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UR ANLD MS FOR: 
Civactor of Cactral Istallixaace 
TUESLO 4: 
Lagal Basis for Cald- Var Activities 
lt. 
This merocrandam ‘3 for infarmation. 
2. 
1 disenssea with Nicholas dsb. Xstasnbach, .ss 
Attorney Genaral, Cilica of Legal Coonsel, Departmeat of 
ts¢ points raised by Fenator Engene J. MeCartss 
£ 
ridicol or coastitetioaal rigs? “of CIA t3 cazry 
© ont covert activi- 
culas lise af 
political thanght on a foreign coentzy. 
Tne Prasidant, with 
r 
re 
loos =m 
es directed towards the imposition cra part 
Y 
M ft fue W 4) 
his responsibility for the coasect cific 
Coamander in Thief of the armed Forces, 
tohareat inthe Presidency, has acthority te 
ectious as ha deems appropyicts to proses? t 
tional interest 
which are act barred by the Consiitation or other valid law of 
the sanc,. 
rf 
v 
ao t) 
1S) § a sy 2 
yt 
a C iE 
g ir 
3. 
Thero are no geaszal pronibitiona in hw on cold-wer 
activities cf a cover? natmss, although tha?o ara laws timing such 
sacific ucts as mownting military 
expaditioes within this cozrtry 
asainst a forelun soveraian. 
lt would appear, therafors, tha 
coled-war activitias not involving am act o2 war and not within 
ach leral Umitations world ba withta the exacative preroaaiive 
4. 
There in so specific statntory acthorizatica to any 
stacy for tha conduc? of such activities. 
“Security 
4ct was anacted in 1947, tha con3 
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which establiched tha Central Intelliivence Agesacy, 
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tyitigs ane assign Lneals cosidest to CIA +3 werd’ haveto so 
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; 
roztam cf covert cold-wie astivities a 
434 assigaad 
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oe 
fice cf Policy Coordiastica ander the iirector of Central 
win polizy amidanca irom is Gepurtmaat of State.— 
a5 was aaked for acd did approprizia inads to support 
m=, althoush, 
of coerss, 
ocly a amall evar cl coagrsas- 
ne Aporcpriations Comsmitieys xn2~ the aracunt and purpoves 
£24 the clandestina intallisence actlvitisa / 
ha 
Dapwsy Dirsster (Pliss}, 
and@ the cold-war 
. 
charter «a2 assisnsd to CLA is coordinsitim with the Deparimeats 
of ~tate and Lefanse by NSC Cirextive 522. 
kh activities. 
ing thoas cparaticas, therefore, the Exacutivan 
ae the directiea of tha Presidzat was acting witkos 
| 
saecific statu3sory authorization, and CIA +vas the azant salacted 
for thelr conduct. 
32 would, of courss, be praisrablea te haves that 
section yead, 
to perfozm such cthar feactions acd cotias reisted 
to the natlanal security as tha Natlonal Security Counell mey from 
time to tima direst,” instead of having it resirieted to 
istalligescs 
the natiosai Astarity, | but it 25 Quzsticnatwe whather sach 
aflzci. ag 
4 chasge ahenld be sovght at this time. 
Congress has continued 
to 
aszrcarlata funds for the conduct of thase activities, buz again only 
2272) oumrber of congresamoen in cor appropriations Sebcarm- 
ctittes3 Kaew the niturs and amoust of thess approsr risticas, and 
ASther anal zroup of the congr229mea oa Cur parent Snb- 
couniittees i 
in tre Armed Derry feanp © ormmittzes and othar ‘Saleticd 
CSco.rssamen have known officially the natura of tha activitiz=s. 
a
(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 of 
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.