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In terms of individual CIA officers and the institution itself, there was no
direct involvement in cocaine and drug running and drug trafficking. That was
the central point of our findings. What we did find in the context of the
Contra involvement, was that there was an inconsistency in guidelines given to
the field to deal with drug allegations [involving] some of the individuals
with whom we were working.
We weren't ever able to find a memorandum of conversation or any evidence that indicated why it was done. But the issue was...if the agents or assets had been defined as employees, then allegations of drug use, if they were deemed creditworthy, would have to have been reported to the Department of Justice. It would have increased the ambit of responsibility, I suppose, of operating officers in the field... Now the principal purpose of CIA officers serving in the field was to aid the contra movement, to make sure that the anti-Sandinista forces stayed alive during the period under U.S. law that that support was legal.
So perhaps what was in the mind of Casey and Smith, although one doesn't know,
was that if you are broadening the responsibility of officers in the field so
far that they have to begin to worry about [reporting] people...they wouldn't
perform their principal job, which was to collect information about the Contra
movement and to help it insofar as they could.
There is a [follow-up] letter from Attorney General Smith to the agency saying,
"But that doesn't forgive...the responsibility of your officers in the field to
report criminal activity when they encounter it." So it was a mixed message.
But [that letter] didn't have the effect of regulation. The letter was there,
but it was almost as if it was in a court opinion, dicta.
Well, taking your example, if it were as clear as that, it seems to me absolutely the CIA officer in the field can't use that airline, if it's known as an airline that smuggles drugs. But the point is the situation is never that clear. And throughout this whole period there were allegations that X or Y, involved with one side of the struggle or another, was running drugs. Nicaragua was on the main route of entry of drugs from Latin America into the United States, so these allegations were made all the time. The question was how credible were they? And who made them? And what we found in our study was that there was a failure consistently to deal with those allegations in a set manner. Were they going to disregard them altogether? Were they going to check on the veracity of the person making the allegation? Were they going to adopt a rule whereby [they would no longer work with] certain persons about whom these allegations were made? No consistent pattern was followed. ...The important point is this: it was fairly clear...if drugs were intermixed with this program, it would fail; it would kill it. They knew perfectly well because of past accusations in previous theaters, that that would be the kiss of death... So anybody with an instinct for self-preservation would have realized it made sense to be alert to that kind of problem...
And the question then becomes: what does the officer who is in receipt of that
information do to follow it up, to find out whether it's true or not... And we
thought, from the standpoint of looking at it with 20-20 hindsight, that there
should have been an established procedure to deal with matters of that kind,
because it was so clear that it would have a detrimental effect on the whole
program if it were found that drug running was an integral part of what was
taking place down there...
To be specific about it there was no directorate of operations instruction
about how to deal with drug allegations during the whole period of the contra
cocaine effort. They were in process. They were working on some kind of
guidance. But they never published it in black letter and sent it to the
field. That's part of what we considered to be a failure in guidance from
headquarters, which we are fairly critical of in the report...
I think I'd have to address specific cases. And certainly there were accusations with respect to the leadership in the very beginning... But I think the...more realistic example [is] are the hangers-on, are the support people...are they doing the drug running?
Now there came a time during this whole period when, with the Congress
investigating this matter in '86 and '87, an instruction came from the acting
director of Central Intelligence, Robert Gates specifically, to pay attention
to these kinds of support people who might be involved in the effort. That
instruction went down to the directorate of operations. And we found that
there was no specific reaction to that instruction in the sense of cables to
the field or regulations framed so that ordinary...case officers could know
what to do...
I believe it is, but you're back to your specific point--knowledge, actual
knowledge. Not suspicion, not rumors, but knowledge. And that's the key
issue: how do you acquire the knowledge? You acquire the knowledge, in some
instances, it seems to me, by digging, by asking questions, by performing some
investigative acts. And what we found was that that was done in a good many
cases, but it wasn't done consistently across the board pursuant to a whole
series of kind of steps...
...We didn't find any evidence of an understanding that official Washington was going to look the other way with respect to allegations of drug trafficking... There was no record of the reason why Smith and Casey arrived at the understanding they did.
What we did find was a reaction to concerns about drug trafficking that relate
to the sure knowledge that if these allegations were proven, it would destroy
the whole purpose of the Contra endeavor. We saw plenty of awareness of that.
But what we didn't see was that it translated into sort of practical guidance
for officers in the field, and that's really the thrust of our report. That
and the fact that there was no evidence developed that the institution or
individual case officers were involved in drug trafficking. That's an
important point, and I want to underscore that. There was no evidence at all,
and neither the Department of Justice nor the House of Representatives, in
their review, found any...
Well, there were clearly allegations of ... CIA [contacts] being involved with
drugs. And what we found was that in many cases the CIA officers reported this
fact and ceased contact, or either cleared up the allegation [or] found that it
was true. But we also found that there were other cases where those steps
weren't taken...
I don't think there was anything to that. But again, one would have to look into it. Each of those instances, each specific statement... You'd have to do an investigation, if you could, piecing together what went on...
I think what you have to say here is that in the context of this struggle
between the Contras and the Sandinistas, there were accusations flying left and
right, some of which were probably meritorious, and a good many of which were
part of the battle they were involved in. The question for the CIA officer in
the field was how do you deal with those accusations? And what they did was,
for the most part, attempt to track them down. But on several cases, no action
appears to have been taken. And that's the part that we find in our report.
It's troubling in the sense that the inconsistency in the response to the
allegations seem to me to be hard to explain.
Our assignment was to, in the first instance, determine the truth or falsity of the Gary Webb piece, and that we called the California story... But in addition, Director Deutsch asked us to look into the whole issue of drug allegations surrounding the Contra program, [a] much wider topic. So we chose to divide the task into two. We did the California story, and that was relatively straightforward. We found no evidence of institutional involvement, of CIA. No case officer involvement in any of those allegations; and in effect, the Webb articles, the accusations...as far as we were concerned, we found no evidence of their veracity. But the second question was a little bit more difficult, because that caused us to look at all the reported instances of drug involvement affecting the Contra operation. Now in terms of our methodology we looked at all the cable traffic between Washington, D.C. and the field stations. We looked at the records of the 1986 Senate committee investigation conducted by Senator Kerry and Jack Blum. We looked at the...Walsh investigation, insofar as that related to the drug business. But in that sense, that gave us the starting point for interviews of people who were in positions of authority at the time, and case officers in the field where we could identify them.
...We spoke to all of the [CIA] individuals who were still on active
duty...because they are required under the IG statute to speak to us. We
didn't talk to seven others who were retired CIA officers who could not be
compelled, we did not have a subpoena to compel them to testify. But the House
committee did in fact talk to them, and their report, the House committee's
report, contains their testimony.
We concluded that there was no institutional involvement by CIA, and there was no individual CIA case officer involvement in drug trafficking in the Contra operation during the period when we reviewed the records.
We did, however, find a number of instances where allegations of drug
trafficking respecting the activities of those agents who supplied information
or support services to CIA--and I want to underscore the fact that these were
allegations of drug involvement--some of them were pursued to ground, and
others were not looked into with any systematic vigor.
I can't speak for the other agencies. We had some collateral information from
some DEA and other officials that were on the record. There were a number of
instances that the CIA officers took the allegations to DEA in the field to see
if they had any information on it. But our responsibility was to try to
determine how CIA officials dealt with these allegations of drug use; and
that's what they were--they were allegations...
Well, the point was, relationships in the field varied: some were good, some were bad.
But I think the way that our investigators ended up evaluating it was that it
was sad that headquarters had not been more specific in indicating to officers
serving in the field who were trying to keep the Contra movement alive what
their precise obligations were in dealing with these allegations of drug use.
Because it seemed to us that the street level noise in all of this situation
were exchanges of these accusations. It's like just saying, "Joe Blow is a
racist." It was out there, and the question was, how does one know, and what
is the obligation of the officer to take the second step to try to run that
rumor to ground or that accusation to ground.
... I think you quite rightly recognize in that formulation that knowing involvement with drug trafficking would have killed the program. There was enough concern about that in the Congress of the United States in the late '80s that they passed a law, attached a rider to an appropriation bill preventing monies going to people who were known traffickers in drugs. The question is: what is knowledge? And I keep coming back to that. I know it seems like a legalistic answer, but in point of fact, what we found, and this is the key thing, what we found in the response of officers in the field is that some of these issues were checked out and some weren't.
And our question was, I guess our reaction at the end of the day was, why
wasn't the same procedure applied to all? And in trying to answer that
question, we noted that the directorate of operations' regulations on the
matter were not in final form until after the whole episode--the guidance
from--the knowledge at the working level that a law had been passed in 1987
forbidding monies to be used if drug trafficking was involved was also very
spotty. And we fault the chain of command for that. That information should
have been in the field.
He didn't know how seriously to take this. What was his job? Was he supposed
to quit the business of supplying blankets, arms, advice to the contra
operatives, and just--and go on out and do an investigative effort to find out
whether these allegations, these drug allegations, were well founded or not...
Well, the observations are today that case officers in the field are generally risk averse, that they don't want to take the chance of getting involved with local people who may have spotty backgrounds, and I think that's a bum rap...
If you have spotted an individual in the field whom you think can provide
essential foreign intelligence information to the United States, you have
obligations under current regulations [to] get as much biographical information
on that person as you can, and to forward it back to headquarters for them to
look at their databases to see what information they have. That the judgment
to go forward with X, who may have a checkered past, is a joint decision
between headquarters supervisors and the person in the field...
No. At that particular time, that primary law enforcement responsibility fell
to DEA in the field; but there was also an obligation on the part of the agency
to provide information on that point when they encountered it.
I'd like to look at each of those cases, I really would, try to find out how
much of that is the manner in which the request was put, who was involved. I
mean these are awfully easy allegations to lodge...
Who might have been involved, exactly. And the question is, what is the obligation to find out whether in fact they were involved. And I would have thought in a situation like this guidance, given the nature of the rumors, the guidance could have been a heck of a lot better than it turned out to have been...Frankly, having studied the agency over a period of eight years, and the bureaucracy that is involved, it grieves me but doesn't surprise me that nobody grasped the nettle and got the right information to the field.
We saw too many instances where there was too much bureaucratic wheel turning.
And I'm talking now principally about instructions of the directorate of
operations. That after all is the command unit that is guiding the activity in
the field, the collection activity and the support activity in the field. They
ought to have a pretty full book on how you go about dealing with these
issues...
I would call them, if you had to characterize it, I would call them
bureaucratically challenged; didn't get it done...
Correct. [But] it really was just bureaucratic incompetence?
Yep. Bureaucratic inertia...It's on the record that it took the directorate of
operations from the period of the earliest allegations to long after the Contra
movement had moved on before these regulations came out.
I'd say that's bureaucratic inertia.
No conspiracy. That's ineptitude. Yes, there are lots of things going on.
There is congressional testimony. There are crises in other parts of the
world. There are things that are keeping the individuals who write these
regulations busy, but that's no excuse. You've got to get to it.
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