While six Bush officials certainly were protected from prosecution, I think the article is misleading. To say that Obama and GOPers worked together to kill Bush torture probe suggests that under different circumstances, the Obama administration would have allowed the Spanish judiciary to press charges in matters that were beyond Spanish jurisdiction.
NO US PRESIDENT WOULD EVER ALLOW THAT!
That's the point here. President Obama was protecting a longtime US principle.
The issue is NOT that the crime was committed on Spanish soil or that it was an internationally-recognized crime under Spanish jurisdiction. The issue IS that some Spanish judge brought it upon himself to seek criminal charges against six US officials whose actions were legal under US law. Even within the Spanish government, there was disagreement on the validity of these charges to the point where they admit that these are largely political rather than based on some point of law.
I think the Obama administration did the right thing. I don't see how it had any other choice.
To put this in the lowest common denominator, this is the equivalent of a US soldier being charged with murder for killing an enemy combatant on the battlefield. The United States legally approved the military action, but some overzealous chief justice in another country is attempting to charge the soldier with murder because they politically do not recognized the legality of the US action. It's the same thing here with this so-called "torture probe."
Would you agree the longtime US principle Obama was upholding was American Exceptionalism?
"The issue is NOT that the crime was committed...or that it was an internationally recognized crime under Spanish jurisdiction. The issue IS that some Spanish judge brought it upon himself..."
to hold the US to the same standards as the rest of the world?
Look at
the six characters named in the indictment:
"The six were former Attorney General Alberto Gonzales; David Addington, former chief of staff and legal adviser to Vice President Dick Cheney; William Haynes, the Pentagon's former general counsel; Douglas Feith, former undersecretary of defense for policy; Jay Bybee, former head of the Justice Department's Office of Legal Counsel; and John Yoo, a former official in the Office of Legal Counsel.
"The human rights group contended that Spain had a duty to open an investigation under the nation's 'universal jurisdiction' law, which permits its legal system to prosecute overseas human rights crimes involving Spanish citizens and residents.
"
Five Guantanamo detainees, the group maintained, fit that criteria."
It seems to me the global war on terror would be advanced significantly if criminals like Gonzales, Addington, Haynes, Feith, Bybee and Yoo were punished for their crimes.
We are Americans. We are not Spaniards. If we were in Spain and committed a crime in Spain under Spanish law, then we are subject to whatever international agreements exist between the US and Spain. Other countries have the same type of agreements. In most cases, the agreement is that we are subject to the laws of the host nation. However, there are exceptions....by agreement between affected countries...to this general rule. It is why diplomats enjoy immunity; it is why soldiers stationed overseas fall under Status of Forces Agreements rather than host country laws.
I find your argument comparing Gonzales, Addington, Haynes, Feith, Bybee and Yoo with international terrorists quite weak. The men you mentioned are subject to the laws of the United States and, if guilty of any crime, will be punished accordingly.
By the way, I believe that terrorists are valid military targets. I believe that we have the right to hunt them down and plant two government-issued rounds of ammunition right between the eyes. I don't believe in torture not because of some naive belief in human rights or other hand-holding, Kumbaya-singing philosophy. I don't believe in torture because I know for a fact that it does not work. It is counterproductive.
I don't believe the United States engaged in torture. However, I do believe that waterboarding is a huge mistake, and the US should discontinue its use immediately. I also believe that so-called "enhanced interrogation techniques" are also counterproductive and should be discontinued. I don't classify them as torture techniques, yet. But we are headed down that path if we allow ourselves into accepting them as valid interrogation methods. They certainly open the door to torture, but they are not torture.
I've seen victims of torture. What the United States has done during the GWOT doesn't even come close to torture.