The heavily redacted but still usable CIA Inspector General's report which serves, in part, to justify the special prosecutor's proceedings shows questionable tactics to be sure. But, more importantly it shows positive results. Even the MSM including those usually eager to join in eviscerating the Agency are willing to acknowledge this fact.
True, the negative leads, but for those willing to wade on through to the end, the accomplishments of the interrogation are noted. The Agency should have and did investigate the way over the edge zeal of some employees and contractors. The worst offenses were apparently stopped.
That should have been that. The episodes were finished, over, done with. Even the Nice Young Man From Chicago seemed to go along with that during his high visibility visit to Langley some months ago. At that time he seemed, appeared to, kind of, sort of, commit himself and his administration to not persecuting (oops! Bad Geek!) that is prosecuting officers and others who complied with the legal opinions issued by the relevant lawyers for guidance. There was no mention of going after those who might have, in the very real heat of the moment, let the need for actionable information outweigh the fine points of legal debate.
The Geek is not without personal familiarity with the difficulties of interrogating very highly motivated, very experienced individuals deeply hostile to the US. While his approach did not include the various techniques authorized by the Bush/Cheney administration legal personnel let alone include the objectionable add-ons mentioned in the IG's report, he is not prepared to condemn those who went over the edge.
There is no reason to disbelieve that the urgencies of the moment seemed in the best judgement of those conducting the interrogations to demand the use of every means short of damaging physical torture necessary to acquire the necessary information. These people were not simple minded sadists, nor were they threatening for the joy of doing so. No. They were under the clear pressure of time and the urgent need to both protect the US and Americans from possible harm and to better understand the structure and nature of the command and operational echelons of al-Qaeda and Taliban.
As is the general case in military jurisprudence regarding both proportionality and the infliction of civilian casualties, the central matter is intent. If the commander and those under his command had no intent to use disproportionate means nor inflict civilian casualties, than any harm which occurs is held to be incidental, not intended: not a crime.
Poor supervision, lack of clear guidance as mentioned in the IG report do not constitute a criminal intent. Nor do the methods employed in and of themselves. In this matter, the matter of interrogating hostile prisoners, the core issue up and down the chain of command as well as on the part of the person conducting the interrogation is simply intent.
There is no indication of any intent to violate either law or customs of war. While the actual conduct of interrogations may not be the most sharply defined area of the laws and customs of war, and the Agency is not one which is specifically military, the same thinking should, no, must be employed.
That was the case during the Bush/Cheney administration. And, it appeared to be the case with the Obama administration until the past few days. The current Director of Central Intelligence must have been very well aware of the new direction in which the wind was blowing.
Leon Panetta is a consummate Washington insider. He well knows how the game is played. He knows that the progressives in and out of congress are in a hissy-fit over the presumed junking of the "public option" in the health care overhaul bill. He knows that bones have to be thrown to the ravening horde of progressives in return for any backsliding on letting the federal government take over health care.
Not only did this ultimate insider not act to protect the Agency--his Agency--he acted to presage the current Roman circus. He ran panting and sweating to Congress and media over a program which never was, breathless with indignation and fermenting in purity of mind and soul.
Leon The Gutless is more than simply willing to see the emasculation of the Agency even though the threats it confronts daily are not waning but rather still waxing. He is willing to place the Agency on the chopping block if it will protect the president from the ire of the "progressives."
Without even the transient justifications which allowed William Colby to turn over the "family jewels" to the Church and Pike committees a third of a century ago, Panetta is willing to see the long knives plunged into the back of a very, very important outfit: CIA. This is not only politics at its most base, it is a short-sighted act of self-inflicted defeat for the nation. In a time of war.
President Obama knows all of this. His spineless hiding behind the man he appointed Attorney-General is the act of a politician from Chicago--not an American president. The President is ably supported in his exercise in feeding the base by two other unscrupulous politicians for whom the success of the Agenda of Transformation is far, far more important than the well-being and safety of Americans and America.
To call it shameful is entirely too mild, too forgiving. But, to be accurate would require a mastery of epithet far surpassing the Geek's ability.
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