In Italy, trial of CIA agents begins

On June 8, a Milan court opened the trial of a group of CIA agents accused of kidnapping a radical Egyptian priest Abu Omar–the first legal prosecution of one of the administration's most controversial counter-terrorism tactics. Twenty-six American defendants, including two CIA station chiefs and an Air Force colonel, are being tried in absentia for Omar's abduction in 2003 from a Milan sidewalk. The tactic under scrutiny in the case is called extraordinary rendition. It involves the capture of a terrorism suspect in one country and his transfer, not to the US, but to a third for interrogation, without court orders or judicial oversight. In many cases, including this one, the suspects have said they were tortured. Human rights officials accuse the Bush administration of using scores of extraordinary renditions to "outsource" torture, an allegation Washington denies. The 26 US agents left Italy before the first arrest warrants were issued two years ago, and none is expected to cooperate with the Milan proceedings. Judge Oscar Magi opened the trial, reading the indictment and ticking off the US agents' names, repeating 26 times: "Fugitive." "Fugitive." "Fugitive." Court-appointed defense attorneys for each of the American defendants filled the courtroom, but the metal cages along the walls that usually contain suspects were empty. Most of the defense attorneys have never met or communicated with their clients, and in many cases don't even know their real names. (The agents allegedly used aliases in the Omar operation.) Seven Italians are also charged, including the country's former top spymaster and his No. 2, who are accused of sanctioning or aiding in the kidnap. The trial was adjourned until June 18 while Judge Magi decides whether to suspend the proceedings pending a constitutional challenge to the case. The Italian government has asked the constitutional court, the highest in the land, to void the indictments because of concern that prosecutors will use state secrets to make their case. A challenge initiated by the center-right government of Silvio Berlusconi, a loyal Bush ally, has been continued by the center-left government of his successor, Prime Minister Romano Prodi. The two governments apparently shared a fear that courtroom exposure would embarrass Italy's intelligence agencies and lay bare their practices, including secret wiretaps against the defendants. "It is in our interest to have a fast trial," defense attorney Titta Madia said, "but it is also important to understand what evidence can be used and what cannot be used." Madia represents Nicolo Pollari, the former head of Italy's military intelligence and the highest-ranking Italian defendant. Pollari, who was not in court Friday, has argued that national security shields his actions; he says he knew about, but did not condone, the abduction of Omar. US officials have made it clear that the accused US men and women will not be made available to Italian authorities, even if extradition orders are issued. The US strategy has evidently been one of ignoring the trial and refusing the court's jurisdiction. One of the defendants, Robert Seldon Lady, who was the CIA station chief in Milan, initially hired an attorney and filed a number of motions. But he abruptly dropped the lawyer early this year and, like the other American defendants, began eschewing any contact with the court. Lady, who has retired from the CIA, said in the March edition of GQ magazine that he was following instructions. "The agency has told me to keep quiet and let this blow over," he said. It is extremely rare for a government friendly to the US to attempt to prosecute its secret agents. Italian law enforcement officials said they were able to build the case after the operatives involved in the Abu Omar operation spoke carelessly on easily traceable cellular telephones, left behind photocopies of their passports and driver's licenses, and ran up bills of tens of thousands of dollars at some of Milan's best hotels.