ETK Introduction: Madison V. Marbury (1806): “All laws repugnant to the Constitution are null and void.”
Executive Order 12333: From Wikipedia:
Executive Order 12333, signed on December 4, 1981 by U.S. President Ronald Reagan, was an Executive Order intended to extend powers and responsibilities of U.S. intelligence agencies and direct the leaders of U.S. federal agencies to co-operate fully with CIA requests for information. This executive order was titled United States Intelligence Activities.
It was amended by Executive Order 13355: Strengthened Management of the Intelligence Community, on August 27, 2004. On July 30, 2008, President George W. Bush issued Executive Order 13470 amending Executive Order 12333 to strengthen the role of the Director of National Intelligence (DNI).
“Goals, Direction, Duties and Responsibilities with Respect to the National Intelligence Effort” lays out roles for various intelligence agencies, including the Departments of Defense, Energy, State, and Treasury.
“Conduct of Intelligence Activities” provides guidelines for actions of intelligence agencies.
Collection of Information
Part 2.3 permits collection, retention and dissemination of the following types of information along with several others.
(c) Information obtained in the course of a lawful foreign intelligence, counterintelligence, international narcotics or international terrorism investigation
(i) Incidentally obtained information that may indicate involvement in activities that may violate federal, state, local or foreign laws
Proscription on assassination
Part 2.11 of this executive order reiterates a proscription on US intelligence agencies sponsoring or carrying out an assassination. It reads:
No person employed by or acting on behalf of the United States Government shall engage in, or conspire to engage in, political assassination.
Previously, EO 11905 (Gerald Ford) had banned political assassinations and EO 12036 (Jimmy Carter) had further banned indirect U.S. involvement in assassinations. As early as 1998, this proscription against assassination was reinterpreted, and relaxed, for targets who are classified by the United States as connected to terrorism.
Executive Order 12333 has been regarded by the American intelligence community as a fundamental document authorizing the expansion of data collection activities. The document has been employed by the National Security Agency as legal authorization for its collection of unencrypted information flowing through the data centers of internet communications giants Google and Yahoo!.
In July 2014 chairman David Medine and two other members of the Privacy and Civil Liberties Oversight Board, a government oversight agency, indicated a desire to review Executive Order 12333 in the near future, according to a report by journalist Spencer Ackerman of The Guardian.
In July 2014, former State Department official John Tye published an editorial in The Washington Post, citing his prior access to classified material on intelligence-gathering activities under Executive Order 12333, and arguing that the order represented a significant threat to Americans’ privacy and civil liberties.
In the movie Get Smart, Agent 23 tells Maxwell Smart,”assassinations are prohibited by Executive Order 1-2-333.”
United States Intelligence Community
List of United States federal executive orders
Ronald Reagan, “Executive Order 12333—United States Intelligence Activities,” US Federal Register, Dec. 4, 1981.
“Executive Order 13470”. Fas.org. Retrieved May 6, 2011.
“Bush Orders Intelligence Overhaul”, by Associated Press, July 31, 2008
Executive Order: Further Amendments to Executive Order 12333, United States Intelligence Activities, White House, July 31, 2008
“Executive Orders”. Archives.gov. Retrieved May 6, 2011.
CRS Report for Congress Assassination Ban and E.O. 12333: A Brief Summary January 4, 2002
Walter Pincus (February 15, 1998). “Saddam Hussein’s Death Is a Goal, Says Ex-CIA Chief”. The Washington Post. p. A36. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
Barton Gellman (October 21, 2001). “CIA Weighs ‘Targeted Killing’ Missions: Administration Believes Restraints Do Not Bar Singling Out Individual Terrorists”. The Washington Post. p. A01. Archived from the original on December 30, 2008. Retrieved December 30, 2008.
Spencer Ackerman, “NSA Reformers Dismayed after Privacy Board Vindicates Surveillance Dragnet: Privacy and Civil Liberties Oversight Board Endorses Agency’s So-called ‘702’ Powers, Plus Backdoor Searches of Americans’ Information”, ‘The Guardian (London), July 2, 2014.
Farivar, Cyrus (August 20, 2014). “Meet John Tye: the kinder, gentler, and by-the-book whistleblower”. Ars Technica.
Ronald Reagan, “Executive Order 12333—United States Intelligence Activities”, US Federal Register, December 4, 1981.
Wikisource has original text related to this article:
Executive Order 12333
Metadata concerning Executive Order 12333, US Federal Register – indicates other executive orders that this E.O. amends, revokes, and is amended by.
Executive Order 12333 Documents Redefine ‘Collection,’ Authorize Majority Of Dragnet Surveillance Programs, Techdirt, 2014/09/29
Should U.S. officials say anything that could harm U.S. soldiers?, Milnet – (a 5k summary of eo12333)
Executive Order 13355: Strengthened Management of the Intelligence Community, White House, August 27, 2004.
Executive Order 13355: Strengthened Management of the Intelligence Community, US Federal Register, September 1, 2004.
Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons, December 1982.
Another Law Under Assault, Washington Post, September 29, 2005.
Hess, Pamela (November 8, 2002). “Experts: Yemen strike not assassination”. UPI.
Elizabeth B. Bazan (January 4, 2002). “Assassination Ban and E.O. 12333:A Brief Summary” (PDF). CRS Report for Congress. Retrieved April 26, 2006.
Tom O’Connor, Mark Stevens (November 2005). “The Handling of Illegal Enemy Combatants”. Archived from the original on May 5, 2006. Retrieved April 26, 2006.
“Memorandum on Executive Order 12333 and Assassination” (PDF). Archived from the original (PDF) on May 24, 2006. Retrieved April 26, 2006.
Jeffrey Addicott (November 7, 2002). “The Yemen Attack: Illegal Assassination or Lawful Killing?”. JURIST. Archived from the original on April 18, 2006. Retrieved April 26, 2006.
Major U.S. Intelligence Reforms
National Security Act of 1947 (1947) Foreign Intelligence Surveillance Act (1978) National Intelligence Reorganization and Reform Act (1978) Patriot Act (2001) Intelligence Reform and Terrorism Prevention Act (2004) Protect America Act of 2007
The First Hoover Commission The Second Hoover Commission (1953) The Rockefeller Commission (1975) Aspen-Brown Commission (1995) U.S. Commission on National Security/21st Century (2001) Weapons of Mass Destruction Commission (2005)
The Church Committee (1976) The Pike Committee (1976)
U.S. Executive Orders
EO 11905 (Ford, 1976) EO 12036 (Carter, 1978) EO 12333 (Reagan, 1981) EO 13355 (G.W. Bush, 2004) EO 13470 (G.W. Bush, 2008)
The Murphy Investigation (1974) Iran-Contra Investigation (1987)
Eberstadt Report (1947) The Dulles–Jackson–Correa Report (1949) The Doolittle Report (1954) The Bruce-Lovett Report (1956) The Taylor Report (1961) The Kirkpatrick Report (1961) The Schlesinger Report (1971) Clifford/Cline Proposals (1976) Boren–McCurdy proposals (1992) IC21 (1996) 9/11 Commission Report (2004)
Executive Order 12333 (pdf)
Related Documents (pdf)
1) United States Signals Intelligence Directive 18 (1993): (Please note that significant portions of this document have been redacted, that is, whited out).
2) United States Signals Intelligence Directive 18 (2011): (This document also contains large redacted areas. it refers to U.S. persons who are designated as “targets” and spells out criteria for identifying them as such.)
3. United States Signals Intelligence Directive 18 Appendix J
4. Defense Intelligence Agency Intelligence Oversight (2013): (In this document, redacted portions are covered with pink rectangles.)
5. DoD Directive-Type Memorandum 08-052, DoD Guidance for Reporting Questionable Intelligence Activities and Significant or Highly Sensitive Matters (2009)
DoD Directive-Type Memorandum 08-052, DoD Guidance for Reporting Questionable Intelligence Activities and Significant or Highly Sensitive Matters
6. DoD Directive-Type Memorandum 08-052, DoD Guidance for Reporting Questionable Intelligence Activities and Significant or Highly Sensitive Matters (2013)
7. Deputy Secretary of Defense Memorandum on Intelligence Oversight Policy Guidance (2008)
8. Department of Defense Directive Number 5240.01 (2007)
9. Intelligence Law Handbook: Defense HUMINT Service (2004)
Intelligence Law Handbook Defense HUMINT Service
10. DoD Regulation 5240.1-R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons (1982)
DoD Regulation 5240.1-R, Procedures Governing the Activities of DoD Intelligence Components that Affect United States Persons
11. Intelligence Activities Legal Summary Card, DoD 5240.IR Intelligence Activities
12. Intelligence Activities Legal Flow Chart of DoD 5240.IR
13. DoD HUMINT Legal Workshop Fundamentals of HUMINT Targeting
14. Legal Requirements for HUMINT OperationsLegal Requirements for HUMINT Operations
15. Domestic Investigations and Operations Guide (2013)
16. Classified FBI Memorandum (2013)
17. Classified FBI Email (2012)
18. Classified FBI Email Re: Attorney General Approval (2012)
19. FBI Deleted Page Information Sheet for Classified FBI Memorandum
19. FBI Deleted Page Information Sheet
20, Vaughn Index (2014)
21. Legal Fact Sheet: Executive Order 12,333
22. United States Signals Intelligence Directive USSID SP0019 (2012)
United States Signals Intelligence Directive USSID SP0019
23. Dissemination of U.S. Person Information< (2010)/strong>
24. Signals Intelligence Directorate (SID) Management Directive 432: (2010)
25. Signals Intelligence Directorate (SID) Management Directive 421: United States SIGINT System Database Access (2007)
26. Signals Intelligence Directorate (SID) Management Directive 422: United States SIGINT System Mission Delegation (2007)
27. Overview of Signals Intelligence Authorities (2007)
28. United States Signals Intelligence Directive (USSID) CR1610 (2005)
29. Memorandum for the Senior Associate Counsel to the President and Legal Advisor to the National Security Council (2003)
30. Memorandum for the Attorney General Re: Review of the Legality of the STELLAR WIND Program (2004)
31. Memorandum for the Attorney General (2001)
32. Authority for Warrantless National Security Searches
33. Updated Vaughn Index (2014)
34. Authorities of the SIGINT Functional Manager (2013)
35. IG Memorandum to Commander, NSA/CSS Georgia, Re: Intelligence Oversight of the [Redacted] Program at NSA/CSS Georgia
36. OIG Report of Investigation Regarding Alleged Improprieties at NSA Georgia (2009)
37. OGC Memorandum Concerning the Use of Material Derived from SIGINT (2009)
38. OGC Memorandum for the Deputy Chief of Staff, Re: Sharing of « RAW SIGINT (2007)