crore rmemeng uw ton be Uf hh SIR ANLUAD FCR: ODizvactar of Cantral Istalliyeace wo 2 lee TUEILO TL: Lagal Basis for Ceald-War Activities t. This memorandam ‘3 for infarmation. 2. 1 distnssed with Nicholas daS. Hsotasnbach, rssisinns ? ettorney Genaral, Ciilea of Legs! Coonsel, Departmect of Justices, £ points raised by Seastor Lugene J. MeCarte7 conceyaing the ° tse juridical or cocastitetioaral rige? of CIA ta cazry on® covert activi- ties directed tawavrda the imposition ci a par rticulars line of political thonght on a foreign coenizy. The Praaidasat, with hilo responsibility for the cosndest of foreign relatims, a5 a and with the ocsowers Conmander in Thief of the armed Forces, 2mt wien ta tohareat inthe Presidency, haa actherity te take soch sxecotive «ctious as ha deems appropyrists te proe\ct the national intersst awhick are got barred by tha Consititation oF other valid law of the land, 3. Thero are no senscal pronibitiona ia law on cold-wer activities cf a cover? naims3, although thazo are laws iin sDacific ucts as mowatiag milltszy expaditions within this cozstry asainat a forelun sovereign. Lt would appear, therefors, tha2 cold-war activizias not involving am 2c$ of war and nok within sch lecal Hmitations would be withla the exacative preroazative
i" saoost necarity Council may from timats time dilre?2, .* TT ed to te = tasks ior ziving ths Ageescy 4 charteris at clanezsties intaliigcnes and comsiarlaivlli3 vara. pho bite - 2 In 1947, Seerstery of Dofvase Porresiat askad 2he Least or ~~ Cantrel Intelligessea 12 CIA wooid bs able to conden? eee - wear atttyitias, Such 2.5 Dlick arccagsata, COmisanice - z~ot ive i 9 raids, SADCASS and aupoor! ci guarstiie wariers. Cur ties ar tbat time was that if the Natioaa!l Security Council 4 volley that this country wesld ongags in such covest a % a 4 asshemed thels cosdeztto CIA wa werlad have to yo — ress for the fends to carry ont sok Sativitias. The arity Council dia dayelesa Direzzivse {NSC 10/2) ciiviiias and assigaad iXxzrectcr of Cexntrs} © vA bw pe n rv fe) a] "ye % ee fi NS (a g fi. E Han 0 x i Ye (p % re if v N 3 Deoartmaak af Matea.— 9 - ress was aakod for acd did apsropriznia inads te support esly a amall axmmtar cf (eoagress- a as oerosviatioa. “Tha Cities of Policy Coordination was weotly combinad with the clandestine intelligence activities / ge {Pliss}, and the cold-war . : 2 sctbzen ta th. Uffies cf tha Dandy Dirs=t: charter waz assigned to € 3m coprdinatim with the Departmeats LA ef ~tate and Lefanse by NST Disrestive 542. ’ 6. San:a cf the covert cold-war operations are releted to jotelligance withia a broad interpratatica of asction b02ic){3}. It © sivoichinyg that saciioa too far to includa a Gratamala or nt ven though installigesce and covsterimalligencs are essential Ia thoasa cpsraticas, therefore, the Exacufives } to scch ncivlsiess Eranck wader the directies cf tha Presidzat was acting wteest specific sta tatwory authorisation, and CIA was the azeant salactad for thelr conduct. 32 would, of couras, be praisrablats nase thet te periczm such othsr fa=actions acd dotias reisted a section read, to the national security as tha Aiatlonal Sacurity Counell mey from tim? to tima direst,” instead of having it restricted to istealigescs afizctiag the natiosai sscurity, ' but 42 is quesiticonsize whaiher sach 4 chasge shonld be sought at this time. Congress has continued to _ azerogziata fands fer the conduct of these activities, bu? again only 2s: onmber of cengresamen in oor spprop: riatioaa Sebcam- stitkes3 kaew the nature and amouat of thess approsristiaas, and sty ancther anal group of the congre29™men of Cnr parent Snbe- LOMA itees in the Armed Services € ommittzes and other selected CSc.;rssamen Save known officially the natura of the activities. x
(Page 1) OCC 62-0083 15 January 1962 MEMORANDUM FOR: Director of Central Intelligence SUBJECT: Legal Basis for Cold-War Activities 1. This memorandum is for information 2. I have discussed with Nicholas deB. Katzenbach, assistant Attorney General, Office of Legal Counsel, Department of Justice, the points raised by Senator Eugene J. McCarthy concerning the juridical or consitutional right of CIA to carry out covert activi- ties directed towards the imposition of a particular line of political thought on a foreign country. The President with his responsibility for the conduct of foreign relations, as Commander in Chief of the Armed Forces, and with the powers inherent in the Presidency, has authority to take such executive actions as he deems appropriate to protect the national interest which are not barred by the Constitution or other valid law of the land. 3. There are no general prohibitions in law on cold-war activities of a covert nature, although there are laws limiting such specific acts as mounting military expeditions within this country against a foreign sovereign. It would appear, therefore, that cold-war activities not involving an act of war and not within such legal limitations would be within the executive prerogative. 4. There is no specific statuatory authorization to any agency for the conduct of such activities. When the National Security Act was enacted in 1947, the consideration of section 102, which established the Central Intelligence Agency, was restricted to the performance of intelligence functions. The language cf paragraph (5) of section 102 (dad), “to perform such other functions and duties related to intelligence affecting the national security
(Page 2) as the National Security Council may from time to time direct," was intended to be a basis for giving the Agency a charter in the field of clandestine intelligence and counterintelligence. 5. In 1947, Secretary of Defense Forrestal asked the Director of Central Intelligence if CIA would be able to conduct covert cold-war activities, such as black propaganda, commando- type raids, sabotage, and support of guerrilla warfare. Our position at the time was that if the National Security Council developed a policy that this country would engage in such covert activities and assigned their conduct to CIA we would have to go to the Congress for the funds to carry out such activities. The National Security Council did develop a Directive (NSC 10/2) setting forth a program of covert cold-war activities and assigned it to the Office of Policy Coordination under the Director of Central Intelligence with policy guidance from the Department of State. The Congress was asked for and did appropriate funds to support this program, although, of course, only a small number of congress-~- men in the Appropriations Committee knew the amount and purpose of the appropriation. The Office of Policy Coordination was subsequently combined with the clandestine intelligence activities in the Office of the Deputy Director (Plans), and the cold-war charter was assigned to CIA in coordination with the Departments of State and Defense by NSC Directive 542. 6. Some of the covert cold-war operations are related to Intelligence within a broad interpretation of section 102(d)(5). It would be stretching that section too far to include a Guatemala or a Cuba even though intelligence and counterintelligence are essential to seek activities. In those operations, therefore, the Executive Branch under the direction of the President was acting without specific statuatory authorization, and CIA was the agent selected for their conduct. It would, of course, be preferable to have that section read, to perform such other functions and duties related to the national security as the National Security Council may from time to time direct, instead of having it restricted to intelligence affecting the national security, but it is questionable whether such a change should be sought at this time. Congress has continued to appropriate funds for the conduct of these activities, but again only a small number of congressmen in our appropriations Subcom- mittees knew the nature and amount of these appropriations, and only another small group of the congressmen on our parent Sub- committees in the Armed Services Committees and other selected Congressmen have known offically the nature of the activities.