US-Mexican Intelligence Cooperation Against Cartels: An Interesting Section in the Draft Intel Authorization Act
Published by The Lawfare Institute
in Cooperation With
SEC. 403. INTELLIGENCE SHARING WITH MEXICO AND CANADA.
(a) AUTHORIZATION.—The Director of National Intelligence may—
(1) if the Director determines that the sharing of intelligence information with Mexico and Canada for purposes of reducing drug trafficking would not threaten national security, allow the sharing of such intelligence information with Mexico and Canada; and
(2) make use of intelligence information from Mexico and Canada for such purposes
(b) TYPE OF INFORMATION.—Information shared or used under subsection (a) may include the movements of drug cartels and other criminal behavior.
This strikes me as odd, and so I'll ask for a bit of assistance from readers to help me understand what is at stake here. To be clear, I have no problem at all with the notion of sharing intelligence with Mexico and Canada in these situations (or many others for that matter). But why is legislation necessary toward that end? The exchange of intelligence with foreign liaison services or other foreign government entities is commonplace, and there is no reason why this would be different in the context of counternarcotics. Is the idea with section 403 that the DNI in particular needs a statutory foundation to engage in such activity (in contrast to, say, the Director of the CIA)? I suppose it is possible that there has been cartel-relevant intelligence generated by one component of the Intelligence Community that would prefer not to share that intelligence with Mexican or Canadian authorities (perhaps out of concern relating to sources & methods), that the DNI has wanted to override that decision and direct sharing of the information, and that the DNI has been met with legal objections to the effect that he lacks such authority. Or perhaps this is just a superfluous bit of legislation, granting authority that already exists in the course of signalling that Congress is supportive of counter-cartel intelligence cooperation. Your thoughts?