Commentary Magazine


Topic: National Association of Criminal Defense Lawyers

Did Terrorist Detainees’ Lawyers Endanger CIA Agents?

Eli Lake reports:

Covertly taken photos of CIA interrogators that were shown by defense attorneys to al Qaeda inmates at the Guantanamo Bay prison represent a more serious security breach than the 2003 outing of CIA officer Valerie Plame, the agency’s former general counsel said Wednesday.

John Rizzo, who was the agency’s top attorney until December, said in an interview that he initially requested the Justice Department and CIA investigation into the compromise of CIA interrogators’ identities after photographs of the officers were found in the cell of one al Qaeda terrorist in Cuba.

Recall that Guantanamo detainees — some of whom may now have been released back to their home countries (and returned to the battlefield, given the rate of recidivism) — were shown pictures of CIA agents by their attorneys. The danger to these public servants is acute:

“Well I think this is far more serious than Valerie Plame,” Mr. Rizzo said after a breakfast speech. “That was clearly illegal, outing a covert officer. I am not downplaying that. But this is far more serious.”

“This was not leaked to a columnist,” he added. “These were pictures of undercover people who were involved in the interrogations program given for identification purposes to the 9/11 [terrorists].”

U.S. Attorney Patrick Fitzgerald is now investigating the matter. At this stage, we know that “the photographs appeared to have been taken by private investigators for the John Adams Project, which is jointly backed by the American Civil Liberties Union and the National Association of Criminal Defense Lawyers.” As Lake notes, serious violations of law may have occurred:

One possible crime would be the “disclosure of classified information, being the faces of these people, to an enemy foreign power,” Mr. Rizzo said.

Mr. Rizzo said the other possible law the pro-bono attorneys may have violated would be the 1982 Intelligence Identities Protection Act (IIPA), the same law Mr. Fitzgerald initially investigated in Mrs. Plame’s case. No one in the Plame case was prosecuted under that statute. A former aide to Vice President Dick Cheney, I. Lewis “Scooter” Libby Jr., was convicted of lying to investigators and later partially pardoned.

We will see what Fitzgerald turns up. But the potential that lawyers illegally disclosed materials to terrorists and thereby endangered CIA agents should remind us of the mentality of those who claimed to be defending our “values” as they litigated against the U.S.

Eli Lake reports:

Covertly taken photos of CIA interrogators that were shown by defense attorneys to al Qaeda inmates at the Guantanamo Bay prison represent a more serious security breach than the 2003 outing of CIA officer Valerie Plame, the agency’s former general counsel said Wednesday.

John Rizzo, who was the agency’s top attorney until December, said in an interview that he initially requested the Justice Department and CIA investigation into the compromise of CIA interrogators’ identities after photographs of the officers were found in the cell of one al Qaeda terrorist in Cuba.

Recall that Guantanamo detainees — some of whom may now have been released back to their home countries (and returned to the battlefield, given the rate of recidivism) — were shown pictures of CIA agents by their attorneys. The danger to these public servants is acute:

“Well I think this is far more serious than Valerie Plame,” Mr. Rizzo said after a breakfast speech. “That was clearly illegal, outing a covert officer. I am not downplaying that. But this is far more serious.”

“This was not leaked to a columnist,” he added. “These were pictures of undercover people who were involved in the interrogations program given for identification purposes to the 9/11 [terrorists].”

U.S. Attorney Patrick Fitzgerald is now investigating the matter. At this stage, we know that “the photographs appeared to have been taken by private investigators for the John Adams Project, which is jointly backed by the American Civil Liberties Union and the National Association of Criminal Defense Lawyers.” As Lake notes, serious violations of law may have occurred:

One possible crime would be the “disclosure of classified information, being the faces of these people, to an enemy foreign power,” Mr. Rizzo said.

Mr. Rizzo said the other possible law the pro-bono attorneys may have violated would be the 1982 Intelligence Identities Protection Act (IIPA), the same law Mr. Fitzgerald initially investigated in Mrs. Plame’s case. No one in the Plame case was prosecuted under that statute. A former aide to Vice President Dick Cheney, I. Lewis “Scooter” Libby Jr., was convicted of lying to investigators and later partially pardoned.

We will see what Fitzgerald turns up. But the potential that lawyers illegally disclosed materials to terrorists and thereby endangered CIA agents should remind us of the mentality of those who claimed to be defending our “values” as they litigated against the U.S.

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