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Often enough, commentators talk about the prospect that some foreign prosecutors will open criminal cases against Americans involved in some of the Bush Administration’s criminal enterprises, such as the operation of the torture black sites. But such cases are not speculative. They are already pending, and the most advanced of them is now coming close to the conclusion of the trial phase. In Milan, Italian prosecutors are pursuing kidnapping and assault charges against 26 American officials—CIA officers, diplomats, and a military attaché—in connection with the seizure and torture of a radical Islamic cleric known as Abu Omar. According to some observers, the case will conclude by the end of the summer.
Now Robert Seldon Lady, the former Milan station chief of the CIA and a key defendant in the case, has surfaced with an extended interview in Il Giornale, an Italian newspaper.
According to a translation by the Associated Press, Lady has set up a defense that sounds remarkably familiar: he was just following orders.
”I am not guilty. I am only responsible for following an order I received from my superiors,” Lady was quoted as saying by Il Giornale. “It was not a criminal act. It was a state affair. I find consolation in reminding myself that I was a soldier, that I was at war with terrorism, and that I could not discuss the orders I received,” he was quoted as saying. “I have worked in intelligence for 25 years, and almost none of my activities in these 25 years were legal in the country in which I was carrying them out.”
From a number of reports, Lady was intensely critical within CIA circles of the proposed effort to snatch Abu Omar. As it turns out, Italian prosecutors were on the verge of arresting and prosecuting Abu Omar before the CIA interceded. Chief Italian prosecutor Armando Spataro stated that the criminal case against Abu Omar was demolished by the CIA action. But Lady opposed the action, noting that it would be understood by the Italians as a crime and would badly damage the relationship with a NATO ally which was supporting the United States in Iraq and Afghanistan. It turns out that Lady assessed the situation with perfect accuracy. It’s a shame that his bosses in Langley didn’t listen to him. However, “only following orders” is also known as the Nuremberg defense, and the problem is that it is no defense at all.
More from Scott Horton:
Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
Freddie Gray’s relatives arrived for the trial in the afternoon, after the prep-school kids had left. By their dress, they seemed to have just gotten off work in the medical and clerical fields. The family did not appear at ease in the courtroom. They winced and dropped their heads as William Porter and his fellow officer Zachary Novak testified to opening the doors of their police van last April and finding Freddie paralyzed, unresponsive, with mucus pooling at his mouth and nose. Four women and one man mournfully listened as the officers described needing to get gloves before they could touch him.
The first of six Baltimore police officers to be brought before the court for their treatment of Freddie Gray, a black twenty-five-year-old whose death in their custody was the immediate cause of the city’s uprising last spring, William Porter is young, black, and on trial. Here in this courtroom, in this city, in this nation, race and the future seem so intertwined as to be the same thing.
Average speed of Heinz ketchup, from the mouth of an upended bottle, in miles per year:
After studying the fall of 64,000 individual raindrops, scientists found that some small raindrops fall faster than they ought to.
The Playboy mansion in California was bought by the heir to the Twinkie fortune, and a New Mexico man set fire to his apartment to protest his neighbors’ loud lovemaking.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”