The CIA and the Statute of Limitations
by Bob HamerI’ll try to make this short…last week I wrote about my concerns over the naming of a special federal prosecutor to re-examine the use of Enhanced Interrogation Techniques by the CIA. I have appeared on several radio shows since the article posted here at Big Hollywood and I was pleased to see over weekend former Vice President Dick Cheney say in a more articulate fashion almost every point I raised in the article EXCEPT one.
Today my point is the LAW. I touched on it briefly in the article but no one seems to be discussing the LAW. Many on the left and maybe even some on the right are applauding the decision by Attorney General Eric Holder to name a special prosecutor. I only have one question: What crimes were committed? Those supporting the decision to name a prosecutor say, “torture.”
The federal statute can be found in Title 18 chapter 113C of the Federal Criminal Code and Rules. Section 2340 defines torture. Section 2340A says:
Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or life.
According to John Helgerson, who prepared the 2004 inspector general report for the CIA, the most egregious case was that of Abdul Wali, an Afghan suspected of rocket attacks on military bases. Wali died after four days in custody. A CIA contractor, David Passaro, was convicted in federal court of assault for the techniques he employed in June, 2003 during the interrogation.
Federal career prosecutors have already reviewed the 2004 report and concur only one criminal case warranted prosecution. I can only assume there were no other situations warranting the death penalty. Every pundit seems more concerned with the water-boarding and “threats” to Abu Zubayda, Khalid Shaikh Mohammed (KSM), and Abd al-Rahim al-Nashiri, none of whom died from the interrogations.
The Statue of Limitations for federal offenses is spelled out in Title 18 Section 3282:
Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any offense, not capital, unless the indictment is found or the information is instituted within five years next after such offense shall have been committed.
In other words, unless someone was killed all prosecutions must be brought within five years. Math was never my strongest subject but the report came out in 2004. Obviously the incidents occurred earlier and it’s now 2009. To prosecute anyone the offense must have taken place after August, 2004 otherwise the Statute of Limitations has run. KSM was captured on March 1, 2003; Abu Zubayda in March 2002; and Abd a-Rahim al-Nashiri in 2002. Even assuming some interrogator violated the law prior to that date, he can’t be prosecuted. So why the need for a “special prosecutor” to review what career federal prosecutors have already studied?
Maybe I’m missing something but this sure looks like a political move designed to distract the masses, embarrass the prior administration, and destroy morale at the CIA.
Prove me wrong.
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52 Comments
Since when has the law mattered to this administration?
Oh wait – that's what they said about Bush.
The crime committed in the eyes of this Marxist Administration is that the CIA is effective at protecting American from it's Enemies. That why the Left has always been contiguous with that agency and for good Reason.
The crime committed in the eyes of this Marxist Administration is that the CIA is effective at protecting America from it's Enemies. That why the Left has always been contiguous with that agency and for good Reason.
Obama and his radical followers, including his czars have hijacked this country.
Law doesn't matter one bit to these people.
We'll have them all on trial sometime after 2010, God willing.
Anyone want to start a pool on when Leon Panetta quits?
My bet is December. He'll step down then.
Spot on. They don't care if anyone is prosecuted. They just want to stir up some dirt and throw around some accusations. Unfortunately for them, they underestimated Dick Cheney. He won't roll over without a fight.
I am so afraid that these radicals our trying to start a war inside this country. They are using the race card. Conquer and divide this ountry.
Prosecutions would actually be counterproductive to the Administration's goal, which is simply one of distraction.
Obama's campaign can be summed up in two words: "Hate Bush".
Since Obama and his supporters equate campaigning with leading, whenever Obama's popularity drops, he needs to remind people to "Hate Bush". The media, of course, is happy to act as Ministry of Propaganda and broadcast the Two-Minute Hate. If there were actual prosecutions, then they'd need to find another way to promote "Hate Bush", instead of just recycling this.
THat's always been the Socialists' goal- divide and conquer. About the only way to win against a strong enemy, really. NO fear- Americans are waking up to what's happening. Americans (those who love this country) will unite against the haters, then the REAL crimes of THIS administration and our present legislators will be brought to light and paid for. Americans will INSIST on it from their NEW representatives. Thereafter, it must be a sustained, united push to drive out the Left anywhere it is seated.
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This witch hunt is not about the law or rule of law. It is about distraction and deflection from this administrations failures and plummeting poll numbers. And of course to make everything look like it is still Bush's fault.
Liz Cheney for President!
Don’t you just love what Dick Cheney is saying, man that’s good stuff. It is great fun to watch these Marxist squirm, all it takes is to …fight back! Barry and his minions care nothing about the law, they just care about the distraction.
Oh well, it's not working any more.
What do you really think? Ha…
What do you really think? Ha… Dig the avatar.
This group of marxists is incompetent. They are baffling as it seems as if they stumble over themselves even when they try stunts like this. The Van Jones escapade should end very soon as he is a security risk and this brings in to question who is vetting any of the czars appointed by Obama. Are they security risks.
We seem to have very low expectations of Obamas' competence as the people who are appointed by him have to be vetted by the FBI and have national security clearance. Would Van Jones sell secrets to an enemy, or would he fall on the sword for the US?? Would Obama ?
We must put pressure on our government to live up to the quality that we are accustomed.
Ya gotta admit, Obama has some really big balls, or he is is very stupid….going after the CIA???? That has got to be the most dangerous thing you could do, not to mention that Obama can be tried for "treason" later on. We have troops engaged in battle and some dying, while a commander in chief is assisting the enemy. Obama's actions only provide a stronger resolve and emboldens the enemy.
Rules in warfare? Gimme a break. Are we in this to win? The Geneva Accords work only when your opponent abides by them as well. When they do respect minimum rules of behavior in conflict, we should be under no obligation to honor all of them when lives of our troops and citizens are at stake. Most of these pussies who second-guess our front-line personnel have never heard a shot fired in anger. Maybe if they had that "significant emotional experience," to borrow a term from psychology, they might begin to develop a different perspective about to whom the Constitution's protections apply. I cannot wait for November 2010. I've never voted a straight ticket before but I'll probably go Republican all the way.
…When they do NOT respect minimum rules… is what I meant to say.
Thanks for giving me a positive feedback. I pray every night that America returns to conservative values and save itself from the jaws of Marxism. For the sake of our Children's future. Destabilization of our culture and economy has been so threaten. I pray Obama's policies do not succeed.
Good that you pray, but remember that God helps those who help themselves (and their brothers), so you should also CALL your elected officials. CALL, CALL, CALL! Every day if you can.
You do not have to be a constituent.
All you have to do is say "PLease tell so-and so that I am for (whatever) or against (whatever). Thank you"- no arguments needed. The aide will take your message and tally it as for or against the given issue. Call as many reps as you can. And if your rep has 4 offices, call ALL the offices.
I can call 20 senators/reps in about 25 minutes. It costs nothing because I am on a bundled plan.
Then thank God for all the freedoms you have left and pray that this country learns to respect HIm and ask His guidance again.
Fight! Fight! Fight!
"I hope the next Conservative President investigates every act by obama and his czars."
HOPE IS FOR WEINIE LOSERS!!! We must INSIST that our new representatives investigate and, where appropriate, try, convict and punish the criminals. Barney Frank, Nancy Pelosi, Charles Rangel, Van Jones, Rahm Emanuel, ALL OF THEM.
Don't hope it gets better! TAKE IT ALL BACK!!!!!!
Missing caption to the photo above. "Now Leon, don't fight me on this. It will hurt a lot less if you just relax and let me do what I want!"
And The Geneva Accords APPLY only when your opponent abides by them as well.
Oh, I'm gonna love the prosecutions of 2013.
A prominent Republican member of Congress who has some believeability has got to come out and say this foolishness has to stop or the following will happen: "….".
The Republicans have played with cap guns while the Democrats have been using AK47s far too long. They need to spell out specific steps they will take once they have regained control of Congress and then do it. Otherwise the Dems will continue to go ever further away from the basics this country was founded upon.
The Republicans are never going to win Miss Congeniality and it is high time they stopped trying.
Any movement that seeks fundamental change for society knows that you have to get the young people excited. But youth are more valuable as useful idiots to these revolutionaries, we've seen it so often in history.
This is the deepest penetration of radical socialists (commies even) into government in American history.
A strong response is in order.
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You certainly have more faith in Republican Politicians than I do. You throw them a slow pitch softball and they just stare at it. When they do respond they seem to be out of sync.
Actually I have no faith in them for the most part and I guess I am hoping that there has to be at least one who will stand up and fight back against the tyranny the Left seems determined to try to impose on this country. If someone currently in the Republican party does not do this then I think this country will sort it all out away from the ballot box.
The crime committed in the eyes of this Marxist Administration is that the CIA is effective at protecting America from it's Enemies. That why the Left has always been contentious with that agency and for good Reason.
Law?? The new justice ?? When the likes of the black panthers and terrorists are given a free pass and normal John Q. Citizen who works for a living, goes to church is prosecuted for being a law abiding american citizen ? Now John Q is the enemy of this great, wondrous "new society". With the CIA now neutered the question is what major city is going to be the target ? Not if, but when. Over reaching will be an understatement. Then we will see all this "change" with the executive branch really branch out even further. (sort of like his role model buddies ortega, hugo, and castro) This was a real great idea america – all this hope and change makes me sick.
These leftist lunatics are out of control. They’re not concerned about governing in the best interest of the nation, they’re interested in destroying our ability to properly defend ourselves and in consolidating power through unconstitutional fascistic power grabs. There have already been investigations; the American people expect the CIA to slap terrorists around and pour water down their noses to get information. Those who consider putting a caterpillar near a terrorist or waterboarding them to be torture are not serious individuals, they’re emotionally retarded.
I hope the next Conservative President investigates every act by obama and his czars. If we had any semblance of serious leadership in congress this criminal gang of communist filth [van jones], socialist refuse [obama] and unconstitutional czars would be impeached and dragged out by their ears. If there was any justice these useless and worthless political eunuchs that are watching obama urinate on the Constitution would be thrown out of office or hit by a bus.
"Rogue" CIA agents-do your stuff to keep us all safe. We are behind you all the way.
Since when has math mattered to this administration?
Have you seen their latest deficit projections?
Statue of Limitations indeed appear to have run out or soon to be. Now the agents and there attorneys surely know that. Leon Penetta must also know that, so why aren't they in front of the cameras telling Holder to F off. Something is going on in back rooms at that agency and DOJ. You know way more about these things than I do, so I hope you follow up on this.
We owe it to the American people to understand why one administration will go after legal rulings of another administration. Because someday this administration will be out of power and something tells me this administration will have many issues needing investigation. Politics in one thing, but is this administration that stupid? I know they are amateurs but are they that stupid!
You get vetted by Secret Service not FBI at the White House. Secret Service did a complete background check someone at the White House overruled the findings. The question then becomes Who and Why. It is not like this guy has ever created jobs before that would make him a great choice for over seeing an 80 Billion dollar budget. Follow the money. That was 1/10th of the stimulus money not a bad haul if you can get away with it.
Im in the trench and have been calling all my reps. Im going to the tea-party rally that is going to D.C for the Sept 12 march. Im really excited to participate. I am involved. I have been learning about Obama and his background and friends before the election. I cannot understand how our country voted this monster into office. The red flags were everywhere about him and his background.
Geez…you're right. Where's Obama's right hand? The last time I was positioned like that was in my urologist's examining room.
The statute does not apply to royalty or divinity, nor is it a law in Kenya. Looks like the O-ring can proceed here.
Great question, Bob. It sure "looks like a political move designed to distract the masses, embarrass the prior administration, and destroy morale at the CIA" to me too. But I think there is a deeper motive here. I think they are systematically trying to destroy our country's ability to defend itself. I know that's extreme, but it's hard to find a way in which the Obama administration has tried to strengthen our defenses.
It also brings to mind that so many pundits seem (to me) to be missing the point about Van Jones. He did not arrive in the administration because of a "vetting" problem. He is there because, in every way, he is a kindred soul to Obama. Obama and his advisers did not miss the fact that he is an avowed communist, a "Truther", and a fervent advocate of the overthrow of America's "oppressive" capitalist system. They knew it completely.
They agree with Van Jones.
Everyone who works for the CIA including Panetta should quit en masse. Let Obama save the world by himself since that seems to be what he wants. The left needs to learn that most people would rather have peace than war, would rather that we all "just get along", but since governments are run by human beings….human beings capable of being corrupted by power, then there will always be war somewhere and the only way to stay safe is to have the strongest, most disciplined, best equipped military and intelligence service in the world, and then pray you never have to use them. They also need to learn that sometimes, to stay safe, you have to do things that are, shall we say, unpleasant. If someone were trying to kidnap your kid, do you worry about whether they were abused as a child, do you worry that if you shoot them someone's mother will lose their child? No, you shoot them and save your kid. Our military and our intelligence services have had to do a lot of unpleasant things since 9/11, and our kids are safe. I say God bless 'em and Eric Holder is a coward.
[...] The CIA And The Statute Of Limitations [...]
Excellent! I truly believe that if the media had been doing it's proper job, acting as the role of impartial watchdog, we would not be in this mess. NBC, ABC, MSNBC are the worst offenders. I always suggest that those people most upset by media bias TURN OFF THOSE STATIONS and never watch them, ever. If you have favorite shows on those stations, give them up for the sake of our democracy.
I have still not decided if I will go to D.C., but I feel like I will be sorry if I don't.
It looks like you're right about the statute of limitations, Bob, but that doesn't mean that the question shouldn't be asked. If America is going to be the moral authority for the world — which I think it should be — then it needs to take responsibility for its own actions.
AG Holder wants to play Hardball with the CIA and Dick Cheney?
AG Holder will be taken back to school and will end up a loser in the end.
AG Holder has no experience to deal with the Big Boys, Obama, Holder and the rest of the
Czars will soon be out of power.
We have the best System in the World, we will be rid of these Radicals soon.
And whats-with this new Logo Obama uses for America?
It looks like a Magnet Sucking on the American Flag?
Or a Horse Shoe Hung the Wrong Way?
Never in our Country's history has any President created and promoted a new Symbol/Logo for America.
There may have been Patriotic Signs made, but never have we seen the use of a logo after the President has
been elected.
Personally, the Logo should be put to bed. The election is over, the Country will never be ObamaLand, so please put this ridiculous Symbol Away and only fly our American Flag in our Country, on Earth and the Moon, Mars and Spacecraft in Space.
The best Country in the World, God Bless the United States and all who have fought for us.
Always Faithful,
Semper Fi
That too.
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