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What About the Next Time?
By Victoria Toensing
NationalReview.com
“All volunteers
step forward. We have a person in custody who is high-ranking al-Qaeda. He
taunts that an attack on United States soil is imminent but laughs mockingly
when we ask for specifics. We need interrogators.” Such was the threat in the
summer of 2002 when the CIA asked the Justice Department for guidance on what
its personnel could do to get such information from captured al-Qaeda lieutenant
Abu Zubdayah.
Since then, the lawyers who stepped forward to provide carefully structured
counsel have been criminally investigated and told that, even if they are not
prosecuted, their conduct will be turned over to their state bars. The
interrogators who stepped forward were promised in early spring by President
Obama that, even if they erred in judgment while protecting our country, the
president would rather “move forward.” However, in late summer, they are under
criminal scrutiny.
Even though an earlier investigation by career prosecutors reviewed the same
conduct and refused prosecution of all but one contract employee who was brought
to trial in 2007. Even though congressional leaders had knowledge of the
interrogation techniques and made no attempt to stop them. Even though the
conduct is more than six years old. Even though the CIA has taken administrative
action against some of the personnel involved in the interrogations. Even though
being just a target of a criminal investigation costs thousands of dollars in
legal fees. Even though being just a target of a criminal investigation takes a
horrendous mental toll. Even though the morale of the CIA will plunge to the
depths it did in the wake of the Church Committee attacks. Even though the
release of the names of those being scrutinized will make them terrorist targets
for the rest of their lives. Even if they are cleared.
The next time our government employees are asked to step forward to get
information of a possible, even probable, imminent attack, no one will. Even
though . . .
— Ms. Toensing is a former chief counsel for the Senate Select
Committee on Intelligence and a former deputy assistant attorney general,
criminal division. She is in private practice in Washington, D.C.