CIA employees buying legal insurance

According to tomorrow's Washington Post, CIA counterterrorism officers are signing up for a legal insurance benefits program, due to concerns that they may be personally liable to torture victims at secret CIA prisons, according to "agency officials."

Under agency theory, the federal government would ultimately be liable, assuming the officers were acting within the scope of their employment. It seems to me that they were within the scope--when the same abuses take place at facilities all over the world, signs point to a governmentwide policy. Although that doesn't absolve the officers of personal liability, the Justice Department should represent them. The Bush administration is pretty good at hanging the rank and file out to dry, so who knows what's going to happen?