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The Spanish Inquisition is back on!


Yep! Yep! Yep! (with plenty below the fold...)

"The Daily Beast's Scott Horton reports that a judge in Spain decided today that an investigation of Bush officials involved in torture policy will go forward and can lead to prosecution.

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.

Garzón's ruling today marks a decision to begin a formal criminal inquiry into the allegations of torture and inhumane treatment he has been collecting for several years now."


Previously at ePluribus Media:

And the Prophetic Author Award Goes to...

Philippe Sands:

About a year ago, a book came out in England that made a fascinating prediction: at some point in the future, the author wrote, six top officials in the Bush Administration would get a tap on the shoulder announcing that they were being arrested on international charges of torture.

If the prediction seemed improbable, the background of the book's author was even more so. Philippe Sands is neither a journalist nor an American but a law professor and a certified Queen's Counsel (the kind of barrister who on occasion wears a powdered horsehair wig) who works at the same law practice as Cherie Blair. Sands's book, "Torture Team," offers a scathing critique of officials in the Bush Administration, accusing them of complicity in acts of torture. When the book appeared, some scoffed. Douglas Feith, a former Pentagon official, dismissed Sands as "a British lawyer" who "wrote an extremely dishonest book."

Last week, Sands's accusations suddenly did not seem so outlandish. A Spanish court took the first steps toward starting a criminal investigation of the same six former Bush Administration officials he had named, weighing charges that they had enabled and abetted torture by justifying the abuse of terrorism suspects. Among those whom the court singled out was Feith, the former Under-Secretary of Defense for Policy, along with former Attorney General Alberto Gonzales; John Yoo, a former Justice Department lawyer; and David Addington, the chief of staff and the principal legal adviser to Vice-President Dick Cheney.

Sands, previously, was involved in prosecuting former Chilean dictator Augusto Pinochet, as was the Spanish judge presiding over the Bush torture case.

Just some added info for your research purposes taken from a bunch of previous posts on this topic in my archives: 

Abu Ghraib: The Unrated Story


Sy Hersh has talked a bit about abuses at Abu Ghraib, but this time he gets the story from the General that investigatd the abuse, and General Taguba says that the investigation was blocked from going up the chain of command:

Taguba also knew that senior officials in Rumsfeld's office and elsewhere in the Pentagon had been given a graphic account of the pictures from Abu Ghraib, and told of their potential strategic significance, within days of the first complaint. On January 13, 2004, a military policeman named Joseph Darby gave the Army's Criminal Investigation Division (C.I.D.) a CD full of images of abuse. Two days later, General Craddock and Vice-Admiral Timothy Keating, the director of the Joint Staff of the J.C.S., were e-mailed a summary of the abuses depicted on the CD. It said that approximately ten soldiers were shown, involved in acts that included:

Having male detainees pose nude while female guards pointed at their genitals; having female detainees exposing themselves to the guards; having detainees perform indecent acts with each other; and guards physically assaulting detainees by beating and dragging them with choker chains.

Taguba said, "You didn't need to 'see' anything--just take the secure e-mail traffic at face value."

I learned from Taguba that the first wave of materials included descriptions of the sexual humiliation of a father with his son, who were both detainees. Several of these images, including one of an Iraqi woman detainee baring her breasts, have since surfaced; others have not. (Taguba's report noted that photographs and videos were being held by the C.I.D. because of ongoing criminal investigations and their "extremely sensitive nature.") Taguba said that he saw "a video of a male American soldier in uniform sodomizing a female detainee." The video was not made public in any of the subsequent court proceedings, nor has there been any public government mention of it. Such images would have added an even more inflammatory element to the outcry over Abu Ghraib. "It's bad enough that there were photographs of Arab men wearing women's panties," Taguba said.

 

Via Salon, and don't bother to click through if you don't have the stomach for this stuff, and needless to say NOT SAFE FOR WORK:

279 photographs and 19 videos from the Army's internal investigation record a harrowing three months of detainee abuse inside the notorious prison -- and make clear that many of those responsible have yet to be held accountable.

snip
(ed. note-CM1: Do not watch or click through on any of the links in this part of the diary if you can't stomach torture, abuse, death, sexual abuse and degradation, etc. and NOT SAFE FOR WORK!)

The 10 galleries of photo and video evidence appear chronologically in the left column, followed by an additional Salon report on prosecutions for abuse and an overview of Pentagon investigations and other resources.

Although the world is now sadly familiar with images of naked, hooded prisoners in scenes of horrifying humiliation and abuse, this is the first time that the full dossier of the Army's own photographic evidence of the scandal has been made public. Most of the photos have already been seen, but the Army's own analysis of the story behind the photos has never been fully told. It is a shocking, night-by-night record of three months inside Abu Ghraib's notorious cellblock 1A, and it tells the story, in more graphic detail than ever before, of the rampant abuse of prisoners there. The annotated archive also includes new details about the role of the CIA, military intelligence and the CID itself in abuse captured by cameras in the fall of 2003.

News you will never see from American news reporters on American Networks:

(Do not watch if you can't stomach torture, abuse, death, sexual abuse and degradation, etc. and NOT SAFE FOR WORK!)

On Wednesday 16 February 2006, Australian public broadcaster SBS current affairs program DATELINE telecast a segment featuring 60 new photos of the torture inflicted on prisoners in the Abu Ghraib prison in Iraq. These photos were secured by court order - the ACLU figures prominently in the report - but these photos haven't yet been shown in the media anywhere in the United States.

These files are all hosted on a server located in the United States to speed access for US viewers. If you do know how to use
BitTorrent, please download the appropriate BitTorrent file and use that.

HIGH torrent: Link,

MEDIUM torrent: Link,

LOW torrent: Link


High download: Link, Mirror

Medium download: Link, Mirror

Low download: Link, Mirror

(END OF NOT SAFE FOR WORK material... Until the next leaks.)

And just to be clear as to the extent of many of the crimes...

Waterboarding was way down the list of disgusting and criminal acts that prisoners were subjected to:

But The Daily Telegraph reported over the weekend that the documents actually "contained details of how British intelligence officers supplied information to [Mohamed's] captors and contributed questions while he was brutally tortured." In fact, it was British officials, not the Americans, who pressured Foreign Secretary David Miliband "to do nothing that would leave serving MI6 officers open to prosecution." According to the Telegraph's sources, the documents describe particularly gruesome interrogation tactics:

The 25 lines edited out of the court papers contained details of how Mr Mohamed's genitals were sliced with a scalpel and other torture methods so extreme that waterboarding, the controversial technique of simulated drowning, "is very far down the list of things they did," the official said.

Another source familiar with the case said: "British intelligence officers knew about the torture and didn't do anything about it."

"It is very clear who stands to be embarrassed by this and who is being protected by this secrecy. It is not the Americans, it is Labour ministers," former shadow home secretary David Davis said. But one unnamed U.S. House Judiciary Committee member told the Telegraph that if President Obama "doesn't act we could hold a hearing or write to subpoena the documents. We need to know what's in those documents."

And the British are just as complicit in these sick criminal acts perpetrated by many in the Bush administration. Will there be any real justice in the USA ever again?

There is a basic fact that we can not ignore and that is...

Torture Is Illegal

And these are all criminals:

ABC News reported tonight that President Bush's most senior and trusted advisers met in "dozens of top-secret talks and meetings in the White House" beginning in 2002 to approve the use of "combined" interrogation techniques (the joint use of harsh interrogation techniques). Those tactics included whether detainees "would be slapped, pushed, deprived of sleep or subjected to simulated drowning, called waterboarding."

Members of the National Security Council's Principals Committee -- Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell, George Tenet, and John Ashcroft -- approved the use of these techniques. "Sources said that at each discussion, all the Principals present approved." According to ABC's report, Ashcroft indicated he was troubled by the meetings:

According to a top official, Ashcroft asked aloud after one meeting: "Why are we talking about this in the White House? History will not judge this kindly."

Those people need to be locked up...

There are a slew of politicians, civil servants, Generals and all of the officers and NCOs in between that need to be locked up. And this needs to happen in bi-partisan manner. Because there are, also, guilty politicians on both sides of the aisle.

Why Do Some Democratic Party Members Refuse to Investigate?

Because some of the investigations would inevitably lead right back to some of their own members having been complicit in criminal actions:

It seems as if the "four" congressional leaders Harman refers to as knowing about the tapes were the chairs and ranking members of the intelligence committees: Sen. Pat Roberts (R-KS), Sen. Jay Rockefeller (D-WV), Rep. Porter Goss (R-FL), and Rep. Jane Harman (D-CA). Rep. Pete Hoekstra (R-MI) took Goss' spot as chairman of the House intelligence committee that year when Goss became CIA director. Hoekstra told the AP that he didn't know a thing about either the tapes or their destruction. I'm calling Harman to ask her for her letter to the CIA about the tapes, and will bring it to you if and when I have it.

But the bottom line here is that at least some Congressional leaders knew something about the tapes and something about their destruction, and didn't say anything about either. Harman's silence is especially stunning: she co-chaired a joint Congressional inquiry into the 9/11 attacks in 2002 that didn't receive that very pertinent information. Why did she remain quiet about potentially criminal behavior? Marty Lederman has some thoughts here:

Jay Rockefeller is constantly learning of legally dubious (at best) CIA intelligence activities, and then saying nothing about them publicly until they are leaked to the press, at which point he expresses outrage and incredulity -- but reveals nothing. Really, isn't it about time the Democrats select an effective Chair of the Senate Intelligence Committee, one who will treat this scandal with the seriousness it deserves, and who will shed much-needed light on the CIA program of torture, cruel treatment and obstruction of evidence? ...

Jane Harman also knew of the intention to destroy the tapes, and she at least "urged" the CIA in writing not to do it. (Where were her colleagues?) But when she found out the CIA had destroyed the tapes, where was Harman's press conference? Where were the congressional hearings?

While some are more culpable than others, this does not change the fact that if you enabled the bush administration to cover up their crimes, you became part of the criminal conspiracy.

Glenn Greenwald offered some further observations into this reality:

I continue to be amazed and disturbed by the number of people willing to defend the actions of Rockefeller and his comrades by claiming that these poor, victimized Congressional members just have no ability to do anything when they learn about outright lawbreaking by the administration. As I asked yesterday, why would they even bother to attend briefings if they believed that they were "powerless" to act even upon learning of serious illegalities? Here is the central purpose of the Select Committee on Intelligence -- the primary reason it exists, as stated by the resolution which created the Committee:

It is further the purpose of this resolution to provide vigilant legislative oversight over the intelligence activities of the United States to assure that such activities are in conformity with the Constitution and laws of the United States.

The Intelligence Committees were created as a response to the discovery in the 1970s of illegal conduct by the CIA and other intelligence agencies. The core function is to monitor what the intelligence community does and to "assure that such activities" are legal. It is a complete travesty for the senior Democrats on those Committees (and their apologists) to claim that they are powerless to act when learning of lawbreaking. Anyone who thinks that way should not be on the Committee. The idea that they can't do anything once learning of lawbreaking is the very opposite of the Committee's core purpose. But, of course, they were not and are not powerless to act. They simply chose not to act.

In addition to the other mechanisms for action identified here and elsewhere thus far that are available to Senators who learn of patently illegal behavior in a classified setting, key members of the Intelligence Committee could also refuse to cooperate in the enactment of legislation, block nominees, and otherwise thwart the administration's needs until there is some resolution. Such Senators could hold closed door hearings or announce publicly that they have learned of serious lawbreaking by the CIA (without specifying what the lawbreaking is) and demand that the administration agree to a classified setting to resolve those concerns (such as appointing a special counsel with security clearances or empowering a court able to investigate and adjudicate highly classified matters).

But they did none of that. They did the opposite: they continued to cooperate meekly with the administration, pass all of their demanded legislation, and keep quiet. Even for those who say that it's terribly unfair to expect our political leaders to subject themselves to any risk whatsoever in order to put a stop to such gross abuses, they could have acted in ways far short of some sort of melodramatic civil disobedience which would have risked imprisonment (i.e, they would not have had to go as far as actual leaders and patriots who did take risks in order to expose serious governmental wrongdoing).

If someone wants to defend these Democrats' complicit behavior (on the craven ground that what they did was understandable because it was politically wise), then they should make that argument. But nobody should pretend that these Senators and Representatives were "helpless" and had no options for putting a stop to Bush's torture programs and other lawbreaking if they were actually interested in doing so.

Needless to say, if anyone tries to argue that it is politically wise to ignore these crimes... They are no better than the neoconservatives and their GOPeeons that committed the actual crimes.

If there are Democratic party members that feel they are unable to do their jobs according to the responsibilities defined by their positions of power and the oaths they took to uphold The Constitution, up to and including prosecuting all of those that are clearly guilty, then I suggest they find a new line of work. Or, perhaps, prepare for a long visit to a prison with the other criminals they have enabled.

Just a companion piece for Michael Collins' diary and journal entry:

MURDER TRUMPS TORTURE SAYS BUGLIOSI

Because torture is still a crime in this country. Some added resources, some with action item suggestions, brought to my attention by Liberality:

I can't rehash it all but I encourage you to go to these links and read up on it and call your senators and congress critters and complain long and loud that we want to return to the country we can be proud to call our own once again. Call the Capitol switchboard at 202-224-3121 and ask for your representative. We want ethical treatment of EVERYBODY just because that is the RIGHT thing to do.

The One About

Dreams for Today

The Future of Freedom Foundation

All Academic Research

It is our job, it is our duty to make sure that our country lives up to basic standards of decency.


31 Comments

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I commented on this earlier today in the context of Steve's blog. I'm pretty convinced that the key pressure for war crimes investigations in the US is coming from abroad.

Add this to the list:

http://www.salon.com/news/feature/2009/04/28/poland_prison/print.html

Kudos on an amazing blog! Very well done.

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You do realize that the ruling today is a SECOND Spanish case, not the same one as before, which, yes is also going forward. Here's the second one, just authorized today:

http://www.stuff.co.nz/world/europe/2374460/Spanish-judge-starts-Guantanamo-torture-probe

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To clarify, the first Garzon case relates to the 6 lawyers, who authorized torture. The second is an investigation of war crimes at Guantanamo.

And then we have the Polish prosecutor who's been working on this for a year. (link is above in my first comment)

And the British Court looking into this.

There's also a higher up European investigation that I've read about - but don't know much.

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It all starts with a crumb... We shall feast on them all soon. :)

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I love that line: It all starts with a crumb!

Patience. And follow the crumbs! :-)

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Great blog. Rec'd and bkmk'd. Thanks.

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Thanks you Obey, but I must admit it was built on the work of some mighty fine Bloggers out there because I am not a writer... Just a cut'n'paste Blogger. :)

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CT Man, you are on a roll today! Two fine blogs!

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I have to write this stuff for ePluribus Media on Wednesdays so I thought I would share a couple of useful crumbs of info over here.

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WOW

I HEREBY AWARD YOU THE KNIGHTLY BLOG OF THE NIGHT AWARD for this here TPMC site, given to all of you from all of me.

GEEEEZ send to the Times or somethin.

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I am not sure exactly what the award is but it sounds good. lol Thank you kindly.

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Thank you

I just don't see any room in this blog for argument.

Heh.

Dude! You've nailed it!

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The real room for argument, IMHO, is whom should do more jail time.

Those who followed orders?

Those who gave orders?

Those who tried to cover it up?

And mark my words on this: It was torture.

* There are guilty people in both political parties.

* There are guilty people in the military, the CIA and many other government agencies.

* There are guilty people on the civilian side. (See Blackwater)

* And there are even guilty people in other countries.

And they will all be served their just desserts at the end of the criminal investigations.

The one and only way to ensure that this never happens again is to prosecute every single one of the criminals and to ensure that they all do their time in jail. The only way to ensure that can never ever return to power and cause even more harm to this country and the world.

And moving forward is impossible without looking back.

And everyone can stop lying about bullshit weasel word catchphrases of "enhanced interrogations." This was torture.

Clearly torture. There is no rose on their bloomin' piles of BS.

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There is something almost beyond evil about a company that participates in this activity, although there are those who would suggest the US is merely a company itself. Regardless, these businesses are active merely for profit. There is no pretense of any good to their efforts except their own profit. How far we have fallen allow this to be put in a contract, as though torture was some menial task like landscaping.

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Also bookmarked. I choose not to view the photos, but will spend the next couple of days reading the links. Migwetch (thanks), CtMan.

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While I can understand not wanting to have these images stuck in your mind, know two things:

1. They are about as sick as you can get. About the only images I can see that may be worse in some ways are many that are in Holocaust museums.

2. What is depicted in them was done in your name. You deserve to know what they are trying to make you ignore.

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I am not shirking my responsibility as a US citizen to educate myself about what was done. I choose not to view the photos, but I will read text descriptions in lieu of.

I have already covered quite a bit of material here. Right now, I am in the process of wording an email to a dear friend in Australia asking about the pictures that were made public there. She never mentioned them, although I know her husband keeps up with international news.

I feel as if I should apologize to them because I have been ignorant of it all.

This thing makes us all look stupid, cruel and disgusting. I'm ashamed of us. We elected torturers who appointed MORE torturers to high positions.

We have to clean this mess up ourselves. I hope other governments push back as hard as they can against what we've done if we don't.

But, I'll tell ya, I'm getting damn tired of being part of the maid service that has to clean up after the lunatics.

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But, I'll tell ya, I'm getting damn tired of being part of the maid service that has to clean up after the lunatics.

Kind of an apt description. Though, personally, I do feel more like a butler. lol

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hmmmmmm...I wonder if President Obama is just waiting for the rest of the world to take matters into their own hands so we don't have to...?

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BTW, you may be just a cut and paste blogger, but you're a good one...Thank you for this. Rec'd

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I don't think Obama is hoping others will do this. Not in our country oir in any other. He would prefer to walk on by. He knows that acting on this will infuriate the right wing extremists. I am sure you have noticed the far right wing are already stewing in their multiple failures on almost every political front and are ready to explode at any moment.

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In that case why not proceed and watch them explode?

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Listen to them all. At the Palin rallies. A the teabagger protests. We are talking about at best right wing terrorism and at worst civil war.

Obama is treading delicately around in a minefield that is all around all of us too.

He has to proceed if there is ever going to be real justice here again. But he does have to proceed carefully. (And with his personal security on their toes, IMHO.)

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Maybe Obama wants to ensure there is a broad spectrum of prosecution so that it cannot be portrayed as Obama's personal quest. Maybe we would be better served to have this develop as a popular movement to illustrate how it is beyond politics and personalities, but something that deeply offended the American people to their core. The task at hand, however, is for the US Attorney's office to pursue. Obama will not do anything to impede the program, but I believe he is taking a measured approach to boiling this ugly frog, no offense to the folks w/frog avatars.

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Realistically it is all in the hands of the AG on how to proceed with this.

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Great piece Connecticut Man. Just plowed through the links, some really useful stuff. I'm particularly intrigued by the international angles opening up, not just the Spanish Inquisition, but the way the Brits are now having to enter the picture, as what looks like first-hand torture participants, plus others involved in rendition. As more countries become involved, it makes it harder for any one set of politicians to keep under wraps - more and more parties and leaders and media outlets find it in their interests to pursue things further.

Also, really useful Bugliosi links. I'm slightly of the same mind as him, in that I feel there are real issues around murder, and crimes in the starting and prosecuting of the war. While torture captures the imagination, I don't want the deaths in Iraq to simply be ignored while the media debates whether torturing a terrorist with a bomb is a necessary thing. We've got hundreds of thousands dead who had nothing to do with terrorist actions.

Anyway, Bravo.

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The truth! Every word there I agree with.

The whole "is it torture?" is a destraction from prosecuting torture. But the whole torture prosecution is a distraction from the worst crimes.

Illegal invasions and occupations. Murder.

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Very well put together, thanks! Can't stomach the photos but my imagination may be worse.

I am grateful for the internation attention to this. Our leadership needs to be held accountabe whether rebupblican or democrat.

The thing I keep noticing is that some are seeking prosecution, some are seeking persecution, and some are seeking retribution.

I feel what is called for is responsibility and accountability. For example what is the appropriate consequence fitting the level of criminal activity.

I found some arguments about 'intent' today generally nauseating. I couldn't believe that 'I didn't mean to' could be a justification for torture activity according to these grown men and so-called lawyers. We really do have to 'think' here and revisit history and how we arrived at the laws and parameters for torture via the Geneva convention etc.

Thanks for the great post!

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The other day Bill Kristol said that if they are going to investigate it all... Then some of it will lead back to Clinton. For once Kristol may be right, if that is where renditions started. I suspect it goes back further.

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Great post Connecticut Man. Good information. Good links. And, as always good comments from TPM readers.

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Thank you kindly.

And thanks to all of you that read it. :)

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Connecticut Man1

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