January - February 2005

Materials presented in chronological order.

Jehl, Douglas. "C.I.A. Chief Names Deputy and Ends Meetings." New York Times, 5 Jan. 2005. [http://www.nytimes.com]

According to intelligence officials on 4 January 2005, CIA chief Porter J. Goss has named John Kringen to succeed Jami Miscik as deputy director for intelligence. In addition, he "has abolished a daily 5 p.m. meeting that had been used since the Sept. 11 attacks to coordinate counterterrorism operations around the world."

Pincus, Walter. "Changing of the Guard at the CIA: Goss's Shake-Ups Leave Some Questioning Agency's Role." Washington Post, 6 Jan. 2005, A3. [http://www.washingtonpost.com]

"With the departure next month of the CIA's deputy director for intelligence, Jami A. Miscik, CIA Director Porter J. Goss will have largely completed the replacement of top agency officials that his aides had predicted to colleagues when they took control in October."

Lane, Charles.

1. "Court to Hear Arguments of CIA Spies: Former Soviet-Bloc Couple Sued Agency for Breach of Clandestine Deal." Washington Post, 10 Jan. 2005, A2. [http://www.washingtonpost.com]

In Tenet v. Doe, No. 03-1395, the U.S. Supreme Court will hear the case of a married couple from a former Soviet-bloc country who spied for the United States and are suing the CIA for not following through on "what they thought was a promise ... of a new home in the United States and a lifetime income."

2. "Court Hears Espionage Compensation Case: Justices Appear Skeptical of Soviet Bloc Defectors' Lawsuit Against the CIA." Washington Post, 12 Jan. 2005, A2. [http://www.washingtonpost.com]

On 11 January 2005, the U.S. Supreme Court "seemed inclined to back the CIA's freedom to cut secret deals with foreign spies.... Members of the court repeatedly pressed an attorney for the defectors ... to explain why it should permit them to sue the agency, given that Supreme Court precedent dating from 1875 [Totten v. U.S.] says that espionage contracts are unenforceable in court."

3. "Justices Rule Spies Cannot Sue U.S. Over Deals: 9 to 0 Decision Affirms Agencies' Leeway in Hiring Foreign Agents." Washington Post, 3 Mar. 2005, A3. [http://www.washingtonpost.com]

The U.S. Supreme Court ruled on 2 March 2005 that "[s]pies cannot sue the U.S. government for allegedly reneging on their espionage contracts.... [T]he court dismissed a lawsuit by two former Soviet bloc diplomats." Chief Justice William H. Rehnquist, writing for the court, said the applicable rule had been laid down in Totten v. U.S. "In that case, the court held that a suit to enforce an espionage contract is inconsistent with the mutual pledge of secrecy that forms a central condition of any such arrangement."

See also, International Law Update, "U.S. Supreme Court Holds that Former Spies Cannot Use U.S. Courts to Enforce Compensation Agreements for Espionage Services," 11 (Mar. 2005): 37-38.

Chief Justice William H. Rehnquist for the unanimous U.S. Supreme Court: "We adhere to Totten. The state secrets privilege and the more frequent use of in camera judicial proceedings simply cannot provide the absolute protection we found necessary in enunciating the Totten rule. The possibility that a suit may proceed and an espionage relationship may be revealed, if the state secrets privilege is found not to apply, is unacceptable."

Richey, Warren. "Aggrieved with CIA, a Former Spy Goes to Court." Christian Science Monitor, 11 Jan. 2005.

Reviews arguments in Tenet v. Doe.

Tyson, Ann Scott. "Study Urges CIA Not To Cede Paramilitary Functions to Pentagon." Washington Post, 5 Feb. 2005, A8. [http://www.washingtonpost.com]

According to senior defense officials on 4 February 2005, a study contracted by the Pentagon and carried out by McLean-based Booz Allen Hamilton "has concluded that the Defense Department should not take charge of the CIA's paramilitary functions." The study considered how to act on the 9/11 commission's recommendation "that lead responsibility for covert and clandestine paramilitary operations be ... consolidated under the ... Special Operations Command.... The study's conclusion ... reflects an emerging consensus among current and former defense, military and intelligence officials that it is more logical for the CIA to retain its relatively modest paramilitary force."

Jehl, Douglas, and David Johnston. "U.S. Drops Criminal Inquiry of C.I.A. Antidrug Effort in Peru." New York Times, 6 Feb. 2005. [http://www.nytimes.com]

According to Justice Department officials, federal prosecutors have ended "a criminal inquiry into whether at least four Central Intelligence Agency officers lied to lawmakers and their agency superiors about a clandestine antidrug operation that ended in 2001 with the fatal downing of a plane carrying American missionaries."

Priest, Dana. "FBI Pushes to Expand Domain Into CIA's Intelligence Gathering: Common Ground Not Yet Reached on Agency Roles in U.S." Washington Post, 6 Feb. 2005, A10. [http://www.washingtonpost.com]

"FBI Director Robert S. Mueller III is pushing to rewrite the rules under which the CIA and FBI have operated domestically for decades and to assert what he views as the FBI's proper authority over all domestic intelligence gathering.... [F]or decades, the CIA has been allowed under U.S. law to recruit foreign officials, business executives and students living in or visiting the United States to spy for the agency when they return home. CIA case officers working in the National Resources Division, which has stations in major U.S. cities, routinely debrief, on a voluntary basis, U.S. business executives and others who work overseas."

Johnston, David, and Douglas Jehl. "F.B.I.'s Recruiting of Spies Causes Rift with C.I.A." New York Times, 11 Feb. 2005. [http://www.nytimes.com]

Senior government officials have said that a "new effort by the F.B.I. to recruit foreigners in the United States and use them as spies overseas has created new frictions" with the CIA. According to senior intelligence officials, there "have been several episodes in which the F.B.I. failed to inform the C.I.A. fully about its relationships with intelligence sources overseas or practiced poor tradecraft in its dealing with them."

Shane, Scott. "C.I.A. Interrogator's Defense to Cite Bush at Brutality Trial." New York Times, 11 Feb. 2005. [http://www.nytimes.com]

According to federal court documents, a CIA contract interrogator, David A. Passaro, "charged with beating an Afghan prisoner who died the next day, is basing his defense in part on statements by President Bush and other officials that called for tough action to prevent terrorist attacks and protect American lives..... Passaro's lead defense lawyer[] has ... notified the government that he will pursue a 'public authority defense.' Such a defense involves a claim that the defendant believed, even if incorrectly, that he was acting with the authority and approval of the government."

Sherwell, Philip. "Teheran 'Executed CIA's Spy Network 10 Years Ago.'" Telegraph (London), 13 Feb. 2005. [http://www.telegraph.co.uk]

According to former CIA officials, "America's spy network in Iran was exposed more than 10 years ago and about 50 of its local agents were executed or jailed in a devastating setback for United States intelligence operations in the Islamic state. The Iranian agents, who included senior military officers, had been relaying information to their handlers at the CIA's office in Frankfurt, using messages written in invisible ink on the back of letters posted from Iran."

Pincus, Walter. "CIA to Cede President's Brief to Negroponte: White House Decision Seen as Signal to Intelligence Community on New Post." Washington Post, 19 Feb. 2005, A15. [http://www.washingtonpost.com]

President Bush's Chief of Staff Andrew H. Card Jr. said on 18 February 2005 that the White House has decided that the new DNI, John D. Negroponte, "will take over from CIA Director Porter J. Goss the responsibility for producing the intelligence material given to President Bush each morning.... The President's Daily Brief (PDB) ... provides the foundation for the 30-minute national security briefing that starts Bush's day."

Priest, Dana. "CIA Moves to Second Fiddle in Intelligence Work." Washington Post, 27 Feb. 2005, A9. [http://www.washingtonpost.com]

The nomination of John D. Negroponte as DNI "signaled the end of the CIA's nearly 60-year run as the undisputed center of power and influence in the secret world of intelligence.... Not only will Negroponte replace the CIA director as the most important voice the president hears on intelligence matters each day, but other agencies, notably the Pentagon and the FBI, are seeking to take over some of the CIA's traditional case officer duties."

Fulghum, David A. "Hide and Seek." Aviation Week & Space Technology, 28 Feb. 2005.

According to military and aerospace industry officials, the CIA, not the U.S. Air Force, is flying "unmanned reconnaissance aircraft over Iran,... looking for Iranian nuclear facilities and delivery systems, such as long-range ballistic missiles." The author also discusses "clues" found in the FY05 "emergency supplemental defense budget ... about the U.S. effort to build up its intelligence, surveillance and reconnaissance (ISR) capabilities in the region."

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