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The
War Profiteers - War Crimes, Kidnappings & Torture |
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CIA Lawsuits: U.S. vs. David Passaro |
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“A former CIA contractor who was the first civilian
charged with detainee abuse in the U.S. wars in Afghanistan and Iraq was
sentenced on Tuesday to more than eight years in prison for assaulting an
Afghan prisoner who later died. […] Passaro was convicted of beating Abdul
Wali, who died of his injuries two days after a June 2003 interrogation.
Prosecutors said Passaro hurt the prisoner so badly that he pleaded to be
shot to end his pain. […]” - Excerpt of an article by Reuters from
February 13th, 2007. |
CIA contractor David Passaro (left) and
his victim Abdul Wali (right) |
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April 6th, 2010 - Ex-CIA Contractor’s
Prison Term Reduced in Appeal 1 news
article from the Associated Press August 11th, 2009 - Court Upholds CIA Contractor’s
Detainee Abuse Conviction 1 news article
from Agence France Presse March 27th, 2009 - Former CIA Contractor
Appeals Assault Conviction 1 news
article from the Associated Press February 13th, 2007 - Ex-CIA Contractor Gets 8
Years for Prisoner Abuse 1 news article by
Reuters October 27th, 2006 - Judge Upholds Passaro
Conviction 1 news
article by the Associated Press September 22nd, 2006 - Passaro Found Guilty of
Assault 1 news article by
the Associated Press August 17th, 2006 - Jury Finds Passaro Guilty 1 news article by
the Associated Press August 16th, 2006 - Defense Rests in Passaro Case 1 news article by
the Associated Press August 12th, 2006 - Doctors: Wali Died from
Internal Injuries 1 news article by
the Associated Press August 10th, 2006 - Soldiers Say CIA Questioner
Hit Detainee 1 news article by
the Associated Press August 9th, 2006 - Witness: Passaro was ‘Full
of Rage’ 1 news article by
the Associated Press August 9th, 2006 - CIA Questioner Was Enraged,
Witness Says 1 news article by
the Associated Press August 7th, 2006 - Ex-CIA Contractor on Trial
in Beating 1 news article by
the Associated Press June 3rd, 2005 - Passaro Accused of
Beating Girlfriend 1 news
article by the Associated Press April 13th, 2005 - Interrogator Says U.S.
Approved Handling of Detainee Who Died 1 news article by
the Washington Post July 21st, 2004 - CIA Secrecy at Issue in
Beating Case 1 news
article by CNN June 19th, 2004 - A Man of Violence, or Just
‘110 Percent’ Gung-Ho? 1 news
article by the New York Times June 18th, 2004 - Contractor Indicted in
Afghan Detainee’s Beating 1 news article by the New York Times |
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Criminal
Proceedings against David Passaro U.S. vs. David Passaro U.S. District Court for the Eastern
District of North Carolina, Western Division Case No.: 5:04-CR-211-(BO)-1 Filed on June 17th, 2004 April 6th, 2010 - Amended Judgment “[…] The defendant is hereby committed to the
custody of the United States Bureau of Prisons to be imprisoned for a total
term of Count 2 - 80 months Counts 1, 3 and 4 - (6) months per count to run
concurrent each other and concurrent with Count 2. “The court makes the following recommendations to
the Bureau of Prisons: The Court recommends FCI Rochester for incarceration.
[…]” U.S. vs. David A. Passaro U. S. Court of Appeals for the Fourth
Circuit Case No.: 07-4249 Filed on March 12th, 2007 August 10th, 2009 - Judgment & Opinion “[…] In accordance with the decision of this Court,
the judgment of the District Court is affirmed in part and vacated in part. This
case is remanded to the District Court for further proceedings consistent
with the Court’s decision. […] “[…] This case has required us to determine whether
a federal court has jurisdiction over the trial of an American citizen for
committing brutal assaults abroad. Congress has determined that individuals
committing such crimes on the premises of United States military missions
abroad are subject to prosecution in United States federal courts. The
Executive has determined to bring the first such case against David Passaro.
We are satisfied that Passaro received a fair trial from a conscientious
jury, in a court that had jurisdiction to try him. Thus, after careful
consideration of the challenges Passaro presents, we affirm Passaro’s
conviction in all respects. In light of the conceded sentencing errors,
however, we vacate Passaro’s sentence and remand for resentencing. […]” U.S. vs. David Passaro U.S. District Court for the Eastern
District of North Carolina, Western Division Case No.: 5:04-CR-211-(BO)-1 Filed on June 17th, 2004 February 21st, 2007 - Notice of Appeal February 12th, 2007 - Government’s Sentencing
Memorandum “In June of 2003, Defendant David A. Passaro was an
independent contractor working in Afghanistan on behalf of the United States
Central Intelligence Agency (‘CIA’). Defendant Passaro was engaged in
paramilitary training activities in support of the United States military
personnel at the Asadabad Base in the Kunar Province. “Asadabad Base is a forward operating base located
in the northeastern corner of Afghanistan near the border with Pakistan. The
base was subjected to rocket attacks; however few if any rockets actually
impacted on the base during Defendant’s brief time at the base. “Abdul Wali, a local Afghan farmer, was among a
group of individuals who were suspected of the attacks. On June 18, 2003,
Wali, hearing that he was implicated in the rocket attacks, presented himself
to then Governor Said Akbar in attempt to clear his name. Governor Akbar
encouraged Wali to present himself to the Americans, answer their question
and clear his name. As a sign of personal support for Wali, Governor Akbar
sent his son Hyder Akbar to the American base. “Wali was met at the gate by Chief Warrant Officer
Brian Halstead, Defendant Passaro and an interpreter. Wali was initially
questioned with young Akbar acting as an interpreter. Passaro acted
agressively toward Wali, often yelling accusations and glaring at Wali in an
apparent attempt to intimidate Wali. Due to the Defendant’s openly hostile
demeanor Akbar asked to be relieved of his interpreter duties and was
replaced by a local Afghan contract interpreter. The Defendant requested Wali
to be taken into custody and the session ended with the Defendant
prophetically asking Wali if there were any personal effects he wished given
to his family. “Wali was detained in a small primitive holding cell
on the base built during the Soviet era. The cell had one door and no windows
and no meaningful ventilation system despite the average ambient temperatures
in the region in excess of 100 degrees. “The first twenty-four hours of the Wali’s detention
were fairly unremarkable. He was guarded by elements of the 82nd
Airborne Division assigned to the base. Although physically restrained with
shackles and menacles, Wali was preiodically permitted to sit, sleep and eat.
He was questioned by Passaro’s superior Steve and Sergeant Marty Dixon,
during which time Wali conistently denied any involvement in the rocket
attacks. “On June 19, 2003, Defendant Passaro took control of
the questioning process. Passaro instructed the guards that he alone would be
the source of food for Wali and to maintain Wali in a series of ‘stress
positions’ designed to weaken his resistance. Passaro further told the guards
that while they could not strike Wali, he had different rules which permitted
him to administer any force so long as it was not life-threatening. “Passaro returned to the cell block that evening and
staged a ficticious beating in the cell adjacent to Wali’s. During this time
Passaro would scream at his imaginary subject, bang boards together
presumably to simulate a beating, with his Afghan interpreter screaming in
false agony. Passaro, the interpreter and the guards then entered Wali’s
cell. Wali was secured to the floor, his hands restrained and his head
covered with a sandbag. Passaro then questioned Wali for approximately 45
minutes to an hour seeking a confession and locations of weapons caches. Wali
again denied any knowledge or involvement in the attacks, each time being met
with the striking of his hands, legs, knees and shins with a four cell
maglite. The session ended with Passaro kicking the unwitting Wali in the
groin with his shod foot. The kick was with sufficient force to lift Wali off
the ground. Passaro, deciding to take a break, stepped outside where the
guards completed their shift change. Aproximately ten minutes later they
returned to the cell and resumed the process of placing Wali in stress
positions, Passaro questioning and striking Wali with the maglite. This
second session lasted approximately one hour and was ended when Passaro again
administered a kick to Wali’s groin which sent him crumbling to the floor in
obvious pain. Throughout the two hour session, despite the application of
physical coercion, Wali maintained his innocence. “On June 20, 2003, Wali expressed difficulty in
urination and that night asked for the Defendant. The Defendant returned to
the cell in an aparent intoxicated state and in possession of a partially
consumed alcoholic beverage. Passaro questioned Wali for approximately one
hour, hitting him this time with a high intensity spotting light. “On June 21, 2003, Wali, exhibiting the effects of
his maltreatment, began acting disoriented and belligerent towards the
guards. He entreated the guards to shoot him, and made an attempt to grab one
guard’s sidearm. The Defendant was summoned and administered first aid, which
included kicking Wali’s prostrate body. Wali was pronounced dead
approximately twenty minutes later. Passaro was told by members of the
military of the body was not claimed, it would be taken to Bagram Air Base for
an autopsy. It Was at this time that the Defendant took it upon himself to
contact the Governor’s Office to arrange for disposal of the body. Defendant
telephoned Hydar Akbar and warned him that the body would be autopsied if it
was not claimed quickly. Wali’s body was claimed by his family later that
same afternoon and an autopsy was never performed. […]” October 25th, 2006 - Order denying Motion for
Judgment of Acquittal as to David Passaro August 17th, 2006 - Jury Verdict February 17th, 2006 - Order denying Motion to
Dismiss Indictment August 11th, 2005 - Order as to David Passaro
denying Motion to Dismiss Indictment June 27th, 2005 - Supplemental Memorandum in
Support of Motion to Dismiss for Lack of Jurisdiction November 15th, 2004 - Government’s Opposition to
Def.'s Motion to Dismiss for Lack of Jurisdiction November 1st, 2004 - Motion & Memorandum in
Support of Motion to Dismiss for Lack of Jurisdiction July 30th, 2004 - Dear Tom, … Letter
from Gerald Beaver to Thomas McNamara June 17th, 2004 - Indictment February 10th, 2004 - Dear Mr. Passaro, … Letter from Michael P. Sullivan to David
Passaro |
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August 17th, 2006 - Statement by CIA
Director Hayden On the Conviction of David Passaro Press Release by
the Central Intelligence Agency “[…] I think it is very important for all of us to
bear in mind that Passaro’s actions were unlawful, reprehensible, and neither
authorized nor condoned by the Agency. As soon as these allegations came to
light in 2003, they were reported to managers in the field and relayed to
Headquarters. The CIA’s Inspector General immediately began an investigation
and referred the matter to the Department of Justice for criminal
prosecution. “I want to commend the Office of Inspector General
and the Office of General Counsel for their outstanding work in supporting the
successful prosecution of this case. As abhorrent as this situation was, it
is a fact that we, as an Agency, did not sweep it under a rug. We addressed
it head-on and dealt with it swiftly. “During my travel overseas, I have had opportunities
to see first hand the outstanding work being done by our Agency's officers
and contractors in some difficult conditions. They are courageous,
law-abiding, and represent the very best of CIA. At a time when the
conviction of Passaro will undoubtedly result in negative publicity about the
Agency, it is important for all of us to remember that his actions were
totally inconsistent with the normal conduct of CIA officers and contractors,
who reflect the core values of our nation and, day in and day out, are
risking their lives to help keep all Americans safe. […]” June 17th, 2004 - CIA Contractor
Indicted For Assaulting Detainee Held In Afghanistan Press Release by
the U.S. Department of Justice “[…] Attorney General John Ashcroft, Assistant
Attorney General Christopher A. Wray of the Criminal Division, and U.S.
Attorney Frank D. Whitney of the Eastern District of North Carolina announced
today that a federal grand jury in Raleigh, North Carolina, has indicted a
North Carolina man for assaulting an Afghan detainee on a U.S. base in
Afghanistan. “David A. Passaro, 38, a resident of Lillington,
N.C., was named in a four-count indictment returned today in U.S. District
Court in Raleigh, N.C. Passaro was arrested this morning in Fayetteville,
N.C., and he is scheduled for an initial appearance before a federal
magistrate judge in Raleigh today. “The indictment alleges that Passaro was working as
a contractor on behalf of the Central Intelligence Agency, and that he was
engaged in paramilitary activities in support of the U.S. military at a base
in Kunar Province, Afghanistan, near the town of Asadabad. The base was
called Asadabad Base. “The indictment further alleges that defendant Passaro
and military personnel took into custody an Afghan man named Abdul Wali, who
had surrendered himself at the front gate of the Asadabad Base. Wali was
suspected of participating in rocket attacks on the base. Wali was placed in
detention in a cell on the base. “The indictment further alleges that on June 19 and
20, 2003, Passaro interrogated Wali about the rocket attacks, and that during
these interrogations Passaro beat Wali with his hands and feet and with a
large flashlight. Wali died, it is alleged, on June 21, 2003, in his cell on
the Asadabad Base. “‘As President Bush has made clear, the United
States will not tolerate criminal acts of brutality and violence against
detainees such as those alleged in this indictment,’ said Attorney General
Ashcroft. “The types of illegal abuse detailed run counter to our values and
our policies and are not representative of our men and women in the military
and associated personnel serving honorably and admirably for the cause of
freedom.’ […]” |
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Background & Trial Photo 1)
David Passaro - undated - Familyphoto; 2)
Abdul Wali - undated - unknown origins/Associated Press; 3)
Former CIA contractor David Passaro speaks to the media in front of the North
Carolina Federal Building in this file photo in Raleigh, N.C. Passaro was
released from custody pending a trial for a June 2003 beating of a prisoner
in Afghanistan who later died. - August 27th, 2004 - Sara D.
Davis/Associated Press; |
David Passaro during proceedings in 2004 |
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