CIA interrogator to blame Bush for Afghanistan abuse

The New York Times is reporting on the trial of CIA contractor-interrogator for the physical abuse that led to the death of Afghan Abdul Wali in custody in 2003. Ex-special forces commando David Passaro was employed by a contractor of the CIA when prosecutors allege he beat and kicked Wali, causing his death. Passaro can be prosecuted for crimes occuring in US Facilities abroad under the Patriot Act. Passaro's lawyers say they will invoke the "public authority defense" saying that the defendent believed he was acting based on the words of President Bush and other officials calling for "tough action to prevent terrorist attacks."

I. Michael Greenberger, a former Justice Department counterterrorism official who now teaches at the University of Maryland law school, said Mr. Passaro's claim to have been acting under governmental authority was unlikely to result in the charges' dismissal before trial. But it may provide some leverage to Mr. Passaro if he tries to negotiate a plea agreement, he said.

"He's saying to the government, 'If you put me on trial, I'll drag in a lot of your questionable past statements,' " Mr. Greenberger said. "It could make the trial very embarrassing for the government."

While some military police officers charged with abusing detainees at the Abu Ghraib prison in Iraq have tried a similar tactic, which so far has proved unsuccessful, their cases are being handled in courts-martial. Mr. Passaro will face a civilian jury, which may find his arguments more appealing, Mr. Greenberger said.