Their legitimacy still dervies from the Federation Charter.
No, it does not.
Sloan in "Inquisition" said that Section 31 was "part of the original Starfleet Charter." We hear Article 14, Section 31 of the United Earth Starfleet Charter in ENT's "Divergence:" All it says is that regulations may be bent in times of crisis. Nothing about that establishes the existence of a permanent organization that is above the law in all circumstances.
Naming themselves after Article 14, Section 31 of a defunct charter is nothing more than a pathetic attempt to give legal cover for a plainly illegal organization. It would never hold up in court.
In ZSG they're involved with the operation into Breen space that Bacco assigns to SI.
Yes, and the people who engaged in the Iran-Contra Conspiracy were part of the U.S. National Security Council. That doesn't mean that Iran-Contra was not a violation of federal law, or that the people who engaged in that were not engaging in a criminal conspiracy.
We have no evidence that they're not official.
They had an agent in President Jaresh-Inyo's cabinet -- they were literally infiltrating the civilian government. And
then, they assassinated the next President of the United Federation of Planets. I don't know how much
less official you can get.
Keeping the details away from the president gives her plausable deniability.
Uh, no, preventing the President from knowing about them means that they're not working for the government. That's not "need to know" -- the head of state
always has a right and need to know what the agencies of the state are doing. It's inherent to the position. If an agency is concealing its activities from the head of state, then its agents are committing a crime; if an agency is concealing its very EXISTENCE from the head of state, then that is not an agency of the state, period. Agencies of the state answer to the state, not to themselves.
It twists one sentence in the Federation Charter as an excuse for its existence but it was never formally, legally established.
How much of the US government is based upon the fragment of a sentence "promote the general Welfare" from the US Constitution?
Not that much. Most of it is based on the Commerce Clause, not the General Welfare clause. And besides, those are all subject to judicial review, which Section 31 is not.
Was what Bashir did in ZSG murder? The guards may have been armed but the technicians weren't. He had to keep them from preventing the completion of his mission. Is it murder to kill unarmed civilians as opposed to armed military?
They also set off a bomb in the transport tunnel. They took precations to minimize casualties but it's still possible that some civilians were injured or killed, people who had nothing to do with the theft of the slipstream data. Are they valid targets?
Like I said, Section 31 lets the Federation keep clean hands.
Except that that was a Starfleet Intelligence operation, not a Section 31 operation. Section 31 only got involved insofar as they got Sarina assigned as Bashir's partner in order to manipulate him into joining them at a later date. Sarina just happened to be one of Section 31's agents within Starfleet Intelligence -- the actual operation to destroy the Breen shipyards remained an S.I. op, not 31.
Nobody claimed that. It's a conspiracy operating illegally within Starfleet and the UFP government. Naturally those officers and officials who are part of, or coopted by, the conspiracy have access to Federation resources. Just as real-world politicians or police officers in the service of organized crime have access to state resources. The access to resources does not negate the illegality of the cabal.
In ZSG they're involved with the operation into Breen space that Bacco assigns to SI. You'd think that somebody would notice if SI wasn't doing the job they'd been assigned to.
It's not an either-or question. All the members of the conspiracy naturally have other, legitimate jobs within the UFP or Starfleet. That's what the conspiracy needs to function: members who hold positions of power. Surely you've read spy stories where characters nominally working for one agency were actually moles or double agents for some other organization. In this case, Sarina was nominally, officially working for Starfleet Intelligence, but her true allegiance was with Section 31.
Exactly!
Saying, "Well, Sarina was on that mission in ZSG, so Section 31 must be legal" is the equivalent of saying, "Well, the mole in
Tinker, Tailor, Soldier, Spy was working for MI-6, so it must not have been illegal to leak data to the Soviet Union."