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The War
Profiteers - War Crimes, Kidnappings, Torture and Big Money |
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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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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 No. 5:04-CR-211-(BO)-1 Excerpt of the Government’s Sentencing
Memorandum from February 12th, 2007: “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. […]” Selected Documents from the Court File February 21st, 2007 - Notice of Appeal February 12th, 2007 - Government’s Sentencing
Memorandum 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
Defendant'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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