Who in his right mind would write professional liability insurance for a CIA agent, especially one involved with interrogations of suspected terrorists? According to an article in "The New Yorker," at least one unnamed carrier is doing just that. How would such coverage even function in this outlaw world of renegade spies, facing little or no legal restraints when manhandling enemy combatants or eavesdropping on phone calls and e-mails? Read on and weigh in, if you dare!
This all came up while I was reading a rather disturbing piece by Jane Mayer in the Aug. 13 edition, headlined "The Black Sites: A rare look inside the CIA's secret interrogation program," when the following paragraph jumped out at me.
"A former CIA officer, who supports the agency's detention and interrogation policies, said he worried that, if the full story of the CIA program ever surfaced, agency personnel could face criminal prosecution. Within the agency, he said, there is a 'high level of anxiety about political retribution' for the interrogation program. If congressional hearings begin, he said, 'several guys expect to be thrown under the bus.'"
Then came the money line for this insurance reporter: "He noted that a number of CIA officers have taken out professional liability insurance, to help with potential legal fees."
No insurer was named, nor was the source, so who knows? How did the vaunted fact-checkers over at "The New Yorker" handle this situation? Good luck checking that fact!
In any case, let's assume the report is true. How would this work? Who would write such shadowy professionals, doing deeds some claim violate the Geneva Convention? Under what terms and conditions would coverage be written? At what price? How would a claim be handled? Who would want the publicity of insuring this crowd?
If you want to talk "professional" liability in this case, look out! In another part of the story, Ms. Mayer reports that "the CIA had virtually no trained interrogators" when President George W. Bush signed a secret Presidential finding authorizing the CIA to "create paramilitary teams to hunt, capture, detain or kill designated terrorists almost anywhere in the world." Doesn't sound like there were best practices available for such "pros."
Indeed, she reports the CIA turned for interrogation advice to Egypt, Jordan and Saudi Arabia, "all of which the State Department regularly criticizes for human rights abuses." Would you write interrogators in those countries?
Even if they were Americans, and they meant well, but were at risk of being sued for torturing or falsely imprisoning some terrorist suspect, would you ever cover this covert crowd? If so, how?
Comments (1)
Our intrepid managing editor, Susanne Sclafane, surfed the Web after hearing of my blog entry on professional liability coverage for CIA officers and came up with a Sept. 11, 2006 story in the Washington Post.
You can access that story at http://www.washingtonpost.com/wp-dyn/content/article/2006/09/10/AR2006091001286_pf.html.
Basically, R. Jeffrey Smith, a staff writer at the Post, reported that "CIA counterterrorism officers have signed up in growing numbers for a government-reimbursed, private insurance plan that would pay their civil judgments and legal expenses if they are sued or charged with criminal wrongdoing, according to current and former intelligence officials and others with knowledge of the program."
He also reported that "the insurance policies were bought from Arlington-based Wright and Company, a subsidiary of the private Special Agents Mutual Benefit Association created by former FBI officials."
The story noted that "the CIA has encouraged many of its officers to take out the insurance, current and former intelligence officials said, but no one interviewed would reveal precisely how many have bought policies."
The story reported that "the insurance, costing about $300 a year, would pay as much as $200,000 toward legal expenses and $1 million in civil judgments. Since the late 1990s, the CIA's senior managers have been eligible for reimbursement of half the insurance premium."
The article reported that "in December 2001, with congressional authorization, the CIA expanded the reimbursements to 100 percent for CIA counterterrorism officers. That was about the time J. Cofer Black, then the CIA's counterterrorism chief, told Bush that 'the gloves come off' and promised 'heads on spikes' in the counterterrorism effort."
This still sounds pretty crazy to me! But I guess you can find someone to insure any risk in this world.
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Posted by Sam Friedman | August 30, 2007 2:29 PM
Posted on August 30, 2007 14:29