Comment

Maj. Nidal Hasan Guilty of 45 Counts of Murder

174
lawhawk8/23/2013 1:33:01 pm PDT

Wait a second. They’re now complaining that some of the provisions weren’t updated in 30 years. I’m guessing that they’re again referring to the Reagan-era Executive Order 12333, which hasn’t been superseded, even though the needs of the intelligence community have changed since it was promulgated.

A regular and periodic review of the intel law is a good idea, but claiming that it’s 30 years old and therefore out of date or irrelevant ignores that the underlying legal protections are still enforceable. The EO 12333 prohibits certain kinds of intel ops on US citizens. The Constitution still requires warrants and subpoenas, and the FISC still has to weigh in on granting warrants for certain kinds of searches.

Oh, and the letter that the Board sent to AG Holder and DNI Clapper? It’s referring to EO 12333 as authority. They’re writing that the guidelines (section 2.3) have not been comprehensively updated since promulgation and that changes in technology would dictate a review.