Gang of Eight (intelligence)

For the group of US Senators who wrote a comprehensive immigration reform bill in 2013, see Gang of Eight (immigration).

For all other uses, see Gang of Eight (disambiguation).

The Gang of Eight is a colloquial term for a set of eight leaders within the United States Congress who are briefed on classified intelligence matters by the executive branch. Specifically, the Gang of Eight includes the leaders of each of the two parties from both the Senate and House of Representatives, and the chairs and ranking minority members of both the Senate Committee and House Committee for intelligence as set forth by 50 U.S.C. § 3093(c)(2).

Under normal conditions, the President of the United States is required by Title 50 U.S.C. § 3091(a)(1) to "ensure that the congressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by [the] title." However, under "extraordinary circumstances", when the President thinks "it is essential to limit access" to information about a covert action, 50 U.S.C. § 3093(c)(2) allows the President to limit reporting to the Gang of Eight.

The individuals are sworn to secrecy and there is no vote process.

Background

The term "Gang of Eight" gained wide currency in the coverage of the Bush administration's NSA warrantless surveillance controversy, in the context that no members of Congress other than the Gang of Eight were informed of the program, and they were forbidden to disseminate knowledge of the program to other members of Congress. The Bush administration has asserted that the briefings delivered to the Gang of Eight sufficed to provide Congressional oversight of the program and preserve the checks and balances between the executive and legislative branches.

U.S. government

Warrantless electronic surveillance

The non-partisan Congressional Research Service released a legal analysis on January 18, 2006, noted that, "If the NSA surveillance program were to considered an intelligence collection program, limiting congressional notification of the NSA program to the Gang of Eight, which some Members who were briefed about the program contend, would appear to be inconsistent with the law, which requires that the “congressional intelligence committees be kept fully and currently informed of all intelligence activities,” other than those involving covert actions."

However, as former Assistant Attorney General for National Security at DOJ, David S. Kris, noted in his paper, On the Bulk collection of tangible things, "As it turns out, however, Rep. Nadler was in fact aware of the bulk metadata collection in 2009, and (as discussed in the text) wrote to the Department of Justice about the collection at the time. In response, DOJ sent him a letter in December 2009 noting that the government was making available to all Members of Congress information about the bulk collection and compliance issues that had arisen." The Executive Branch, again made available to all members of Congress, as it did in 2009, a memorandum explaining Section 215, in 2011.

Kris also notes, "Under FISA, the Intelligence Committees, and in some cases the Judiciary Committees - but not the rest of Congress - are to be kept 'fully informed' of most intelligence activities, including significant interpretations of FISA"

Kris further highlights, "In 2004 and 2008, Congress directly addressed the issue of 'secret law' by amending FISA to provide specifically for briefings, and submission of documents, on all significant interpretations of FISA. Again, however, Congress provided that the briefings and documents would be provided only to the Intelligence and Judiciary Committees, not the rest of Congress..."

Senator Feinstein stressed in July 2013, "I know of no federal program for which audits, Congressional oversight and scrutiny by the Justice Department, the Intelligence Community and the Courts are stronger or more sustained."

Former Attorney General Alberto Gonzales repeatedly made references to the "Gang of Eight" when being questioned about the warrantless surveillance/domestic spying while testifying at the Justice Department Oversight hearing held July 24, 2007.

Members

Under the "gang of eight" system, the executive branch of the United States discloses highly sensitive intelligence information to the following positions within the US congress:

• United States House Permanent Select Committee on Intelligence:
  • Devin Nunes (R, CA-22), Chair
  • Adam Schiff (D, CA-28), Ranking member
• United States Senate Select Committee on Intelligence:
  • Richard Burr (R, NC), Chair
  • Mark Warner (D, VA), Vice Chair
• Leadership in the United States House of Representatives:
  • Paul Ryan (R, WI-1), Speaker of the House
  • Nancy Pelosi (D, CA-12), Minority leader
• Leadership in the United States Senate:
  • Mitch McConnell (R, KY), Majority leader
  • Chuck Schumer (D, NY), Minority leader

Popular culture

The West Wing

The Gang of Eight appeared in the season three finale of the political drama The West Wing, "Posse Comitatus". President Bartlet was staging an assassination of a foreign leader who was discovered to be behind several terrorist attacks, including a failed attack on the Golden Gate Bridge. The Gang of Eight on The West Wing consisted of the Majority and Minority Leaders from both the House and the Senate as well as the Chairman and Ranking Members of the House and Senate Intelligence Committees.

Madam Secretary

Dr. Henry McCord, head of the CIA's Special Activities Division, is seen briefing the Gang of Eight numerous times in the Fourth Season. The group includes Senator Carlos Morejon, a primary antagonist in the show.

Other movies and television shows

• Commander in Chief

See also

• United States Senate Majority Leader
• United States Senate Minority Leader
• Speaker of the United States House of Representatives
• Minority Leader of the United States House of Representatives
• U.S. Senate Select Committee on Intelligence
• U.S. House Permanent Select Committee on Intelligence

External links

• Scalable Context Timeline: Bush Administration Broke Law in Failing to Properly Inform Congress of Domestic Surveillance Program, History Commons
• 50 U.S.C. § 3091
• 50 U.S.C. § 3093