The Question of Liability Stirs Concern at the C.I.A.

[DoYouEverWonder]

September 16, 2006

WASHINGTON, Sept. 15 — Behind the debate between Congress and the White House over the proper treatment of terror suspects is an old fear at the Central Intelligence Agency: that officers could be vulnerable to lawsuits, or even criminal prosecution, for actions they believed at the time complied with administration policy.

Legislation proposed by the White House would address that concern head-on by offering retroactive protection for some actions taken since the Sept. 11 terrorist attacks. Specifically, it would amend the War Crimes Act to prohibit only certain “serious violations” of a provision of the Geneva Conventions, including torture, murder and other clearly unsanctioned acts.

The distinction is a crucial one, because the War Crimes Act prohibits any violation of Common Article 3 of the Geneva Conventions, which outlaws “outrages upon personal dignity” and “humiliating and degrading treatment.” In view of the Supreme Court’s ruling in June that Common Article 3 applies to all interrogations of terror suspects, some harsh techniques used by C.I.A. or military officers since 2001 could be viewed as illegal under the existing law.

The plan favored by the White House bans what it defines as “serious violations of Common Article 3,” including murder, torture and the use of biological experiments. The alternative favored by a group of Republican senators led by Senator John W. Warner of Virginia, chairman of the Armed Services Committee, does not introduce any such distinction.

http://www.nytimes.com/2006/09/16/washington/16legal.html

The CIA isn't the only place that is concerned. Bush & Co are in a panic too and Bush knows he can't twist enough arms to change enough laws quick enough to save his sorry ass.