Sci said:Transcript from DS9: "Inquisition":
BASHIR: And Starfleet sanctions what you're doing?
SLOAN: We don't submit reports or ask for approval for specific operations, if that's what you mean. We're an autonomous department.
BASHIR: Authorised by whom?
SLOAN: Section thirty one was part of the original Starfleet charter.
BASHIR: But that was two hundred years ago. Are you telling me you've been working on your own ever since? Without specific orders? Accountable to nobody but yourselves?
SLOAN: You make it sound so ominous.
BASHIR: Isn't it? Because if what you say to me is true, you function as judge, jury and executioner, and I think that's too much power for anyone.
Transcript from "Extreme Measures:"
(Bashir starts going through a pile of PADDs.)
SLOAN: You sure you want to throw that one away?
BASHIR: I'm collecting medical information, not surveillance reports.
SLOAN: It's not just any report. That's on Jaresh-Inyo.
BASHIR: Former President Inyo?
SLOAN: The one and only.
BASHIR: My God. Thirty-One had a man in his cabinet.
Those quotes make it clear that it is part of the Government. "Autonomous Department" authorized by the Federation Charter is not an outside organization.
1) Sloan claims it is authorized by the "original Starfleet Charter," not the Federation Charter. If you're going to cite legalese, please get the legalese correct. Confusing the Starfleet Charter for the Federation Charter is like confusing the Naval Act with the United States Constitution.
2) Citing the "original" Starfleet Charter is not the same thing as citing the current Starfleet Charter.
3) Once again, ENT's "Divergence" makes it clear that the part of the United Earth Starfleet Charter that Sloan is referring to does not authorize the existence of an agency with clarte blanche to do whatever it wants. It does not even authorize the existence of any particular division of Starfleet whatsoever. All it provides for is a certain level of leeway in times of crisis -- that's it.
4) The United Earth Starfleet Charter can no more legally authorize the existence of the Federation Starfleet than the February 1776 Act of the Massachusetts Great and General Court that authorized the creation of the Massachusetts Naval Militia could be said to have authorized the existence of the United States Navy.
5) There is no such thing as an autonomous department of a military branch in a democracy. All agencies of the democratic state must by definition be answerable to the democratically elected government. If they are not, they are not legitimate governmental agencies. No agency can be above the law. Carte blanche is legally impossible in a democracy.
That is as silly as saying the KKK is an "autonomous department" of the US Govt.
Considering that Section 31's alleged claim to be authorized by the UESF Charter is legally null, I would indeed argue that Section 31 is to the Federation as the Ku Klux Klan is to the United States government -- especially back in the days when the KKK leadership often consisted of local governmental elites who engaged in illicit conspiracies to continue to oppress black people.