I have Senator Feinstein's office on speed dial, and I call so often that the staffers don't even ask me for my ZIP Code any more. That's a good way to add my voice to others demanding this or that, but a poor way to get a question answered because the staffers only take information in and don't give any out.
If you want answers, you have to put the questions in writing. I had a few questions for the senator, so I'll share my letter here after the fold. if I get an answer, I'll follow up later.
The Honorable Dianne Feinstein
United States Senate
331 Hart Senate Office Building
Washington, D.C. 20510
June 12, 2009
Dear Senator Feinstein,
In 2005 Italian police identified 22 Americans, most of them employees of the Central Intelligence Agency, one a Colonel in the United States Air Force, as participants in the Milan kidnapping of Hassan Mustafa Osama Nasr. The evidence shows that he was taken from Milan to a United States military base at Ramstein, Germany, and from there to Egypt. In addition to the American suspects, seven Italian agents have also been charged with this crime.
This is not secret information, since it has been published in any number of European news outlets.
After the American suspects were named by Italian police, they fled the country and returned to the United States. The Italians charged with participating in the plot are on trial in Italy, but even though we have an extradition treaty with Italy, the American suspects have not been returned to stand trial. They are now being tried in absentia.
Senator Feinstein, as the Chair of the Senate Intelligence Committee, you are charged with oversight of the Central Intelligence Agency on behalf of the American people. An agency that operates in secret must be subject to even more rigorous oversight than an agency that operates transparently and publicly, lest its secrecy permits it to go "rogue." The evidence produced so far indicates that rogue behavior is exactly what took place.
The current extradition treaty between Italy and the United States has been in force since 1983. Under the terms of that treaty, which I will not reproduce here since it is widely available, the named CIA employees are subject to immediate transfer to Italy to answer for their alleged crimes.
The United States has refused to extradite these people, citing without evidence an exception in the treaty for agents acting with the permission of the local government. There is no such exception in the terms of the treaty. The point is mooted by the fact that the Italian agents accused of being involved in the plot are on trial, prima facie evidence that no such permission was granted by the Italian government.
The Senate Intelligence Committee must determine how to deal with these alleged criminals since the Executive has failed to do so. There is no legitimate United States interest that is served by giving agents of the United States government carte blanche to commit heinous crimes on foreign soil. It is incumbent upon any agent acting on behalf of the United States to refuse to follow illegal orders, and failure to do so does not excuse criminal acts.
Both the American and Italian people have the right to see these charges answered. Since the charges and the evidence that led to them are all public information now being presented in open court, no claim of secrecy can be cited. We know that the crime took place, and the only fact left to be determined is who participated in it. That can be determined without any recourse to secret information, since the Italian police identified the perpetrators through traditional investigative methods. The reasons why the participants committed this crme are irrelevant unless presented as a mitigating circumstance, and any such presentation must be made in the court where the trial is taking place.
My questions are as follows: Since kidnapping is a heinous crime akin to rape or murder, why were these CIA employees not terminated from their employment and returned to Italy to stand trial under the unambiguous terms of our extradition treaty? Why did the United States government make a demonstrably false claim that there is an exception in the treaty, in order to deny the interests of justice?
Finally, what interest is served by permitting unchecked criminal activity by employees of the United States government? Criminals, especially those committing heinous, vicious and infamous crimes such as rape, murder or in this case kidnapping, have no right to continued employment by The People of the United States. The People have the right to see them answer in a proper forum for their crimes.
As the representative of The People charged with oversight of the Central Intelligence Agency, it is your sworn duty to examine the reasons why those accused of this crime remain employed and free, and to report your findings to The People of the United States. Furthermore, it is the duty of the Executive to enforce the extradition treaty with Italy by turning these men over to the duly constituted Italian authority.
Yours in service of the Constitution of the United States of America,
(Repack Rider)