CIA Contractor Charged Under Patriot Act in Novel Use of the Terrorism Law

[CShine]

The CIA contract employee accused of abusing a prisoner in Afghanistan is being prosecuted under the Patriot Act in what legal experts are calling a surprising - and to some, troubling - application of the new anti-terrorism law. Attorney General John Ashcroft invoked the Patriot Act to assert jurisdiction in the case of David Passaro, who will be tried in federal court in Raleigh, N.C., on four assault charges in connection with the death of an Afghan man. David Sheldon, a former Navy lawyer who now defends military personnel in courts-martial proceedings, said the Justice Department may be going too far.

"In my view, any time the federal government is expanding its jurisdiction and reach to include conduct that occurs overseas, that is startling," Sheldon said.

But in announcing the indictment Thursday, Ashcroft said the government had few alternatives, since American civilians working on contract for the CIA in Afghanistan and Iraq might not otherwise be subject to U.S. justice.

"This case would have been more difficult to investigate and prosecute were it not for the USA Patriot Act," Ashcroft said. "The act expanded U.S. law enforcement jurisdiction over crimes committed by or against U.S. nationals on land or facilities designated for use by the United States government."

http://ap.tbo.com/ap/breaking/MGBUQXWUMVD.html

[Eric J in MN]

1. Even a stopped watch is right twice per day, and even a lousy bill

Even a stopped watch is right twice per day, and even a lousy bill may have something good about it.

So don't repeal the Patriot Act. Repeal most of it.

[Mountainman]

6. It's going to die on it's own if we leave it alone.

Get rid of it! As gun freaks say, we have enough laws, all we need to do is use them.

[Qutzupalotl]

8. Some of the most egregious parts are permanent.

i.e., sneak & peek

[luaneryder]

2. It's doubtful this contingency

was ever considered in the draft. Another amended Patriotic Act on the horizon?

[saigon68]

3. THESE BASTARDS ARE CRAZY

Including the BOY who is afraid of Breasts and Nipples.

[Mountainman]

4. 9/11 gives the Bush administration to do what ever it wants.

I remember Bush saying things would be a lot easier if he were a dictator. Another 4 years and he will be one if he isn't already.
I am not joking here. I feel that we really could lose our democracy if Americans don't wake up and smell the coffee.

Don't it always seem go that you don't know what you've lost till it's gone?

[Rebellious Republican]

5. Just my opinion, but, this sounds like they are taking control ......

so they can control the outcome of the case! I do not trust asscrack and the neocons!:think:

[havocmom]

7. This could set a precedent we can work with to nail a lot of neocons.

If the Patriot Act can be used to prosecute those who engage in criminal activity abroad, find a DA who will go for the malAdministration. Everyone who has lost a family member to the illegal invasion should go for the junta.

[Tellurian]

9. Oh boy, Asscroft will use this as a test case for prosecuting CIA..

internationally! This is how they covertly expand the law by setting justifiable, harmless appearing precedents.

[seventhson]

10. Fascinating

Thi is very interesting. I think it may be a way to plea bargain his silence and threaten him with jail if he talks.

very interesting

[goforit]

11. Cleaning house of the CIA?...Good agent? Bad agent? Which side?

Hmmmmm.........

Ashcroft should know that when you play with fire
you're gonna get burned.

[wroberts189]

12. They want to protect this war criminal thats why.

And score some points for the so called patriot act.

He is "their kind of people".

Why don't they turn him over to Afghanistan? They have laws right?
The crime was committed there.

This whole idea that US contractors are above the law when outside the US is bogus. There are many countries that will prosecute war crimes.

Nothing but poison fruit falls from the bush admin tree. This includes everything from justice to the medicare bill.

Everything they do is for them ...not for the common good. That is a rule they only break when forced to.

[JM]

13. Two possible scenarios

1) By using the Patriot Act, they can say anything they want about how they are prosecuting the case and "pursuing justice" while doing nothing and not allowing any evidence that supports or condemns the case to go public.

2) The ultimate payback and message to the CIA. Don't cross us/be sure to provide the "evidence" we want or we will use the law against you.

JM

[MasonJar]

14. Does that mean we can use it against Cheney, Bush, rummy and

Asscrass when they are finally indicted.