Members
of America's spy agency don't even learn the rules.
The CIA was vastly different back then from the agency that
emerged in the days after the 9/11 attacks. And it was a far cry from the
flawed and confused organization it is today.
One reason for those flaws — and for the convulsions the agency
has experienced over the past decade and a half — is its utter lack of ethics
in intelligence operations.
It’s no secret that the CIA has gone through periods where
violating U.S. law and basic ethics were standard operating procedure. During
the Cold War, the agencyassassinated foreign leaders, toppled governments, spied on American citizens, and conducted operations with no
legal authority to do so. That’s an historical fact.
I liked to think that things had changed by the time I worked
there. CIA officers, I believed, were taught about legal limits to their
operations — they learned what was and wasn’t permitted by law.
I was wrong.
After 9/11, the CIA seemed to believe the rules of engagement had fundamentally changed. But when it came to prohibitions against torture, assassination, and other rights violations, they hadn’t. We had to fight al-Qaeda, but we should have done it within the law.
All CIA officers should have been trained in carrying out
intelligence operations ethically. That never happened — and today we can see
the results.
Let’s say you’re a CIA officer and you’ve recruited an amazing
source. Your source has direct access to the leadership of the Islamic State,
and everything he’s reported to you so far has checked out. You’ve vetted him,
so you know he’s telling you the truth about the details of his access.
One day you’re meeting with him. He tells you that he’s done
everything you’ve asked and he feels that you “owe” him. He says that he wants
a prostitute, and if you don’t get him one, he’s going to stop cooperating.
Would you?
Frankly, just about every case officer I’ve ever known would.
But what if he asks you to get him a child prostitute? Would
you do it?
The answer, clearly, ought to be no. But some case officers
would. There’s no training to say that they shouldn’t. Instead, CIA officers
are trained to violate the law. They’re in a foreign country, after all, and
they likely have diplomatic immunity. They don’t care about local laws.
Want a real-life example?
Last December, the Senate Select Committee on Intelligence issued its report on the CIA torture program, which
detailed gruesome and systemic human rights violations by agency employees. The
CIA hadn’t only tried to cover up its actions — it actually spied on the Senate’s investigators, too.
The report concluded that these brutal tactics weren’t even
useful for gathering intelligence. But that’s not the issue. The issue is that
something about the CIA’s culture, its collective mindset, allowed it to make a
crime against humanity into policy. It’s become an ethics-free zone.
Officers of the CIA, FBI, NSA, and other U.S. intelligence
agencies are told to penetrate terrorist cells and prevent attacks against
Americans. They’re pressured to “go do it” or suffer the consequences. But no
one’s able or willing to tell them the rules.
That’s what’s wrong with the CIA today. And that’s where the
moral and ethical rebuilding of the organization should begin.
OtherWords
columnist John Kiriakou is an associate fellow at the Institute for Policy
Studies. He’s a former CIA counterterrorism officer and senior investigator for
the Senate Foreign Relations Committee. OtherWords.org.