LETTER TO CAROLINE KRASS- FOLLOW UP QFRS FROM CONFIRMATION HEARING

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 06874924
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 9
• Document Creation Date: September 12, 2023
• Document Release Date: July 31, 2023
• Case Number: F-2014-01062
• Publication Date: January 6, 2014

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SSCI# 2014-0339 - Letter to Caroline Krass - Follow-up QFRs from confirmation hearing
Monday, January 06, 2014 6:08:58 PM
SSCI# 2014-0339 - Letter to Caroline Krass Follow-up OFRs from confirmation hearino.pdf
ttached is a letter to Ms. Caroline Krass from Chairman Feinstein and Vice Chairman
Chambliss dated January 6, 2014, transmitting Questions for the Record arising from her
confirmation hearing.
Please confirm receipt of this message.
Sincerely,
Director of Security
U.S. Senate Select Committee on Intelligence
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Ms. Caroline Diane ICrass
cio Central Intelligence Agency
Washington, DC 20505
Dear Ms. &ass:
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'WASHIN0teM.I=2
January 6 2014
Please find enclosed the Questions For the Retard to follow up on your
confirmation hearing. We ask that your responses be submitted to the Committee
as soon as possible.
Please contact the conirnittee Staff Director. Mr. David Grannis, at
'th any questions
Dianne Feinstein
Chaim=
Enclosure
Sincerely,
Saxby C
Vice Cha
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QUESTIONS FOR THE RECORD
CAROLINE D. KRASS
Covert Action v. Traditional Military Activities
In an interview conducted shortly after the raid that killed Osama bin Laden,
then-CIA Director Leon Panetta acknowledged that the operation was a CIA
"covert operation," yet it was carried out by DOD personnel using DOD
helicopters and other equipment and, because it was acknowledged, it was not
"coven " By contrast, until recently, DOD's use of unmanned aerial vehicles to
conduct targeted strikes outside of the "hot" battlefields of Afghanistan and Iraq
was a secret.
When asked about the difference between "covert actions" conducted by
CIA and clandestine military activities conducted by DOD m the preheanng
questions provided by this Committee you wrote, "the President selects which
element is best suited for the particular mission based on his assessment of how
best to further the national interest? Historically speaking, however, Congress
sought to impose a higher standard of oversight on "covert action," at least in part,
because of the unique foreign policy implications of unacknowledged paramilitary
operations.
� Has the distinction between covert action and clandestine military
activities become a legal technicality left entire)), to the discretion of the
President?
What Ores of pomading,"); operations, if any, would be lawful only V
carried out as a "covert action"pursuant to a Presidential folding?
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Covert Action and the UN Charter and Geneva Conventions
In your answers to the Committee's pre-hearing questions about the UN
Charter and the Geneva Conventions, you wrote, "As a general matter, and
including with respect to the use offorce, the United States respects international
law and complies with it to the extent possible in the execution of covert action
activities"
You also wrote that the UN. Charter and the Geneva Conventions are NOT
therefore N, .
executing treaties, and they are NOT legally Dinging upon
carried out by the U.S, government, including covert actions.
� If as you wrote in your answers to the Committee's pre-hearing ques
the US respects International law and complies with it to the extent
possible in the execution of covert action acdvides, how does the U.S
decide when to abide by international law and when it does not apply?
dons,
� Should there be, antis there, special consideration when debating and
approving a coven action, if that action would violate non-sett-executing
treaties or customary international law?
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QUESTIONS, 0 ENATOR WIDEN
)On March 18, 2011, the Justice Department released a redacted version of a
May 6, 2004, Office of Legal Counsel (GEC) opinion written by Assistant
Attorney General Jack Goldsmith in response to a Freedom of Information Act
action. As described in the public listing on the Justice Department's online
FOIA reading room, this opinion was a "Memorandum Regarding Review f
the Legality of the [President's Surveillance] Program." �
� Did any of the redacted portions of the May 2004 OLC ()Pinion addr
telephony metadata collection?
bu
If so, did the OLC rely at that time on a statutory basisi3ther than the
Foreign Intelligence Surveillance Act for the authority to conduct bulk
telephony metadata collection? If so, please describe this statutory basis.
Has th
C taken any action to withdraw this opinion?
In light of cent declassification of information regarding various
domestic surveillance programs, do you agree that the redactions of the
2004 opinion should be reviewed, and that an updated version should he
publicly released?
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:44VESTIONSTR. NATORIMALL
Other than AV:Mgh.E:S1034,4WOrti.'okAnrexisting authorities�legal, policy,
or other authorities�that allow the President to use "all necessary and
!altjtOriate,f0toe,.**ost lheSe.;eatinnt organizations, erpersona"Hateterntted
to plan:.Eanthoriae,,:!araittnit.:!Or aide terrorist attacks egdiaetithelMitediStetee
2) Are you aware of any existing authorities�legal, ittalien or other authorities�
that allow the President to use "all attl:!...a"pp--"to-p"rt-'ate:tac6'a-aiast
.gtooPa.ne;hitdttlenalatha"thattettt been'-designatedH.. "associated forces," tea,"::eg
affiliates orthoslalto adli'.l.ere.:::?M the beliefs Of enYteerTheittfetgartiaieatth;t:
'pose a:::.!sigaificant,thr: tat:tot:LS,
3 Who determines whether such "nations, organizations or persons"
designated "associated forces"? Into which nations may the President or other
authority send military forces to use 'all necessary and appropriate force"
against "those nations organizations or persons" determined to plan authorize,
commit or aid terrorist attacks against the United States?
4) What is the process for identifying "associated forces"? Is this process in
writing? What is the notification and approval process prior to action being
taken against those "nations, organizations, or persons"?
5) Are operations against these forces dependent upon notification esident
before they are conducted under AMU or any other authorities?
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against your advice, would you inform
6) Article Il of the US. Constitution states that President shall "shall take Care
that the Laws be faithfully executed." Article VI of the US. Constitution,
known as the "Supremacy Clause," states that "this Constitution, and the Laws
of the United States which shall be made in pursuance thereof; and all treaties
made, or which shall be made, under the authority of the United States, shall be
the supreme law of the land."
� If you learned of a covert action that, in your opinion, violated the
Convention Against Torture or the Geneva Conventions, but did not
necessarily violate a particular statute such as the Anti-Torture Act or the
War Crimes Act, would you advise the Director of Central Intelligence that
the action was unlawful?
e Director of Central Intelligence decided to proceed with such an action
committee?
7) How do you see the role of the General Counsel's office, if any
whether information has been properly classified?
8) In 2007, after the passage of the 2006 Military Commissions Act and the 2005
Detainee Treatment Act and the Supreme Court's decision in Hamdan
Rumsfaid, the Office of Legal Counsel concluded that a number of "enhanced
interrogation" techniques remained lawful. The harshest of these was "sleep
deprivation," carded out by shackling naked, diapered detainees to the ceiling
for up to 96 consecutive hours. As you noted dining your testimony in 2009,
President Obama forbade the CIA filbm using these techniques, or any
interrogation technique outlined in the Army Field Manual�but that
prohibition is an Executive Order, which a future President could rescind. If
President Obama's Executive Orders on CIA interrogation and detention were
overturned, what binding legal authorities would prevent the CIA from
engaging in the techniques authorized by the 2007 OLC memos?
dete
mmg
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QUEST NS FROM NATOR HEINRICH
at is your legal opinion n the participation of CIA officers in the
rogations of detainees in liaison custody in which harsh or extreme
interrogation techniques are used? In your opinion, is it legal for CIA officers
to continue their participation in these mterrogations when they witness, know.
or otherwise suspect that a detainee has been tortured by a liaison service?
ti In such a circumstance is there any requirement legal or policy that the
CIA officer involved report these activities either to the CIA Office of
Inspector General, or to anybody?
2). How de You see the foie of the General Counsel's office, if any, in
whether information has been be properly classi lied?
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QUESTION FROM SENATOR L VIN
At your confirmation hearing you stated that, if confirmed, you would ensure
that the Committee had access to information "as appropriate." Please *d fy
any types of documents that you believe is appropriate for the lettingen�
Community to withhold from the committee.
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