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94 Calif. L. Rev. 1655 (2006)
The Architecture of Smart Intelligence: Structuring and Overseeing Agencies in the Post-9/11 World

handle is hein.journals/calr94 and id is 1675 raw text is: The Architecture of Smart Intelligence: Structuring and Overseeing Agencies in the Post-9/11 World Anne Joseph O'Connellt INTRODUCTION The September 11, 2001 terrorist attacks left U.S. policymakers stunned at the country's vulnerability. The attacks resulted, at least in part, from a massive breakdown in the intelligence system designed to identify threats to the nation's security and to provide policymakers with sufficient information to protect against them.' Congress created the National Copyright C 2006 California Law Review, Inc. California Law Review, Inc. (CLR) is a California nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t Assistant Professor of Law, Boalt Hall, School of Law, University of California, Berkeley. I am grateful to Jamie O'Connell, Eugene Bardach, Melvin Eisenberg, Christopher Elmendorf, Daniel Farber, Philip Frickey, Andrew Guzman, Daniel Ho, Sonya Lebsack, Jonathan Masur, Robert Merges, Paul Schwartz, Martin Shapiro, Matthew Stephenson, Eric Talley, John Yoo, David Zaring, Amy Zegart, editors of California Law Review, and participants in the University of California, Davis, Law School Faculty Workshop, the Boalt Hall-Montpellier University Faculty Conference, Boalt Hall's Advanced Constitutional Theory Student Seminar, the University of California, Los Angeles, Law School Faculty Workshop, the University of California, Berkeley, Learning in Retirement Program on Constitutional Law, and the American Law and Economics Association's 2006 Annual Meeting for helpful discussions and suggestions. In May 2005, I worked with five undergraduates-Paul Angelo (Naval Academy), Albert Chang (Stanford University), Chris Culver (Air Forcc Academy), Becky Perry (University of Texas, Austin), and Marissa Vahlsing (Swarthmore College)--on a policy proposal to reform congressional oversight of the intelligence community; conversations with those students improved my ideas on this topic. Casey Roberts, Bruno Salama, and James Chavez provided extremely helpful research assistance, and Doug Avila of the Boalt Hall Library tracked down copies of many sources. The Boalt Hall Fund provided financial assistance. From 2001 to 2003, I was a trial attorney at the Federal Programs Branch of the U.S. Department of Justice. As a team member helping to review designations of entities linked to terrorism before their assets were frozen and defend those designations when legal challenges were brought, I interacted with members of the intelligence community. Nothing in this Article is based on confidential or classified information, and none of my views should be attributed to the Department of Justice. 1. WILLIAM E. ODOM, FIXING INTELLIGENCE FOR A MORE SECURE AMERICA 187 (2003). Judge Posner has questioned this inference. Richard A. Posner, The 9/1i Report: A Dissent, (Review of Final Report of the National Commission on Terrorist Attacks upon the United States), N.Y. TIMES BOOK REV., Aug. 29, 2004, at 1; see also RICHARD A. POSNER, PREVENTING SURPRISE ATTACKS: INTELLIGENCE REFORM IN THE WAKE OF 9/1I, at 20 (2005); Luis Garicano & Richard A. 1655

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