The Ford Administration, the National Security Agency, and the “Year of Intelligence”: Constructing a New Legal Framework for Intelligence

Abstract

Abstract:In the mid-1970s, Congress and the judiciary moved to regulate the National Security Agency (NSA) at a moment when such regulation might have restricted the growth of electronic surveillance. The Ford administration played a crucial role in preventing that from happening. It did so by controlling the flow of intelligence information to Congress and by establishing a flexible new legal framework for intelligence based on broad executive orders, narrow legislation, and legal opinions written by executive branch lawyers. This framework fostered a perception of legality that headed off calls for comprehensive legislation governing intelligence. The Ford administration’s actions protected NSA from meaningful regulation, preserved the growth of electronic surveillance, and sustained executive branch preeminence in national security affairs. The episode proved formative for the Ford administration officials involved—including Dick Cheney, Donald Rumsfeld, and Antonin Scalia—and solidified the central role of executive branch lawyers in national security policymaking.