As our understanding of The Fourth Branch expands, it is important to pause and reflect upon a specific ‘check and balance‘ within the system before finishing with the final two chapters.
The modern system to ‘check’ the executive branch was the creation of the legislative “Gang of Eight,” a legislative oversight mechanism intended to provide a bridge of oversight between the authority of the intelligence community within the executive branch.
The Go8 construct was designed to allow the President authority to carry out intelligence operations and provide the most sensitive notifications to a select group within Congress.
The Go8 oversight is directed to the position, not the person, and consists of: (1) The Speaker of the House; (2) The Minority Leader of the House; (3) The Chair of the House Permanent Select Committee on Intelligence, HPSCI; (4) The Ranking Member (minority) of the HPSCI; (5) The Leader of the Senate; (6) The Minority Leader of the Senate; (7) The Chair of the Senate Select Committee on Intelligence, SSCI; and finally (8) the Vice-Chair of the SSCI.
Example: When the Chief Executive (the President) initiates an intelligence operation on behalf of the United States, the President triggers a “finding memo.” In essence the instruction to the intel agency or agencies to authorize a covert operation. When that process takes place, the Go8 are the first people notified. Depending on the sensitivity of the operation, sometimes the G08 are notified immediately after the operation is conducted. The notification can be a phone call or an in-person briefing.
Because of the sensitivity of their intelligence information, the Gang of Eight hold security clearances that permit them to receive and review all intelligence operations. The intelligence community are also responsible for briefing the Go8 with the same information they use to brief the President.