FREE THE PRESIDENCY TO FIGHT TERROR

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90-00552R000201670003-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 1
• Document Creation Date: December 22, 2016
• Document Release Date: July 19, 2010
• Sequence Number: 3
• Publication Date: December 19, 1985
• Content Type: OPEN SOURCE

Sanitized Copy Approved for Release 2010/07/19: CIA-RDP90-00552R000201670003-4
ARTICLE APPEARED
ON PAGE.
WALL STREET JOURNAL
19 December 1985
STAT
Free the Presidency to Fight Terror wen S. and
By Roam S. Ga~vHSAC?e extradition treaty between the U
Presidents often resist notifying Con- Britain currently is bogged down in the
A hijacked U.S. airliner sits on an air- gress of pending operations. For example, Senate Foreign Relations Committee. Such
port runway in the Middle East. The ter- Sen. Durenberger's request for advance in. treaties shield political protesters from ex-
rorists who have commandeered it formation about possible U.S. responses to tradition, but the administration proposes
threaten to begin killing American passen- the Achille Lauro hijacking was ignored by to eliminate certain violent crimes typi-
gers unless their demands are met.., the White House. But administration offi- cally committed by terrorists from the list
White House spares to send intelli ence cials worry that if the disclosure issue isn't of political offenses that are exempt from
operatives the scene to gather in orma- resolved, they face intense congressional extradition.
tion and ae , ready to i,yatc a special critielam if nn nnPratinn anac nurrv _ _ _ ______ - ____...,
But the administration's first move
should be to Capitol Hill, contends Sen. Da-
vid Durenberger, chairman of the Senate
Intelligence Committee. Under the War
Powers Resolution, he argues, the presi-
dent must notify Congress-the law doesn't
specify who in Congress-if there is a like.
lihood that U.S. forces will be involved in
hostilities; later, he will have to provide a
report on the operation. And even if com-
bat forces aren't needed e n e ence
Ov t Act rea res that certal mem-
4erS of Congress told In vane about
the intelligence-gathering activities.
Seamier Side of We
Sen. Durenberger acknowledges that
this isn't any way to run a counterter-
rorism program. Still, the Minnesota Re-
publican says he "can't conceive of a situ-
ation" in which Congress couldn't-and
shouldn't-be consulted.
However, if the U.S. is to get into the
counterterrorism business in a serious
way, it's time to alter this thinking. Nei-
ther current law nor the penchant for con-
gressional micromanagement is compati-
ble with a program that often requires
swift action, secrecy and occasional in-
volvement with the seamier side of life.
Nobody disputes the need for legislative
oversight, but sometimes Congress must
be left in the dark about certain details.
But Congress resents being uninformed.
As a result, as the Reagan administration
moves closer toward acting on its tough
anti-terrorism rhetoric, tensions between
the White House and Capitol Hill will
mount on several fronts.
Presidents across the
litical
spec-
trum. from imm Carter to
n
Rea-
gan, have challenged the le
i
of the
Vietnam-era War Powers Resolution, and
asserted that t resident needn't notitv
Congress of every covert o ra own- ttcWariy if ar he believes that suc i notifica-
tion might Jeopardize lives. Moreover.
most experts argue at -att the resolution was
meant to deal with large-scale hostilities,
not surgical anti-terrorist strikes.
"There are so many rules that the exec-
utive branch has to jump through that un-
less we come to some agreement, there
will always be problems," says Victoria
Toensing. a deputy assistant attorney gen-
eral in the Justice Department's criminal
division and former chief counsel of the
Senate Intelligence panel. "Congress has
got to make it clear that the rules don't ap-
ply to [fighting) terrorism," so that it
won't send the mistaken signal that the
U.S. lacks resolve, she adds.
Some members of Congress, conceding people guilty of aircraft hijacking and sab-
that the constitutional case isn't strong, otage, crimes against diplomats, hostage-
say that consultations with Capitol Hill taking, murder and kidnapping would no
would help the president gauge likely pub- longer receive protection from extradition.
lic reaction to his moves. The White House contends such exceptions
But this is a specious argument. There to extradition have no place in treaties
is no debate over international terrorism with stable democracies where free politi-
as there was, say, over Vietnam. There is cal expression of grievances is permitted,
a clear national consensus that this prob- and it says it will propose the changes only
lem must be dealt with. If anything, the in treaties with such nations.
administration has lagged behind the pub- - The administration is pressing the issue
lic outcry for decisive action, as Ameri- because in four recent cases, American
cans continue to be intimidated, injured courts, citing the current extradition
and murdered when they travel abroad. treaty, have refused British extradition re-
What is at stake for Congress, then, is quests for members of the Provisional
congressional prerogative, rather than a Irish Republican Army who committed vi-
clear-cut constitutional issue. "The execu- olent crimes and fled to the U.S. Congres-
tive branch needs to appreciate that mem- sional opponents charge that the proposed
bers don't like to be surprised, and don't changes would trample on the civil liber-
like to look foolish. They like to have in- ties of political dissidents. They say they
put " says a congressional intelligence prefer to make such changes through legis-
committee aide . lation that would apply to all treaties. al-
Terrorism experts assert that such a though Congress has twice rejected such
thorough sharing with Congress would in- efforts. But another reason for congres-
hibit effective operations. Decision makers sional resistance is the power of the Irish-
attribute a lot of significance to whether American lobby, which has launched a
their actions will require War Powers dis- campaign against the treaty changes.
closure, and sometimes design actions to "The notion that this raises civil liber-
avoid such reporting. On several occasions ties issues is perverse," contends Abraham
in recent years, U.S. aircraft on sensitive Sofaer, the State Department's legal ad-
missions in the Middle East and Central viser. "The ultimate civil liberty is to use
America have been deployed unarmed in the political process rather than to resort
order to avoid War Powers reporting re- to violence."
quired of a "force equipped for combat." The Ultimate Irony
Moreover, as Secretary of State George This domestic political squabble raises
Shultz has noted, "fighting terrorism will problems similar to the debate over con-
not be a clean or pleasant contest, but we gressional oversight of counterterrorism
have no choice but to play it." Sometimes operations. Mr. Sofaer worries that both
this involves extortion, bribery and other create the perception abroad that the U.S.
assorted dirty tricks as well as contacts still isn't ready to relentlessly pursue the
with unsavory individuals to obtain infor- war against international terrorism. Some
mation. For example, says Neil Living- nations "question our ability to deliver,"
stone, an ex rt on anti-terrorism efforts, he says, adding that the ultimate irony
Western intelligence operatives, acs ng as would be if a Mideast terrorist who com-
illicit-arms dealers, have sold terrorist mitted murder in the name of a political
u s defective explosives, which, in one cause were to flee to the U.S. and be pro-
case, detonated in an automobile, killing tected by current legal precedent.
several terrorists. To be sure, the U.S. must preserve the
delicate checks and balances that protect
To many counterterrorism experts, no- citizens by preventing one branch of gov-
tifying Congress, where leaks are ram- ernment from dominating another. But
pant, is tantamount to public disclosure. Congress can exercise proper oversight
And disclosure, they fear, may provide op- without becoming involved in the battle
erational information that aids terrorist management of the war against terrorism.
groups, or that causes political embarrass- This would require trust that is itself not
ment to cooperative nations, making them without risks. But there are greater
less likely to work closely with the U.S. in threats to our freedom if we allow a small
the future. band of outlaws to force us to cower behind
Meanwhile, the same institutional the cement barricades we have already be-
strains between Congress and the execu- gun to erect in our capital.
Live branch are at work elsewhere ham-
pering counterterrorism policy. A revised
Mr. Greenberger covers foreign affairs
from the Journal's Washington bureau.
Sanitized Copy Approved for Release 2010/07/19: CIA-RDP90-00552R000201670003-4