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Daphne Eviatar

Daphne Eviatar

Posted: December 2, 2010 05:55 PM

Earlier this week we learned from Wikileaks that the Bush Administration tried to stop Germany from investigating the CIA's alleged torture of a German citizen, Khalid El-Masri, who'd been mistaken for an al Qaeda terrorist and imprisoned in Afghanistan. I observed that the Obama Administration would have been hard-pressed to take a different position, given that it's refused to investigate (or allow others to sue over) those claims itself.

Now, David Corn in Mother Jones has documented that the Obama administration has, in fact, done just what I thought it would: it's continued the Bush policy of interfering in other countries' attempts to apply the rule of law.

As the Spanish newspaper El Pais reported on Tuesday, a series of cables reveal that U.S. officials pressured Spain's chief prosecutor to get the courts to drop the potential criminal investigations of senior U.S. officials for their roles in the torture of detainees in U.S. custody. U.S. attorney general Alberto Gonzales, former vice presidential chief of staff David Addington, former Justice Department lawyers John Yoo and Jay Baybee, Undersecretary of Defense for Policy Douglas Feith, and former DOD General Counsel William Haynes were all named as potential targets.

As El Pais put it (translation by Scott Horton at Harper's):

the Embassy of the United States in Madrid wielded powerful resources in an extraordinary effort to impede or terminate pending criminal investigations in Spain which involved American political and military figures assumed to have been involved in incidents of torture in Guantánamo, violations of the laws of war in Iraq or kidnappings in connection with the CIA's extraordinary renditions program.

But those "powerful resources" did not end with the Bush administration. As Corn points out:  "A 'confidential' April 17, 2009, cable sent from the US embassy in Madrid to the State Department--one of the 251,287 cables obtained by WikiLeaks--details how the Obama administration, working with Republicans, leaned on Spain to derail this potential prosecution."

The US Embassy started tracking the case as soon a Spanish human rights group requested the investigation in March 2009.  But after Republican Senators Judd Gregg and Mel Martinez got involved, the Obama administration's chargĂ© d'affaires at the US embassy in Spain became more active as well.  According to the cable, the Americans "underscored that the prosecutions would not be understood or accepted in the US and would have an enormous impact on the bilateral relationship" between Spain and the United States. As Corn recounts: "Here was a former head of the GOP and a representative of a new Democratic administration (headed by a president who had decried the Bush-Cheney administration's use of torture) jointly applying pressure on Spain to kill the investigation of the former Bush officials."

As I noted in my earlier post on the El-Masri case, it's not all that surprising that the U.S. government wouldn't want its own senior officials prosecuted in another country. But for the Obama administration to play such an active role in thwarting the ordinary course of an ally's judicial system which was investigating crimes that President Obama had himself decried is pretty disturbing.

Horton put it this way yesterday: "These cables show that the U.S. embassy in Madrid had far exceeded [its] mandate . . . and was actually successfully steering the course of criminal investigations, the selection of judges, and the conduct of prosecutors." In Spain, the "disclosure has created deep concern about the independence of judges in Spain and the manipulation of the entire criminal justice system by a foreign power."

The way the Obama administration is wielding its power to thwart the rule of law abroad ought to create deep concern in the United States as well.

 

Follow Daphne Eviatar on Twitter: www.twitter.com/deviatar

 
 
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lthuedk 1
Artist, Political Imagery
01:43 PM on 12/05/2010
Because Obama is negligent on the Bushist crimes, these crimes *will* happen again. Obama has made sure of that.

His failure to punish those who overthrew the United States will invite more sedition. Thanks, top Officer of the Court.
04:18 PM on 12/04/2010
Kinda sounds like it's time for Obama to give back his Nobel prize.. or at least for the Nobel commitee to admit that they made an error!
01:41 AM on 12/04/2010
This should come as no surprise at all if you're aware that in 2002 Bush pushed through Congress the "Hague Invasion Act" which threatens the Hague with an invasion should any American be prosecuted for war crimes!! In retrospect, it is very obvious that they did this because they intended to commit war crimes and they wanted an open ticket to a perpetual series of wars! This war machine MUST be stopped at any cost! Julian Assange is a very brave man, and I have the highest regard for him because he's standing up for what he believes in, which seems to be a forced transparency on the illegitimate, criminal regime in America!! All the best, Julian!! Keep hope alive for those who believe in accountability for everyone!!
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Eris23
Justice is in indefinite detention.
08:24 PM on 12/03/2010
I understand why the US government is so upset, particularly this administration, about these leaks. With this news, Obama lost my vote for good, along with a number of others as well. His campaign promises on the rule of law and torture were the main reason I voted for him. He has been exposed as a liar in that regard which, for me, is simply unforgivable on this issue. I hope protecting torturers was worth the lost votes from people like me.
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HUFFPOST PUNDIT
Steelsil
Warren/Grayson 2016! Yes We Can!
01:19 PM on 12/03/2010
Wikileaks is alive and well.  Just cut and paste this number in your URL bar to go to Wikileaks:  46.59.1.2
12:51 PM on 12/03/2010
I honestly never believed that Obama would investigate the crimes of the Bush administration because I understand the real meaning of what the establishment refers to as 'American exceptionalism' and it has nothing to do with excellence or anything positive. It simply means we will do whatever we want when we want anywhere in the world. That is what the overseas empire is all about.
12:26 PM on 12/03/2010
no one in the msm is reporting this at all. i was expecting this to be one of the main points of reporting last night or this morning; but no. but i shouldnt be shocked that the media does not serve well to the citizens reporting only truth and important issues of the day; instead they like to talk about palin and bush's new books. what a dissarter journalism has become
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Spekkio
09:19 PM on 12/03/2010
It was on Countdown on Thursday night...but yes, I agree.
11:59 AM on 12/03/2010
Where is all of the liberal anger for the President? Of course they choose to focus it towards President Bush instead.
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11:07 AM on 12/03/2010
and the world does not publically dare to object to Obama & the CIA's secret drone attack assasinations. but you can bet they ((the rest of the aggressors of the world) are working on their own ways to follow-suit. Thanks Obama for making the world a safer place. not.
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HUFFPOST BLOGGER
R.W. Sanders
Numerous questions, too little expertise
08:07 AM on 12/03/2010
We also have to endure Bush pushing his book, and bragging about torturing people. That is throwing his war crimes right into our faces. Their favorite line is that "enhanced interrogation" saved lives. That is a convoluted interpretation of the facts.
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cybersense
09:02 AM on 12/04/2010
That does make it even more difficult.
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cybersense
08:03 AM on 12/03/2010
This isn't new news. Remember there were stops here as well. If this was allowed to happen, it wouldn't have stopped at a few people, it would have gone on and on. A mess.
 
If you were a new President and knew how many area's would be affected by this, you wouldn't want it to start either. Although - I would mind the "heads" of these decision makers getting some grief and being held accountable. In order to do that, however - it would be a non stop infiltration. Over and over and deeper and deeper. Last thing this country really wanted at the time. That is the poiint. If the President could have thrown a few over board that had real power in this without affecting so many, I doubt he would care - and in fact, probably would have done it. It would have made it look much better.
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Spekkio
09:21 PM on 12/03/2010
Serious question: is justice more or less important than making a mess?
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cybersense
09:01 AM on 12/04/2010
I am with you on that, don't get me wrong - but there are reasons. We can't even get justice in our own court rooms most of the time, because people don't understand what the law is - so I am just a little desentized sometimes.
01:01 AM on 12/03/2010
Can we expect Daphne to call for charges to be brought against Bush and Blair?
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truthglow
07:45 AM on 12/03/2010
Don't hold your breath.
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healthanalyst
Banned from commenting, so?
12:20 AM on 12/03/2010
Time for the EU to level sanctions? on US?
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jcaunter
Profile: schizoid, INTJ
11:03 PM on 12/02/2010
The Obama Administration is using its power to thwart the rule of law in the United States as well; anytime anything embarrassing misdeeds by the US government have a chance of coming to light, the US government cries "National Security!" and then rushes to cover them up.

It truly amazes me that anyone still places any credibility in the governments representations now; I can only believe that it's because we have a corrupt and complicit corporatized media in the US, and that most Americans are too incurious and dull too look behind the lies of the MSM and the government and into the truth of matters.
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desidid
04:09 AM on 12/03/2010
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10:30 PM on 12/02/2010
Imagine how different the last 2 years would have been if Obama would have just OBEYED THE LAWS. Instead of trying to manipulate everything. If they had just let the world court try and possibly convict the bush torturers, they wouldn't be stuck carrying their mess.
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Elizabeth Kipp
Editor, The Daily Love
11:13 PM on 12/02/2010
I agree that the last 2 years would have been different if Obama would have just obeyed the laws. I had high hopes for this President, being a Constitutional scholar, an apparent serious thinker, and appearing to want to effect a positive change of how America is viewed by the world. For all of the inspirational speeches President Obama has given abroad, this pressure to influence and oppose other countries' governments own laws is only exacerbating and already dubious view of America from abroad. How is the U.S. going to be able to inspire positive actions in other countries when the U.S. is not obeying the laws, both domestically and internationally? This is disturbing news and it is not the change for which I voted.