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The Bush Six to Be Indicted
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Spanish prosecutors will seek criminal charges against Alberto Gonzales and five high-ranking Bush administration officials for sanctioning torture at Guantánamo.
Spanish prosecutors have decided to press forward with a criminal investigation targeting former U.S. Attorney General Alberto Gonzales and five top associates over their role in the torture of five Spanish citizens held at Guantánamo, several reliable sources close to the investigation have told The Daily Beast. Their decision is expected to be announced on Tuesday before the Spanish central criminal court, the Audencia Nacional, in Madrid. But the decision is likely to raise concerns with the human-rights community on other points: They will seek to have the case referred to a different judge.
Both Washington and Madrid appear determined not to allow the pending criminal investigation to get in the way of improved relations.
The six defendants—in addition to Gonzales, Federal Appeals Court Judge and former Assistant Attorney General Jay Bybee, University of California law professor and former Deputy Assistant Attorney General John Yoo, former Defense Department general counsel and current Chevron lawyer William J. Haynes II, Vice President Cheney’s former chief of staff David Addington, and former Undersecretary of Defense Douglas J. Feith—are accused of having given the green light to the torture and mistreatment of prisoners held in U.S. detention in “the war on terror.” The case arises in the context of a pending proceeding before the court involving terrorism charges against five Spaniards formerly held at Guantánamo. A group of human-rights lawyers originally filed a criminal complaint asking the court to look at the possibility of charges against the six American lawyers. Baltasar Garzón Real, the investigating judge, accepted the complaint and referred it to Spanish prosecutors for a view as to whether they would accept the case and press it forward. “The evidence provided was more than sufficient to justify a more comprehensive investigation,” one of the lawyers associated with the prosecution stated.
But prosecutors will also ask that Judge Garzón, an internationally known figure due to his management of the case against former Chilean dictator Augusto Pinochet and other high-profile cases, step aside. The case originally came to Garzón because he presided over efforts to bring terrorism charges against the five Spaniards previously held at Guantánamo. Spanish prosecutors consider it “awkward” for the same judge to have both the case against former U.S. officials based on the possible torture of the five Spaniards at Guantánamo and the case against those very same Spaniards. A source close to the prosecution also noted that there was concern about the reaction to the case in some parts of the U.S. media, where it had been viewed, incorrectly, as a sort of personal frolic of Judge Garzón. Instead, the prosecutors will ask Garzón to transfer the case to Judge Ismail Moreno, who is currently handling an investigation into kidnapping charges surrounding the CIA’s use of facilities as a safe harbor in connection with the seizure of Khalid el-Masri, a German greengrocer who was seized and held at various CIA blacksites for about half a year as a result of mistaken identity. The decision on the transfer will be up to Judge Garzón in the first instance, and he is expected to make a quick ruling. If he denies the request, it may be appealed.
Judge Garzón’s name grabs headlines in Spain today less because of his involvement in the Gonzales torture case than because of his supervision of the Gürtel affair, in which leading figures of the conservative Partido Popular in Madrid and Valencia are now under investigation or indictment on suspicions of corruptly awarding public-works contracts. Garzón is also the nation’s leading counterterrorism judge, responsible for hundreds of investigations targeting Basque terrorist groups, as well as a major recent effort to identify and root out al Qaeda affiliates operating in the Spanish enclaves of North Africa.
Announcement of the prosecutor’s decision was delayed until after the Easter holiday in order not to interfere with a series of meetings between President Barack Obama and Spanish Prime Minister José Zapatero. However, contrary to a claim contained in an editorial on April 8 in the Wall Street Journal, the Obama State Department has been in steady contact with the Spanish government about the case. Shortly after the case was filed on March 17, chief prosecutor Javier Zaragoza was invited to the U.S. embassy in Madrid to brief members of the embassy staff about the matter. A person in attendance at the meeting described the process as “correct and formal.” The Spanish prosecutors briefed the American diplomats on the status of the case, how it arose, the nature of the allegations raised against the former U.S. government officials. The Americans “were basically there just to collect information,” the source stated.The Spanish prosecutors advised the Americans that they would suspend their investigation if at any point the United States were to undertake an investigation of its own into these matters. They pressed to know whether any such investigation was pending. These inquiries met with no answer from the U.S. side.
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n--Y--jdavxcroger37
Instead of belittling the gesture, maybe you should consider it an indication of the opinion of the rest of the world about the US under Bush.
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da47ve
Bite me roger37,
The only idiot in this charade is the bamster government...I can't wait for the egg to fly in the face of Obama when he attempts to prosecute these guys...
ElLamer
@da47ve
actually Obama is the one (still) blocking the investigation.... why do you think the Spanish investigation is otherwise newsworthy.
We signed a treaty to investigate all allegations of torture and are not doing our part. I'm pissed at Obama for not investigating. If you don't think there should be a investigation into torture than Obama should be your hero currently.
I have the slightest eek of a sneaking suspicion that you have the slightest of tendencies to sometimes maybe blame Obama for the smallest part of everything regardless of reality.
diogeron
I'd like to know what all the Americans who are criticizing Spain would want to do if the circumstances were reversed and it was AMERICAN citizens who were treated like this. My guess is that Limbaugh and all the usual suspects at Fox News would be calling for Zapatero's head on a platter.
roger37
da47e: Just F Your I, Spain is not part of the United States. It's, like, a separate country, ya know? Ergo, BHO has no authority there.
Actually, I agree with ElLamer. What he said!
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lramer
I think conservative American groups should try to obtain indictments in a third, European country against top Spanish officials involved in the opression of the Basques in Spain . If I'm not mistaken, there were allegations that the Basques were tortured. This step would definitely quash the Spanish and European holier than thou attitude and possibly get them to back down.
CherokeeGirl
I find it strange that you would attack Spain on this issue.
Talk about missing the forrest for the trees!
Throwing the baby out with the bath water....sheesh.
SteveStephens
this has nothing to do with China.
scough
Of, sourse it does, "Steve Stephens", AKA Chou En Lai, Jr..
stevepizzo
"The standards by which we judge these defendants today are the standards by which we shall be judged tomorrow."
(Opening remarks by Supreme Court Justice William Jackson, appointed by President Truman as lead Prosecuter at the Nuremberg trials. )
Ritarita
Maybe
You should phone
Pinochet's
Wife
For the
Punchline.
CherokeeGirl
Har de har de freegin har! You won't be laughing when you are traveling abroad, get kidnapped, and tortured for years and years.
THEN, you will be singing a sad sad song
CherokeeGirl
so it's okay that the Chinese torture Tibetans? man oh man....
maxpower1013
haha it took spain to hold US officials accountable for torture. sad
aBigDeal
Let's hold Spain accountable for the Anti-American sentiment that results in Jetliners crashing into our buildings.
Let's indict their bull fighters for animal cruelty while were at it.
smiles
ummm... so you're suggesting the Spanish are behind 9/11. Really?
ElLamer
Ok I'm all for it but lets wait until they torture one of our citizen first... Fair is Fair you know.
SteveStephens
I think that is a bit of a stretch. Saudis moron, not Spain.
mculumbreru
Let's nail bullfighting for killing about 100 bulls, but what about the 100 million cows and bulls killed every year for beef... those don't matter? I don't like bullfights (and I'm a Spaniard) but the bullfight argument is a little pathetic when put into perspective and considering how many animals, by the millions, are killed every years in the cheapest and sometimes cruelest forms possible. But I guess when it is presented in neat Styrofoam trays it does seem so bad...
CherokeeGirl
dang it...WHY do some people have to even boot up their computers.
idiotking
Well, Judge Garzon clearly has a lot of experience with war criminals, terrorists, and corrupt politicians... so I'm not terribly surprised that Gonzales, Feith, Yoo, et. all wound up in his docket!
Regardless of your political affiliation, one has to be ashamed of the incompetence, ignorance, and arrogance that bunch displayed... what fool would think that torture -- sorry, "enhanced interrogation techniques, or things that we call torture when someone does it to US" -- possibly provides anything of value worth setting aside our moral standing and principles? If you torture someone, they'll either endure it, or they'll tell you anything to make it stop... not necessarily anything true!
ElLamer
Yes this is one of the rare things that my liberal and conservative friends all agree on.
scough
Puh-leeze! Move out of Berkeley.
ElLamer
@scough
Ok so in your world I live in Berkeley. How is it in your world? I like to go there.
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onegandolf1
Just as they were presented with accurate info concerning the cultural make-up of Iraq and given what has turned out to be a very accurate estimation of how many troops would be required, experts on interrogation also certainly pointed out that information acquired through torture was generally worthless. Had we known the Bushies then as we know them now, we should have realized that , just as night follows day, they would ignore that wisdom.
You go, Spaniards!!! If there is anything that I can do to help, just ask.
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MaliciousDisorder
What a bunch of loooosers.. Why not start with active politicians like Harry Reid or Nancy Pelosi, or maybe Al Gore for his global warming fraud
merrymacg
NWAR (Not Worth a Response.)
Gothsifu
For people who think like this what about a test for any synapses firing in the collective skulls?
PeorgieTirebiter
So, which of the six being investigated are "inactive" politicians? Probably a good idea to start getting your Doctor's notes read to you; malicious and malignant are easily confused by lazy readers too.
ElLamer
again I'm all for it, as soon as we have evidence of Reid Pelosi and Gore authorizing torture I will take to the streets demanding their arrest just like we promised the world. Until then lets stick to people we have slam dunk evidence on, oh wait that phrase is tainted isn't it.
muddog
Gloabl Warmings aFraud.....
Oh I just read the earth is flat too...
citivas
Wow, is that a joke? No one with a brain still believes global warming is a myth -- no one. There are seriously about as many scientists defending that idea as there are defending the idea that the earth is flat. If you really believe it is fraud, that's like posting a sign on your head that said, "pardon me for being an idiot." I'm not saying this as an insult or to be mean, just pointing out you might want to be more careful about expressing fringe opinions that make you look really silly unless you don't mind looking so out of touch...
BTW, there is still plenty of debate on how much of the global warming phenomenon is man-made versus a natural cycle. But no serious debate remains on the overwhelming fact that, man-made or natural, it is happening.
abluevoice
Even your idol and fool of an ex-President, Bush, agreed on his way out that Global Warming was a threat. The Republicans strategy of creating dumb and dumber followers with their lies and propaganda could easily make you their poster child "MaliciousDisorder"!
Munodi
How very UN-AMERICAN of you. We are a nation of laws and NO ONE should be above them.
CherokeeGirl
well, you have certainly selected an appropriate screen name for your hateful remarks.
It's about BREAKING THE LAW, something you folks only use when it's convenient for you or pushes your evil agenda.
Hawnzz
I can just hear Fox News/O'Reilly now. Let the games begin!
JCIllUSA
Actually, O'Reilly has already commented, and is considering calling for a boycott of Spain. I hope that if people do not choose Spain, which has become an enemy of the US, as a vacation destination, including cruise ships that go there, they will feel the economic pain. Avoiding Spanish products, such as wine, might help too. Spain became irrelevant when they gave into the terrorists that blew up their trains, and elected a socialist leader.
Munodi
Irrelevant you say! My dear friend the it is you and the Confederate party who are irrelevant. Only 25% of the U.S. population identifies as Republican. You have become a radical fringe group. Oh and have fun with your tea bagging, but I do suggest you wear a condom.
scough
You're right! Let's boycott those Franco-loving fascists. They should be investigating their own Civil War before they start to worry about the US.
MattSch
Boycotting Spain does nothing. How can you take them to task for investigating the torture of their own citizens at Gitmo? Reports have been leaking from Gitmo for several years regarding the interrogation methods and torture that we used every day. I have lived in Spain, and you are misinformed if you think they gave into the terrorists that blew up the Atocha metro. Know your issues before speaking your mind.
JCIllUSA
Munodi, exactly 73.356 percent of all statistics are made-up, like your 25% Republican nonsense. Actually, fewer than 5% of the U.S. population are extreme leftists, so you belong to a smaller radical fringe group than I do. See you at the tea party.
ElLamer
I would argue the pro-torture crowd are siding with the terrorists. What a way to boost recruiting.
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n--Y--venichkaCherokeeGirl
repeating Bill-O's talking points so dutifully.
Joanne38
These prisoners were not at Gitmo because they were great people. Spanish prosecuters need to move on and get a life. This is such a joke or should I say they are making themselves a joke of the world.
idiotking
You don't know that -- there have been instances of mistaken identity, and otherwise innocent people who got caught at the wrong place at the wrong time. If they're terrorists, I say hang 'em high, but not without proving it first! That's what justice is all about!
Grundy
Finally, some logic from you - I'm impressed - a little.
CherokeeGirl
me thinks your screen name is wrong
it should be SmartKing! :
good post! Keep fighting the Good Fight.
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tommyjohn
I see, only great people ever find themselves outside the long arm of the law? Great people like Dubya, Cheney, et al. Moron.
CherokeeGirl
how do we know who's in there and how dangerous they are?
you better hope for mercy when you're swept up and hauled away in the middle of the night with no legal charges leveled. You'll have lots of time to think about it in the little box with the insects.
DrEvil
That's so special will we have to choose 1 or 2 to hear the verdict in English?
roger37
That's so disgusting. The embodiment of the "Ugly American."
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coquita
Don't be jealous because the Spaniards know more foreign languages than you do. Most know how to speak two to three languages, while you still struggle with one. Get a life.
Joanne38
Scott Horton seems to have a chip on his shoulder pertaining to the Bush Administration. It is obvious he has no life other than surrounding himself with hate. He sounds like a very unhappy sad miserable person. I think we all know what his agenda is by all these make believe articles trying to make them sound legitimate.
idiotking
Unhappy... sad... miserable... you mean, like someone who writes a post speculating on the psyche of a writer, with no basis or argument, because they disagree with his politics? Guess it takes one to know one...
Grundy
Now this is more like the king of idiots that I know and .........
knowbuddhau
So anyone who says anything that makes you the least bit uncomfortable "has a chip on his shoulder," and you then compound your error by sticking pins in your voodoo doll, when it's perfectly obvious you are pulling this out yer ass. Have you ever even heard of Harper's, where Horton writes the blog, No Comment? Have you ever even heard of his work as one of the leading anti-torture lawyers in the US? (Granted, Horton's long-standing support for McCain and his support for Gates as SecDef baffle even me.)
You say: "it seems;" "it is obvious;" "he sounds like;" "I think we all know;" care to join us in the reality-based community? I dare you to read No Comment, esp. Horton's posts on the relevance today of classical works of art, and come back here with an actual argument supporting your dumbass assertions.
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This comment has been removed by The Daily Beast's editors.
This comment has been removed by The Daily Beast's editors.
CherokeeGirl
a second seems to be as long as you think about anything.
"President Bush did the job he was supposed to do."
Man, some people will just follow any guy with less than half a brain.
JenniB
Here-here Michael! Seems like people posting have not read The Red Cross Torture Memos. Check them out folks. You'll find them on www.nybooks.com. Does The Geneva Convention ring a bell folks?
CherokeeGirl
yes it does, but whenever I bring it up I get blank stares.
We need education on the subject, only those over 50 know, it seems.
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flyoverland
Rather misleading headline.
You will turn on TV Land and find a show other than the Jeffersons or Good Times playing before anything comes of this.
Gerarddm
Yes, YES! Finally, a nod to accountability. Obama is dead wrong to try to tap dance around this issue. Defending the Republic and the Constitution, and thereby clawing back America's moral standing in the world from the Bush damage, should be as important a priority as the economy.
Andrushka
I agree, it's about time that someone starts an action that -it seems -Obama is incapable of taking. The Constitution has been trodded on for eight years, it is high time those thugs are sued. And if Spain has the courage to do the job that the US does not want to touch, good for them.
AndreainNY
What fools the Spanish appear to be.
roger37
Glass houses---
Styve61
These guys don't mess around, and I am glad to see it. Mayer reported on this in the New Yorker and Horton is an extremely well-respected legal scholar. So the moran(sic) posters here who think they are showing their machismo and patriotism by saying how ridiculous this is that the Bush regime would be prosecuted for the war crime of torture...should just realize how ridiculous they are for saying such tripe.
NinaMiller
Thank god for Zapatero. Somebody has to be the grownup.
And, hey, Joanne38, I hear you're not such a good person either.
Grundy
I hear that the Spanish did another good job while they were wearing their black robes during the dark ages - many received the same logical and unbiased judgements based on 'facts' and not emotional feelings to get the nod of the fanatics of the world.
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ElLamer
now thats a long shot if I've ever seen one. I suppose you still hold it against Christianity as well? lol
Grundy
No, not against Christianity. Just 'Mother Church' that tortured and murdered those that disagreed with whatever 'her' thoughts and actions were There thousands 'dealt with' during those times of 'chastisement and purification' to quote the 'Mother Church'.
Thank you.
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