Stratfor's Fred Burton and Scott Stewart:
Over the past couple of weeks, we have been carefully watching the fallout from the Obama administration’s decision to release four classified memos from former President George W. Bush’s administration that authorized “enhanced interrogation techniques.” In a visit to CIA headquarters last week, President Barack Obama promised not to prosecute agency personnel who carried out such interrogations, since they were following lawful orders. Critics of the techniques, such as Sen. Patrick Leahy, D-Vt., have called for the formation of a “truth commission” to investigate the matter, and Rep. Jerrold Nadler, D-N.Y., has called on Attorney General Eric Holder to appoint a special prosecutor to launch a criminal inquiry into the matter.
Realistically, those most likely to face investigation and prosecution are those who wrote the memos, rather than the low-level field personnel who acted in good faith based upon the guidance the memos provided. Despite this fact and Obama’s reassurances, our contacts in the intelligence community report that the release of the memos has had a discernible “chilling effect” on those in the clandestine service who work on counterterrorism issues...
...Politics and moral arguments aside, the end effect of the memos’ release is that people who have put their lives on the line in U.S. counterterrorism efforts are now uncertain of whether they should be making that sacrifice. Many of these people are now questioning whether the administration that happens to be in power at any given time will recognize the fact that they were carrying out lawful orders under a previous administration. It is hard to retain officers and attract quality recruits in this kind of environment. It has become safer to work in programs other than counterterrorism...
...when the release of the memos is examined in a wider context, and combined with a few other dynamics, it appears that the U.S. counterterrorism community is quietly slipping back into an atmosphere of risk-aversion and malaise — an atmosphere not dissimilar to that described by the National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) as a contributing factor to the intelligence failures that led to the 9/11 attacks...
...Services like the Jordanian General Intelligence Department, the Saudi Mabahith or the Yemeni National Security Agency not only can recruit sources, but also are far more successful in using young Muslim officers to penetrate terrorist groups. In addition to their source networks and penetration operations, many of these liaison services are not at all squeamish about using extremely enhanced interrogation techniques — this is the reason many of the terrorism suspects who were the subject of rendition operations ended up in such locations. Obviously, whenever the CIA is dealing with a liaison service, the political interests and objectives of the service must be considered — as should the possibility that the liaison service is fabricating the intelligence in question for whatever reason. Still, in the end, the CIA historically has received a significant amount of important intelligence (perhaps even most of its intelligence) via liaison channels...
...Another concern that arises from the call for a truth commission is the impact a commission investigation could have on the liaison services that have helped the United States in its counterterrorism efforts since 9/11. Countries that hosted CIA detention facilities or were involved in the rendition or interrogation of terrorist suspects may find themselves exposed publicly or even held up for some sort of sanction by the U.S. Congress. Such activities could have a real impact on the amount of cooperation and information the CIA receives from these intelligence services...
...As we’ve previously noted, it was a lack of intelligence that helped fuel the fear that led the Bush administration to authorize enhanced interrogation techniques. Ironically, the current investigation into those techniques and other practices (such as renditions) may very well lead to significant gaps in terrorism-related intelligence from both internal and liaison sources — again, not primarily because of the prohibition of torture, but because of larger implications...
Perhaps that's why they call him Borat Obama.
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