CII’s programs increase the public's understanding of intelligence challenges and risks faced by people working for the CIA and other intelligence agencies.   

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CII and its network provide CIA and other intelligence officers counseling, access to lawyers as needed, and other assistance when legal concerns arise in connection with service to the Nation.    

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 CII welcomes financial and other donations including legal, analytic, operational, or other support. CII is a 501(c)(3) nonprofit corporation, and  contributions are tax deductible.  

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This site contains articles, reviews, and other information on many of the core intelligence issues, with a particular focus on risks and challenges in intelligence collection, analysis, and covert action. Information about intelligence challenges and the relationship of intelligence to policy and operations will provide readers a broader understanding of CIA, the intelligence community, and the people who serve.



Director of National Intelligence releases the 2019 National Intelligence Strategy

How 9/11 Revealed the Importance of the President's Daily Brief

Top 10 CIA Myths (From CIA's website)

Former CIA expert discusses what makes a good disguise for spies (From the AFIO Newsletter and Wired, October 2018)

Podcasts
Readers may be interested in expert opinions related to national security that are not limited to intelligence issues and topics, but that touch upon such matters on occasion. Topics address foreign policy or legal matters, for example, and that information may be found at:

• Intelligence Matters presents radio interviews of top intelligence community leaders by former CIA deputy Michael Morell on a variety of intelligence and other national security topics (sponsored by CBS News).
  
  
• The American Bar Association's Standing Committee on Law and National Security of the hosts National Security Law Today podcasts, ABA's NSL Today, on a wide variey of national security legal topics including rule of law, surveillance challenges, and more.

Expert insights presented in selected articles, guidance, and other material can help current and former intelligence officers identify and deal with complex legal and other challenges arising out of their employment. 

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Balancing Government and Employee Interests in Disputes?

Selected highlights from January 30 panel of experts who shared insights about handling disputes involving classified information.  The event was sponsored by the Bar Association of the District of Columbia at the law firm of Reed Smith LLP and was moderated by the Council on Intelligence Issues:

• In disputes involving classified information, it's important to manage expectations early so that conflicts in litigation can be minimized.
• Counsel outside government often don’t know the rules for getting access to and protecting information, which often leads to confusion, misunderstandings, and frustration.
• There’s a need for more training or other education about the rules.
• Rules for civil and criminal cases differ and parties to the litigation are not always sure what they are and why.
• Sometimes outcomes can be or seem unfair because the rules are what they are.
• It can be important to avoid alienating employees and creating toxic situation with potential CI or security risks.
• Government officials don't like to see opposing counsel go to the press or Congress to make their cases, but opposing counsel sometimes think that's the only way to get the Government's attention to help the client.
• Often the most important element in dealing with and minimizing conflicts: the individuals involved and how well they handle situations.
• Generally the government attorneys and opposing counsel involved in IC-employee litigation may disagree but are operating in good faith. 

For information about this event and its partipants, see Event Archive

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The American Bar Association recently updated its compilation of intelligence and national security legal documents.  For more information, see "The U.S. Intelligence Community Law Sourcebook 2019 Edition: A Compendium of National Security Related Laws and Policy Documents"

Justice Department Regulations for Representation of Government Officials by Department of Justice or Private Counsel 

Regulations that govern acceptance of process and production of CIA records (CIA Regulations)

For in-depth legal analysis of "How National Security Can Trump Individual Rights" (Read Here)

Read selected letters, opinion pieces, or articles by the Council on Intelligence Issues or current and former intelligence officers, as well as other announcements and items of interest relating to intelligence and national security.

Protecting Defectors is a Moral Obligation

Following recent media allegations, a former official points out that there is a "moral" obligation to help protect foreign spies who have risked their lives to help the CIA.   View this YouTube video of Rachel Maddow's interview with Joe Augustyn, former head of CIA's defector resettlement center, on how CIA takes steps to protect defectors and others whose assitance put them at risk:

  https://www.youtube.com/watch?v=aQ5_T8ej2h4&feature=youtu.be

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Whistleblowers in the Intelligence Community:

Basic Information You Should Know

by 

Anthony J. Cipparone

     Whistleblower is a term used to identify those public service employees and contractor employees who lawfully report fraud, waste, abuse, and mismanagement to those in a position to investigate and review such activity. Whistleblowers in the US Intelligence Community (IC) are those employees and contractor-employees who work in any of the 17 federal executive agencies that constitute the IC. Intelligence Community Whistleblowers play an important role in ensuring that intelligence programs and operations are accountable and conducted in accordance with federal law and regulations. 

     For important national security purposes, the most sensitive Intelligence Community programs and operations are often conducted in secret and, as a result, without the public oversight that occurs in most non-IC federal departments and agencies. The role of the Whistleblower may, therefore, be critically important to ensuring the integrity of important national security activities. The Whistleblower, however, like all federal employees and contractors in the IC, has a legal obligation to safeguard and protect classified information from unauthorized disclosure. That means the IC Whistleblower must ensure that s/he follow the proper security process and procedures within their respective agency when reporting any suspect activity.

Following are seven points that would-be Whistleblowers working in the Intelligence Community need to know:

1.  Can a Whistleblower’s identity be protected?

Yes.  Those charged with the investigation and review of Whistleblower complaints take great steps to ensure the confidentiality of a Whistleblower’s identity in accordance with the law and established regulations. However, there are rare instances when corroboration of the alleged complaint may only be achieved through the Whistleblower. Whistleblowers who are concerned about protecting their identity should make this known when they file their complaint.

2.  To whom may the Whistleblower report their allegation of corruption?

Whistleblowers may report complaints of fraud, waste, abuse and mismanagement to their agencies’ Inspector General, the Intelligence Community Inspector General, their agencies’ General Counsel, as well as their government management.

If confidentiality is important, however, would-be Whistleblowers should realize that certain components are better equipped to maintain their confidentiality. Offices of Inspector General can provide the most protections of confidentiality under the law. Government managers, however, may find it more difficult to do so particularly if the agency decides to take action(s) based upon the complaint.

3.  What happens to the Whistleblower’s complaint after it has been reported?

The complaint, which is an allegation of wrongdoing, must now be thoroughly investigated and reviewed by authorized officials to determine whether it has any basis in fact. This process may be lengthy depending upon the nature and scope of the allegation. Offices of Inspector General usually have a staff of professionally trained investigators who handle these matters.

4.  Can you be fired or face reprisal for being a Whistleblower?

No. Whistleblowers are protected from reprisal by federal regulations through a Presidential Policy Directive known as PPD-19, as well as an Intelligence Community Directive, ICD 120. Whistleblower protections for military personnel are separately outlined in a Department of Defense Directive, DoDD 2050.06.

5.  What should you do if you believe you were fired or reprised against for being a Whistleblower?

An employee or contractor who believes they were fired or reprised against because they reported a Whistleblower complaint should immediately contact the entity where they initially reported their allegation to report their concern.

6.  Does the IC Whistleblower have any obligations when reporting allegations of wrongdoing?

Like all employees and contractors of the IC, the Whistleblower is obligated under federal law and regulations to protect classified information from unauthorized disclosure. The Whistleblower should follow his or her specific agency’s process and procedures for reporting allegations of corruption. An Agency’s Office of Inspector General is often a good source of information and guidance in these matters.

7.  Should a Whistleblower hire an attorney to represent him or her?

It is not necessary for a Whistleblower complainant to hire an attorney when reporting their allegation. Anyone considering hiring an attorney, however, must follow their agency guidance since the attorney must be cleared before classified information may be shared and/or discussed.

Conclusion

Whistleblowers have played an important role in the conduct of oversight and accountability in the federal government and the Intelligence Community. Blowing the whistle, in a lawful manner, may result in improving the effectiveness and efficiency of important government operations.

The Intelligence Community Inspector General (ICIG) public website contains a wealth of information about Whistleblowers, and their role and responsibilities. 

Anthony Cipparone is a retired CIA Senior Intelligence Service Officer. He served as the Deputy and Acting Assistant Inspector General for Investigations

Council on Intelligence Issues Note:  Readers should be aware that the Council, or CII, provides information about legal services and attorneys in the CII legal network to assist IC officers, including whistleblowers, who may be interested in seeking legal counsel.  For information, refer to Legal Resources and Contact Us on this website.

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Open Letter To the American People About the Importance of Protecting IC Whistleblower

Whistleblower Complaint Dispute: Legal Analysis

Read two separate pieces with the analysis of Robert Litt, former General Counsel for the Office of the Director of National Intelligence, about the dispute between the ODNI and the House intelligence committee over access to a whistleblower complaint on a matter of "urgent interest." 

https://www.lawfareblog.com/what-latest-reports-say-about-whistleblower-complaint


http://www.lawfareblog.com/unpacking-intelligence-community-whistleblower-complaint

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CII Panel Attracts Broad Interest

Former intelligence officers, government and private sector officials, lawyers, academics, and members of the press attended the CII's expert panel on "Intelligence Operations in a Digital Age" held June 24. 

Panelists agreed that cyber has fundamentally changed how we think about intelligence and how we conduct intelligence operations.  As one panelists noted, “Cyber changes everything. Everywhere today, everything is out there, and there are lots of opportunities for getting it.” 

The panel was part of CII’s efforts to educate the public about the practical, policy, and legal factors that influence the planning and conduct of clandestine intelligence operations.  Participants addressed how technological advances can affect operations in an increasingly transparent world, and the challenges and risks that confront intelligence officers, their agents, and others who assist them to support U.S. national security objectives. 

Moderated by former CIA head of the national clandestine service Michael Sulick, the panel included former government officers with extensive public and private sector experience --

• NSA Director of Information Assurance Daniel Ennis,
• DNI General Counsel Robert Litt,
• CIA Deputy and Acting General Counsel John Rizzo,
• DHS Undersecretary Suzanne Spaulding, and
• CIA Information Operations Center chief Kevin Zerrusen. 

Participants addressed how technological advances can affect operations in an increasingly transparent world, and the challenges and risks that confront intelligence officers, their agents, and others who assist them to support U.S. national security objectives. 

For more about the panelists and the event,   READ PANEL HIGHLIGHTS

Also Quandaries: Deep Fakes and Cyber Conflict (The Duelfer Blog, July 12, 2019 posting provides an attendee's perspective on issues raised during the June 24 panel) (See http://www.charlesduelfer.com/blog/)


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Remembering Mike Spann

(excerpts from https://www.wsj.com, 25 May 2019)

". . . . .Johnny “Mike” Spann, a CIA officer who deployed to Afghanistan early in the war was killed on November 25, 2001 . . . . . when Taliban prisoners rioted. He was 32 years old.

"Spann was the first American killed in combat in Afghanistan. Before joining the CIA, Spann was a Marine, leaving with the rank of captain. He is buried in Arlington National Cemetery alongside other American men and women who have served their nation in war. He is further honored with a black star on the CIA’s Memorial Wall at its Virginia headquarters, along with 132 other fallen agency colleagues.

"So this weekend, as we enjoy our barbecues and kick off the summer, let us not forget how extraordinarily blessed we are to have men and women such as Mike Spann, who willingly placed themselves in harm’s way to preserve our freedom—and paid the ultimate price."  Appeared in the May 25, 2019, print edition. ©2019 https://www.wsj.com. All Rights Reserved.

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WORLDWIDE THREAT ASSESSMENT

OF THE

INTELLIGENCE COMMUNITY

The Director of National Intelligence testified before the Senate Intelligence Committee on the Intelligence Community's World Wide Threat Assessment.  (See DNI Statement on WWT, January 29, 2019)

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CII Board of Directors  

We are updating our CII website and recently expanded theBoard of Directors as part of the exciting steps being taken to become a vibrant and effective voice to support CIA and other intelligence officers for their good faith service to the Nation.  The new Board consists of John Gannon (Chairman), George Jameson (President), Bill Murray (Vice President), Chuck Campbell, Mary Corrado, Dawn Eilenberger, John Nelson, and Alan Wade.  Darlene Connelly is stepping down from her position as CII's Corporate  Secretary, to be succeeded by Francie Schilling effective June 1.  (See more about CII's mission, vision, and directors and officers.)

CII on Federal News Radio

Listen to Federal News Radio's interview with CII's co-founders about CII (broadcast September 7, 2018, here's how FNR characterized CII: "Occasionally intelligence practitioners find themselves caught in legal trouble not totally of their own making. That’s the idea behind a new legal referral service called Council on Intelligence Issues.").

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CIA Matters


Gina Haspel outlined CIA priorities in her first major speech (click for link to full text).

CIA's then-chief information officer and now the deputy chief operating officer stresses the need for a data-savvy CIA workforce (December 4, 2018). 

Announcements, reports, directives, regulations, decisions, and other actions of the executive branch that affect or relate to intelligence employees, intelligence issues, or have national security implications. 

President issues Memorandum on Cooperation With Attorney General's Review of Intelligence Activities Relating to the 2016 Presidential Campaigns (23 May 2019)

Intelligence agencies brief 2020 campaigns on cybersecurity, espionage issues, See CNN Kevin Collier (22 May 2019)

DNI Coats issues Security Executive Agent Directive 7 mandating security clearance reciprocity (9 November 2018)

The National Insider Threat Task Force (NITTF) released the Insider Threat Program Maturity Framework (November 1, 2018)

Joint Statement from the ODNI, DoJ, FBI, and DHS  on Combatting Foreign Influence in U.S. Elections  (October 19, 2018)

See DNI Coats' Statement on the National Strategy for Counterterrorism (October 4, 2018)

Congressional actions, legislation proposed or enacted, and other actions of the legislative branch that affect or relate to intelligence employees, intelligence issues, or have other national security implications.  


Senate Intelligence Committee recently issued Volume 2 of its report on Russian interference in the 2016 U.S. elections (Russian Use of Social Media). 

See also Volume I (Russian Efforts  Against Election Infrastructure)

SSCI reports intelligence authorization bills to the Senate for fiscal years 2018, 2019, 2020  (May 22, 2019).  See S. 1589

SSCI Vice Chairman Mark Warner introduces legislation to improve security clearance processing (December 6, 2018)

See (July 11, 2018) SSCI Report to Accompany FY '18 & '19 Intelligence Authorization Act 

See also (July 12, 2018) House passes intelligence authorizations for FY'18 and '19

See (July 3, 2018) SSCI's Initial Findings Regarding IC's Assessment of Russian Interference into 2016 Election

Court decisions and other developments in court cases and investigations that relate to intelligence employees, intelligence issues, or that otherwise are of national security interest. 

DIA counterterrorism analyst charged with leaking classified Top Secret documents to journalists. See https://federalnewsnetwork.com/workforce/2019/10/us-official-charged-with-leaking-secrets-to-journalists-2/

Former DIA official sentenced to 10 years in federal prison for attempted espionage. See   https://www.justice.gov/opa/pr/former-intelligence-officer-convicted-attempted-espionage-sentenced-10-years-federal-prison


U.S. reveals previously sealed Grand Jury Indictment of Julian Assange under the Espionage Act for conspiring to steal government secrets. (See 11 April 2019, USA Today)

 

Former Air Force Intelligence Agent charged with Spying for Iran (NYTimes, February 14, 2019)

Ex-CIA contractor gets 90 days for unauthorized retention of classified material (From AP News)

Former CIA employee pleads not guilty to leaks charges (From AP News) 

Citizens group wants prosecutions over rendition program 

Selected items not covered in CII's executive, court, or congressional  alerts. These may include information concerning foreign governments or international organizations, state or local  governments, and the private sector.



CIA Director Gina Haspel's Auburn University speech (April 18, 2019)

Security Clearance Reform Overdue Overhaul, April 15, 2019 by Sina Beaghley

"Former CIA Officer Writings About Intelligence, Policy, and Politics, 2016-17"
 

Statement by Former CIA officials, tribute to George H.W. Bush 

CIA Remembers

George H.W. Bush

Statement by Director of the CIA Gina C. Haspel

Secrecy in U.S. National Security: Why a Paradigm Shift is Needed.  (This RAND publication summarizes an examination of the current security classification system, identifies what works and what doesn't, and provides the authors' recommendations for improvement.) 

New 9/11 Memorial at CIA Headquarters. Read Here

Former national security officials express concerns about the revocation of former CIA director John Brennan's security clearance. [Read Here]

Former DDCI writes "Why so many former intelligence officers are speaking out."

The Council on Intelligence Issues (CII) is a 501(c)(3) non-profit organization established in 2010 to educate intelligence personnel and the public about important intelligence and other national security interests.  CII helps current and former officers, employees, and families of the CIA and other intelligence community agencies who may need legal counseling or other assistance in connection with their intelligence service.

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