This report offers a brief summary of the assassination ban contained in Executive Order (E.O.) 12333, Section 2.11. E.O. 12333 is the latest in a series of three executive orders which included assassination bans. The first, Executive Order 11905, Sec. 5(g),1 41 Fed. Reg. 7703, 7733 (President Gerald Ford, 2/19/76), was part of an executive order issued by President Ford in response to concerns raised in the 1970's with respect to alleged abuses by the U.S. intelligence community.
This report provides a legislative history of the legislation, S.J.Res. 23 , the “Authorization for Use of Military Force” (AUMF), which, as Congress stated in its text, constitutes the legislative authorization for the use of U.S. military force contemplated by the War Powers Resolution. It also is the statute which the President and his attorneys have subsequently cited as an authority for him to engage in electronic surveillance against possible terrorists without obtaining authorization of the special Court created by the Foreign Intelligence Surveillance Act (FISA) of 1978, as amended.
The President’s veto is effective not only in preventing the passage of legislation undesirable to the President, but also as a threat, sometimes forcing Congress to modify legislation before it is presented to the President. However, as a veto threat is carried out, Congress is faced with choices: letting the veto stand, the difficult task of overriding the veto, meeting the President’s objections and sending a new bill forward, or resubmitting the same provisions under a new bill number.