Congress. We don't need no stinking Congress

Rumsfeld has discarded the Constitution "hide-bound way of thinking" and "risk-averse mentalities" of previous Pentagon officials...
WaPo

The Pentagon, expanding into the CIA's historic bailiwick, has created a new espionage arm and is reinterpreting U.S. law to give Defense Secretary Donald H. Rumsfeld broad authority over clandestine operations abroad, according to interviews with participants and documents obtained by The Washington Post.

The previously undisclosed organization, called the Strategic Support Branch, arose from Rumsfeld's written order to end his "near total dependence on CIA" for what is known as human intelligence. Designed to operate without detection and under the defense secretary's direct control, the Strategic Support Branch deploys small teams of case officers, linguists, interrogators and technical specialists alongside newly empowered special operations forces.

The defense secretary has a large responsibility to collect foreign intelligence, Lt. Gen. William G. Boykin said. (Spec. Shawn Morris -- Fort Dix Public Affairs Office)

Military and civilian participants said in interviews that the new unit has been operating in secret for two years -- in Iraq, Afghanistan and other places they declined to name. According to an early planning memorandum to Rumsfeld from Gen. Richard B. Myers, chairman of the Joint Chiefs of Staff, the focus of the intelligence initiative is on "emerging target countries such as Somalia, Yemen, Indonesia, Philippines and Georgia." Myers and his staff declined to be interviewed.

The Strategic Support Branch was created to provide Rumsfeld with independent tools for the "full spectrum of humint operations," according to an internal account of its origin and mission. Human intelligence operations, a term used in counterpoint to technical means such as satellite photography, range from interrogation of prisoners and scouting of targets in wartime to the peacetime recruitment of foreign spies. A recent Pentagon memo states that recruited agents may include "notorious figures" whose links to the U.S. government would be embarrassing if disclosed.

[snip]

The Pentagon has a vast bureaucracy devoted to gathering and analyzing intelligence, often in concert with the CIA, and news reports over more than a year have described Rumsfeld's drive for more and better human intelligence. But the creation of the espionage branch, the scope of its clandestine operations and the breadth of Rumsfeld's asserted legal authority have not been detailed publicly before. Two longtime members of the House Intelligence Committee, a Democrat and a Republican, said they knew no details before being interviewed for this article.

[snip]

Under Title 10, for example, the Defense Department must report to Congress all "deployment orders," or formal instructions from the Joint Chiefs of Staff to position U.S. forces for combat. But guidelines issued this month by Undersecretary for Intelligence Stephen A. Cambone state that special operations forces may "conduct clandestine HUMINT operations . . . before publication" of a deployment order, rendering notification unnecessary. Pentagon lawyers also define the "war on terror" as ongoing, indefinite and global in scope. That analysis effectively discards the limitation of the defense secretary's war powers to times and places of imminent combat.

Under Title 50, all departments of the executive branch are obliged to keep Congress "fully and currently informed of all intelligence activities." The law exempts "traditional . . . military activities" and their "routine support." Advisers said Rumsfeld, after requesting a fresh legal review by the Pentagon's general counsel, interprets "traditional" and "routine" more expansively than his predecessors.

"Operations the CIA runs have one set of restrictions and oversight, and the military has another," said a Republican member of Congress with a substantial role in national security oversight, declining to speak publicly against political allies. "It sounds like there's an angle here of, 'Let's get around having any oversight by having the military do something that normally the [CIA] does, and not tell anybody.' That immediately raises all kinds of red flags for me. Why aren't they telling us?"