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In Spain, the WikiLeaks disclosures have dominated the news for three days now. The reporting has been led by the level-headed El País, with its nationwide competitor, Público, lagging only a bit behind. Attention has focused on three separate matters, each pending in the Spanish national security court, the Audiencia Nacional: the investigation into the 2003 death of a Spanish cameraman, José Cuoso, as a result of the mistaken shelling of Baghdad’s Palestine Hotel by a U.S. tank; an investigation into the torture of Spanish subjects held at Guantánamo; and a probe into the use of Spanish bases and airfields for extraordinary renditions flights, including the one which took Khaled El-Masri to Baghdad and then on to Afghanistan in 2003.
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 Judd Gregg, 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. Here’s how El País summarizes the situation (my translation):
Over the last several years, the Embassy of the United States in Madrid wielded powerful resources in an extraordinary effort to impede or terminate pending criminal investigations in Spain which involved American political and military figures assumed to have been involved in incidents of torture in Guantánamo, violations of the laws of war in Iraq or kidnappings in connection with the CIA’s extraordinary renditions program. The American diplomatic legation documented these activities in a number of its thousands of secret documents, both formally classified or marked as confidential, to which El País had access. The American ambassador between 2005 and 2009, Eduardo Aguirre, an appointee of the Bush Administration, personally directed most of these efforts targeting the Spanish Government or the Spanish judicial authorities, and the secret cables note that he reckoned with and secured the support of powerful figures in Spain in the process. Prominent among these is the Spanish attorney general, Cándido Conde-Pumpido, together with several prosecutors attached to the Audiencia Nacional, in particular the chief prosecutor, Javier Zaragoza.
The cables show that the embassy was briefed in detail about the pending cases, receiving information that was not publicly accessible and would have been known only to the prosecutors and the magistrates handling the cases. The embassy engaged Spanish authorities in detailed discussions about the specific judges handling these cases and on at least one occasion extracted a promise from prosecutors to seek to have one sensitive case—in which former U.S. attorney general Alberto Gonzales, former vice presidential chief of staff David Addington, John Yoo, Jay Baybee, Douglas Feith, and William J. Haynes figured as potential defendants—reassigned to a judge they considered friendlier to the United States. In fact, around the time of the cables in question the prosecutors acted just as the cable suggests they would.
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.
Diplomats routinely monitor and report on legal cases that affect national interests. These cables show that the U.S. embassy in Madrid had far exceeded this mandate, however, and was actually successfully steering the course of criminal investigations, the selection of judges, and the conduct of prosecutors. Their disclosure has created deep concern about the independence of judges in Spain and the manipulation of the entire criminal justice system by a foreign power.
I discuss the developments from Madrid this morning in a conversation with DemocracyNow’s Amy Goodman:
More from Scott Horton:
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How will the Obama Administration handle Edward Snowden’s case in the long term?
No Comment — July 29, 2013, 11:36 am
Is it possible to simply disband the partisan FISA court?
Fleming awoke in the dark and his room felt loose, sloshing so badly he gripped the bed. From his window there was nothing but a hallway, and if he craned his neck, a blown lightbulb swung into view. The room pitched up and down and for a moment he thought he might be sick. The word “hallway” must have a nautical name. Why didn’t they supply a glossary for this cruise? Probably they had, in the welcome packet he’d failed to read. A glossary. A history of the boat, which would be referred to as a ship. Sunny biographies of the captain and crew, who had always dreamed of this life. Lobotomized histories of the islands they’d visit. Who else had sailed this way. Famous suckwads from the past, slicing through this very water on wooden longships.
A welcome packet, the literary genre most likely to succeed in the new millennium. Why not read about a community you don’t belong to, that doesn’t actually exist, a captain and crew who are, in reality, if that isn’t too much of a downer on your vacation, as indifferent to one another as any set of co-employees at an office or bank? Read doctored personal statements from underpaid crew members — because ocean life pays better than money! — who hate their lives but have been forced to buy into the mythology of working on a boat, separated now from loved ones and friends, growing lonelier by the second, even while they wait on you and follow your every order.
Number of people stopped and frisked by the NYPD in 2011 for “furtive movements”:
The faces of Lego people were growing angrier.
Four people were arrested for using a remote-controlled hexacopter to fly two pounds of tobacco to prisoners inside the yard at Calhoun State Prison in Georgia.
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Our congratulations to Alice Munro, winner of the 2013 Nobel Prize for Literature