CIA Contractor asks civilian court to dismiss case

David Passaro (ex-special forces soldier), contractor to the CIA in Afghanistan, charged for the beating death of Afghan detainee, has appealed for the charges against him in a civilian court to be dismissed. He claims that the beatings he allegedly inflicted on prisoner Abdul Wali (1) did not take place on US property and (2) were meted out under "orders" from the military command.

He does not seem interested in contesting the fact that he is alleged to have beaten and kicked Wali with his fists, feet and a metal flashlight over the period of two days until he died. The charges, assault, can carry a maximum sentence of 40 years, although most would agree such a still sentence is highly unlikely.

(For a near eye-witness account of Wali's sad end, listen to this compelling report by Hyder Akbar, then an 18-year old American-raised Afghan aid to the Governor in Kunar province, which was produced by This American Life. If you don't have an hour, then either skip to minute 37, or read this.)