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A Bit Of A Problem

A great catch from The Sailor at Vidiot Speak via skippy: The National Security Act of 1947 states that only one of the three top officials at the Central Intelligence Agency may be either an active duty or retired military officer.

The current number two at the agency is Vice Admiral Albert M. Calland, III, an active duty Naval officer.

The applicable portion of the act is incorporated as Title 50, Section 403 of the United States Code.

Oh, Steve Gilliard has a piece on the Hayden connection to Wade of MZM, one of the people connected to the “Duke” Cunningham scandal, and Cruella de Harris’s campaign contribution problem.

The CIA’s number one, Goss, left Friday. Number three, Dusty Foggo, left today. If he wants Hayden, the Shrubbery has to fire number two, Admiral Calland.


1 Karen { 05.08.06 at 5:23 pm }

Yeah…but that is the problem with the ole Unitary Exec hisself …when did he ever let such crass, sissy legalism get in the way of his appointments?

George, George…
George of the Bungle
Lives a life that’s free…

When he mis-steps
Then away he’ll schlep.
While Frist and Hastert
2006 will prep.

..Well….George, George
George of the Bungle,
No Friend to you and me.

Watch out for that appointee!

2 Karen { 05.08.06 at 5:24 pm }

Oopp maximum typos from the Queen of Typos herself.

That’s supposed to read:“… when did he ever…”


3 Steve Bates { 05.08.06 at 5:44 pm }

If he wants Hayden, the Shrubbery has to fire number two, Admiral Calland. – Bryan

Or Bush may simply cross his fingers behind his back and mumble quietly that this is one of the laws he gets to ignore.

It seems to me that there is an intrinsic tension between being active duty military (hence under the command of the president) and being in the CIA leadership (an independent position, one hopes). I suppose that’s why the law is constructed that way. But what do I know; I’m one of those old-fashioned types who actually think that one part of the government should check and balance another.

(Karen, I didn’t know you did parody. More, please!)

4 Bryan { 05.08.06 at 6:00 pm }

At small sites we can repair typos, but I can’t see them because I read words, not letters.

I don’t know if anyone at the top is even aware that the appointment is illegal.

As my Mother said when I mentioned it, Truman suspected some generals of empire building and was staunchly opposed to giving too much power to the military. He believed in civilian control of the military, as MacArthur found out.

There is a very different need and purpose between what the military produces and what the CIA does. The military focus is on the near term and military matters, while the CIA looks further out and takes a wider view. The military focuses on technology, while the CIA relies on people.

The National Security Council used to be clearing house and focal point where everything came together, but the Shrubbery didn’t appoint professionals, and they didn’t produce a decent product.

What a mess.

5 Michael { 05.08.06 at 7:56 pm }

I’m pretty sure I remember seeing/hearing something to suggest that the Shrubbery does, indeed, want to axe the No. 2 guy. Not that the great and powerful Decider of the Unitary Executive is likely to let a mere law get in his way of getting what he wants, of course.

6 Bryan { 05.08.06 at 9:03 pm }

The guy is a Navy SEAL, so I don’t think they should get too pushy.

I heard that Negroponte is trying to get some of those who quit to return, but I can’t see that happening. They may have to contract the work out to MZM or Custer-Battles.

7 Lab Kat { 05.08.06 at 9:48 pm }

Um… Shrub is ignoring the Constitution. Think he’s going to pay attention to a little ol’ law from 1947?

8 Bryan { 05.08.06 at 10:01 pm }

Well, I don’t think he cares, but Congress does and this is an election year. Laws are a bit different than the Constitution.

For instance, most people don’t know that you can’t declassify a NOC, like Valery Plame, the way you can declassify most things. The status of a Non-Official Cover is classified by law and not subject to the normal declassification process, even by the President.

9 John Chalus { 06.03.06 at 7:34 pm }

I am a former Navy SEAL (1970-1973) SEAL Team ONE. I did one combat deployment in Viet Nam. My son was a SEAL fro 10 years until he was medically discharged. Admiral Calland is a perfect choice for deputy director of the CIA. Nobody in Special Operations is more qualified to do the job. The CIA has always had a paramilitary capability. Many of their field operatives were transfered from Special Operations Commands while still in the military. Many are ex military. The CIA works side by side with the military in its global effort to combat international Islamic terrorism. Bert Calland has been called the most innovative, intelligent and effective SEALs in the history of the Teams. why shouldn’t he have the position. The US Military is not going to take over the civilian government of the USA. They are sworn to protect this couontry and its Constitution. They will stand by that oath.

10 Bryan { 06.03.06 at 11:18 pm }

John, no one here has questioned the Admiral’s qualifications, but, by law, he can’t serve as number two, when General Hayden becomes number one.

It is the law, not opinion, that makes that determination.

I’m ex-USAF and NSA from 1966-74. I have questioned anyone’s commitment except Hayden’s, because I know what the rules are on intercepts, and he violated them.