Spain Looks To Prosecute Bush Officials

Court Will Consider Criminal Case Against Alberto Gonzales, Others For Torture

(AP)  A Spanish court has agreed to consider opening a criminal case against six former Bush administration officials, including former Attorney General Alberto Gonzales, over allegations they gave legal cover for torture at Guantanamo Bay, a lawyer in the case said Saturday.

Human rights lawyers brought the case before leading anti-terror judge Baltasar Garzon, who agreed to send it on to prosecutors to decide whether it had merit, Gonzalo Boye, one of the lawyers who brought the charges, told The Associated Press.

The ex-Bush officials are Gonzales; former undersecretary of defense for policy Douglas Feith; former Vice President Dick Cheney's chief of staff David Addington; Justice Department officials John Yoo and Jay S. Bybee; and Pentagon lawyer William Haynes.

E-mail requests for comment left with Yoo and with Feith through his Hudson Institute address, and a phone message left for Yoo, were not immediately returned.

Spanish law allows courts to reach beyond national borders in cases of torture or war crimes under a doctrine of universal justice, though the government has recently said it hopes to limit the scope of the legal process.

Garzon became famous for bringing charges against former Chilean dictator Augusto Pinochet in 1998, and he and other Spanish judges have agreed to investigate alleged abuses everywhere from Tibet to Argentina's "dirty war," El Salvador and Rwanda.

Still, the country's record in prosecuting such cases has been spotty at best, with only one suspect extradited to Spain so far.

When a similar case was brought against Israeli officials earlier this year, Foreign Minister Miguel Angel Moratinos assured his Israeli counterpart that the process would be quashed.

Even if indictments are eventually handed down against the U.S. officials, it is far from clear whether arrests would ever take place. The officials would have to travel outside the United States and to a country willing to take them into custody before possible extradition to Spain.

The officials are charged with providing a legal cover for interrogation methods like waterboarding against terrorism suspects at Guantanamo, which the Spanish human rights lawyers say amounted to torture.

Yoo, for instance, wrote a series of secret memos that claimed the president had the legal authority to circumvent the Geneva Conventions.

President George W. Bush always denied the U.S. tortured anyone. The U.S. has acknowledged that Khalid Sheikh Mohammed, the self-described plotter of Sept. 11, and a few other prisoners were waterboarded at secret CIA prisons before being taken to Guantanamo, but the Bush administration insisted that all interrogations were lawful.

Boye said he expected the National Court to take the case forward, and dismissed concerns that it would harm bilateral relations between the two countries.

He said that some of the victims of the alleged torture were Spaniards, strengthening the argument for Spanish jurisdiction.

"When you bring a case like this you can't stop to make political judgments as to how it might affect bilateral relations between countries," he told the AP." It's too important for that."

Boye noted that the case was brought not against interrogators who might have committed crimes but by the lawyers and other high-placed officials who gave cover for their actions.

"Our case is a denunciation of lawyers, by lawyers, because we don't believe our profession should be used to help commit such barbarities," he said.

Another lawyer with detailed knowledge of the case told the AP that Garzon's decision to consider the charges was "a significant first step." The lawyer spoke on condition of anonymity because he was not authorized to talk to the media.

There was no immediate comment from Garzon or the government.

The judge's decision to send the case against the American officials to prosecutors means it will proceed, at least for now. Prosecutors must now decide whether to recommend a full-blown investigation, though Garzon is not bound by their decision.

The proceedings against the Bush Administration officials could be embarrassing for Spanish Prime Minister Jose Luis Rodriguez Zapatero, who has been keen to improve ties with the United States after frosty relations during the Bush Administration.

Zapatero is scheduled to meet President Barack Obama for the first time on April 5 during a summit in Prague.

[KennyGileck]

These men have tried to kill inocent people. Kids, women, it didnt matter! Why is it a political issue? These men Are blessed to be alive, just so they can go on killing when we let them go! Waterboarding never killed anyone! We need to move on as a country and get over the Bush era! It sucked, the government is now bigger than ever! The new guy is going to grow it even bigger! We are in for a world of hurt in this country if we cant move forward and get out of this, instead of looking backward! And by the way GO NAVY! Hooooooorrrrraaaaa

[Aldymac]

Is the threat of beheading an act of terror? How about doing the beheading, with a live and concious victim? Why doesn't Spain go after terrorists who torture? Or is it much easier going after Americans?

[j_mcdonald-2009]

guyfrompa50: "I'm not sure what they are thinking but if torturing some low life scum saves even on American then I'm in."

And if it costs American lives, then what? Chasing bad intelligence is a dangerous diversion or resources, and can lead to unintended collateral damage.

[wakko2]

No one suspects; '"the spanish inquisition" :)

[cbsantispin]

cbsantispin , Who said i was on the Sidelines?
I made allot of Texas Trailer Dwellers angry with my defence of Gore,
I never like SHRUB, Ann Richards had him pegged accurately.

Posted by Quetzalcoatl-Vive at 11:41 AM : Mar 30, 2009

The big deal about the Supreme Court deciding the 2000 election in favor of George W. Bush was that the Supreme Court could have made an equally strong argument in favor of Gore if it wanted to, this is why the make up of the Supreme Court is critical, the Court was mostly conservative and decided that way!

[cbsantispin]

Passing the buck is all you rightwingnuts know how to do,
Had shrub not been so incompetent, we would not be still searching the mountains of Afghanistan for a tall Saudi national.

Posted by Quetzalcoatl-Vive at 10:18 AM : Mar 30, 2009

You and your ilk remained silent and stood on the sidelines while Florida, governed by Shrubs brother and the Supreme Court stole the election from Gore! Where were you then?, don't you dare complain about Shrub now! Silence is consent! Losers.

[valh1]

Lefties, keep on dreamin". It ain't gonna happen! Allowing this to happen would make Obama look bad too and make him fear for himself should things turn ugly in "his Vietnam" (Afghanistan).

[daffy64]

I wish the Canadian government had done the same thing. Then we could have arrested Bush when he came to Alberta a couple of weeks ago.

[daffy64]

I'm not sure what they are thinking but if torturing some low life scum saves even on American then I'm in.

--

For sure! Let's start with Bush and Cheney!

[cbsantispin]

Posted by skyk-2009 at 3:53 AM : Mar 30, 2009
Posted by veteran71 at 2:49 AM : Mar 30, 2009

Both of you don't realize the impact of the current enemy not taking any prisoners, killing all captured prisoners literally on the spot! In WWII approximately 130,000 Americans were captured and taken prisoner, many survived and lived to return home and see their families again. If those same 130,000 Americans were captured and taken prisoner fighting in this war, they would all be dead, ponder that. When the U.S. captures prisoners, even if they are tortured, lets say that they are for the sake of argument, they still live to see another day and eventually return home to their families, most of them do, torture is still not certain death or having your head chopped off. Certain death is not torture?

[cbsantispin]

Posted by skyk-2009 at 3:53 AM : Mar 30, 2009
Posted by veteran71 at 2:49 AM : Mar 30, 2009

In my opinion both of your arguments are bu l l s h i t! It's fine to feel that way safe behind a computer keyboard talking high and mighty and politically correct, but I guarantee you if it were you in combat, in the heat of battle trying to make it back home to see your family, you are not thinking about the best politically correct way to handle or kill your opponent who is probably thinking the same way! You also know if your opponent captures you, you will not be a prisoner for long because the enemy will execute you soon since they don't take prisoners and you also may end up on the web getting your head chopped off! So continue on, safe behind your keyboard spewing your unrealistic nonsense. Also don't forget your opponent may be wearing a bomb vest set to go off the moment you capture them as you try to take them prisoner. The rules of combat have changed, I predict the U.S. will continue to play by our long standing rules in the immediate future but over time after the U.S. starts to sustain intolerable loses because the enemy is playing by a totally scorched earth set of rules, our combat policies and thinking will change. I know the ideas behind the thinking that goes into treating our enemies "fair", but as those recently released from Gitmo have already demonstrated, they could care less about our being nice. this is war! Eat of be eaten, dog-eat-dog!!

[missingamerica]

ShooShoeBush: Yesterday, Rove said (when speaking of the efforts to undo the damage he and his fellow Bushies have done) of Congress something to the effect that "you can legislate in haste but you can't repent at leisure".

The irony about blasted me out of my chair: Shades of "authorizations to use force in Iraq", the "Patriot Act", the Bankruptcy revisions, various and sundry "free trade" actions, the....

[skyk-2009]

Spain and other interested nations make no effort to pursue these criminals or bring them to Justice, there is only interest in going after Americans. Real Justice is applied equally, justice is not a one sided affair in which case the U.S. should tell Spain to go away and have a nice day! It's equal justice for all or no justice at all.
Posted by cbsantispin at 10:16 PM : Mar 29, 2009

Did the OTHER folks involved, the one's you referred to, sign the convention and UN Provisions on Torture? Did they make a commitment to make EVERY effort to oppose and prevent Torture regardless of where it was? The Enemy are the bad guys and we are suppose to stand for right... WE are supposed to stand up for the commitments we crafted and pushed OTHER nations to sign. Your logic seems to say that we are allowed to violate our word and the Law because those we fight against do... IT'S and INSANE argument and puts US Troops in harms way. Before Bush and Cheney we had an ABSOLUTE right to insist that our troops not be tortured and a WARNING that if they were we would seek to bring those who committed such acts to justice. Now? Now all we can say is, "don't do what I do, do what I say"!

[didserve]

Good Job Spain!

Then American People are with you!

[j_mcdonald-2009]

Hey, CBS. Are you ever going to install a proper comment mechanism? Hierarchical threads, the ability to expand/compress comments, the ability to review your post before committing it, etc.?

These long comment sections get totally chaotic and make it near impossible to scroll around and figure out what's going on.

As I type this, I'm looking at a tiny 8-line box that fills about 1/20 of my screen, and when I hit submit, a lot of invisible text will be permanently posted. That's rather user-unfriendly.

Other sites can do it right. Why not you?

[j_mcdonald-2009]

roach9703: " Did Spain get Pinochet?"

No, he spent a couple of years under house arrest in England, then escaped trial on the basis of medical infirmity and went back to Chile where he faced more trials and house arrest, again using dementia as a defense, until he died 8 years later. Given the fact that Thatcher was a friend of his and did her best to protect him, the fact that he had a lengthy house arrest in England is at least a bit significant. With a different prime minister, it's not clear what would have happened. (At least, that's what my friends from there tell me.)

[j_mcdonald-2009]

NOinhale: "Impeach Bush Cheny NOW!!!!!!'

LawyersGuns-n-Money: "Hey genius, it's 2009. They're no longer in office. Figure the rest out yourself."

Actually, removal from office is just one possible result of impeachment and conviction. A good case can be made for impeaching an officer after they leave office if the objective is to permanently disqualify them from ever holding another federal office, which is another possible outcome of impeachment and conviction.

I don't think it's ever been done, though, except for one obscure trial that probably would never be used as precedence due to several complicating factors.

[cbsantispin]

To anyone but the most deluded Reich Wingnut Goose-Stepper, the United States, under the direction of the Bush/Cheney Crime Cartel, Illegally Renditioned, Imprisoned, Tortured, and Murdered, numerous individuals, with absolutely NO evidence that they were guilty of ANY crime. In fact, Agents involved in these acts have now admitted that Torture was continued on individuals even AFTER it had been determined that they were not guilty of any crime whatsoever. Of those, some were beaten to DEATH.
Individuals involved have also stated that it was common knowledge that these criminal acts were continued to cover for the obvious ineptness and cluelessness of Bush, Cheney, Rummy, Condi, and others at the top.
Please Droolers, purchase a clue......

Posted by veteran71 at 8:55 PM : Mar 29, 2009

When "Justice is applied equally" then the United States should consider participating in Spain's witch hunt! The crimes perpetrated by the enemies of the United States against Americans and American interest are still far worst than any alleged torture authorized by the U.S.! There is no effort by the International Community to investigate battle field murders perpetrated by the enemy, where no prisoners are taken, prisoners are executed on the spot with mob style like hits. Prisoners have their heads chopped off and the murder is displayed worldwide on web video, and in those murders no evidenced needs to be collected, the execution video is all the evidence needed. Spain and other interested nations make no effort to pursue these criminals or bring them to Justice, there is only interest in going after Americans. Real Justice is applied equally, justice is not a one sided affair in which case the U.S. should tell Spain to go away and have a nice day! It's equal justice for all or no justice at all.

[hankvreeland]

Next year they could be talking about Mr. Obama, Thats why it is smart to have nothing to do with the International Criminal Court. The UN is bad enough.

[aiglustizgood]

Whats the deal here.Someones is gonna have to be sacrificed due to the Bush-Cheney ideology .Which in turn means your association w these 2 men is cemented as your loyalist ways catch up 2 you.lambs to be given for the deeds of powerful and influential.Basically those in power will be subjected to give thier own for cleansing of the whole .How power makes the patsies pay of the whole ordeal.Give to get..Come on people figure it out this stuff has been going on for milleniums.Goo day