C.I.A. Interrogator's Defense to Cite Bush at Brutality Trial

[emad]

NY Times
By SCOTT SHANE

Published: February 11, 2005


ASHINGTON, Feb. 10 - A contract interrogator for the Central Intelligence Agency, charged with beating an Afghan prisoner who died the next day, is basing his defense in part on statements by President Bush and other officials that called for tough action to prevent terrorist attacks and protect American lives.

Documents unsealed this week in federal court in Raleigh, N.C., show that the interrogator, David A. Passaro, 38, may cite top officials' written legal justifications for harsh interrogation techniques and a Congressional resolution passed after the Sept. 11, 2001, attacks on New York and the Pentagon calling on the president "to use all necessary and appropriate force" to thwart further terrorism.

Mr. Passaro's lawyers contend in court filings that in passing the legislation under which their client is charged, Congress "cannot have contemplated" the use of the law to "provide grounds for criminal prosecution of a battlefield interrogation of a suspected terrorist linked to constant rocket attacks."

Thomas P. McNamara, Mr. Passaro's lead defense lawyer, has officially notified the government that he will pursue a "public authority defense." Such a defense involves a claim that the defendant believed, even if incorrectly, that he was acting with the authority and approval of the government.

http://www.nytimes.com/2005/02/11/politics/11detain.html

[Goldeneye]

1. Sounds fair enough to me. Why should he be the fall guy?

Of course he should've known better, but people tend to follow orders. Anyone who hasn't read about Stanley Milgram's experiments should check this link out

http://www.cba.uri.edu/Faculty/dellabitta/mr415s98/EthicEtcLinks/Milgram.htm

Aren't there memos that show WH officials (including bush) signing off on torture?

[TheModernTerrorist]

11. defenitely!

The Milgram experiment was terrifyingly wonderful. I teach psychology at a junior college and I may try to show the video to my class, and then pair it up with whatever Abu Ghraib stuff I can dig up.
Defenitely required reading for anyone looking to understand the psychology of authority, thanks for linking it.
:-)

[paineinthearse]

2. ASHINGTON, Feb. 10

Don't you love the NY Times web software? When you copy an article, it drops the first letter.

In this case it is quite ironic.

Imagine Washington without "W".

[Az_lefty]

3. I've been saying this all along

that if we're going to prosecute these interrogators and MP's from Abu Ghraib the prosecution should include the people who came up with the torture policies (Gonzales, Rice, Chaney, Rumsfield, Bush). "Public Authority defense" is right on target since HE WAS acting with the approval of the Government.

[Elidor]

4. Apparently, he didn't get the memo

The torture memo was designed to protect the people at the top, not the little guys like him. All these idiots who think their superiors have authority to tell them to torture are going to wake up really fast when this guy goes to jail.

Let me start some popcorn and kick off my shoes…

[Bridget Burke]

5. (OT social note from Houston)

An insurance agency in the Montrose area (heavily but not exclusively gay) has an interesting display in the window.

A bust of Abraham Lincoln. And a statue of Sponge Bob!

[Elidor]

6. LOL! There's a message there somewhere n/t

[bobthedrummer]

7. KUBARK Interrogation Manual-The CIA's Secret Manual on Coercive

Questioning-- obtained by The Baltimore Sun under a 1997 FOIA lawsuit.
http://web.archive.org/web/20011031152042/www.parascope.com/articles/0397/kubarkin.htm

[seemslikeadream]

8. CIA contractor accused in beating claims U.S. has no jurisdiction

By WILLIAM L. HOLMES
Associated Press Writer

February 11, 2005, 1:01 PM EST

RALEIGH, N.C. -- A former Special Forces soldier charged with beating an Afghan detainee who later died says federal courts should not have jurisdiction in his case because he was working outside the country at the time of his alleged crime.

Lawyers for David A. Passaro, 38, contend that provisions of the U.S. Patriot Act approved after the terrorist attacks of Sept. 11, 2001 should not apply in places where special operations forces and CIA paramilitary operatives work.

The argument came in filing in U.S. District Court in Raleigh that said charges against Passaro should be dismissed.

Assistant U.S. Attorney James Candelmo said the government disputes the argument and wants the defense motion denied.

more
http://www.newsday.com/news/local/wire/connecticut/ny-bc-ct--prisonerabuse-cia0211feb11,0,1670657.story?coll=ny-region-apconnecticut

[GoddessOfGuinness]

9. I agree...

The US should turn him over to the Afghan people for justice.

[EST]

10. This is wonderful

The bigguns blame it all on the little uns. The ones on the bottom don't have as much to lose-they'll accuse back. The drips turn into a trickle, the trickle to a roar and, I hope, washes these monsters into the deepest abyss...

[struggle4progress]

12. The Nazis came to power with the help of petty criminals, ...

... many of whom were eliminated when their fifteen minutes of usefulness ended.