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The War On Terror: Enemy

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Lawfare 1, CIA 0
by James Dunnigan
March 15, 2005

Discussion Board on this DLS topic
Lawfare is hurting the CIA’s ability to gather information, and capture or kill terrorists. Lawfare is the use of lawsuits, against the CIA, individual CIA agents, and other government officials, by domestic and foreign opponents to whatever the government is doing. Sometimes the suits have merit, sometimes they don’t. But fear of litigation is causing many CIA operatives to back off from many operations. For example, if you pay a foreigner for information on terrorists, and later the informant turns out to be a drug lord, with blood on his hands, and he gave you bad information in the bargain, you could get sued for supporting drug lords, and accused of being incompetent for getting burned with bad info. Accusations of torture are also tossed around freely, and this has turned into lawsuits as well. Back in the Fall of 2003, as terrorist attacks increased in Iraq, intelligence officers were tempted to lean on suspects a little more, in order to get life-saving information. A prudent man, in that situation, would take the long view, go by the book, and save his career. There are always operators out there who will take chances, and damn the possible consequences. Lawfare practitioners live to find and sue these fellows. Not all chance takers fall prey to lawfare attacks, either because they don’t get caught, or because their payoff is so obvious and spectacular that they become untouchable. But the call for justice and “fighting by the rules” has a wide appeal, especially to people on the other side of the political fence. Most of the damage is being done to the majority of intelligence operatives who just do their job, and don’t like to take chances. The threat of a lawfare attack makes sure these folks take no chances. 


See Jim Dunnigan's interviewed about his latest book The Perfect Soldier on ireadnet.com

The Perfect Soldier: Special Operations, Commandos, and the Future of Us Warfare by James F. Dunnigan

More Books by James Dunnigan

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