Constitutional & Legal Issues


S - Z


Salzburg, Stephen. "National Security and the Fourth and Fifth Amendments." In National Security Law, eds. John Norton Moore, Frederick S. Tipson, and Robert F. Turner, 1001-1032. Durham, NC: Carolina Academic Press, 1990.

Sandberg, Justin M. "The Need for Warrants Authorizing Foreign Intelligence Searches of American Citizens Abroad: A Call for Formalism." University of Chicago Law Review 69, no. 1 (Winter 2002): 403-427.

Silverberg, Marshall. "The Separation of Powers and Control of the CIA's Covert Operations." Texas Law Review 68, no. 3 (Feb. 1990): 575-623.

Snider, L. Britt. "The New (and Largely Unappreciated) Legal Framework for U.S. Intelligence." American Intelligence Journal 14, no. 3 (Autumn-Winter 1993-1994): 77-80.

Snider was Staff Director of the Commission on Roles and Capabilities of U.S. Intelligence Community (Aspin commission). He argues that the importance of the language in Title VII of the Intelligence Authorization Act for Fiscal Year 1993 (P.L. 102-496), signed by President Bush on 24 Oct. 1992, is being missed.

Tamanaha, Brian Z. "A Critical Review of the Classified Information Procedures Act." American Journal of Criminal Law 13 (Summer 1986): 277-328.

Calder notes that the article discusses the graymail problem and cases involving CIA personnel.

Turner, Robert F. "Coercive Covert Action and the Law." Yale Journal of International Law 20, no. 2 (Summer 1995): 427-449.

Tuttle, Andrew C. "Secrecy, Covert Action, and Counterespionage: Intelligence Challenges for the 1990s." Harvard Journal of Law & Public Policy 12, no. 2 (1989): 523-540. [Petersen]

U.S. Central Intelligence Agency. Office of General Counsel. Guide to Law of Central Intelligence Agency. 5 vols. Washington, DC: Updated through 1990.

Lowenthal notes that this "[e]xtremely useful compilation of laws, executive orders, and judicial decisions" includes footnotes that "are especially useful in tracking developments and changes over time."

U.S. Congress. House. Permanent Select Committee on Intelligence. Compilation of Intelligence Laws and Related Laws and Executive Orders of Interest to the National Intelligence Community. (As Amended through 25 March, 2003). Washington, DC: GPO, 2003.

This is an excellent collection of intelligence laws and regulations, which has been regularly updated and reissued by the committee. This is sometimes available directly from the HPSCI at no cost; otherwise, the latest reissue remains a good buy through the GPO. FAS has posted an electronic copy (2.6 mb PDF file) at: http://www.fas.org/irp/congress/2003_rpt/laws2003.pdf.

U.S. Court of Appeals for the District of Columbia Circuit. Jack B. Pfeiffer, Appellant, v. Central Intelligence Agency and United States of America. No. 94-5107. 1 Aug. 1995. [www.ll.georgetown.edu/federal/judicial/dc/opinions/94opinions/94-5107a.html]

"... Before BUCKLEY, GINSBURG, and SENTELLE, Circuit Judges.

"Opinion for the Court filed by Circuit Judge GINSBURG.

"GINSBURG, Circuit Judge: As part of his duties as an historian employed by the CIA, Dr. Jack B. Pfeiffer wrote a report dealing with the Agency's internal investigation of the Bay of Pigs Operation. When he left the CIA Pfeiffer took a copy of that report, which he later asked the Agency to review and clear for publication. When the CIA declined, Pfeiffer brought suit in district court claiming that the Agency's refusal to undertake such a review operated as a prior restraint upon his right to speak, in violation of the First Amendment to the Constitution of the United States. The United States intervened and counterclaimed for return of Pfeiffer's copy of the report. The district court granted summary judgment in favor of the Government on both Pfeiffer's claim and the Government's counterclaim. Because Pfeiffer has no right to a copy of the document and the CIA's conduct in this case does not implicate the first amendment, we affirm the judgment of the district court."

Walsh, Gary L. "No Special Rules for Special Operations: The Relationship of Law and the Judge Advocate to SOF." Special Warfare 2 (Fall 1989): 4-11.

Wark, Wesley K. "'Great Investigations': The Public Debate on Intelligence in the US after 1945." Defense Analysis 3, no. 2 (Fall 1987): 119-132. [Petersen]

Warner, John S.

1. "CIA Turns to the Federal Courts to Help Protect Its Secrets." In In the Name of Intelligence: Essays in Honor of Walter Pforzheimer, eds. Hayden B. Peake and Samuel Halpern, 513-536. Washington, DC: NIBC Press, 1994.

The former CIA General Counsel, who retired in 1976, discusses the Marchetti and Snepp cases.

2. "Where Secrecy Is Essential." In Extracts from Studies in Intelligence to Commemorate the Bicentennial of the United States Constitution, 45-64 . Washington, DC: Central Intelligence Agency, Sep. 1987.

This is "essential" reading on the subject of legality of secrecy in government.

Warren, Charles. "Spies and the Power of Congress to Subject Certain Classes of Civilians to Trial by Military Tribunal." American Law Review 53 (Mar.-Apr. 1919): 195-228.

Found this browsing through Calder and am including it here because of its potential relevance to ongoing discussions concerning the prisoners from Afghanistan and Iraq held by the military. [04/22/07]

Weiss, Philip. "The Quiet Coup. U.S. v. Morison: A Victory for Secret Government." Harper's 279 (Sep. 1989): 54-65. [Petersen]

Wheaton, Kelly D. "Spycraft and Government Contracts: A Defense of Totten v. United States." Army Lawyer, Aug. 1997, 9-18.

According to Calder, this article "[d]iscusses the case of Enoch Totten;... OPLAN 34-A in North Vietnam and Laos, 1960-1966;... [and] the legal relationship between the parties when covert services are obtained."

Woodruff, Joseph A. "Practical Aspects of Trying Cases Involving Classified Information." Army Lawyer, Jun. 1986, 50-54. [Calder]

Zive, Gregg W. "Prior Restraint and the Press Following the Pentagon Papers Cases -- Is the Immunity Dissolving?" Notre Dame Lawyer 47, no. 4 (Apr. 1972): 927-958. [Calder]

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