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July 31, 2005
An FBI Supervisor on Rendition
Perhaps I am torturing this issue, but it is one that concerns me. Next week's Newsweek will carry a story on a recently obtained memo, written by an FBI supervisor then assigned to Guantanamo, that outlines concerns about extraordinary rendition. The major concern, it might be illegal and discussing it might constitute a conspiracy to violate the U. S. Torture Statue.
. . . the agent discussed a plan to send the detainee to Jordan, Egypt or an unspecified third country for interrogation. "In as much as the intent of this category is to utilize, outside the U.S., interrogation techniques which would violate [U.S. law] if committed in the U.S., it is a per se violation of the U.S. Torture Statute," the agent wrote. "Discussing any plan which includes this category could be seen as a conspiracy to violate [the Torture Statute]" and "would inculpate" everyone involved.
Other FBI agents who also declined to be named are quoted. One gives what I am sure is the "official position, "the memo was not an official bureau legal conclusion."
But another senior U.S. law-enforcement official familiar with the memo, who also asked not to be identified, said the memo reflects concerns among many agents and lawyers about "rendition."
At some point, some FBI agent or military officer needs to decide that the good of the country is more important than his or her own career and speak out loudly and publicly. The time for remaining anonymous is long past. Of course, the current administration will punish them. But I hope that at least a few of them joined their agency or service to serve the country and not someone who seeks every legal loop hole and finding none acts despite the law; someone who is actively compliant in a host of immoral activities.
In addition, some brave federal prosecutor needs to test the FBI supervisor's legal theory that a discussion of rendition may constitute conspiracy to violate the U.S. Torture Act and bring a few of the folks in this administration up on charges.
Posted by Duane Smith at July 31, 2005 1:44 PM | Read more on Current Events |
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