In a story he says he resigned from the agency to tell, Gary Berntsen recounts the attacks he coordinated at the peak of the fighting in eastern Afghanistan in late 2001, including how U.S. commanders knew bin Laden was in the rugged mountains near the Pakistani border and the al Qaeda leader's much-discussed getaway.
Berntsen claims in a federal court lawsuit that the CIA is over-classifying his manuscript and has repeatedly missed deadlines written into its own regulations to review his book. His attorney, Roy Krieger, said he delivered papers to the U.S. District Court in Washington after hours Wednesday.
The CIA declined to comment because the suit had not yet been filed officially.
During the 2004 election, President Bush and other senior administration officials repeatedly said that commanders did not know whether bin Laden was at Tora Bora when U.S. and allied Afghan forces attacked there in 2001.
They rejected allegations by Sen. John Kerry, then the Democratic presidential nominee, that the United States had missed an opportunity to capture or kill bin Laden because they had "outsourced" the fighting to Afghan warlords.
"When I watched the presidential debates, it was clear to me ... the debate and discussions on Tora Bora were — from both sides completely incorrect," said Berntsen, who won't provide details until the agency finishes declassifying his book. "It did not represent the reality of what happened on the ground."
A Republican and avid Bush supporter, Berntsen, 48, retired in June and hasn't spoken publicly before.