INTELLIGENCE OVERSIGHT

Material from the 1990s

L - Z

Lehman, John. Making War: The 200-Year-Old Battle Between the President and Congress Over How America Goes to War. New York: Scribner's, 1992.

MI 20.2: Lehman "draws on historical examples dating from Barbary Coast Pirates to Desert Storm. [His] research is exceptional, and the footnotes provide many valuable resources."

Treverton, FA 71 (Summer 1992), says that "[t]his engaging essay, part memoir, begins with Desert Storm and ends with Panama, with constitutional theory and history in between. Lehman ... is wise enough to recognize that the Constitution hardly settled the tussle over war powers.... He is also honest enough to admit that while he favors a strong president in principle, he tends, like most of us, to look more favorably on Congress. Lehman emphasizes the leverage of congressional investigation..., and he concludes that Congress' power of the purse has been roughly the check on executive discretion that the Founding Fathers had in mind."

Manget, Fred F.

1. "Another System of Oversight: Intelligence and the Rise of Judicial Intervention." Studies in Intelligence 39, no. 5 (1996): 43-50.

"In effect, the judicial review of issues touching on intelligence matters has developed into a system of oversight.... Congressional inroads on all types of executive branch foreign affairs powers ... increased in the 1970s." Judicial oversight exists "in effective and powerful ways that go far beyond the conventional wisdom that national security is a cloak hiding intelligence activities from the Federal judiciary.... Federal judges are the essential third part of the oversight system in the United States, matching requirements of the laws to intelligence activities and watching the watchers."

2. "Presidential Powers and Foreign Intelligence Operations." International Journal of Intelligence and Counterintelligence 5, no. 2 (Summer 1991): 131-153.

"Foreign intelligence operations are conducted under a direct line of authority from the powers granted to the president by the Constitution. As the needs of the nation for security from external threats have grown, so have the foreign affairs and war powers of the executive branch. Today, they clearly and directly encompass foreign intelligence operations, whether such operations have Congressional sanction or not."

McCarthy, Gregory C. "GOP Oversight of Intelligence in the Clinton Era." International Journal of Intelligence and Counterintelligence 15, no. 1 (Spring 2002): 26-51.

"While varying greatly by issue and period, both select committees performed commendably" during the Clinton years. "Although comity would generally characterize the [SSCI's] approach, a notable exception is ... [t]he nomination of Anthony Lake" to be DCI. The "nadir of [HPSCI's] effectiveness" was the Torricelli case, which "was a disaster" for the committee. Overall, however, "the committees allowed Congress to play a major and mostly positive role in oversight."

Orman, John M.

Wilcox: "Critical study of executive secrecy."

Periscope. Editors. "Judge Webster on Oversight." 15, no. 1 (Winter 1990): 5, 10.

Remarks by DCI Webster, 8 February 1990.

Pincus, Walter. "Taking Intelligence into the 21st Century." Washington Post National Weekly Edition, 27 Feb.-5 Mar. 1995, 32.

HPSCI chairman Larry Combest "is determined that his committee play a major role in reshaping U.S. intelligence for the 21st century."

Reisman, W. Michael, and James E. Baker. Regulating Covert Action: Practices, Contexts, and Policies of Covert Coercion Abroad in International and American Law. New Haven: Yale University Press, 1992.

Smist, Frank J., Jr. Congress Oversees the United States Intelligence Community, 1947-1989. Knoxville: University of Tennessee Press, 1991. Congress Oversees the United States Intelligence Community, 1947-1994. 2d ed. 1994.

Snider, L. Britt. Sharing Secrets with Lawmakers: Congress as a User of Intelligence. Washington, DC: Central Intelligence Agency, Center for the Study of Intelligence, 1997. [https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/books-and-monographs/sharing-secrets-with-lawmakers-congress-as-a-user-of-intelligence/toc.htm]

The trend toward large-scale sharing of intelligence with Congress began in the mid-1970s, accelerated with the establishment of the oversight committees in both Houses, and has grown steadily since 1992.

For a condensed version of this insightful mongraph from President Clinton's nominee for CIA Inspector General, see L. Britt Snider, "Sharing Secrets with Lawmakers: Congress as a User of Intelligence," Studies in Intelligence (Spring 1998): 47-69. [https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/csi-studies/studies/spring98/Congress.html]

See also, James McCullough, "Commentary on 'Congress as a User of Intelligence,'" Studies in Intelligence (Spring 1998): 71-74 [https://www.cia.gov/library/center-for-the-study-of-intelligence/csi-publications/csi-studies/studies/spring98/mccullou.html]. This is the text of remarks made at a 20 March 1997 conference at Georgetown University, where discussions centered around Snider's monograph.

Spaulding, Suzanne. "A View from the Senate." National Security Law Report 19, no. 3 (Jun. 1997): 1, 9-14.

Sturtevant, Mary. "Congressional Oversight of Intelligence: One Perspective." American Intelligence Journal 13, no. 3 (Summer 1992): 17-20.

Treverton, Gregory F. "Intelligence: Welcome to the American Government." In A Question of Balance: The President, the Congress and Foreign Policy, ed. Thomas E. Mann, 70-108. Washington, DC: Brookings Institution, 1990.

Van Wagenen, James S. "Critics and Defenders: A Review of Congressional Oversight." Studies in Intelligence (1997): 97-102.

This review begins with the Continental Congress and continues through the Aspin/Brown Report of 1996.

U.S. Congress. Senate. Select Committee on Intelligence. Legislative Oversight of Intelligence Activities: The U.S. Experience. Washington, DC: GPO, 1994.

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