Anyone who expected that the U.S. government was going to allow another government to prosecute a U.S. President for war crimes is kidding themselves.
The fact is everyone knew that Holder was trying to avoid this situation.
Scott Horton:
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The Spanish attorney general’s statement came following intense back-channel discussions between the Obama administration and the government of Spanish Prime Minister José Zapatero. When asked about the pending case during an interview with CNN Español, President Barack Obama stated “I'm a strong believer that it's important to look forward and not backward, and to remind ourselves that we do have very real security threats out there." Obama acknowledged in the course of the interview that his administration had been in discussion with the Zapatero administration about the criminal investigation in Madrid.
Acting on the Spanish attorney general’s instructions, the prosecutors advised the court against proceeding with an investigation into the Bush Six. They also stated their view that Judge Garzón should not handle both the torture complaint and the case against the Guantánamo prisoners. Garzón reacted to this request by sending the torture complaint back to the court’s administrative judge for random reassignment—as a result of which it went to Judge Velasco. However, Garzón remained in charge of the case against the Guantánamo prisoners. He has in fact been assembling evidence for a criminal case addressing the mistreatment of the detainees for many months.
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.
Spanish lawyers close to the case tell me that under applicable Spanish law, the Obama administration has the power to bring the proceedings in Spain against former Bush administration officials to a standstill. “All it has to do is launch its own criminal investigation through the Justice Department,” said one lawyer working on the case, “that would immediately stop the case in Spain.”
Spanish Investigators Push Justice Department On Torture Role; How Will Holder Answer?