Tuesday, September 12, 2006 12:01 a.m. EDT
What would Jack Bauer do? If he worked at the CIA in real life today, the anti-terror hero of Fox's “24” would apparently be buying insurance in case the ACLU or John Kerry decided to sue or subpoena him for protecting America with too much vigor.
The Washington Post reported yesterday that more CIA counterterrorism officers are signing up for private insurance that would pay for civil judgments and legal costs if they are sued or charged with a crime. These are the agents who interrogated Khalid Sheikh Mohammed, Abu Zubaydah and other jihadis, using what President Bush last week called methods that were legal but “tough.” Those methods succeeded in breaking these men into divulging information that led to the arrest of other al Qaeda bigs, and to the foiling of plots that could have killed thousands.
“ 'There are a lot of people who think that subpoenas could be coming' from Congress after the November elections or from federal prosecutors if Democrats capture the White House in 2008,” wrote the Post, quoting a retired intelligence officer close to the CIA's Directorate of Operations, which conducted the interrogations. This is not paranoia. We reported yesterday how Carl Levin, the Michigan Democrat, is blocking Bush nominees simply for having been mentioned in passing in emails about Guantanamo. Some of us also remember the infamous Frank Church hearings of the 1970s that pilloried the CIA and weakened it for decades.
Though the government pays the premiums for this kind of insurance, it is a sorry spectacle that these agents must now fear partisan retribution for having done precisely what the country asked them to do. The story is one more reason Congress should follow through on Mr. Bush's request to put its stamp of approval on such interrogations, including ex post facto immunity for these CIA officers.
Intelligence is the front line of this anti-jihadi conflict, and the danger from the current political second-guessing is that CIA officers will go back to the FBI's law enforcement mentality of reading terrorists their Miranda rights that failed the country leading up to 9/11. The country needs Jack Bauer insurance, too.
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