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One of America’s NATO allies—which supported the Bush Administration’s war on terror by committing its troops to the struggle–has now opened formal criminal inquiries looking into the Bush team’s legacy of torture. The action parallels a criminal probe into allegations of torture involving the American CIA that was opened this week in the United Kingdom.
Spain’s national newspapers, El País and Público reported that the Spanish national security court has opened a criminal probe focusing on Bush Administration lawyers who pioneered the descent into torture at the prison in Guantánamo. The criminal complaint can be examined here. Público identifies the targets as University of California law professor John Yoo, former Department of Defense general counsel William J. Haynes II (now a lawyer working for Chevron), former vice presidential chief-of-staff David Addington, former attorney general and White House counsel Alberto Gonzales, former Assistant Attorney General Jay Bybee, now a judge of the United States Court of Appeals for the Ninth Circuit, and former Undersecretary of Defense Doug Feith.
The case was opened in the Spanish national security court, the Audencia Nacional. In July 2006, the Spanish Supreme Court overturned the conviction of a former Spanish citizen who had been held in Guantánamo, labeling the regime established in Guantánamo a “legal black hole.” The court forbade Spanish cooperation with U.S. authorities in connection with the Guantánamo facility. The current criminal case evolved out of an investigation into allegations, sustained by Spain’s Supreme Court, that the Spanish citizen had been tortured in Guantánamo.
The Spanish criminal court now may seek the arrest of any of the targets if they travel to Spain or any of the 24 nations that participate in the European extraditions convention (it would have to follow a more formal extradition process in other countries beyond the 24). The Bush lawyers will therefore run a serious risk of being apprehended if they travel outside of the United States.
Judge Baltasar Garzón is involved in the investigation, according to the El País report. Garzón is Europe’s best known counterterrorism magistrate, responsible for hundreds of cases targeting the activities of ETA and related Basque terrorist organizations. He also spearheaded the successful investigation of Al Qaeda-affiliated terrorist organizations operating in the Maghreb region, including Spanish enclaves in Morocco. But Garzón is best known for his prosecution of a criminal investigation against Chilean dictator Augusto Pinochet that resulted in the issuance of an arrest warrant for Pinochet while he was visiting England.
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Conversation — March 30, 2016, 3:44 pm
Joseph Hickman discusses his new book, The Burn Pits, which tells the story of thousands of U.S. soldiers who, after returning from Iraq and Afghanistan, have developed rare cancers and respiratory diseases.
The old woman’s husband, even older than she, has lived long enough. She is careful not to say this to her daughters, to her brother, to the doctors. He’s had a stroke, or something like a stroke, and at first he seemed to be recovering. Then there were intermittent bad days and setbacks and now, a few weeks in, they are all bad days: he is declining, delirious, difficult, and she is exhausted. Her mind — usually a badger den of plans, desires, and, most of all, worry — now, at night, in its rare moments of rest, tumbles into a pale white silence. She doesn’t want him to live on like this, biting the nurses like a dog that needs to be put down.
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“Matt was happy enough to sustain himself on the detritus of a world he saw as careening toward self-destruction, and equally happy to scam a government he despised. 'I’m glad everyone’s so wasteful,' he told me. 'It supports my lifestyle.'”