NCJ Number
122065
Journal
Harvard Journal of Law and Public Policy Volume: 12 Issue: 2 Dated: (Spring 1989) Pages: 523-540
Date Published
1989
Length
18 pages
Annotation
Defining the roles of the Central Intelligence Agency (CIA) and the Federal Bureau of Investigation (FBI) in carrying out covert action, counterintelligence, and counterespionage is difficult in a free society where the public is deemed to have a right to know about all governmental activities.
Abstract
Responding to the report of the Rockefeller Commission, President Ford promulgated Executive Order 11,905, forbidding any CIA assassination plots or attempts on the life of any person and transferring covert activities from the direct control of the Director of Central Intelligence to an advisory group consisting of the Secretaries of State and Defense, the National Security Advisor, the Director of Central Intelligence, and the Chairman of the Joint Chiefs of Staff. Presidents Carter and Reagan maintained similar policies in their administrations. The CIA's legal responsibilities are defined, including its charge to carry out counterintelligence and counterespionage activities overseas. Under Executive Order 12,333, the CIA may carry out some domestic counterintelligence and counterespionage functions, but only in coordination with the FBI and under the supervision of the Attorney General. Courts have approved FBI warrantless electronic surveillance in counterintelligence investigations. One of the most serious challenges to American counterespionage efforts is a shortage of competently-trained personnel. 94 footnotes.