Chapter 16 - Other Legal Problems in the Intelligence Field
Halkin v. Helms, 690 F.2d 977 (1982)
Who were the plaintiffs?
Who were the defendants?
What was Operation CHAOS?
How did CHAOS collect information?
How were international electronic communications tracked?
What is the discovery fight and what did the court rule?
Was Operation CHAOS a valid CIA activity in the US?
What is the effect of not allowing discovery on plaintiffs' efforts to get legal
redress from a potentially illegal activity?
How did the Intelligence Reform and Terrorism Prevention Act of 2004
explicitly limit the CIA's jurisdiction in the US?
What might this allow the CIA to continue to do in the US?
Who did COINTELPRO operations target?
Was this just intelligence gathering?
What sort of covert actions were carried out?
What were the long term goals of the operation against Black Nationalists?
Why was the FBI worried about the New Left?
What actions were recommended against the New Left?
What is the FBI enabling act?
Where does its authority come from?
What was the result in Hobson v. Wilson, 737 F.2d 1, 10 (D.C. Cir. 1984)?
Why was the result different from Halkin v. Helms?
Would this rational still be good today?
What is the NSA and what intelligence does it process?
What are the issues of the NSA doing economic espionage to benefit US
companies?
The Privatization of Intelligence
Why is it useful for the CIA to run private businesses?
What was Air America?
What was its role in Laos?
What is the problem with using UN aid organizations to support private
armies?
Were the Hmong troops a private army or a freedom fighters?
What was the problem with drug running?
What about owning media and paying for propaganda?
What if reporters do not know they are working for a CIA front?
What about private accounts and banks?
How is this different from using real private businesses to carry out
intelligence operations?
What are the constitutional issues with front organization in the US?
How do private businesses get around that?
What about dirty assets?
Harbury v. Deutch, 233 F3d 596 (2002)
Who killed plaintiff's husband?
What was the US involvement?
What actions by the US were plaintiff's claims based on?
Why use Bivens?
What was the Biven's claim based on?
What does United States v. Verdugo-Urquidez, 494 U.S. 259 (1990) tell us
about the claims of foreign nationals for actions that happen outside the US?
What is the problem with her bringing FTCA claims based on what
happened?
Go back and review what Sosa v. Alvarez-Machain, p 187, says about claims
based on international human rights norms.
Should the CIA be responsible for bad assets?
How did reforms limiting CIA use of dirty assets complicate intelligence pre9/11?
Who do you need to do business with to learn about terrorists?
How is using the military for covert actions different from using the CIA?
Is it better to use the military?
What is the command structure confusion when special forces are used for nonmilitary covert actions?