Flashback: Worried CIA Officers Buy Legal Insurance

[ProSense]

CIA Operatives Sign Up for Torture Insurance

Worried CIA Officers Buy Legal Insurance

Plans Fund Defense In Anti-Terror Cases

By R. Jeffrey Smith
Washington Post Staff Writer
Monday, September 11, 2006; Page A01

CIA counterterrorism officers have signed up in growing numbers for a government-reimbursed, private insurance plan that would pay their civil judgments and legal expenses if they are sued or charged with criminal wrongdoing, according to current and former intelligence officials and others with knowledge of the program.

The new enrollments reflect heightened anxiety at the CIA that officers may be vulnerable to accusations they were involved in abuse, torture, human rights violations and other misconduct, including wrongdoing related to the Sept. 11, 2001, attacks. They worry that they will not have Justice Department representation in court or congressional inquiries, the officials said.

The anxieties stem partly from public controversy about a system of secret CIA prisons in which detainees were subjected to harsh interrogation methods, including temperature extremes and simulated drowning. The White House contends the methods were legal, but some CIA officers have worried privately that they may have violated international law or domestic criminal statutes.

Details of the rough interrogations could come to light if trials are held for any of the approximately 100 detainees who were held in the prisons. President Bush announced last week that he had transferred the last 14 detainees in the facilities to the military prison at Guantanamo Bay, Cuba, and had submitted a proposal to Congress for the rules under which the administration would like the suspects to be tried.

Terrorism suspects' defense attorneys are expected to argue that admissions made by their clients were illegally coerced as the result of policies set in Washington.

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Robert M. McNamara Jr., the CIA's general counsel from 1997 to November 2001, said he advised station chiefs to buy the insurance. "The problem is that we are the victims of shifting winds here," McNamara said he told the officers. "I can't sit here and tell you in all cases that I will be able to defend you."

However, McNamara's predecessor as CIA general counsel, Jeffrey H. Smith, said: "I'm deeply troubled that CIA officers have to buy insurance. . . . There should be clear rules about what the officers can and can't do. The fault here is with more senior people who authorized interrogation techniques that amount to torture" and should now be liable, instead of "the officers who carried it out."

[babylonsister]

1. I remember this well. What were they afraid of? nt

[ProSense]

2. Exactly. n/t