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Something is fishy here, what it is isn't exactly clear


See Woman Accused in Rendition Case Sues for Immunity,
by Scott Shane for the New York Times, May 14

A former American official charged with kidnapping in Italy in the 2003 seizure of a radical Muslim cleric filed a lawsuit on Wednesday seeking to force the State Department to invoke diplomatic immunity to halt the prosecution.

The Italians say Sabrina De Sousa is CIA, and was involved in the Feb. 2003 rendition of Abu Omar and want to prosecute her for it. She says she's not CIA and wasn't involved, swears she was a diplomat and is willing to sue in U.S. district court over it.  Scott Shane apparently found some "former agency officials" who told him that she had worked for the CIA.

Ms. De Sousa is suing the State Department because

"The government sent me to Italy to represent this country and then basically abandoned me." Ms. De Sousa called it "inexplicable" that the government had not invoked diplomatic immunity. "I'm still at a loss as to why this country is allowing the case to head toward conviction," she said.

Then there's this fishy response Shane got:

State Department officials declined to comment, noting that the case is at a highly sensitive stage. In March, Italy's Constitutional Court ruled that Italian prosecutors had violated state secrecy in gathering evidence in the case, and it is uncertain whether the prosecution will continue.

But the State Department officials, speaking on condition of anonymity, that they had been very active and "are pursuing every avenue to try to bring this case to a satisfactory resolution." They noted that most of the alleged officers charged in the rendition were not under diplomatic cover and would not qualify for immunity.

Legal experts said that intelligence officers serving under diplomatic cover often claim immunity when facing criminal charges overseas. But Curtis A. Bradley, a Duke law professor specializing in international law, cautioned that "consular immunity," the category that presumably would apply to Ms. De Sousa, was limited by treaty to "acts performed in the exercise of consular functions."

If she is CIA, is she angry about being made to take a fall for someone? If she's not, are they using her as a sacrificial lamb? The State Dept. anonymouse statement that the case is "at a highly sensitive stage" certainly suggests something or someone is being protected. I imagine they are not happy at the prospect of the American judicial system now being involved.  Maybe just dirty laundry could be exposed, maybe something much bigger?

I am going to try to follow the news updates in comments on this thread if I have time--participation by others welcome.

 


23 Comments

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Interesting, indeed.

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I too caught the fishiness when I read about this. Thanks for staying on this!

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Right now I'm remembering that other case, I assume it's another one, where Italy indicted something like a dozen spooks for some kind of rendition or attempted rendition. I wonder if they're connected.

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Here's a bbc link to the kidnapping from '03 and the indictments in '07:

http://news.bbc.co.uk/2/hi/europe/6368269.stm

Those indicted include the former station chief of CIA operations in Milan, Robert Seldon Lady, who says his opposition to the proposal to kidnap the imam was over-ruled.

Could it be that this case somehow relates to the rendition and torture issues that are now threatening to break wide open? Seems like the station chief might be an interesting person for someone to contact now.

Could it be that Italy's pursuit of this case is bumping up against war crimes discoveries? And thus you'd have one more European judiciary looking into the whole issue of war crimes.

The case would be the first criminal trial over the secret US practice known as "extraordinary rendition".
....
Most of the indicted US citizens are believed to have returned home from Italy.

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What if the woman was a "contractor" and, like the torture cases, the station chief was over-ruled by a contractor, possibly one receiving orders from cheney's office?

I know nothing of this. But once you see the finger prints in terms of torture and how it occurred, it makes you wonder about the renditions that were the first step in the torture process.

The fishiness must be due to the secrecy of the whole business and the illegality in terms of international law.

If the court process comes to end via a technicality, as Ellen is suggesting, then that may close the Italian case. But there still may be threads someone could pull here - to get at what these folks were doing in Italy in 2003.

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The rendition occurred on Feb 17 of 2003. (Not that they're connected, but for reference, Powell presented to the UN on Feb 5, 2003) Thus this was about a month before the invasion of Iraq. At exactly the time the bush folks were desperately looking for proof of a connection between Iraq and al Qaida.

Makes you wonder...

There's got to more here.

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CIA apparently misled Italy for over a year about the whereabouts of Abu Omar:

http://www.washingtonpost.com/wp-dyn/content/article/2005/12/04/AR2005120400885.html

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The WaPo story linked above has a different view of the CIA Official Robert Lady as being the one in charge of the rendition.

In addition, this interesting paragraph:

One enduring mystery surrounding the case is why the CIA would want to abduct Nasr in the first place.

Were they looking for a connection between Iraq and al-Qaida? Were they hoping the Egyptians could persuade him in that direction?

Recent events sure make one wonder, don't they?

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Yes, this is indeed very fishy, since Sousa role is said to be providing the false documents that enabled the rendition of the imam. I couldn't help but think of another case of false documents originating in Rome, the yellowcake forgeries, said to originate with the Italian security service, SISMI. Perhaps in the spy-world, false documents are common, but I find it at least worth of curiousity that there are two instances now of false documents related to the Iraq war and originating in Italy.

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Undercover or 'paid informant'. Good, good movies made playing on this dichotomy. Then you add in the problem of double agents.

Who is to say?

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If she is CIA, is she . . . being made to take a fall for someone?

There are 26 Americans and seven Italians on trial, currently. Some or all of them are represented by lawyers.

Is the USG paying for any of these defendants' legal costs?

N.B. I suspect, given the Italian Constitutional Court's recent procedural decision, that everyone hopes the prosecutors' case will show itself to be unwinnable, it will be dismissed, and everyone can just go home.

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.

And ... then . . .

They'll all live happily thereafter ... Fini ... roll credits.

How's that for a poke in the eye?

~OGD~

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Ellen, some in Italy remember the Dept. of Navy (mostly marine corps) pilots who clipped the gondola cable at an Italian ski resort costing several civilian lives. There are smoldering memories of the legal outcome. Careers may have been damaged but no serious legal consequences followed for any of the aviators involved. The Italians in that case deferred to US military courts.

This time they've held onto jurisdiction.

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Hi Mike!

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Didn't Valerie Plame say that as a "NOC" if she was caught in a foreign country the government would disavow any knowledge of her?

http://en.wikipedia.org/wiki/Non-official_cover


Non-official cover is contrasted with official cover, where an agent assumes a position at a seemingly benign department of their government, such as the diplomatic service. This provides the agent with official diplomatic immunity, thus protecting them from the steep punishments normally meted out to captured spies, instead usually resulting in the agent being declared persona non grata and ordered to leave the country. Agents under non-official cover do not have this "safety net", and if captured or charged they are subject to severe criminal punishments, up to and including execution.

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I think it has to be a threat. A court's not going to force the federal government (specifically, the executive branch) to assert immunity. More likely, this "state secrets" screw-up will make the whole case disappear. That's a win-win for both italy and the United States. The pressure on the italian government must be considerable.

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But a lose-lose for justice and honor. Kidnapping? Rendition? OK as long as we don't get caught?

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Fair enough.

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You really want to dig deeper on this? Start looking for her "Brewster Jennings and Associates".

Find her cover and it is easier to track where she may have been and what she might have been doing.

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Scratch that... She was with State Dept.. At the embassy in Italy, most likely?

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Milan Judge Says C.I.A. Trial to Continue, With Restrictions
By Elisabetta Povoledo
May 21, 2009 NY Times

Italian trial of CIA agents will continue, judge rules
The judge turns down a defense request to end the trial, but upholds exclusion of some evidence in the 'rendition' case.
By Maria De Cristofaro and Sebastian Rotella
May 21, 2009 LA Times

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