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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?

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