Judge rules for govt in CIA testimony(Attorneys Wanted Tenet and Gonzales)

AP ^ | 07 Aug 2006 | ESTES THOMPSON

[Marius3188]

RALEIGH, N.C. - Federal prosecutors won their battle Monday to keep former CIA Director George Tenet and several other agency employees from having to testify at the trial of a one-time CIA contractor accused of beating an Afghan detainee.

But U.S. District Judge Terrence Boyle said he would allow defense attorneys for David Passaro to subpoena six witnesses whose identities are classified, and promised to rule on later on four others.

The judge heard the dispute behind closed doors before a jury was selected and opening statements began.

Passaro, a 40-year-old former Special Forces medic from Lillington, N.C., is the first civilian charged with mistreating a detainee during the U.S. wars in Iraq and Afghanistan.

Passaro's attorneys have said they want to call Tenet and Attorney General Alberto Gonzales, formerly the White House counsel, as part of a "public authority defense" - namely, that Passaro was following orders. It was nit immediately clear if Gonzales was among those Boyle said could not be subpoenaed by the defense.