Part XXI The Law: Presidential Approval and Reporting of Covert Actions
To truly understand what happened in Benghazi, there are two whys that need to be answered:
1) Why was Ambassador Stevens chosen for the mission, and not the CIA Chief in Benghazi or in Tripoli?
It is because of the nature of the intelligence operation. You see, If the shipment of weapons from Libya thru Turkey, into Syria had been covered by a Presidential finding, then it would be natural for the CIA reps in the country to coordinate that activity. However, this was an activity that occured in Benghazi that was NOT covered by a Presidential Finding,
As this article laid the groundwork for, the Obama adminstration did not want anyone to know what the CIA was doing. President Obama knew that for him to be reelected Preisdent:
1) He had to keep very quiet what the CIA was doing.
2) He had told the American people repeatedly he would not arm the Free Syrian Army.
3) Al Queda was fighting alongside the Free Syrian Army. What if those weapons got in Al Queda hands?
Everything had to be quiet. Otherwise he would not be reelcted.
With that being said, here is the law:
Presidential approval and reporting of covert actions 50 USC § 413b:
(a) Presidential findings
The President may not authorize the conduct of a covert action by
departments, agencies, or entities of the United States Government
unless the President determines such an action is necessary to support
identifiable foreign policy objectives of the United States and is
important to the national security of the United States, which
determination shall be set forth in a finding that shall meet each of
the following conditions:
(1) Each finding shall be in writing, unless immediate action
by the United States is required and time does not permit the
preparation of a written finding, in which case a written record of the
President’s decision shall be contemporaneously made and shall be
reduced to a written finding as soon as possible but in no event more
than 48 hours after the decision is made.
(2) Except as permitted by paragraph (1), a finding may not
authorize or sanction a covert action, or any aspect of any such action,
which already has occurred.
(3) Each finding shall specify each department, agency, or entity
of the United States Government authorized to fund or otherwise
participate in any significant way in such action. Any employee,
contractor, or contract agent of a department, agency, or entity of the
United States Government other than the Central Intelligence Agency
directed to participate in any way in a covert action shall be subject
either to the policies and regulations of the Central Intelligence
Agency, or to written policies or regulations adopted by such
department, agency, or entity, to govern such participation.
(4) Each finding shall specify whether it is contemplated that any
third party which is not an element of, or a contractor or contract
agent of, the United States Government, or is not otherwise subject to
United States Government policies and regulations, will be used to fund
or otherwise participate in any significant way in the covert action
concerned, or be used to undertake the covert action concerned on behalf
of the United States.
(5) A finding may not authorize any action that would violate the Constitution or any statute of the United States.
(b) Reports to congressional intelligence committees; production of information
To the extent consistent with due regard for the protection from
unauthorized disclosure of classified information relating to sensitive
intelligence sources and methods or other exceptionally sensitive
matters, the Director of National Intelligence and the heads of all
departments, agencies, and entities of the United States Government
involved in a covert action—
(1) shall keep the congressional intelligence committees fully and
currently informed of all covert actions which are the responsibility
of, are engaged in by, or are carried out for or on behalf of, any
department, agency, or entity of the United States Government, including
significant failures; and
(2) shall furnish to the congressional intelligence committees any
information or material concerning covert actions (including the legal
basis under which the covert action is being or was conducted) which is
in the possession, custody, or control of any department, agency, or
entity of the United States Government and which is requested by either
of the congressional intelligence committees in order to carry out its
authorized responsibilities.
(c) Timing of reports; access to finding
(1) The President shall ensure
that any finding approved pursuant to subsection (a) of this section
shall be reported in writing to the congressional intelligence
committees as soon as possible after such approval and before the
initiation of the covert action authorized by the finding, except as
otherwise provided in paragraph (2) and paragraph (3).
(2) If the President determines that it is essential to limit
access to the finding to meet extraordinary circumstances affecting
vital interests of the United States, the finding may be reported to the
chairmen and ranking minority members of the congressional intelligence
committees, the Speaker and minority leader of the House of
Representatives, the majority and minority leaders of the Senate, and
such other member or members of the congressional leadership as may be
included by the President.
(3) Whenever a finding is not reported pursuant to paragraph (1) or (2) of this section, the
President shall fully inform the congressional intelligence committees
in a timely fashion and shall provide a statement of the reasons for not
giving prior notice.
(4) In a case under paragraph (1), (2), or (3), a copy of the
finding, signed by the President, shall be provided to the chairman of
each congressional intelligence committee.
(5)
(A) When access to a finding, or a notification provided under
subsection (d) (1), is limited to the Members of Congress specified in
paragraph (2), a written statement of the reasons for limiting such
access shall also be provided.
(B) Not later than 180 days after a statement of reasons is
submitted in accordance with subparagraph (A) or this subparagraph, the
President shall ensure that—
(i) all members of the congressional intelligence committees are provided access to the finding or notification; or
(ii) a statement of reasons that it is essential to continue to
limit access to such finding or such notification to meet extraordinary
circumstances affecting vital interests of the United States is
submitted to the Members of Congress specified in paragraph (2).
(d) Changes in previously approved actions
(1) The President shall ensure that the congressional
intelligence committees, or, if applicable, the Members of Congress
specified in subsection (c)(2) of this section, are notified in writing
of any significant change in a previously approved covert action, or any
significant undertaking pursuant to a previously approved finding, in
the same manner as findings are reported pursuant to subsection (c) of
this section.
(2) In determining whether an activity constitutes a
significant undertaking for purposes of paragraph (1), the President
shall consider whether the activity—
(A) involves significant risk of loss of life;
(B) requires an expansion of existing authorities, including authorities relating to research, development, or operations;
(C) results in the expenditure of significant funds or other resources;
(D) requires notification under section 414 of this title;
(E) gives rise to a significant risk of disclosing intelligence sources or methods; or
(F) presents a reasonably foreseeable risk of serious damage to the
diplomatic relations of the United States if such activity were
disclosed without authorization.
(e) “Covert action” defined
As used in this subchapter, the term “covert action” means an
activity or activities of the United States Government to influence
political, economic, or military conditions abroad, where it is intended
that the role of the United States Government will not be apparent or
acknowledged publicly, but does not include—
(1) activities the primary purpose of which is to acquire
intelligence, traditional counterintelligence activities, traditional
activities to improve or maintain the operational security of United
States Government programs, or administrative activities;
(2) traditional diplomatic or military activities or routine support to such activities;
(3) traditional law enforcement activities conducted by United
States Government law enforcement agencies or routine support to such
activities; or
(4) activities to provide routine support to the overt
activities (other than activities described in paragraph (1), (2), or
(3)) of other United States Government agencies abroad.
(f) Prohibition on covert actions intended to influence United States political processes, etc.
No covert action may be conducted which is intended to influence
United States political processes, public opinion, policies, or media.
(g) Notice and general description where access to finding or notification limited; maintenance of records and written statements
(1) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall notify all
members of such committee that such finding or such notification has
been provided only to the members specified in subsection (c)(2).
(2) In any case where access to a finding reported under
subsection (c) or notification provided under subsection (d)(1) is not
made available to all members of a congressional intelligence committee
in accordance with subsection (c)(2), the President shall provide to all
members of such committee a general description regarding the finding
or notification, as applicable, consistent with the reasons for not yet
fully informing all members of such committee.
(3) The President shall maintain—
(A) a record of the members of Congress to whom a finding is
reported under subsection (c) or notification is provided under
subsection (d)(1) and the date on which each member of Congress receives
such finding or notification; and
(B) each written statement provided under subsection (c)(5).
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