Special Operations

Passing the paramilitary torch from the CIA to Special Operations Command

U.S. Special Operations Command regularly demonstrates its ability to conduct “operational preparation of the environment” activities to support counterterrorism and unconventional warfare that seemingly only differ from paramilitary activities in the authorities under which they are executed. Whereas paramilitary activities is conducted under Title 50 of U.S. Code (USC), Operational Preparation of the Environment and other military activities are executed under Title 10 USC. More practically speaking, the CIA conducts paramilitary activities with the intention to effect some sort of fundamental change against a foreign target without the U.S. government’s role ever being clearly evident, while the Defense Department conducts Operational Preparation of the Environment ostensibly in support of traditional military activities that might reasonably demonstrate a U.S. government role at some point. However, the Defense Department now arguably characterizes activities that could easily be described as paramilitary activities as Operational Preparation of the Environment “where the slightest nexus of a theoretical, distant military operation might one day exist.” Consolidation of the covert paramilitary responsibility with existing Operational Preparation of the Environment requirements would not create so much of an additional burden on U.S. Special Operations Command as it would reduce duplication of capability at both the CIA and Defense Department.