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Click Here: <A HREF="http://slate.msn.com/pol/01-09-18/pol.asp";>Did We
Handcuff the CIA? - The national securit�</A>
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Don't Worry About Wiretapping Yet
Phony Politicking for the CIA
Dispatch From a Divided Europe
162 Songs You Won't Hear on the Radio






Did We Handcuff the CIA?
The national security hawks say yes. The CIA says no.

By David Corn
Posted Tuesday, Sept. 18, 2001, at 12:30 p.m. PT



Before the remains of the World Trade Center had even cooled, national
security hawks took to the airwaves to blame CIA reforms for the failure of
the intelligence community to detect and prevent the attack.

"We were basically spying with one arm tied behind our back," said R. James
Woolsey, CIA chief in the early 1990s, on CNN's Late Edition With Wolf Blitzer
, citing 1995 CIA guidelines that regulate the recruitment of sources who
have a history of criminal activity and human-rights violations. "These
restrictive limitations on not being able to recruit people who have some
violence in their past as spies were ridiculous."

On Crossfire, Woolsey claimed these regulations "make it difficult to
penetrate terrorists. ... It's like telling the FBI to penetrate the Mafia
without putting any criminals on its payrolls." Ambassador Paul Bremer, who
chaired a national commission on terrorism, chimed in, telling CNN that the
Church Committee, the Senate panel that investigated CIA misdeeds in the
1970s, did "a lot of damage to our intelligence services. ... And the more
recent problem was that the previous administration put into effect
guidelines which restricted the ability of CIA agents to go after ...
terrorist spies." President George Bush the First, a past CIA chief, and Vice
President Dick Cheney concurred. Sen. Richard Shelby of Alabama, the ranking
Republican on the intelligence committee, blasted the regulations and
demanded that the country "take the wraps off" the spies.

The Senate took steps to do just that last Thursday by passing "The Combating
Terrorism Act of 2001," part of which instructs the CIA to rescind the 1995
guidelines. But despite all the vamping, removing the guidelines won't help
the United States wage its new war on terrorism. And there's no indication
the CIA even wants the rules lifted.

The 1995 guidelines were written after the press revealed that a thuggish
Guatemalan military official, who had been involved in the murder of an
American hotelier and the torture and murder of a rebel leader married to an
American, was on the CIA payroll. (By the way, the agency had withheld
information from Congress about its relationship with this killer.) The
guidelines have never been made public, but CIA officials have described them
to Hill staffers and intelligence-watchers. The rules compel CIA case
officers to notify headquarters when they recruit a violent brute as a
source, and they require the recruitment be reviewed at a senior level. But
they don't prohibit the CIA from working with terrorists to discover what
terrorists are doing. CIA case officers are free to seek and pay informants
within terrorist outfits. They merely have to alert supervisors back home and
receive a go-ahead.

"The fuss about these guidelines is totally a bunch of hooey," says one
government employee familiar with the rules (who cannot be identified any
further). "They do not forbid anything."

In June 2000, CIA spokesman Bill Harlow denied that the guidelines unduly
restricted the agency: "The notion that our human rights guidelines are an
impediment to fighting terrorism is simply wrong. No one knows better than we
do that when combating terrorism it is often necessary to deal with unsavory
individuals. But we do so with eyes wide open and appropriate notification to
senior officials."

Harlow noted that the CIA has "never, ever turned down a request to use
someone, even someone with a record of human rights abuses, if we thought
that person could be valuable in our overall counterterrorism program." Last
year, the CIA did not back an effort in Congress to kill these rules, which
can be rescinded by the CIA director or the president without the passage of
legislation.

While the hawks argue the guidelines discourage risk-taking in the field, the
rules may well enhance derring-do. A case officer who recruits a terrorist as
a source under the guidelines is protected from a reprimand from above if the
terrorist takes part in, say, a bombing plot.

Penetrations of tightly knit secret organizations, a task that the agency has
never done well, won't be improved by erasing the guidelines. Those who blame
the current crisis on intelligence reformers deceive the public by falsely
raising expectations�just get rid of these pesky rules, and the CIA will be
inside Osama Bin Laden's tent. And, more importantly, all their huffing
distracts the nation from the actual intelligence failures that preceded
Sept. 11.


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Join The Fray  What did you think of this article?



Reader Comments From The Fray:


[Notes from the Fray Editor: Max said "Intelligence failures? We were sitting
ducks�It was a common sense failure."]


One problem with the CIA is the Cold War habit it developed of favoring
covert action over intelligence gathering, and some of those covert actions
have a great deal to do with why we are not universally loved. Iran and
Guatemala in 1954, Chile in 1973--we overthrew legitimate elected governments
because we didn't like them, and installed murderous right wing ones that we
preferred. By what right? I don't know, I've never known, and many people
around the planet also don't know. bin Laden (if it is he) may find many of
his recruits from some of those people. I wish that were not true, I wish we
were as innocent as we like to think, but we're not

--Kassandra

(To reply, click here.)


ACLU members shudder to think how many human rights are violated before the
CIA can get truly valuable information about who these guys are and what
they're up to. As a free society, it's hypocritical (or ethnocentric) to
worship the rights of individuals in this country then say they don't matter
in others. That said, Realpolitik reminds us that nobody does exactly what
they say they do, so what does it matter? Just as long as they protect
us--screw what they do to others.

--Donjohn8

(To reply, click here.)

(9/18)




David Corn, Washington editor of The Nation, is author of the political novel
Deep Background.
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