Tuesday, December 14, 2010

Seeking A Worldwide Ban On Shallow Cogitations

A partial copy of a confidential cable sent on April 17, 2009, from the US Embassy in Madrid. The one that talks about the efforts of the Obama administration and members of Congress to keep Spain from indicting former members of the Bush administration responsible for the authorization of torture.

2. (C) As reported in REF B, a Spanish NGO - Association for the Dignity of Spanish Prisoners - in March 2009 requested that the National Court indict six former U.S. officials for creating a legal framework that allegedly permitted torture. The six accused are: former AG Alberto Gonzales; David Addington, former chief of staff and legal adviser to the Vice President; William Haynes, former DOD General Counsel; Douglas Feith, former Under Secretary of Defense for Policy; Jay Bybee, former head of the DOJ Office of Legal Counsel; and John Yoo, a former member of Bybee’s staff. The NGO claimed that Spain had a duty to open a “universal jurisdiction” case because five Guantanamo detainees are either Spanish citizens or were/are Spanish residents. Although he seemed displeased to have this dropped in his lap, Chief Prosecutor Javier Zaragoza on April 1 privately told Embassy officials the complaint - at first glance - appeared well-documented and in all likelihood he would have no option but to open a case.
¶3. (C) Following revelations by the Spanish press that the complaint had been filed, the Acting DCM on March 31 and April 1 phoned FM Moratinos’ Chief of Staff Agustin Santos, and MOJ Director General for International Judicial Cooperation Aurora Mejia about the matter. Both expressed their concern at the case but stressed the independence of the Spanish judiciary. The A/DCM stressed to both that this was a very serious matter for the USG and asked that the Embassy be kept informed of any developments.
MADRID 00000392 002.2 OF 003
¶4. (C) As reported in REF A, Senator Judd Gregg, accompanied by the Charge d’Affaires, raised the issue with Luis Felipe Fernandez de la Pena, Director General Policy Director for North America and Europe during a visit to the Spanish MFA on April 13. Senator Gregg expressed his concern about the case. Fernandez de la Pena lamented this development, adding that judicial independence notwithstanding, the MFA disagreed with efforts to apply universal jurisdiction in such cases.

Soon, Air Force members around the world will try to access Shallow Cogitations only to have their browser display "ACCESS DENIED. Internet Usage is Logged & Monitored".


Spokane Al said...

Is this an example of shutting the door after the cows have escaped?

This is the kind of stuff that makes the military look a bit silly.

Anonymous said...

While torturers face no consequences, write books (Bush, Rice), get rich (all of them), practice law, and get paid as law professors (Yoo) or even as a judge (Bybee), the Obama administration tortures whistle-blower Manning with sensory deprivation--obviously an attempt to drive him crazy pre-trial in the same manner as the US (illegally) did to Padilla.

The US inteferes with judicial processes abroad. Obama tells the German government to back off in a case where the US kidnapped and tortured the wrong person. Hillary Clinton threatens England to back off in investigating a case where a man's genitals were sliced at America's behest.

Gitmo remains open for business, as does Bagram's prison. The Iraqis torture prisoners at America's behest. American citizens are assasinated anywhere in the world by the President, without process. Obama is fighting an illegal war in Yemen and elsewhere, and lying about it to the American people, who pay the price with blowback terrorism.

US Courts refuse process to Muslims who seek damages for illegal torture, even if case would only use non-secret information. Illegal surveillance continues full throttle. The Fourth Amendment is void at airports and increasingly everywhere else.

The military is now censoring the New York Times and other entirely reputable (even compliant), mainstream publications. But, the Obama administration is also trying to shut off access to everyone, even interfering with web domain registries, eletronic payment systems, and the neutrality of the most basic networking information delivery. All without process of any kind.

Democracy or what?