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Europe
Italian judge convicts 23 Americans in CIA kidnap case
2009-11-05
In abstentia, of course. If we didn't have the gutless, clueless Bambi as president, I'd suggest calling the Italian ambassador in and asking him to explain why this happened, and how he's going to persuade his government to reverse it, or else explain to his government why we sent him and his entire embassy staff home.
MILAN (AP) -- An Italian judge found 23 Americans and two Italians guilty Wednesday in the kidnapping of an Egyptian terror suspect, delivering the first legal convictions anywhere in the world against people supposedly involved in the CIA's extraordinary renditions program.
Classic show trial missing only a groveling defendant ...
Human rights groups hailed the decision and pressed President Barack Obama to repudiate the Bush administration's practice of abducting terror suspects and transferring them to third countries where torture was permitted. The American Civil Liberties Union said the verdicts were the first convictions stemming from the rendition program.

The Obama administration ended the CIA's interrogation program and shuttered its secret overseas jails in January but has opted to continue the practice of extraordinary renditions.

The Americans, who were tried in absentia, now cannot travel to Europe without risking arrest as long as the verdicts remains in place.
That might not be a punishment.
One of those convicted, former Milan consular official Sabrina De Sousa, accused Congress of turning a blind eye to the entire matter. "No one has investigated the fact that the U.S. government allegedly conducted a rendition of an individual who now walks free and the operation of which was so bungled," she said, speaking through her lawyer Mark Zaid.

Despite the convictions capping the nearly three-year Italian trial, several Italian and American defendants - including the two alleged masterminds of the abduction - were acquitted due to either diplomatic immunity or because classified information was stricken by Italy's highest court.

The case has been politically charged from the beginning, with attempts to mislead investigators looking into the cleric's disappearance and derail the judicial proceedings once the trial was under way. But the Italian-American relationship, conditioned on such issues as participation in the Afghan campaign, is unlikely to be hurt by the convictions.
Pity, it should be.
Three Americans were acquitted, including the then-Rome CIA station chief Jeffrey Castelli and two other diplomats formerly assigned to the Rome Embassy, as well as the former head of Italian military intelligence Nicolo Pollari and four other Italian secret service agents.

Only two Italians were in the courtroom to hear the verdict, including Marco Mancini, the former No. 2 at Italian military intelligence, who embraced his lawyer outside the courtroom after he was acquitted.

Former Milan CIA station chief Robert Seldon Lady received the top sentence of eight years in prison. The other 22 convicted American defendants, including De Sousa and Air Force Lt. Col. Joseph Romano, each received a five-year sentence. Two Italians got three years each as accessories.

U.S. State Department spokesman Ian Kelly said the Obama administration was "disappointed about the verdicts."
You shouldn't be 'disappointed', you should be hopping mad.
The State Department is being sued by De Sousa, a former State Department employee who denies she was a CIA agent and who believes she should have been granted diplomatic immunity by U.S. officials. The judge's verdict, however, did not extend diplomatic immunity to consular officials charged.

Zaid, De Sousa's American lawyer, told The Associated Press in Washington: "The Italian conviction merely confirms the U.S. government's betrayal of our diplomatic and military representatives overseas."
No, it demonstrates Italian perfidy ...
Romano, who was one of only two Americans who received permission to hire his own lawyer, had tried to have the jurisdiction moved to a U.S. military court in the last weeks of the trial.

"We are clearly disappointed by the court's ruling," Defense Department press secretary Geoff Morrell told a Pentagon press conference Wednesday.

The Americans, all but one identified by prosecutors as CIA agents, were tried in absentia as subsequent Italian governments refused or ignored prosecutors' extradition request - a position that casts doubts on the Italian government's political will to enforce the sentences.
But it won't stop some goof-ball lefty lawyer from swearing out warrants, calling Interpol, and in general being a nuisance, to wit:
Prosecutor Armando Spataro said he was considering asking Rome to issue international arrest warrants for the fugitive Americans on the strength of the convictions. The government of Silvio Berlusconi, a close ally of President George W. Bush, has previously refused.
What happens if the Berlusconi government falls? Italy isn't exactly the model of political stability ...
The Americans and Italian agents were accused of kidnapping Osama Moustafa Hassan Nasr, also known as Abu Omar, on Feb. 17, 2003, in Milan, then transferring him to U.S. bases in Italy and Germany. He was then moved to Egypt, where he says he was tortured. He has since been released, but has not been permitted to leave Egypt to attend the trial.

Spataro had sought stiffer sentences ranging from 10 to 13 years in jail, citing a conspiracy between U.S. and Italian secret services to abduct Nasr, who was under surveillance by Italian investigators building their own terror case against him. Nasr was suspected of organizing the movement of would-be suicide bombers to the Middle East, and Spataro noted in his closing arguments that the timing of his CIA-led abduction, as the United States was preparing to invade Iraq, indicated his potential importance.
So we say that Nasr is a bad boy. The Italians haven't contradicted that. He was operating on Italian soil, so -- supposedly -- our CIA and the Italian secret police pinched him, popped him, whacked him, and shipped him. And I'm supposed to be unhappy about any of this?
CIA Director Leon Panetta said at his confirmation hearing in February that the administration would continue the practice of rendition for prisoners captured in the war on terrorism, but promised to get assurances first that prisoners would not be tortured or have their human rights violated once transferred.
Then what's the point of rendition? The whole idea is to get Nasr and his buddies to understand that it's in their interest to talk to the American interrogator holding a cup of coffee instead of the Egyptian interrogator holding a truncheon ...
The CIA declined to comment on the convictions.
Ken Anderson at the Volokh Conspiracy describes the motivation and implications behind this show trial. Take a look.
Posted by:Steve White

#7  Time to bring them home and tell the bastards to FOAD.
Posted by: Besoeker    2009-11-05 19:29  

#6  Indeed, Cyber Sarge. Ìïëὼí ëáâÝ - come and get them .....
Posted by: lotp   2009-11-05 19:01  

#5  Come and get them.
Posted by: Cyber Sarge    2009-11-05 15:01  

#4  Why haven't we expelled the Italian ambassador and called our's home yet? All right, I know. I was just being rhetorical.
Posted by: whitecollar redneck   2009-11-05 14:01  

#3  Note to judgie-wudgie:
"Spata me luchi e hace ma goo, tu piccolo mierda."
Posted by: mojo   2009-11-05 12:47  

#2  Do read the Ken Anderson musings on Volokh. I thought it was well written, but wonder what it would be like if he didn't have time to "say anything substantive about this now". The good kind of lawyer, I think. Made me smile.
Posted by: Whiskey Mike   2009-11-05 06:15  

#1  Let's see, who freed the Italians from German occupation?
Posted by: borgboy   2009-11-05 00:58  

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