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Thursday
Feb172005
Thursday, February 17, 2005 at 04:46AM
A contract interrogator for the Central Intelligence Agency,
charged with beating an Afghan prisoner who died the next day, is
basing his defense in part on statements by President Bush and other
officials that called for tough action to prevent terrorist attacks and
protect American lives. Documents unsealed this week in federal court
in Raleigh, N.C., show that the interrogator, David A. Passaro, 38, may
cite top officials' written legal justifications for harsh
interrogation techniques and a Congressional resolution passed after
the Sept. 11, 2001, attacks on New York and the Pentagon calling on the
president "to use all necessary and appropriate force" to thwart
further terrorism. Mr. Passaro's lawyers contend in court filings
that in passing the legislation under which their client is charged,
Congress "cannot have contemplated" the use of the law to "provide
grounds for criminal prosecution of a battlefield interrogation of a
suspected terrorist linked to constant rocket attacks." Thomas P.
McNamara, Mr. Passaro's lead defense lawyer, has officially notified
the government that he will pursue a "public authority defense." Such a
defense involves a claim that the defendant believed, even if
incorrectly, that he was acting with the authority and approval of the
government. Mr. Passaro, a former Army Special Forces soldier from
North Carolina was hired by the C.I.A. in 2003 to capture fighters from
the Taliban and Al Qaeda and question them at a base at Asadabad, in
northeast Afghanistan. He was charged in June with four counts of
assault, accused of using his hands and feet and a large flashlight to
beat a prisoner named Abdul Wali over two days. Mr. Wali, who had
turned himself in to the American military after learning he was under
suspicion of firing rockets at the base, died in his cell on June 21,
2003. On a Web site set up by friends
and relatives to raise money for his defense, www.savedave.us, Mr.
Passaro says: "The allegations against me are false! The Army had
control of the prisoner, who apparently died of a heart attack." [more]