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Obama lets CIA keep controversial renditions tool

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By Greg Miller, Washington Bureau
January 31, 2009

WASHINGTON — The CIA’s secret prisons are being shuttered. Harsh interrogation
techniques are off-limits. And Guant√°namo Bay will eventually go back to being
a wind-swept naval base on the southeastern corner of Cuba.

But even while dismantling these discredited programs, President Barack Obama
left an equally controversial counterterrorism tool intact.

Under executive orders issued by Obama last week, the CIA still has authority
to carry out what are known as renditions, or the secret abductions and transfers
of prisoners to countries that cooperate with the U.S.

Current and former U.S. intelligence officials said the rendition program is
poised to play an expanded role because it is the main remaining mechanism–aside
from Predator missile strikes–for taking suspected terrorists off the

The rendition program became a source of embarrassment for the CIA, and a target
of international scorn, as details emerged in recent years of botched captures,
mistaken identities and allegations that prisoners were turned over to countries
where they were tortured.

The European Parliament condemned renditions as an “illegal instrument
used by the United States.” Prisoners swept up in the program have sued
the CIA as well as a subsidiary of Boeing Corp., which is accused of working
with the agency on dozens of rendition flights.

But the Obama administration appears to have determined that the rendition
program was one component of the Bush administration’s war on terrorism that
it could not afford to discard.

The decision underscores the fact that the battle with Al Qaeda and other terrorist
groups is far from over and that even if the U.S. is shutting down the prisons,
it is not done taking prisoners.

“Obviously you need to preserve some tools, you still have to go after
the bad guys,” said an Obama administration official, speaking on condition
of anonymity when discussing legal reasoning behind the decision. “The
legal advisers working on this looked at rendition. It is controversial in some
circles and kicked up a big storm in Europe. But if done within certain parameters,
it is an acceptable practice.”

One provision in one of Obama’s orders appears to preserve the CIA’s ability
to detain and interrogate terrorism suspects as long as they are not held long-term.
The little-noticed provision states that the instructions to close the CIA’s
secret prison sites “do not refer to facilities used only to hold people
on a short-term, transitory basis.”

Obama’s decision to preserve the program did not draw major protests, even
among human-rights groups. Leaders of such organizations said that reflects
a sense, even among advocates, that the United States and other nations need
certain tools to combat terrorism.

“Under limited circumstances, there is a legitimate place” for renditions,
said Tom Malinowski, the Washington advocacy director for Human Rights Watch.
“What I heard loud and clear from the president’s order was that they want
to design a system that doesn’t result in people being sent to foreign dungeons
to be tortured.”

In his executive order on lawful interrogations, Obama created a task force
to re-examine renditions to make sure that they “do not result in the transfer
of individuals to other nations to face torture” or otherwise circumvent
human-rights laws and treaties.

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