July 19, 2007:
The latest
case of intelligence leaks actually
makes past leaks to the press look good. In this case, CIA personnel who
opposed the secret prisons for terrorists program, proceeded to assist an investigation run by
the Council of Europe into the program. This is not only going to render
American personnel more vulnerable to lawfare, but it will also make gathering
intelligence harder - both with sources recruited by American agencies, and
cooperation with other countries' intelligence agencies.
One facet of these
problems is lawfare in Europe. Already, there has been a lawsuit filed in
Germany by the Center for Constitutional Rights. The suit, targeting former
Defense Secretary Donald Rumsfeld, Attorney General Alberto Gonzales, and
former CIA Director George Tenet, is aimed at getting the German government to
investigate alleged war crimes that have, to date, been shown to have little
basis in reality. Germany was selected as a venue for this lawsuit due to the
fact that it claims universal jurisdiction over war crimes. This means that any
war crime committed by anyone anywhere on the globe can be tried in a German
court. And anyone can bring a suit in a court in the Western world.
That is not the only
threat. Germany is charging thirteen CIA operatives in connection with the
capture of one suspected terrorist. Italy has charged 26 with the capture of
another suspected terrorist. Here, the risk is that operatives trained to work
in these countries can't work there - or in any country with an extradition
treaty. In essence, the hundreds of thousands of dollars to train these
personnel are now down the drain.
The other problem is that
again, sources will get nervous. The information given to the European Union
investigation could help terrorists' counterintelligence efforts. This is
because they will know what the United States knows about them. This means they
can figure out who is snitching and deal with the snitch. Said snitch's fate is
not going to be pleasant, and it will be used to keep others from talking as
well. The GRU reportedly videotaped one snitch's execution and showed it to
recruits. Similarly, foreign intelligence agencies will also cut back on their
information sharing. They have to protect their sources from exposure.
This is an escalation in
both the leaks and the potential for lawfare. Many past leaks were to major
media outlets - which are, in essence, privately-funded watchdogs on the
government. They have, in the past, exposed some abuses. The leaks for the
report for the Council of Europe are a different thing, though. This time, the
leaks were to an entity outside the United States. Worse, some European courts
have shown an inclination to pursue cases on behalf of terrorists, and American
human rights groups have been trying to take advantage of that.
Lawfare has gone
international, and it has the potential to not only make life miserable for
American officials who go abroad, but it will also complicate relations between
the United States and European allies. Worse yet, these leaks could help
al-Qaeda pull off the next successful attack. In essence, terrorists' rights
are being seen as more important than stopping attacks. Worse, that sort of
thinking is apparently held by some in an agency whose mission is to protect the
United States. - Harold C. Hutchison ([email protected])