Prosecution of Bush Six back on

By Scott Horton / Daily Beast

In a ruling in Madrid today, Judge Baltasar Garzón has announced that an inquiry into the Bush administration’s torture policy makers now will proceed into a formal criminal investigation. The ruling came as a jolt following the recommendation of Spanish Attorney General Cándido Conde-Pumpido against proceeding with a criminal inquiry, reported in The Daily Beast on April 16.

Judge Garzón previously initiated and handled investigations involving Chilean dictator Augusto Pinochet, Argentine “Dirty War” strategist Adolfo Scilingo and Guatemalan strongman José Efraín Ríos-Montt, often over the objections of the Spanish attorney general. His case against Pinochet gained international attention when the Chilean general was apprehended in England on a Spanish arrest warrant. Scilingo was extradited to Spain and is now serving a sentence of 30 years for his role in the torture and murder of some thirty persons, several of whom were Spanish citizens.

Now, Garzón has announced a preliminary criminal inquiry into the Bush administration torture policy, specifying the evidence that a crime had been perpetrated against Spanish subjects, but not yet specifying the specific targets of the investigation. Judge Garzón’s decision revealed a deep engagement with documents which had been released in Washington in the last two weeks, particularly a group of memoranda prepared by lawyers in the Bush Justice Department’s Office of Legal Counsel (OLC) a report of the Senate Armed Services Committee and a memo released by the Senate Intelligence Committee, making it likely that he would focus on the authors of the torture memoranda and other lawyers who worked with them.

And more:

Garzon’s investigation focuses on charges of conspiracy to introduce and implement a regime of torture at the detention facilities at Guantánamo in Cuba, where five prisoners investigated by Garzón were held. Four of the prisoners have now filed claims with Garzón in which they press charges that they were tortured during their captivity and their claims were validated at least to some extent by a ruling of the Spanish Supreme Court in June 2006 which overturned a conviction on the grounds that it was secured with evidence gathered through torture. The case has been pending since the time of their turnover from U.S. authorities with Judge Garzón, who has attempted to prosecute the five under counter-terrorism statutes.

And this nugget:

Spanish lawyers close to the case tell me that under applicable Spanish law, the Obama administration has the power to bring the proceedings in Spain against former Bush administration officials to a standstill. “All it has to do is launch its own criminal investigation through the Justice Department,” said one lawyer working on the case, “that would immediately stop the case in Spain.”

I paid attention to that nugget. Since we know that detainees were held in a secret prison in Poland and there were many detainees tortured in other countries, I can see why the Obama Administration is relucting to launch a criminal investigation into the Bush Administration and protecting the CIA and DOJ employees for being prosecuted, changing Bush's policy on torture, and banning the use of Executive Privilege in criminal acts. The Obama Administration is certainly sending a clear message to the Bush Administration on current and future prosecutions from international countries on torture: YOYO [You're on your own]