REPORT OF THE PRESIDENT'S SPECIAL REVIEW BOARD

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP89T01032R000100080022-8
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 23, 2016
• Document Release Date: May 24, 2012
• Sequence Number: 22
• Publication Date: February 26, 1987
• Content Type: REPORT

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satisfactory than the position of any of the indi-
vidual departments, it has frequently become
something to be manipulated to reach a specif-
ic outcome. The leak becomes a primary instru-
ment in that process.
This practice is destructive of orderly gov-
ernance. It can only be reversed if the most
senior officials take the lead. If senior decision-
makers set a clear example and demand com-
pliance, subordinates are more likely to con-
form.
Most recent administrations have had careful-
ly drawn procedures for the consideration of
covert activities. The Reagan Administration
established such procedures in January, 1985,
then promptly ignored them in their consider-
ation of the Iran initiative.
We recommend that each administration
formulate precise procedures for restricted
consideration of covert action and that, once
formulated, those procedures be strictly ad-
hered to.
5. The Role of the CIA. Some aspects of the
Iran arms sales raised broader questions in the
minds of members of the Board regarding the
role of CIA. The first deals with intelligence.
The NSC staff was actively involved in the
preparation of the May 20, 1985, update to the
Special National Intelligence Estimate on Iran.
It is a matter for concern if this involvement
and the strong views of NSC staff members
were allowed to influence the intelligence judg-
ments contained in the update. It is also of
concern that the update contained the hint that
the United States should change its existing
policy and encourage its allies to provide arms
to Ira~`It is critical that the line between intel-
ligence and advocacy of a particular policy be
preserved if intelligence is to retain its integrity
and perform its proper function. In this in-
stance, the CIA came close enough to the line
to warrant concern.
i1~- We emphasize to both the intelligence com-
munity and policymakers the importance of
maintaining the integrity and objectivity of
the intelligence process.
6. Legal Counsel. From time to time issues
with important legal ramifications will come
before the National Security Council. The At=
torney General is currently a member of the
Council by invitation and should be in a posi-
tion to provide legal advice to the Council and
the President. It is important that the Attorney
General and his department be available to
interagency deliberations.
The Justice Department, however, should not
replace the role of counsel in the other depart-
ments. As the principal counsel on foreign af-
fairs, the Legal Adviser to the Secretary of
State should also be available to all the NSC
participants.
Of all the NSC participants, it is the Assistant
for National Security Affairs who seems to have
had the least access to expert counsel familiar
with his activities.
The Board recommends that the position
of Legal Adviser to the NSC be enhanced in
stature and in its role within the NSC staff.
7. Secrecy and Congress. There is a natural ten-
sion between the desire for secrecy and the
need to consult Congress on covert operations.
Presidents seem to become increasingly con-
cerned about leaks of classified information as
their administrations progress. They blame
Congress disproportionately. Various cabinet
officials from prior administrations indicated to
the Board that they believe Congress bears no
more blame than the Executive Branch.
However, the number of Members and staff
involved in reviewing covert activities is large;
it provides cause for concern and a convenient
excuse for Presidents to avoid Congressional
consultation.
We recommend that Congress consider re-
placing the existing Intelligence Committees
of the respective Houses with a new joint
committee with a restricted staff to oversee
the intelligence community, patterned after
the Joint Committee on Atomic Energy that
existed until the mid-1970x.
8. Privatizing National Security Polity. Careful
and limited use of people outside the U.S. Gov-
ernment may be very helpful in some unique
cases. But this practice raises substantial ques-
tions. It can create conflict of interest prob-
lems. Private or foreign sources may have dif-
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