WikiLeaks Madrid cables: Long-standing interference to suppress war crimes investigations, trials

by: Paul Rosenberg

Thu Dec 02, 2010 at 13:30


Scott Horton has been hot on the trail of the WikiLeaks revelations about US interference with Spanish justice system, in service of protecting American war criminals in three different major cases.  Yesterday, he went into detail on his own "No Comment" blog at Harpers, "The Madrid Cables" and in an interview on Democracy Now!, "WikiLeaks Cables Reveal U.S. Tried to Thwart Spanish Probes of Gitmo Torture and CIA Rendition".  Meanwhile, David Corn at Mother Jones ("Obama and GOPers Worked Together to Kill Bush Torture Probe") picks up specifically on a "confidential" April 17, 2009, cable and the light it throws on the Obama Admihnistration's role in protecting Bush's torture architects, undermining the "official story" that Corn was handed when he originally reported on what was publicly known at the time.  (More on this below.)

What this shows is a clear and continued pattern of international lawlessness by the US, with no change from the Bush Administration to Obama. There was a profound and sustained effort to obstruct justice in the Spanish legal system--an effort so extensive that it essentially worked to corrupt the Spanish legal system as a whole.

Horton's blog post provides a general overview feel for what happened and how it's playing in Spain today:

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 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. 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.

After going through the story of how Spanish authorities acceded to US pressure to subvert their own justice system, and derail the prosecution of Bush's torture architects, David Corn's piece concludes:

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 , "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.

Amidst growing hysteria in the US ruling class, and a transparent witch-hunt launched through Interpol, it's perfectly obvious who the international criminals are.  Obama could have put an end to Bush Administration lawlessness.  Instead, he has clearly committed to defending and continuing it.  And the WikiLeaks documents help to prove this beyond any reasonable doubt.

Since there is no defense against the truths that WikiLeaks has exposed, the only resort that is left is to try to destroy WikiLeaks.  This is gangsterism, pure and simple.  Welcome to the gangster state.

Paul Rosenberg :: WikiLeaks Madrid cables: Long-standing interference to suppress war crimes investigations, trials

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Nothing New Here! (4.00 / 2)
No real surprise. Obama admin. obstructionism wasn't even really about the subject matter of the investigations (torture).

It wouldn't have mattered WHAT it was about. What is important is maintaining the Imperial prerogative "what we say goes." And you have NO recourse. Because we're the U.S. and we have the power.

If American officials can be held accountable by other countries for violating their laws, then that is a fatal blow to U.S. exceptionalism  - the very underpinning of empire.

It's eventually going to happen. But, only when the U.S. lacks the power to prevent it from happening. I'd say that will only occur when our Empire has already collapsed and the rest of the world has decided that we're not "exceptional" anymore.

Then and only then will American officials be held accountable for their actions by the rest of the world in their courts.  


Nigeria is on to it (0.00 / 0)
http://news.yahoo.com/s/afp/20...

Cheney would face conspiracy charges and an arrest warrent from Interpol would be sought.

P.S. How can you say nothing new here!

It's all new now because the WikiLeaks are irrefutable, hard evidence. The cat is out of the bag.


[ Parent ]
Wikileaks may want to push up the bank release. (4.00 / 4)
For their next act, they've apparently gotten a hold of internal docs demonstrating a culture of corruption for one of the US's biggest banks. I'm hoping it's Goldman Sachs, but any of the top three would do nicely.

I can see why this would bother the Obama Administration a great deal. I don't see how they aren't implicated in that release as well and rather deeply so. Ditto for a lot of other people.

I hope Wikileaks is sufficiently robust they can withstand the shitstorm that's coming their way. I'd hate to lose my regained faith in the notion, "The Truth Will Out."  

"What gets us into trouble is not what we don't know, it's what we know for sure that just ain't so."  - Mark Twain


I Think It's Damn Likely That Redundency Is Built Into WikiLeaks (4.00 / 4)
For all we know, the Guardian & Co may already have the bank docs.

The most Versailles screams, the happier we all should be.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Oh yes, it most certainly does. (4.00 / 2)
'Tis a shame that's what it takes to make me happy these days, but I guess that will have to do for the moment. :^P

"What gets us into trouble is not what we don't know, it's what we know for sure that just ain't so."  - Mark Twain

[ Parent ]
I hope so. (4.00 / 2)
The ruling class sure went ape-shit once they found out about the financial leaks.  These guys are like a teenager who told his best friend and girlfriend about how he vandalized the school, and then is completely indignent when the police show up at his door.  

"Oh. My. God. .... We're doomed." -- Paul Krugman
http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...


[ Parent ]
CBS news (!) reported WikiLeaks back-ups (4.00 / 1)
http://www.cbsnews.com/stories...

Here's the headline:

WikiLeaks Backup Plan Could Drop Diplomatic Bomb
Supporters Downloading Heavily Encrypted File Told They Will Receive Key if Trouble Befalls Website, Founder

I saw it on the broadcast tonight!


[ Parent ]
I wasn't sure it could get worse; (4.00 / 3)
But it did.  This is the Stasi state--gangsterism with badges.

But of course, we are not allowed to even discuss the possibility of primarying the Enabler-in-Chief.

What am I supposed to tell my kids if I vote for him again?  That I was being a "good German?"


What We Need Is A Reborn Progressive MOVEMENT (4.00 / 5)
It should be obvious that the problem is much bigger than Obama.  And the solution needs to be as well.

If you frame it as getting rig of one person, then that's what you'll get--at best.

Been there. Done that.  

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
Well of course it is; but, (4.00 / 2)
he is simultaneously the leader of the corporatist wing of the Democratic Party; and (ostensibly) one of the most powerful people in the country.  That goes with the office.  I strongly suspect that, if we had progressive majorities in both the House and the Senate, Obama would be doing everything he could to water down and/or defeat progressive legislation.  So, he matters.

But I completely agree with your point about needing to create a new/reborn Progressive Movement.  The Obama 2.007 ads seem like a good start; it was exceedingly clever of the Obama team to essentially shut down the progressive movement in the months leading up to the election, and it has taken this long to recover even a little bit of ground.


[ Parent ]
Just because Obama is not the entirety of the problem (0.00 / 0)
doesn't mean that he shouldn't be held accountable.

Maybe not your intent, but that's a message you are sending.

Building a movement will take years, if not decades, right? So what to do while building it? Keep voting neo-Lib?



"It sounds wrong...
     ...but its right."


[ Parent ]
It's clearly not his intent (0.00 / 0)
nor is it his message.

You are conflating 1) holding him accountable and 2) making this about one individual. Rejecting the latter is not about deservingness or blame.

I continue to be baffled by progressives who reject purely individualist approaches to policy (because that is a core element of conservative though, especially on the economy) but who insist on taking a similar approach to politics.

I'm all for looking simultaneously at the long, medium and short term. But your comment seems to assume that supporting a primary challenge equals holding him accountable. I don't believe that is true (which is a separate question from whether it makes strategic sense or might under somewhat changed conditions).  

Politics is the art of the possible, but that means you have to think about changing what is possible, not that you have to accept it in perpetuity.


[ Parent ]
Paul's right. This is about the Class that put Obama in power. (4.00 / 4)
If you have any doubts, just look at the ridiculous kabuki at the Capital on taxes taking place right now. That's not Obama, that's the Senate and House leadership playing games with the lives of millions of people who frankly deserve better than vicious parlor antics.

As for Obama, who's going to vote for him in 2012? I don't think much of anyone will. This year, 29 Million Obama Voters stayed home--that's almost half of them. Any guesses as to how high that number will in two years hence? (My own guess is much, much higher)

The dude's a one-termer. That may have been his intent all along, judging by the way he thumbs his nose at the entire planet... save his CEO-Class buddies. His friends will take very, very good care of him when he leaves office. Why, he'll still be young enough to actually enjoy all that money!

It's time to get beyond personalities and start thinking about interests and class. Only movements can do that. In that sense, Obama is increasingly looking like a historical footnote and a rather pathetic one at that.

"What gets us into trouble is not what we don't know, it's what we know for sure that just ain't so."  - Mark Twain


[ Parent ]
yeah! - (0.00 / 0)
it looks like we are going to get one 'pathetic footnote after another' in the coming years - and as the American people like to elect 'people' as their Presidents and not 'movements' - I doubt it if you are going to be very happy with the next "footnote" coming up...
And WE need 'movements' and WE have to think about 'class' - and then you for sure like to talk about Obama - AGAIN - (I know you!) - and wasn't this post here some time ago about the 'gangsterstate' US - I think that's how it started out - and since two days I'm defending the 'gangsterstate' -(you have to do that occationally if you live in Germany) - and can you imagine I got help from a spanish dude - who told a table of all kind of students - that these Americans -(and he smiled at me) - are much too hard on each-other and then it was my turn and I told them all how wrong I was - with this stupid idea that the latest Wikileak dump didn't offer anything 'new' - because what was so "new" about it was - that the 'known knowns' -(to use the legendary words of a famous American poet) -  were treated as 'unknown knowns' - and whatever you like to say about it - you always going to be right - Right?
(an now back to Obama...?)


[ Parent ]
oh - and if you want to know - (0.00 / 0)
how I defended the 'gangsterstate' - I told them: At least we now have such a good Christian as a President, that he didn't feel the need to punish the evildoers of the administration before him - He forgave! - and as there were a lot of catholics on the table - they understood  and the spanish dude nodded and said: What type of fools would think, that an American President wouldn't try to protect an American President -(especially if it is one of the 'other party') - and everybody nodded!
(and I lied a little bit - it was a British dude who said that!)    

[ Parent ]
and then the British dude said something very wise - (0.00 / 0)
'The only new American President who could have afforded NOT to protect George and Dick would have been another Republican President.

[ Parent ]
No, but (4.00 / 1)
The dude's a one-termer. That may have been his intent all along

I doubt that two years ago he planned on being a one term president, but it's his present reality, and you are right, his CEO buddies will take care of him financially.  But... you have to wonder, will the next administration take as good of care of his criminal ass, as he did Yoo et. al.  

"Oh. My. God. .... We're doomed." -- Paul Krugman
http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...


[ Parent ]
and do you think the 'working class' (0.00 / 0)
- will ever understand the train of thought of a simple British Anthropology student?

[ Parent ]
I have no idea (0.00 / 0)
but your trajectory of logic is too eccentric for me!  just kidding!

"Oh. My. God. .... We're doomed." -- Paul Krugman
http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...


[ Parent ]
and stop this nonsense - (0.00 / 0)
with his "CEO buddies" - He never EVER will be their "buddy" - and that's really such a 'known known" - that even the 'working class' might know it - and only some very unusual people -(politely spoken) - would believe in such crap!

[ Parent ]
One of his best "buds" and (0.00 / 0)
golfing partner is a CEO of a major insurance company.  He doesn't hangout with common people.  

"Oh. My. God. .... We're doomed." -- Paul Krugman
http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...">http://krugman.blogs.nytimes.c...


[ Parent ]
'golfing buddy''? (0.00 / 0)
you are joking right?
Because somebody plays golf with him -(synonym for doing business) - doesn't mean he (Obama) - can become a member of the club!  

[ Parent ]
You got it - (0.00 / 0)
that's typical for somebody who wants to become a member of 'thee club' -(if you know what I mean - but he never will - or aren't you aware of the term "blackballed" ? -(what a symbolic expression) - and I think Ronald Reagans Club - "LA Country" just didn't 'blackball' their first Asian member because they wanted to avoid one of these unpleasant law cases which suddenly makes you the golfing 'buddie' of a Black Man - And somtimes I wonder in what country homelanders like you spent most of their time - "Golfing Buddies" - Haha!!

[ Parent ]
oh wait - I forgot Tiger Woods - Right - (0.00 / 0)
but see - that makes everything you say about America so interesting - it's always 'wrong' --- and 'right' at the same time - so I give you: Obama has some "CEO golfing buddies" - We just don't know if they have him?

[ Parent ]
That's an interesting question... (0.00 / 0)
... and I doubt they will. Someone is going to have to twist in the breeze at some point.

But I'm sure they'll contribute to his legal defense fund!

Then again, if they don't defend him outright, he might sing like a canary, eh?

Nagging questions, these are....

"What gets us into trouble is not what we don't know, it's what we know for sure that just ain't so."  - Mark Twain


[ Parent ]
So, if Obama is a "one termer" (0.00 / 0)
What's to lose by primarying him?

Seems we are destined for President Palin, anyway, by your analyses.


"It sounds wrong...
     ...but its right."


[ Parent ]
I can't wait to see that "insurance" file (4.00 / 1)
also, look! Obama got his bipartisan action!

Any international law experts in the house? (0.00 / 0)
From the point of view of international law and precedent covering war crimes, what are the implications of taking actions to impede an investigation and prosecution of war crimes? It can't be as great a crime as the underlying war crime but surely it cannot be acceptable as a matter of law? I am not asking about the morality or the politics I am asking this as a matter of law.

Do individuals that impede the investigation and prosecution of war crimes open themselves to legal action? I ask because under US domestic law international treaties to which we have acceded have the highest status of obligation, as I understand it. Once a treaty is signed the US cannot cavalierly ignore its provisions through, say, a mere act of congress or executive order. The US is a party to the Geneva Conventions. Adherence is not optional, whatever Cheney might say. Indeed, they know that, which is why they twisted themselves into pretzels with "enhanced interrogations" and "enemy combatants" and so on.

What are our obligations? Any thoughts?

Did they get you to trade your heroes for ghosts? Hot ashes for trees? Hot air for a cool breeze? And cold comfort for change?


what a question - (0.00 / 0)
don't you know that 'politics' still trump 'the rule of law' any time it wants -(you wouldn't ask such a naive question concerning the Supremes -  would you?)

[ Parent ]
or in other words - (0.00 / 0)
if you are able to turn a corporation into 'a person' if you like -(by law) - 'impeding an investigation' is a piece of cake! - Right?  

[ Parent ]
It's Illegal Simply Not To Prosecute These Guys (4.00 / 1)
We've signed treaties obligating us to prosecuting them, if we don't turn them over to international courts.

So this is just adding insult to injury.

"You know what they say -- those of us who fail history... doomed to repeat it in summer school." -- Buffy The Vampire Slayer, Season 6, Episode 3


[ Parent ]
that's why - (0.00 / 0)
the homeland should prosecute them - and if -(the homeland) - is not man enough -(in a matter of speaking) - you don't go to some Spanish judges to help you out -
(what 'Sissies' are we?) - You know - I think it's all Obamas fault...  

[ Parent ]
or the next Wikileak dump - (0.00 / 0)
(after the banksters dump) - will reveal a large-scale, closely coordinated effort by the American people to obstruct these criminal investigations. High and Low -ranking  people were corralled into this effort, warning political leaders that the criminal investigations would "be misunderstood" and would harm all kind of relations?

[ Parent ]
Does it pay well? (0.00 / 0)


"It sounds wrong...
     ...but its right."


[ Parent ]
What do we do when such elegant and logical arguments fail? (0.00 / 0)


"It sounds wrong...
     ...but its right."


[ Parent ]
How will speaking Castillian help me? (0.00 / 0)
Were I to move, it would be to the street.

Sister, can ya spare a yuan?

Does anybody really know what time is?

Good tortilla.


"It sounds wrong...
     ...but its right."


[ Parent ]




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