The Continuing Quandary of Covert Operations

In May 2011, shortly after a special operations team of Navy SEALs killed al Qaeda leader Osama bin Laden, there was a fresh surge of enthusiasm for covert operations. That is unfortunate because, behind the scenes, secret warfare is actually in crisis. We need to re-examine the suitability and constitutionality of covert operations and, among other
things, devise a sound constitutional framework for conducting them.

Conducting Shadow Wars

When al Qaeda launched the 9/11 attacks, it also thrust the United States on a decade-long (and counting) search for the best way to combat the unconventional threat posed by terrorism. That search evolved into a competition of sorts between the military’s Special Operations Forces (SOF) and the paramilitary operatives of the Central Intelligence Agency (CIA) for the prestige and resources that went with leading the fight against terrorism.

Covert War and the Constitution

The question of whether the President has the constitutional power to authorize covert paramilitary actions or shadow wars against other nations or entities first surfaced at the beginnings of the American republic and continues to vex policymakers today.