What About the Next Time?

“All volunteers step forward. We have a person in custody who is high-ranking al-Qaeda. He taunts that an attack on United States soil is imminent but laughs mockingly when we ask for specifics. We need interrogators.” Such was the threat in the summer of 2002 when the CIA asked the Justice Department for guidance on what its personnel could do to get such information from captured al-Qaeda lieutenant Abu Zubdayah.

Since then, the lawyers who stepped forward to provide carefully structured counsel have been criminally investigated and told that, even if they are not prosecuted, their conduct will be turned over to their state bars. The interrogators who stepped forward were promised in early spring by President Obama that, even if they erred in judgment while protecting our country, the president would rather “move forward.” However, in late summer, they are under criminal scrutiny.

Even though an earlier investigation by career prosecutors reviewed the same conduct and refused prosecution of all but one contract employee who was brought to trial in 2007. Even though congressional leaders had knowledge of the interrogation techniques and made no attempt to stop them. Even though the conduct is more than six years old. Even though the CIA has taken administrative action against some of the personnel involved in the interrogations. Even though being just a target of a criminal investigation costs thousands of dollars in legal fees. Even though being just a target of a criminal investigation takes a horrendous mental toll. Even though the morale of the CIA will plunge to the depths it did in the wake of the Church Committee attacks. Even though the release of the names of those being scrutinized will make them terrorist targets for the rest of their lives. Even if they are cleared.

The next time our government employees are asked to step forward to get information of a possible, even probable, imminent attack, no one will. Even though . . .

— Ms. Toensing is a former chief counsel for the Senate Select Committee on Intelligence and a former deputy assistant attorney general, criminal division. She is in private practice in Washington, D.C.