CIA Contractor Charged Under Patriot Act in Novel Use of the Terrorism Law

[CShine]

The CIA contract employee accused of abusing a prisoner in Afghanistan is being prosecuted under the Patriot Act in what legal experts are calling a surprising - and to some, troubling - application of the new anti-terrorism law. Attorney General John Ashcroft invoked the Patriot Act to assert jurisdiction in the case of David Passaro, who will be tried in federal court in Raleigh, N.C., on four assault charges in connection with the death of an Afghan man. David Sheldon, a former Navy lawyer who now defends military personnel in courts-martial proceedings, said the Justice Department may be going too far.

"In my view, any time the federal government is expanding its jurisdiction and reach to include conduct that occurs overseas, that is startling," Sheldon said.

But in announcing the indictment Thursday, Ashcroft said the government had few alternatives, since American civilians working on contract for the CIA in Afghanistan and Iraq might not otherwise be subject to U.S. justice.

"This case would have been more difficult to investigate and prosecute were it not for the USA Patriot Act," Ashcroft said. "The act expanded U.S. law enforcement jurisdiction over crimes committed by or against U.S. nationals on land or facilities designated for use by the United States government."

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