Angus King Grills CIA Nominee Joshua Simmons on Legal and Political Issues

Confusion Over Government Departments

• 💡 Senator King questioned nominee Joshua Simmons about referring to the "Department of War" instead of the "Department of Defense," highlighting that executive orders do not supersede statutes.
• 🎯 Simmons, a UVA law grad, cited an executive order, but King emphasized that statutory changes require legislative action.

Allegations of Political Tests at the CIA

• ❓ King inquired about rumors that applicants for CIA positions are asked to affirm that Donald Trump won the 2020 election.
• 🗣️ Simmons stated he is not aware of this question being asked and agreed with Director Radcliffe that intelligence must be apolitical.
• 🚫 He denied awareness of this becoming a litmus test within the CIA.

First Amendment Rights and Deportation Decisions

• ⚖️ Senator King raised concerns about Secretary Rubio revoking the status of lawful permanent residents based on their First Amendment-protected political speech.
• 🚫 Simmons stated he is not in a position to discuss the specifics, citing ongoing litigation.
• ❓ King pressed Simmons on whether he provided advice to Secretary Rubio on this matter, which Simmons could not recall specifically.

CIA Operations within the United States

• 🇺🇸 King questioned the legality of the CIA engaging in activities within the continental United States.
• 🗺️ Simmons noted that the definition of covert action in Section 503 refers to activities abroad.
• 🚫 King interpreted this to mean it is not legal for the CIA to operate domestically, while Simmons acknowledged significant limitations on the CIA's powers within the US.

Legal Basis for Military Actions

• 🏛️ King expressed concern that Congress has not been provided with the Office of Legal Counsel opinion justifying certain strikes in the Caribbean.
• ⚖️ He questioned the legality of the President designating an organization as terrorist and taking lethal action, acting as prosecutor, judge, jury, and executioner.
• 📜 Simmons deferred, stating he had not reviewed all classified information, but noted Article II of the Constitution designates the President as commander-in-chief, while Article I grants Congress the power to declare war.