Scott Horton reports that Spanish prosecutors will indict high-ranking members of the Bush administration over allegations of detainee abuse and torture.
The six are: former Attorney General Alberto Gonzales; former head of the Office of Legal Counsel Jay Bybee; former OLC lawyer John Yoo; former Defense Department lawyer William J. Haynes II; David Addington, a former adviser to Vice President Dick Cheney; and former Undersecretary of Defense Doug Feith.
Horton explains the context of the case:
The case arises in the context of a pending proceeding before the court involving terrorism charges against five Spaniards formerly held at Guantánamo. A group of human-rights lawyers originally filed a criminal complaint asking the court to look at the possibility of charges against the six American lawyers. Baltasar Garzón Real, the investigating judge, accepted the complaint and referred it to Spanish prosecutors for a view as to whether they would accept the case and press it forward. [They found sufficient evidence.]
The case won't come before Judge Real, though; he also was involved in a terrorism case against the five Spaniards held in Guantanamo.
What does it all mean?
Well, John Yoo won't be vacationing on the Costa del Sol this summer. Were any of the Bush Six to step foot in Spain, they would be arrested.
More importantly: Spain has said that it would drop the cases if the United States would investigate the claim. Thus far, the U.S. Department of Justice and the White House haven't responded. But the indictment may force the administration's hand, spurring a response to the allegations.
For, ultimately, the issue may have more political potency than judicial importance. It's up to U.S. President Barack Obama to dictate whether and how the strong allegations of legal abuses in the Bush administration will be resolved.