How cool is Jennifer Harbury? She is currently arguing her own case before the Supreme Court, demanding the right to sue the government because, she maintains, its leaders deliberately misled her about the murder of her husband, a Guatemalan rebel leader named Efrain Bamaca Velasquez who was killed in army custody during the counterinsurgency war in Guatemala in the early 1990s.
Harbury has a case. The State Department has confirmed that Col. Julio Roberto Alpirez, who was present during Bamaca’s interrogation/murder, was a paid CIA asset. A CIA report alleges that Alpirez did the dirty deed himself. When then-State Department official Richard Nuccio informed Senator Robert Torricelli of that, Nuccio immediately found himself the target of a Justice Department investigation. A federal prosecutor accused him of betraying America by conspiring with Torricelli to blow Alpirez’s cover, of destroying CIA officers’ careers and of being an agent of the guerrillas. Although the United States offered no official charges or accusations, in a highly unusual move the CIA demanded that the State Department strip Nuccio of his security clearance, thereby depriving him of his livelihood. Harbury endured a thirty-two-day hunger strike to force those officials to come clean. She is now arguing that she could have saved her husband’s life through the US court system had she known the truth during the period between his capture in March 1992 and his murder in 1993 or 1994.
A report by the President’s Intelligence Oversight Board rejected the charge of deliberate lying by US officials but admitted that if the government had bothered to investigate “when Jennifer Harbury first raised the issue of her husband’s fate” in the spring of 1992, the State Department “might have been able at a much earlier date to provide her with useful information.” The key word here appears to be “useful.”
Warren Christopher, Anthony Lake and the other Clinton Administration officials named by Harbury are probably right when they argue that leveling with her at the time would have made little difference in saving her husband’s life. US courts do not have jurisdiction over the Guatemalan military (though US foreign policy officials often do). They also deny that they lied. But for procedural reasons, the ex-officials have to argue that regardless of whether they lied, a US citizen has no legal right to sue a public official who does lie. Solicitor General Theodore Olson filed an amicus brief arguing on behalf of the government’s right to lie: “It is an unfortunate reality that the issuance of incomplete information and even misinformation by government may sometimes be perceived as necessary to protect vital interests,” he maintains.
This particular case stinks for more reasons than can be precisely counted. In addition to the above, Bamaca was killed by a genocidal government that enjoyed the enthusiastic support of Ronald Reagan and George H.W. Bush. This is not only my opinion; it is the view of the Guatemalan Historical Clarification Commission’s 1999 report, which condemns the United States for aiding a “criminal counterinsurgency” against the nation’s indigenous Mayan population. America’s Guatemala policy was anticommunism gone mad.