Article

Covert Action: United States Law in Substance, Process, and Practice

James E. Baker

in The Oxford Handbook of National Security Intelligence

Published in print March 2010 | ISBN: 9780195375886
Published online September 2010 | | DOI: http://dx.doi.org/10.1093/oxfordhb/9780195375886.003.0036

Series: Oxford Handbooks

Covert Action: United States Law in Substance, Process, and Practice

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This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.

Keywords: covert action; U.S. law; U.S. legal regime; limitations; congressional notification; national security law

Article.  9391 words. 

Subjects: Politics ; International Relations

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