Some U.S. prison contractors may avoid charges

Interior Department hired Abu Ghraib interrogators

Loophole tangles prosecution

Army chain of command blurred in civilian abuses

Crisis In Iraq

May 24, 2004|By Scott Shane | Scott Shane,SUN NATIONAL STAFF

The U.S. civilian interrogators questioning prisoners at Abu Ghraib prison in Iraq work not under a military contract but on one from the Department of the Interior, a bureaucratic twist that could complicate any effort to hold them criminally responsible for abuse of detainees or other offenses.

The unexpected role of the Department of the Interior, usually associated not with wartime intelligence-gathering but with national parks, grew out of a government plan to cut costs. But in practice, it may have increased costs and reduced scrutiny, said Peter W. Singer of the Brookings Institution.

"You're placing a military interrogation task under Smokey the Bear," Singer said. "You can't have good oversight."

What's more, legal experts say, contractors for nonmilitary agencies such as the Department of the Interior may be able to escape prosecution for crimes they commit overseas because of an apparent loophole in the Military Extraterritorial Jurisdiction Act. The law, passed in 2000, applies only to contractors with the Department of Defense - a flaw some members of Congress want to remedy.

Michael J. Nardotti Jr., a Washington lawyer who served as judge advocate general of the Army from 1993 to 1997, said the law is untested and that it is uncertain whether a court would stretch the law to cover an Interior Department contractor working on Army assignments.

What is certain, Nardotti said, is that a contractor charged with a crime would use the issue to challenge the prosecution.

The Iraq war and its aftermath have focused attention on the extraordinary expansion of the work performed by federal contractors, often in sensitive security and intelligence roles. U.S. security contractors in Iraq, who do everything from guarding U.S. administrator L. Paul Bremer III to advising Iraqi police, number more than 20,000, making them the second-largest security force after the U.S. military.

Many military officers and outside experts say that using contractors as interrogators is a bad idea no matter what agency hires them, because they are not subject to military discipline and control.

Questions of command

"I would never have tolerated civilian contractors working as interrogators," says Army Col. Charles Brule, a Rhode Island reservist who worked at the U.S. detention center at Guantanamo Bay, Cuba, in 2002. "Who do they answer to? What's the chain of command?"

Congress has also expressed concern about contract interrogators. A defense spending bill passed Thursday by the House would require the Pentagon to disclose in greater detail the work of contractors in Iraq, and Senate Democrats have said they might propose legislation banning contractors from interrogating prisoners.

Sen. Daniel K. Akaka, a Hawaii Democrat, pressed top Army officials on the issue at a hearing last week. "The contractors seem to be outside of the line of command," he said. "And as a result, some things they do are not known by us."

Maj. Gen. Geoffrey Miller replied that "no civilian contractors had a supervisory position. It's the military ... who sets the priorities and ensures that we meet our standards."

But in the case of the contract interrogators at Abu Ghraib, the chain of command is especially blurry, because it ends with an obscure Department of the Interior office 70 miles southeast of Tucson, Ariz.

The interrogators work for CACI International, a global government contractor based in Arlington, Va., with more than $1 billion a year in revenue. And CACI's contract is with the Interior Department's National Business Center, which for the past four years has run the contracting office at Fort Huachuca in Sierra Vista, Ariz., said Interior Department spokesman Frank Quimby.

Quimby said the arrangement was a result of federal efforts in the 1990s to "streamline and reduce duplication," by having agencies with particular skill at administrative functions such as payroll or contracting handle those jobs for other agencies.

Thus, with efficiency in mind, the Fort Huachuca Contract Administration Office was gradually transferred from the Army to the Department of the Interior between 1998 and 2001.

"Now the Army comes to that office when it needs services," Quimby said.

In 2001, the Interior Department contracting office awarded a "blanket purchase agreement" to a company called Premier Technology Group for services to be provided to the Army. Last year, CACI International acquired Premier Technology.

The blanket purchase agreement allows the Department of the Interior to purchase services from CACI International without going through a new round of competitive bidding for each new job. Since 2001, the department has approved 81 "delivery orders" under the Premier Technology-CACI contract, including 11 for services in Iraq.

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