And So It Begins

Spain does what Obama so far has refused to do: it has opened a criminal probe into Bush-era torture policy targeting John Yoo, Doug Feith, Gonzo, and others.

The case was opened in the Spanish national security court, the Audencia Nacional. In July 2006, the Spanish Supreme Court overturned the conviction of a former Spanish citizen who had been held in Guantánamo, labeling the regime established in Guantánamo a “legal black hole.” The court forbade Spanish cooperation with U.S. authorities in connection with the Guantánamo facility. The current criminal case evolved out of an investigation into allegations, sustained by Spain’s Supreme Court, that the Spanish citizen had been tortured in Guantánamo.

The Spanish criminal court now may seek the arrest of any of the targets if they travel to Spain or any of the 24 nations that participate in the European extraditions convention (it would have to follow a more formal extradition process in other countries beyond the 24). The Bush lawyers will therefore run a serious risk of being apprehended if they travel outside of the United States.

Would that it only included Dick Cheney and George W. Bush. The same judge that brought Pinochet to justice is the same one presiding over this case. It will not be thrown aside. Spain is deadly serious about this, and it will not be the first country to want to lock up these war criminals...for that is what John Yoo and his ilk are: war criminals.

How will Obama respond to a NATO ally's extradition demands? Hopefully by having Eric Holder open his own criminal probe. Dday and Andrew Sullivan have more, and Double G has more on Britain's torture case against the CIA.

[UPDATE] Sunday's WaPo front-pager reveals that the torture regime failed miserably and completely at getting any useful intelligence.

In the end, though, not a single significant plot was foiled as a result of Abu Zubaida's tortured confessions, according to former senior government officials who closely followed the interrogations. Nearly all of the leads attained through the harsh measures quickly evaporated, while most of the useful information from Abu Zubaida -- chiefly names of al-Qaeda members and associates -- was obtained before waterboarding was introduced, they said.

Torture failed. The people who did it will be punished sooner or later. Obama should rid himself of the John Yoo playbook now before he ends up sharing the author's eventual fate.