Why did Spain reverse itself re: prosecution of Bush/Cheney's torture team?
As Barry Sussman notes here, it makes no sense in light of how Spain dealt
with Pinochet:

Mark:

This ruling is wholly inconsistent with the Spanish court's handling of the
Pinochet matter.  The court claims that, "If one is dealing with a crime of
mistreatment of prisoners of war, the complaint should go against those who
physically carried it out."

I may be missing something, but this would appear to imply that General
Pinochet's prosecution required that he personally carried out the torture
of which his regime was accused.

I would like to know the back-story behind all of this.  This is a very
disappointing result.

Barry   

So did Obama have a hand in turning this thing off? David Swanson raises that
important question:

Obama Protecting Bush from Spain?
<http://afterdowningstreet.org/node/41766>http://afterdowningstreet.org/node/41766
By David Swanson

The official story is that Spain has decided not to prosecute Bush's 
torture lawyers. Yet the known facts suggest something else entirely.

1-We know that the prosecutor who initiated this effort wants to 
prosecute Bush. He wrote about it months ago. We know that he and his 
colleagues see targeting the lawyers first as a step in Bush's 
direction and more likely to move forward than a case that starts at 
the top.

2-We know from Scott Horton's reporting that Spain and the Obama 
administration have been communicating about this case.

3-We know that the White House's press secretary was asked this week 
about those communications and avoided answering the question at all, 
rather than simply going with the story already reported that the 
U.S. was just observing and "gathering information."

4-We know that Obama wants to "move forward," does not want to 
prosecute Bush, and is going to extraordinary lengths to maintain and 
expand the power of the presidency (including the power to detain 
without charge, rendition, illegal foreign occupations and strikes, 
the power to make treaties without Congress, rewriting laws with 
signing statements, making laws with executive orders, keeping most 
of Bush's signing statements and executive orders in place, 
unprecedented claims of state secrets and classification and 
sovereign immunity and executive privilege, the power to fire 
whistleblowers, keeping memos and Emails secret, etc.)

5-We know that the top law enforcement official in Spain has made an 
argument for dismissing the case against the lawyers that an 8 year 
old would spot as an illegal absurdity, that was not a necessary 
argument for dismissing the case, but that would be a necessary 
argument for preventing a case against Bush. While he could have 
argued, like Doug Feith, that those engaging in the torture or 
ordering it were more culpable than the lawyers (as they are indeed), 
he instead argued that ONLY those present for the torture are 
culpable, thus exonerating Hitler, Pinochet, and every other official 
who has ordered a crime from a distance.

6-We know that if the top law enforcement official in Spain lacked 
the mental acumen of an 8 year old, Fox News would have pointed that 
out to us during the past couple of days of xenophobic screeching.

7-We know that the rightwing was preparing big attacks on Obama for 
allowing Spain to proceed, and that the official "left" was not going 
to have his back. Senator Russ Feingold said yesterday that Spain was 
behaving inappropriately.

These facts are at least extremely suggestive of a less than 
independent decision by the Spanish to deny justice and stick to 
"looking forward," a decision that certainly does not follow public 
opinion in Spain and was not predicted by reporters in Spain but was 
predicted by Doug Feith on Fox News:

"I hope and expect that the Obama administration will communicate to 
the Spanish government that they - that they do not view this as 
simply an attack against some former officials; they view it as an 
attack on the U.S. government - because as I said, the principle 
that's involved here would attack current officials as much as former 
officials."


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David Swanson is the author of the upcoming book "Daybreak: Undoing 
the Imperial Presidency and Forming a More Perfect Union" by Seven 
Stories Press and of the introduction to "The 35 Articles of 
Impeachment and the Case for Prosecuting George W. Bush" published by 
Feral House and available at Amazon.com.  Swanson holds a master's 
degree in philosophy from the University of Virginia. He has worked 
as a newspaper reporter and as a communications director, with jobs 
including press secretary for Dennis Kucinich's 2004 presidential 
campaign, media coordinator for the International Labor 
Communications Association, and three years as communications 
coordinator for ACORN, the Association of Community Organizations for 
Reform Now. Swanson is Co-Founder of AfterDowningStreet.org, creator 
of ProsecuteBushCheney.org and Washington Director of Democrats.com, 
a board member of Progressive Democrats of America, the Backbone 
Campaign, and Voters for Peace, a convenor of the legislative working 
group of United for Peace and Justice, and chair of the 
accountability and prosecution working group of United for Peace and 
Justice.

To receive updates from After Downing Street register at

<http://afterdowningstreet.org/user/register>http://afterdowningstreet.org/user/register

To subscribe to other lists go to

<http://davidswanson.org/node/921>http://davidswanson.org/node/921




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