Fred F. Manget

Manget, Fred F. "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."

[Overviews/Legal; Oversight/90s][c]

Manget, Fred F. "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."

[Overviews/Legal; Oversight/90s][c]

Manget, Fred F. "Restitution: A Better Way of Dealing with the Wrongful Appropriation of Classified Government Secrets?" International Journal of Intelligence and Counterintelligence 4, no. 1 (Spring 1990): 23-37.

"[U]nder recent developments in intellectual property law, the government may also [in addition to the available criminal legal sanctions against a government employee who makes an unauthorized disclosure of government secrets] have legal recourse against the person who receives and uses classified information without authorization. Legal sanctions are available through the use of well-recognized principles of the civil law of wrongs which are called torts.... The consistent principle in modern intellectual property law is that profits of infringement should be forfeited, especially in the case of intentional infringement."


Return to Mal-Mang