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John Rizzo: The most influential career lawyer in CIA history

John Rizzo, acting general counsel, has long guided the agency through murky legal matters, but he's paying the price for it.

June 29, 2009|Greg Miller

After law school at George Washington University, Rizzo joined the CIA in 1976, just as the agency was emerging from scathing congressional investigations into Nixon-era abuses.

Within three years, Rizzo was designated the attorney for the Directorate of Operations, the CIA branch that conducts clandestine missions. His predecessor had lasted only a year, but Rizzo rapidly established a rapport with the officers of the "DO."


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Being a CIA lawyer involves navigating issues that tend not to come up in law school. One of Rizzo's first tasks was devising rules for CIA operatives in Central America, where the agency was backing anti-communist rebels.

At issue was whether the CIA could have informants on its payroll who were working for death squads. In a classic Rizzo ruling, he concluded it was acceptable as long as the source wasn't carrying out assassinations himself.

If the informant was tapped to pull the trigger, Rizzo came up with what he called the "shoot in the air scenario," meaning that the CIA hire could go ahead with the assignment as long as he made sure that he missed.

A fan of spy novels and movies, Rizzo has Zelig-like connections to some of the more intriguing episodes of CIA history.

When then-CIA Director William J. Casey collapsed at agency headquarters shortly before he was scheduled to testify before Congress on the Iran-Contra scandal, it was Rizzo who was waiting outside Casey's office.

He was there to prepare Casey for the hearing, but the director was taken away by paramedics, and subsequently died of brain cancer.

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In the Bush era

Rizzo was never regarded as an ideologue. But after the Sept. 11 attacks, he found himself surrounded by Bush administration attorneys who were committed to pushing the limits of executive power and granting the CIA unprecedented detention and interrogation authority.

Some former colleagues said they are puzzled by Rizzo's acquiescence.

"Maybe Rizzo didn't count on the boundaries changing as the perceived threat from Al Qaeda decreased or as political postures changed," said John Radsan, who served as assistant general counsel at the CIA from 2002 to 2004. "Or maybe Rizzo factored this in, and accepted the consequences."

Defending his decisions, Rizzo has told colleagues that although the CIA has faced criticism for its interrogation methods, failing to prevent a follow-on attack might have led to its dismantling.

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