The New York Times reports: Agonizing over torture as an antiterrorism tactic — how to define it and how to punish abusers, if at all — has been central to national security debates since the Sept. 11, 2001, attacks. The issue has received renewed attention in recent months with the release of a Senate committee report describing techniques used by the Central Intelligence Agency against terrorism suspects, practices found by senators to have been high in brutality and low in effectiveness.

A few pivotal questions about war’s excesses come together in the decade-old case of one man, who now has the attention of Retro Report, a series of video documentaries that examine major news stories of the past and their impact today. This man, David A. Passaro, is a former Army Ranger who in 2003 went to work for the C.I.A. in Afghanistan as an independent contractor. His brief tour in that country turned out wretchedly. He ended up being sentenced to more than six years in federal prison for beating an Afghan prisoner who then died at an American military base near the border with Pakistan.

Despite evidence that abuses like those chronicled in the Senate report were far from isolated, Mr. Passaro’s situation was singular. A few dozen members of the military were court-martialed for misconduct like the well-documented humiliations inflicted at Abu Ghraib prison in Iraq. But Mr. Passaro is believed to be the only C.I.A.-connected civilian ever prosecuted for going too far. So rare was his case that, to bring him to trial in this country for actions committed overseas, the Justice Department took the highly unusual step of invoking the Patriot Act, the post-9/11 statute intended principally to thwart would-be terrorists. [Continue reading…]