Raymond Davis Worked for the CIA . . . So What? Posted by Michael Cohen

So today we find out about Raymond Davis what many had suspected - that he was working for the CIA. However, even the details of his status remain highly opaque.

The New York Times is reporting that Davis "was part of a covert, CIA-led team of operatives conducting surveillance on militant groups deep inside the country;" the Wall Street Journal reports that Davis worked for the agency but "was not directly involved in spying operations." Finally Reuters is saying that Davis was a "protective officer" providing security to embassy officials and was not part of a CIA-team doing surveillance.

I'm not sure what to believe here - but to be honest it doesn't matter in regard to the issue of Davis's diplomatic immunity. If the Pakistani government accepted Davis's entry into the country with a diplomatic passport . . . then Davis has immunity. End of conversation.

That, in the nutshell, is the issue - and the focus on his occupation or agency affiliation is a distraction (and I would argue an intentional one).  Even today, when I was being yelled at by various Pakistani lawyers and journalists on Voice of America, there was one area of consensus - where Davis worked is irrelevant.

Don't believe me on this: as Pakistani columnist Raza Rumi argues,"We have missed the chance to demonstrate that we are a rule-based state, compliant with international law." 

But of course as we know the revelations of Davis's CIA ties will only serve to muddy the waters over his diplomatic status and give ammunition to those voices in Pakistan and elsewhere who want to use this incident as a means of making a larger political point.

Case in point, Glenn Greenwald's hyperbolic accusations today that the State Department has no credibilty "invoking lofty "rule-of-law" and diplomacy principles" because the "very same State Department that just got caught systematically violating that convention when WikiLeaks cables revealed that U.S. "diplomats" were ordered to spy on U.N. officials and officials in other countries."

The issue of diplomatic spying is a bit more complicated than Glenn would let on, but I'm surprised by the breezy dismissal of lofty rule of law claims on this issue. Is the fact that Pakistan has a legal responsibility to treat US diplomats by the letter of international law irrelevant? One would think not. Unless this is an invocation of the legal doctrine "two wrongs make a right."

And then there is this:

But what this highlights most of all is the extraordinary cost of occupying, interfering with and waging endless war in multiple countries around the world . . We relentlessly hear what a serious threat is posed to us by Terrorism, and gravely lament that Pakistan is such a hotbed for that activity and those who support it.  Yet -- as the people in that country hear every day -- we're occupying, bombing, droning, and otherwise trying to control what happens there. 

What happened in Lahore is part of an ongoing, continuous assault by American forces in that region.  They (but not we) hear routinely about the killing of their innocent civilians by Americans in their country.  

This is a complete distraction from the matter at hand. As any observer of the US drone war in Pakistan is well aware it is being carried out with the full knowledge, support and acquiesence of the Pakistani government. Indeed many of those being killed by US drones are enemies of the Pakistani government as much as they are enemies of the United States. Like this guy.

And to argue that the United States is trying to control what is happening in Pakistan would surely seem like a cruel joke indeed to US officials who have watched helplessly as Pakistan continues to support Afghan Taliban insurgents and provide sanctuary to jihadist terrorist groups. Moreover, the argument that the US is "routinely" killing Pakistani civilians is contradicted not only by recent reports that civilians casualties have dropped significantly but also work by Christine Fair, among others, that shows such casualty figures are greatly inflated by Pakistan. Finally, it needs to be stated that if the Times story is to be believed . . . the Pakistani government was well aware of Davis's CIA affiliation.

I take a back seat to no man or woman when it comes to my consistent criticism of the US government in regard to the war in Afghanistan and just earlier this year I wrote that the US needs to be more solicitous of Pakistani interests in Afghanistan.

But that notwithstanding if Davis has diplomatic immunity and was accepted by Pakistan under a diplomatic passport then he should be released immediately. On this point the United States stands on very firm legal and diplomatic ground - a point that all voices in this debate should be acknowledging.

If the Pakistani believe he was a CIA agent or engaged in covert activities than they should declare him persona non grata and kick him out of the country. But to continue holding him in a Lahore prison is a violation of basic diplomatic and legal norms. (That a Lahore provincial court determined the matter needs three weeks of investigation is a complete dodge; since the question of Davis's status is an issue to be resolved not by a provincial court only by the Pakistan Foreign Ministry. This is classic buck-passing.)

Whatever one thinks of the US war in Afghanistan or the US relationship with Pakistan the simple fact is that treaty obligations are treaty obligations and the rule of law is the rule of law; and in this case it would appear that the United States has the facts on its side. (Here is another Pakistani lawyer/writer making the same argument).

Discussions about where Davis worked, his background, the US drone war in NW Pakistan and revelations from the Wikileaks documents are certainly matters of public import and should be discussed openly. But in the context of the Davis incident, they should be seen for what they are - a purposeful dodge from the issues of this case. 

Comments

[marc]

"As any observer of the US drone war in Pakistan is well aware it is being carried out with the full knowledge, support and acquiesence of the Pakistani government. Indeed many of those being killed by US drones are enemies of the Pakistani government as much as they are enemies of the United States".

That U.S. is finding out all over the Muslim world right now that if the other 98% of the population is not on board with our policies it doesn't much matter that we have convinced/bought their corrupt leadership to look the other way.

[james fingleton wild]

Davis shot each man five times in the back. He must be an American hero. His fellow mercenaries ran over an killed an innocent man and fled the country. The war in Afghanistan is illegal. The war in Pakistan is illegal. The war in Iraq is illegal. But you say the law is the law and treaty obligations are treaty obligations. You arrogantly consider the law only when it suits your opinion. Shame America shame.

[IM]

So this man should be stand trial in the US? Do you support at least that? Or do you use the new legal argument that an american diplomat can kill at will because´you don't like the Pakistan policy of the US?

And I still don't think it is legal to use diplomatic status for contractors, in other for mercenaries not really employed or controlled by an government.

[IM]

Apropos rule of law: The US could just strip him unilaterally of his status, so that he can face justice in Pakistan. The US has no obligation to a mercenary who thought he has a license to kill after all.

[the Hypocrite]

how would you feel if someone from the Pakistan ISI shot and killed two US citizens within the US border ???

[Please grow up]

So what? It's hard to take you seriously. The CIA= the rule of law?

Pat Lang
http://turcopolier.typepad.com/sic_semper_tyrannis/2011/02/update-the-raymond-davis-affair-fb-ali.html

"The facts of the incident that sparked all this are now fairly clear. Davis, in a rental car, was driving around in Lahore in areas where foreigners scarcely ever venture, tailed by two ISI auxiliaries on a motorbike. After an hour or more of trying to shake them off, they both came abreast at a stoplight. He pulled out a gun and, firing through his windscreen, shot them both. Accounts differ as to whether they made any threatening gesture, but one was killed as he was trying to run away.

The backup van that Davis called for came roaring up the wrong way on a one-way street, ran over a cyclist, killing him, then turned around and roared off. Davis was arrested, and weapons, ammo and other paraphernalia were found in the car. On his cell phone were numbers that were later traced to phones in the tribal belt where the Taliban operate, while his camera had pictures of religious schools and military sites.

After some initial fumbling, the US embassy declared him a diplomat on staff with diplomatic immunity, and demanded he be turned over to them. When this didn’t happen, Washington jumped in with both barrels blazing, cancelling meetings and threatening all sorts of reprisals if Davis wasn’t released, including Congressional hints of aid being cut off."

But where are the liberals defending him just like they defended Valerie Plame?

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Why don't you just ignore the "Democracy" part of your title and stick with "Arsenal"

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It is not enough that Davis entered Pakistan on a diplomatic passport. Consular officials also enter on such passports, and they are not immune from prosecution for serious crimes. It is important to acknowledge the difference.

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Sometimes the law cannot give justification to what's really happening. It's just made to rule out over emotional feeling.

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Your posts about this incident is not up to your usual standard, IMO.

Pakistani columnist Raza Rumi an expert on the legalities of diplomatic immunity? I suggest relying instead on the US State Department, as in their publication "Diplomatic and Consular Immunity: Guidance for Law Enforcement and Judicial Authorities". URL:
http://www.state.gov/documents/organization/150546.pdf

They explain the basics:
(1) The nature of the passport is not the definitive indicator of a person's status with repsect to immunities.
(2) Status depends on the person's job and work location. Immunity ranges from absolute to nil. In general, embassy personnel have greater immunity than consular.
(3) The list of covered personnel is submitted to the government of the host nation, which accepts or rejects it.

The immunity of Davis is questionable on all of these grounds, as the people of Pakistan quickly learned from their news media. And as Americans slowly learned from our news media.

The decision of the Pakistani government probably will result more from politics than legal nicities.

[Michael Cohen]

"The list of covered personnel is submitted to the government of the host nation, which accepts or rejects it."

This is the key point. If Pakistan accepted that Davis has immunity (and somewhere in the Foreign Ministry there is a list with his name on it) then it's a closed case. He has immunity. That's the crucial issue; so deferring to the Lahore Court, which doesn't have a jurisdiction, is a clever dodge by the FM to address the issue directly.

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Can anyone imagine what would happen were a Pakistani employed by a spy agency kill two Americans in America? One who was carrying military style weapons, surviellan­ce equipment, lists of local schools/ch­urches, fake ID's, and killed his "attackers­" through the windshiled of his car? Any chance that guy is let go?

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[Shanon]

This is "complex" case to handle - for both US and Pakistan governments who have been having a history of relationships in the war againt Russia and now in war on terror. The most easy way is the Islamic law that the heirs accept the compensation or simply forgive the murderer...who ever it is. It became further complex after the suicide of the widow of one of the dead young man. Immunity ... yes he should avail and some believe that he will be charged in US courts on crossing the diplomatic limits set for a diplomat.

Govt(s) will have a sigh of relief if the court confirms his status as a "diplomat"

[Jerry Fields]

I note with dismay your statement that,

. "Moreover, the argument that the US is "routinely" killing Pakistani civilians is contradicted not only by recent reports that civilians casualties have dropped significantly but also work by Christine Fair, among others, that shows such casualty figures are greatly inflated by Pakistan."

Even if casualties have dropped by 99%, that does not contradict the assertion that the US was and is routinely killing Pakistani civilians. In fact, by making that statement you tacitly admit that the US was routinely killing Pakistani civilians in the past, and nothing in your statement contradicts that it is happening now. It matters not that fewer are killed now, or that Pakistani authorities inflate casualty figures. It only matters whether or not, as a matter of routine, U.S. operations currently routinely kill Pakistani civilians. You cite nothing that contradicts that.

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Since the United States is not at war in Pakistan, the American military is largely restricted from operating in the country. So the Central Intelligence Agency has taken on an expanded role, operating armed drones that kill militants inside the country and running covert operations, sometimes without the knowledge of the Pakistanis.
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Davis shot each man five times in the back. He must be an American hero. His fellow mercenaries ran over an killed an innocent man and fled the country. The war in Afghanistan is illegal. The war in Pakistan is illegal. The war in Iraq is illegal. But you say the law is the law and treaty obligations are treaty obligations. You arrogantly consider the law only when it suits your opinion. Shame America shame. steroids