Obstruction of Justice

Obama and GOPers Worked Together to Kill Bush Torture Probe

By David Corn, Mother Jones

Wed Dec. 1, 2010 2:47 PM PST

In its first months in office, the Obama administration sought to protect Bush administration officials facing criminal investigation overseas for their involvement in establishing policies the that governed interrogations of detained terrorist suspects. 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.

…

It would still be up to investigating Judge Baltasar Garzón-a world-renowned jurist who had initiated previous prosecutions of war crimes and had publicly said that former President George W. Bush ought to be tried for war crimes-to decide whether to pursue the case against the six former Bush officials. That June-coincidentally or not-the Spanish Parliament passed legislation narrowing the use of “universal jurisdiction.” Still, in September 2009, Judge Garzón pushed ahead with the case.

The case eventually came to be overseen by another judge who last spring asked the parties behind the complaint to explain why the investigation should continue. Several human rights groups filed a brief urging this judge to keep the case alive, citing the Obama administration’s failure to prosecute the Bush officials. Since then, there’s been no action. The Obama administration essentially got what it wanted. The case of the Bush Six went away.

Back when it seemed that this case could become a major international issue, during an April 14, 2009, White House briefing, I asked press secretary Robert Gibbs if the Obama administration would cooperate with any request from the Spaniards for information and documents related to the Bush Six. He said, “I don’t want to get involved in hypotheticals.” What he didn’t disclose was that the Obama administration, working with Republicans, was actively pressuring the Spaniards to drop the investigation. Those efforts apparently paid off, and, as this WikiLeaks-released cable shows, Gonzales, Haynes, Feith, Bybee, Addington, and Yoo owed Obama and Secretary of State Hillary Clinton thank-you notes.

Another perspective-

The Madrid Cables

By Scott Horton, Harper’s Magazine

December 1, 3:51 PM, 2010

These cables reveal a large-scale, closely coordinated effort by the State Department to obstruct these criminal investigations. High-ranking U.S. visitors such as former Republican Party Chair Mel Martinez, Senator Greg Judd, and Homeland Security Secretary Janet Napolitano were corralled into this effort, warning Spanish political leaders that the criminal investigations would “be misunderstood” and would harm bilateral relations. The U.S. diplomats also sought out and communicated directly with judges and prosecutors, attempting to steer the cases into the hands of judges of their choosing. The cables also reflect an absolutely extraordinary rapport between the Madrid embassy and Spanish prosecutors, who repeatedly appear to be doing the embassy’s bidding.

…

The cables also reflect a high level of concern at the prospect that Spanish and German prosecutors-both looking at aspects of the kidnapping and torture of Khaled El-Masri-would share notes and begin taking action. In fact exactly this sort of cooperation occurred (as it has occurred between Spanish, German, and Italian prosecutors in several other cases involving the CIA extraordinary rendition program), and U.S. concerns that it would block their efforts were proven correct. After political pressure was applied to Germany to withdraw the arrest warrants, they were simply reissued by the Spanish magistrates, who were better shielded against political manipulation.