Sponsored Content




Intermarkets' Privacy Policy
Support


Donate to Ace of Spades HQ!



Recent Entries
Absent Friends
Bandersnatch 2024
GnuBreed 2024
Captain Hate 2023
moon_over_vermont 2023
westminsterdogshow 2023
Ann Wilson(Empire1) 2022
Dave In Texas 2022
Jesse in D.C. 2022
OregonMuse 2022
redc1c4 2021
Tami 2021
Chavez the Hugo 2020
Ibguy 2020
Rickl 2019
Joffen 2014
AoSHQ Writers Group
A site for members of the Horde to post their stories seeking beta readers, editing help, brainstorming, and story ideas. Also to share links to potential publishing outlets, writing help sites, and videos posting tips to get published. Contact OrangeEnt for info:
maildrop62 at proton dot me
Cutting The Cord And Email Security
Moron Meet-Ups

NoVaMoMe 2024: 06/08/2024
Arlington, VA
Details to follow


Texas MoMe 2024: 10/18/2024-10/19/2024 Corsicana,TX
Contact Ben Had for info





















« Howie Kurtz Whines The Proles Aren’t Listening To The Media Anymore | Main | Michael Steele: Up or Down, Baby! »
August 24, 2009

Six Reasons Not to Prosecute CIA Interrogators
UPDATE: Panetta Threatens to Quit
Another UPDATE

This is a follow-up to my post last night about the Obama DOJ's suggestion that the President start criminal investigations and prosecutions of CIA officers and contractors who participated in detainee interrogations (and possible detainee abuse). The former general counsel for the CIA writes in today's WaPo that this is a bad idea:

-- Second, the CIA provided the inspector general's report to the Justice Department in 2004. Justice has not prosecuted any CIA officers but did successfully prosecute a contractor who beat a detainee to death, an incident that was initially reported to the department by the CIA. What has changed that makes prosecution advisable now? No administration is above the law. But the decision of one administration to prosecute career officers for acts committed under a policy of a previous administration must be taken with the greatest care. Prosecutions would set the dangerous precedent that criminal law can be used to settle policy differences at the expense of career officers.

-- Third, after Justice declined to prosecute, the CIA took administrative action, including disciplinary action against those officers whose conduct it deemed warranted such responses. This is standard procedure; reports of possible criminal activity must be referred to Justice. If it declines to prosecute, the matter is sent back to the CIA for appropriate administrative action.

-- Fourth, prosecuting CIA officers risks chilling current intelligence operations. This country faces an array of serious threats. A prosecution or extensive investigation will be an unmanageable expense for most CIA officers. More significant, their colleagues will become reluctant to take risks. What confidence will they have when their senior officers say not to worry, "this has been authorized by the president and approved by Justice"? And such reactions would be magnified if prosecutions focus only on the lower-ranking officers, not those in the chain of command. Such prosecutions are likely to create cynicism in the clandestine service, which is deeply corrosive to any professional service.

As the man says, go read the whole thing.

Update: Via several commenters (thanks!), CIA Director Leon Panetta apparently threatened in a "profanity-laced tirade" to quit over AG Holder's insistence that the DOJ start criminal investigations. An ABC News report is here.

Folks are asking if this is genuine or not. Remember that Panetta came down really hard on Pelosi when she attacked the agency. His initial instinct was to defend his people. It was only later that he came along with the "power point presentation = secret assassination squad" thing.

I think his fury over a DOJ witchhunt in his agency is genuine. He knows these people and he's working with them. The last thing he wants is for the intelligence apparatus to fall apart on his watch. And he's got one of the most impossible tasks in the Obama Administration: protect the United States from his own President's and his own party's political folly. His own party constantly undermines his efforts and, still, he's going to be blamed if we are attacked again.

The Story that Keeps on Giving Update: Panetta sent a letter to CIA employees today. It reads in part:

As Director in 2009, my primary interest-when it comes to a program that no longer exists-is to stand up for those officers who did what their country asked and who followed the legal guidance they were given. That is the President's position, too. The CIA was aggressive over the years in seeking new opinions from the Department of Justice as the legal landscape changed. The Agency sought and received multiple written assurances that its methods were lawful. The CIA has a strong record in terms of following legal guidance and informing the Department of Justice of potentially illegal conduct.

I make no judgments on the accuracy of the 2004 IG report or the various views expressed about it. Nor am I eager to enter the debate, already politicized, over the ultimate utility of the Agency's past detention and interrogation effort. But this much is clear: The CIA obtained intelligence from high-value detainees when inside information on al-Qa'ida was in short supply. Whether this was the only way to obtain that information will remain a legitimate area of dispute, with Americans holding a range of views on the methods used. The CIA requested and received legal guidance and referred allegations of abuse to the Department of Justice. President Obama has established new policies for interrogation.

The CIA must also keep its focus on the primary responsibility of protecting the country. America is a nation at war. This Agency plays a decisive role in helping the United States meet the full range of security threats and opportunities overseas. That starts with the continuing fight against al-Qa'ida and its sympathizers. There, alongside all its other contributions, the CIA is helping our government chart a new way forward on interrogation, one in keeping with the President's Executive Order of January 22nd. You, the men and women of this great institution, do the hard work and take the tough risks that intelligence and espionage demand.

I am very proud of what you do, here and abroad, to protect the United States. Your skill, courage, commitment, and focus on mission make the CIA indispensable to the nation. It is a privilege to serve with you.

The full thing is here.


digg this
posted by Gabriel Malor at 11:13 AM

| Access Comments




Recent Comments
Moron Robbie - If this is how Georgia hires attorneys, imagine how they manage elections: "I think it was grump928 who made an outstanding po ..."

Don Black: "is everyone over on the main page, slapping f5 lik ..."

JackStraw: ">>The long-shredded pretense to impartiality is su ..."

Moron Robbie - If this is how Georgia hires attorneys, imagine how they manage elections: "Wakandyass it is! ..."

Don Black: "NYR 0 COL 0 end 1st p 🏒 ..."

Alberta Oil Peon: "If the Wakandians hadn't been isolationists then t ..."

Puddleglum at work: "[i]173 167 I’ve often speculated that the re ..."

Moron Robbie - If this is how Georgia hires attorneys, imagine how they manage elections: "If the Wakandians hadn't been isolationists then t ..."

Ciampino - Bloody 'experts' again ...: "158 For being the alleged "birthplace of civilizat ..."

sock_rat_eez - these lying bastardi e stronzi have been lying to us for decades [/b][/u][/i][/s]: "got to have a spread of alternatives, amirite? ..."

Bulgaroctonus : "167 I’ve often speculated that the reason th ..."

Hairyback Guy: "Anita Bryant > All Other Female Crooners ..."

Recent Entries
Search


Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64