Seven former CIA directors letter to president Barack Obama

Warsaw, Poland Saturday, September 19, 2009 Dear Friends and Colleagues, I have just received a copy of a Letter to President Barack Obama, signed by seven former Directors of the Central Intelligence Agency (CIA): Michael Hayden, Porter Goss, George Tenet, John Deutch, R.James Woolsey, William Webster and James R. Schlesinger. Herewith, I enclose a pdf copy of this letter, which I think is important and timely.

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The Letter urges the President of the United States to re-close the criminal investigations against current or former CIA operatives involved in the interrogations of terrorist suspects after the 9/11 attacks against the U.S.A. As a former long-time CIA asset, a covert intelligence agent operating against the Soviets and the communist interests in the 1970s and 1980s, then jailled in Communist Poland for that activity, and also as a volunteer cooperating with the CIA and other Western Intelligence Services in the 1990s and after 9/11/2001 against terrorist organizations and organized crime (monitoring illegal nuclear trade) --- I agree in principle with the argumentation presented in the Letter by seven former CIA Directors. The very nature of the intelligence work provides for secrecy, "surprise and deception and on creating uncertainty in the mind of an enemy" (a quote from the Letter). All intelligence agencies also demand full loyalty and dedication from their officers and other operatives. All intelligence organizations offer protection to their assets, both physical and legal, during the time of their service and after. There is no doubt that the methods applied by the CIA and by other American and allied intelligence services against al-Qaeda and other terrorist organizations proved very effective and assured protection and safety to many nations, shielding them from repeated terrorist attacks. Inquiries into the functioning of "renditions" and other global operations of the CIA and other services cooperating with the CIA discovered some cases of secret capture and tormenting of innocent people and then of dropping the victims without any assistance and compensation. These cases should be investigated, examined and - if found guilty - some intel operators should be excluded from the service and punished by law. The victims of the malpractices should be helped and compensated. But the investigations into such cases cannot become a tool to disrupt the CIA and other allied intelligence services and to offer "gifts" to the enemy. There shouldn't be allowed any "witch hunt" against the CIA and other operators perfoming their duties. There must be always a balance between the moral standards and effectivness of the intelligence operations. When that balance is kept and encouraged, the intelligence can score successes and serve the country well. The United States, and the CIA, needs "to obtain the cooperation of foreign intelligence agencies. Foreign services are already greatly concerned about the United States' inability to maintain any secrets" (a quote from the Letter). Among other services, also the Polish intelligence and counter-intelligence agencies, as well as special police and military units rendered highly valuable help to the United States before and after 9/11. This cooperation, based on mutual interest and loyalty of the allies, is being continued now. What could happen if we could not rely any more on [American] promises of secrecy and protection of the human assets? I realize that not all of you, Gentlemen, could share my views and some of you might question my motives to support the opinions of the former CIA Directors. Nevertheless, please consider my humble voice in suport of the CIA, the intelligence agency which became part of my life. Best regards DAVID M. DASTYCH, 68 Veteran journalist and CIA operative

Letter from seven former CIA Heads

September 18, 2009 The President The White House Washington, D.C. Dear Mr. President: We have served as Directors of Central Intelligence or Directors of the CIA for Presidents reaching back over 35 years. We respectfully urge you to exercise your authority to reverse Attorney General Holder’s August 24 decision to re-open the criminal investigation of CIA interrogations that took place following the attacks of September 11. Our reasons for making this recommendation are as follows. The post-September 11 interrogations for which the Attorney General is opening an inquiry were investigated four years ago by career prosecutors. The CIA, at its own initiative, forwarded fewer than 20 instances where Agency officers appeared to have acted beyond their existing legal authorities. Career prosecutors under the supervision of the US Attorney for the Eastern District of Virginia determined that one prosecution (of a CIA contractor) was warranted. A conviction was later obtained. They determined that prosecutions were not warranted in the other cases. In a number of these cases the CIA subsequently took administrative disciplinary steps against the individuals involved. Attorney General Holder’s decision to re-open the criminal investigation creates an atmosphere of continuous jeopardy for those whose cases the Department of Justice had previously declined to prosecute. Moreover, there is no reason to expect that the re-opened criminal investigation will remain narrowly focused. If criminal investigations closed by career prosecutors during one administration can so easily be reopened at the direction of political appointees in the next, declinations of prosecution will be rendered meaningless. Those men and women who undertake difficult intelligence assignments in the aftermath of an attack such as September 11 must believe there is permanence in the legal rules that govern their actions. They must be free, as the Chairman of the Senate Homeland Security Committee, Senator Lieberman, has put it: “to do their dangerous and critical jobs without worrying that years from now a future Attorney General will authorize a criminal investigation of them for behavior that a previous Attorney General concluded was authorized and legal.” Similar deference needs to be shown to fact-based decisions made by career prosecutors years ago. Not only will some members of the intelligence community be subjected to costly financial and other burdens from what amounts to endless criminal investigations, but this approach will seriously damage the willingness of many other intelligence officers to take risks to protect the country. In our judgment such risk-taking is vital to success in the long and difficult fight against the terrorists who continue to threaten us. Success in intelligence often depends on surprise and deception and on creating uncertainty in the mind of an enemy. As President you have the authority to make decisions restricting substantive interrogation or any other intelligence collection method, based on legal analyses and policy recommendations. But, the administration must be mindful that public disclosure about past intelligence operations can only help Al Qaeda elude US intelligence and plan future operations. Disclosures about CIA collection operations have and will continue to make it harder for intelligence officers to maintain the momentum of operations that have saved lives and helped protect America from further attacks. Finally, another certain result of these reopened investigations is the serious damage done to our intelligence community’s ability to obtain the cooperation of foreign intelligence agencies. Foreign services are already greatly concerned about the United States’ inability to maintain any secrets. They rightly fear that, through these additional investigations and the court proceedings that could follow, terrorists may learn how other countries came to our assistance in a time of peril. The United States promised these foreign countries that their cooperation would never be disclosed. As a result of the zeal on the part of some to uncover every action taken in the post-9/11 period, many countries may decide that they can no longer safely share intelligence or cooperate with us on future counter-terrorist operations. They simply cannot rely on our promises of secrecy. We support your stated commitment, Mr. President, to look to the future regarding these important issues. In our judgment the only way that is possible is if the criminal investigation of these interrogations that Attorney General Holder has re-opened is now re-closed. Sincerely, Michael Hayden Porter Goss George Tenet John Deutch R. James Woolsey William Webster James R. Schlesinger