Lawyer: Contractor Beat Afghan As His Duty
RALEIGH, N.C. - A CIA (news - web sites) contractor charged with beating an Afghan detainee who later died was protecting the nation against terrorists and should not be prosecuted because he was following directives from the president and his administration, his lawyers argued in filings released this week.
Lawyers for David A. Passaro, a former Army Special Forces soldier from North Carolina who was hired as CIA contractor, also contend that the alleged beating of Abdul Wali occurred outside the jurisdiction of U.S. courts.
Passaro's lawyer, public defender Thomas P. McNamara, filed his motion to dismiss the federal charges in December, but the document was only made publicly available this week.
In it, McNamara points out that Bush said on Sept. 12, 2001, a day after terrorist attacks in the United States that resulted in the deaths of 3,000 people, that the nation "will use all our resources to conquer this enemy." He also cites remarks by Defense Secretary Donald Rumsfeld and White House officials that he argues immunize Passaro from prosecution.
McNamara wrote that the laws under which Passaro was charged were "not designed for application to the front lines of battle."
Passaro was charged in June with four counts of assault, accused of beating Wali with his hands, feet and a flashlight as he tried to get information about rocket attacks on U.S. forces.
Prosecutors say Wali died June 21, 2003, after two days of interrogations and beatings by Passaro. Three paratroopers from the 82nd Airborne Division will testify that they witnessed the beating, prosecutors said. Passaro is not charged in his death.
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