Hayden's CIA nomination may have violated the law

[cal04]

I didn't post this earlier because I wanted to confirm it more, but Sailor over at Vidiot Speak blog noted that there seems to be a law on the books that says either the Director of Central Intelligence or his deputy can be active or retired military, but not both. Since, as the blogger notes, the deputy director of the CIA is military, the director can not be (and GENERAL Hayden most certainly is).

While I was trying to confirm all of this, and from what I found the law does seem pretty clear, Sailor emailed me a new AP story that notes that the deputy director is now being moved out of his job. What AP doesn't say, or doesn't realize, is that blogger Sailor might have found the reason the guy was being moved out of the number 2 slot at CIA - Hayden's appointment might have otherwise been illegal.

Any legal minds curious to see if this is the case? If so, it's just another example of how sloppy George Bush is with his appointments to some of the most important positions in the land.

http://americablog.blogspot.com/

I think Bush might have missed something:
OFFICE OF THE DIRECTOR OF CENTRAL INTELLIGENCE
http://vidiotspeak.blogspot.com/2006/05/in-all-hullabaloo-about-general-hayden.html

[boston bean]

1. kick for discussion...nt

[Toots]

2. can be active or retired military, but not both.

certainly not very good English if the "both" is about people and not profession.

[Frustratedlady]

3. One must keep in mind, that....

George does what he wants. Just because it's a law won't matter. Gonzalez probably interpreted it differently than it was meant and they are good to go.

[Karmakaze]

4. Actually I read a post an DU yesterday...

which, if my memory serves quoted some official or other saying that exact thing...

[originalpckelly]

5. IMPORTANT: Here is the law; 50 U.S.C. 403(c)

"c) Military status of Director and Deputy Directors
(1)
(A) Not more than one of the individuals serving in the positions specified in subparagraph (B) may be a commissioned officer of the Armed Forces, whether in active or retired status.
(B) The positions referred to in subparagraph (A) are the following:
(i) The Director of Central Intelligence.
(ii) The Deputy Director of Central Intelligence.
(iii) The Deputy Director of Central Intelligence for Community Management.
(2) It is the sense of Congress that, under ordinary circumstances, it is desirable that one of the individuals serving in the positions specified in paragraph (1)(B)—
(A) be a commissioned officer of the Armed Forces, whether in active or retired status; or
(B) have, by training or experience, an appreciation of military intelligence activities and requirements.
(3) A commissioned officer of the Armed Forces, while serving in a position specified in paragraph (1)(B)—
(A) shall not be subject to supervision or control by the Secretary of Defense or by any officer or employee of the Department of Defense;
(B) shall not exercise, by reason of the officer’s status as a commissioned officer, any supervision or control with respect to any of the military or civilian personnel of the Department of Defense except as otherwise authorized by law; and
(C) shall not be counted against the numbers and percentages of commissioned officers of the rank and grade of such officer authorized for the military department of that officer."

Here is the link:
http://www.law.cornell.edu/uscode/html/uscode50/usc_sec_50_00000403----000-.html

[Lochloosa]

13. Thanks originalpckelly!

[originalpckelly]

17. Your welcome (n/t)

[originalpckelly]

6. Kick

[OPERATIONMINDCRIME]

7. Holy Shit K & R For Some Confirmation And Clarity!

[originalpckelly]

8. This might be the straw that breaks the camels back:

1. Republicans who supported Bush on the NSA issue have already started coming out against Hayden.
2. It looks like a national security threat if he is appointed because he could ruin the CIA and allow another 9/11 to occur.
3. Democrats are also opposed to him, so any rebels on the Republican side will have enough support to stop Hayden.
4. This is a clear cut violation of the law, which does not rest upon any of the President's powers as commander-in-chief.
5. The President already has low approval ratings.

I think The Decider just decided to screw himself over.

[KittyWampus]

9. Right, and the two candidates on a Presidential Ticket can't be from the

same state. :puke:

Hayden will just quit and POOF! he's not military.

[originalpckelly]

10. Let me clarify:

It doesn't matter if he quits, you still can't have been in the military. It says so in that law I quoted before.

[originalpckelly]

11. Of course he has reserved the ability to "set aside" 750 other laws...

so what the hell good is this one?
:shrug:

[Lochloosa]

12. And, now....who will forward this info to their Senator?

I'll be the first.

[lovuian]

14. Theres many people to choose and they choose hayden who

violates the law... just another law Bush Breaks them regularly!!!

[cal04]

15. ABC news Recognizing concerns about military leadership of the CIA

UPDATE: Hello fellow denizens of blogtopia, it appears now that ABC, the network that is easier than 1,2,3 is reporting that
Recognizing concerns about military leadership of the CIA

Recognizing concerns about military leadership of the CIA, a civilian agency, the White House plans to move aside the agency's No. 2 official, Vice Admiral Albert Calland III, who took over as deputy director less than a year ago. Other personnel changes also are likely, a senior administration official said, speaking on condition of anonymity because the changes are not ready to announce.
http://abcnews.go.com/Politics/wireStory?id=1935539

Hey, it's not just the law, it's just a good idea ... according to the WH.

The whole reason the CIA was established as a civilian agency was because folks were fearful of the military spying domestically and taking control of the government. We had just come thru WW2 and knew what could happen if a despot claimed homeland security trumped all laws and did away with civilian oversight.

There's a reason for separation of powers and checks and balances.

http://vidiotspeak.blogspot.com/2006/05/in-all-hullabaloo-about-general-hayden.html

[troubleinwinter]

16. I don't see this as 'illegal' prior to Hayden's confirmation.

The law says they may not both 'serve'. As long as the deputy is out before Hayden serves, it doesn't appear illegal.

[BrklynLiberal]

18. kick for more discussion.

[EVDebs]

19. Confirmation hearing will bring up NSAs pre9-11 'policy shift'.....

Khan Job: Bush Spiked Probe of Pakistan’s Dr. Strangelove, BBC reported in 2001
Monday, February 9, 2004
www.gregpalast.com/detail.cfm?artid=312&row=0

""A top-level CIA operative who spoke with us on condition of strictest anonymity said that, after Bush took office, "There was a major policy shift" at the National Security Agency. Investigators were ordered to "back off " from any inquiries into Saudi Arabian financing of terror networks, especially if they touched on Saudi royals and their retainers. That put the Bin Ladens, a family worth a reported $12 billion and a virtual arm of the Saudi royal household, off limits for investigation. Osama was the exception; he remained a wanted man, but agents could not look too closely at how he filled his piggy bank. The key rule of any investigation, "follow the money," was now violated, and investigations-at least before September 11-began to die.""

A major policy shift prior to 9-11 at NSA, is most telling. It also explains why at least partially why the purge at CIA is going on and why General Hayden may be our next CIA DCI.

They appear to want to continue the purges at both CIA and NSA, and then on to the general public !

[OPERATIONMINDCRIME]

20. Kick. Anything New On This Front?