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25 Harv. J.L. & Pub. Pol'y 765 (2001-2002)
Unleashing the Rogue Elephant: September 11 and Letting the CIA be the CIA

handle is hein.journals/hjlpp25 and id is 793 raw text is: UNLEASHING THE ROGUE ELEPHANT: SEPTEMBER 11 AND LETTING THE CIA BE THE CIA FREDERICK P. HITZ Media outlets have argued that the United States has had an intelligence failure, decrying the intelligence community for failing to warn the American people of the September 11 attacks on the World Trade Center in New York and on the Pentagon in Virginia. In addition, there is constant clamor that the Central Intelligence Agency (CIA) has been unwisely stifled since the Church Committee hearings of 1975-761 and the resultant executive orders of Presidents Ford, Carter, and Reagan that sought to govern the conduct of intelligence activities.2 There is a cry to unleash the CIA from its perceived legal and policy restrictions and permit it to fight the terrorist threat facing the United States on terms that will succeed against this pernicious force. Some of this impetus comes from a rash of recent studies such as the report of the bipartisan National Commission on Terrorism (NCT), which urged the Director of Central Intelligence (DCI) to modify the Agency's * Lecturer in Public and International Affairs, Woodrow Wilson School, Princeton University; Lecturer, University of Virginia School of Law; Inspector General, Central Intelligence Agency, 1990-1998. Assistance in the preparation of this Article was provided by students in my graduate seminars at the Woodrow Wilson School of Princeton University and the University of Virginia School of Law: Rob Gandolfo, David Holmes, Matthew Klein, William Martin, Courtney Mills, Deji Okediji, and Brad Simmons at Princeton; and Shreve Ariail, Chris Freise, Ilana Greenstein, Rees Morgan, Kari Chandler Munro, and Rob Watts at the University of Virginia. I thank each of them for their contributions. 1. The hearings were conducted by Senator Frank Church (D-Idaho) after revelations by the CIA and in the media of CIA violations of rights of American citizens, etc. See SELECT COMM. TO STUDY GOVERNMENTAL OPERATIONS WITH RESPECT TO INTELLIGENCE ACTIVITIES, ALLEGED ASSASSINATION PLOTS INVOLVING FOREIGN LEADERS, S. REP. No. 94-465 (1975). 2. President Ford promulgated Executive Order (E.O.) 11,905, which was followed by E.O. 12,306 under President Reagan. See Exec. Order No. 11,905, 41 Fed. Reg. 7703 (Feb. 18, 1976); Exec. Order No. 12,306,46 Fed. Reg. 29,693 Uune 1, 1981). These orders were superseded by E.O. 12,333, which was promulgated by President Reagan and is still in effect. See Exec. Order 12,333, 46 Fed. Reg. 59,941 (Dec. 4,1981).

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