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Spanish court agrees to consider criminal case against former Bush administration officials.

A Spanish court “has agreed to consider opening a criminal case against six former Bush administration officials…over allegations they gave legal cover for torture at Guantanamo Bay.” The officials include former attorney general Alberto Gonzales, former undersecretary of defense for policy Douglas Feith, former Cheney chief of staff David Addington, Justice Department officials John Yoo and Jay S. Bybee, and Pentagon lawyer William Haynes. The AP has more details on the case:

Spanish law allows courts to reach beyond national borders in cases of torture or war crimes under a doctrine of universal justice, though the government has recently said it hopes to limit the scope of the legal process. [...]

Human rights lawyers brought the case before leading anti-terror judge Baltasar Garzon, who agreed to send it on to prosecutors to decide whether it had merit, Gonzalo Boye, one of the lawyers who brought the charges, told The Associated Press. [...]

The judge’s decision to send the case against the American officials to prosecutors means it will proceed, at least for now. Prosecutors must now decide whether to recommend a full-blown investigation, though Garzon is not bound by their decision.




The Top 43 Appointees Who Helped Make Bush The Worst President Ever »

This item originally published in yesterday’s Progress Report. To receive The Progress Report in your email inbox everyday, click here.

bushfarewellforever.jpgNext week, “change is coming to America,” as President George W. Bush wraps up his tenure as one of the worst American presidents ever. He wasn’t able to accomplish such an ignominious feat all by himself, however; he had a great deal of help along the way. The ThinkProgress team heralds the conclusion of the Bush 43 presidency by bringing you our list of the top 43 worst Bush appointees. Did we miss anyone? Who should have been ranked higher? Let us know what you think.

1. Dick Cheney — The worst Dick since Nixon. The man who shot his friend while in office. The “most powerful and controversial vice president.” Until he got the job, people used to actually think it was a bad thing that the vice presidency has historically been a do-nothing position. Asked by PBS’s Jim Lehrer about why people hate him, Cheney rejected the premise, saying, “I don’t buy that.” His top placement in our survey says otherwise.

2. Karl Rove — There wasn’t a scandal in the Bush administration that Rove didn’t have his fingerprints all over — see Plame, Iraq war deception, Gov. Don Siegelman, U.S. Attorney firings, missing e-mails, and more. As senior political adviser and later as deputy chief of staff, “The Architect” was responsible for politicizing nearly every agency of the federal government.

3. Alberto GonzalesFundamentally dishonest and woefully incompetent, Gonzales was involved in a series of scandals, first as White House counsel and then as Attorney General. Some of the most notable: pressuring a “feeble” and “barely articulate” Attorney General Ashcroft at his hospital bedside to sign off on Bush’s illegal wiretapping program; approving waterboarding and other torture techniques to be used against detainees; and leading the firing of U.S. Attorneys deemed not sufficiently loyal to Bush.

4. Donald Rumsfeld — After winning praise for leading the U.S. effort in ousting the Taliban from Afghanistan in 2001, the former Defense Secretary strongly advocated for the invasion of Iraq and then grossly misjudged and mishandled its aftermath. Rumsfeld is also responsible for authorizing the use of torture against terror detainees in U.S. custody; according to a bipartisan Senate report, Rumsfeld “conveyed the message that physical pressures and degradation were appropriate treatment for detainees.”

5. Michael Brown — This former commissioner of the International Arabian Horse Association was appointed by Bush to head FEMA in 2003. After Katrina made landfall as a Category 4 hurricane, Brownie promptly did a “heck of a jobbungling the government’s relief efforts, and was sent back to Washington a few days later. He was forced to resign shortly thereafter.

6. Paul Wolfowitz — As Deputy Secretary of Defense from 2001 to 2005, Wolfowitz was one of the primary architects of the Iraq war, arguing for the invasion as early as Sept. 15, 2001. Testifying before Congress in February 2003, Wolfowitz said that it was “hard to conceive that it would take more forces to provide stability in post-Saddam Iraq than it would take to conduct the war itself.” Wolfowitz eventually admitted that “for bureaucratic reasons, we settled on one issue, weapons of mass destruction,” as a justification for war, “because it was the one reason everyone [in the administration] could agree on.”

7. David Addington — “Cheney’s Cheney” was the “most powerful man you’ve never heard of.” As the leader of Bush’s legal team and Cheney’s chief of staff, Addington was the biggest proponent of some of Bush’s most notorious legal abuses, such as torture and warrantless surveillance, and is a loyal follower of the so-called unitary executive theory.

8. Stephen Johnson — The “Alberto Gonzales of the environment,” EPA Administrator Johnson subverted the agency’s mission at the behest of the White House and corporate interests, suppressing staff recommendations on pesticides, mercury, lead paint, smog, and global warming.

9. Douglas Feith — Undersecretary of Defense for Policy from 2001-2005, Feith headed up the notorious Office of Special Plans, an in-house Pentagon intelligence shop devised by Rumsfeld and Paul Wolfowitz to produce intelligence to justify the invasion of Iraq. A subsequent investigation by the Pentagon’s Inspector General found the OSP’s work produced “conclusions that were not fully supported by the available intelligence.”

10. John Bolton — As Undersecretary of State, Bolton offered a strong voice in favor of invading Iraq and pushed for the U.S. to disengage from the International Criminal Court and key international arms control agreements. A recess appointment landed Bolton the job of U.S. ambassador to the United Nations, despite his stringent animosity toward the world body. Today, he spends his time calling for war with Iran. More »

Update After we published this list in The Progress Report, Rep. Brad Miller (D-NC), Chairman of the Investigations and Oversight Subcommittee of the House Science and Technology Committee, contacted us to urge that OIRA head Susan Dudley be added to the list. Dudley headed the Mercatus Center at George Mason University before heading OIRA. “The Mercatus Center takes the view that regulation is never appropriate unless there has been a market failure, and the market never fails,” Miller said. “Dudley concocted elaborate explanations for how the market will eventually solve whatever the problem is. She was probably more responsible for EPA’s failings than Stephen Johnson.”



Cheney: It’s Just An ‘Urban Legend’ That I ‘Exceeded My Authority’ As Vice President

cheney234.jpgIn an interview with CBS Radio today, Vice President Cheney claimed that he never “exceeded” his role as Vice President over the past eight years. It’s an “urban legend,” he insisted:

Nearing the end of eight years as Vice President, Dick Cheney bluntly dismissed the frequent suggestion that he was the one calling the shots in the White House. “It’s an urban legend,” he said. “It never happened.” […]

“This whole notion that somehow I exceeded my authority here, was usurping his authority, was simply not true.” Cheney said “there was never any question about who was in charge: it was George Bush and that’s how we operated.”

Cheney is, simply put, the most powerful vice president in history. Early in the Bush presidency, Cheney worked out a deal with Bush so he could be active in “whatever area the vice president feels he wants to be active in,” according to Chief of Staff Josh Bolten. “He has been pretty damn good at accumulating power,” remarked former secretary of state James Baker.

Here are just some examples of Cheney abusing his vice presidential powers:

– Argued he was not part of the executive branch but instead a “barnacle” hanging between the legislative and executive branch.

– Cheney’s office failed to provide data on its classification and declassification activities as required by Executive Order 12958. “Cheney’s office provided the information in 2001 and 2002, then stopped.”

– Top Cheney aide David Addington “typed a substitute signature line” for Alberto Gonzales on a memo re-authorizing Bush’s illegal wiretapping program.

– “The Cheney team had…technological supremacy over the National Security Council staff. That is to say, they could read their e-mails,” said former Colin Powell aide Lawrence Wilkerson.

– Documents prepared for the then-National Security Adviser Condoleezza Rice were “routed outside the formal process” to Cheney.

– A Cheney lawyer told the Secret Service in September 2006 “to eliminate data on who visited Cheney at his official residence.”

In addition to his well-documented disregard for the rule of law, Cheney admitted last year that he doesn’t care what the public thinks. It is no wonder he leaves office with 23 percent of Americans saying he is the worst VP ever.




Cheney Lawyer Claims ‘Congress Lacks Constitutional Power’ To Investigate VP’s Role In Torture Approval

addy331.gifEarlier this month, British international lawyer Philippe Sands revealed in his new book that Vice President Cheney’s chief of staff David Addington personally traveled to Guantanamo Bay in 2002, witnessed an interrogation, and sent approval back to Washington.

House Judiciary Chairman John Conyers (D-MI) has requested that Addington “testify about his involvement in the approval of interrogation tactics used at Guantanamo Bay.” But the Guardian notes that in a response today, Counsel to the Vice President Kathryn Wheelberger claimed that “Congress lacks any authority to examine [Cheney or Addington's] behaviour on the job”:

Ruling out voluntary cooperation by Addington, Cheney lawyer Kathryn Wheelbarger said Cheney’s conduct is “not within the [congressional] committee’s power of inquiry.” “Congress lacks the constitutional power to regulate by law what a vice-president communicates in the performance of the vice president’s official duties, or what a vice president recommends that a president communicate,” Wheelberger wrote.

As the Guardian notes, the “exception claimed by Cheney’s office recalls his attempt last year to evade rules for classified documents by deeming the vice-president’s office a hybrid branch of government – both executive and legislative.” “It is hard to know what aspect of the invitation [to you] has given rise to concern that the committee might seek to regulate the vice president’s recommendations to the president,” Conyers told Wheelberger.

The lawyers for former Office of Legal Counsel chief John Yoo and former Attorney General John Ashcroft, key players in the torture program, have also rejected Conyers’ invitation to testify. In a statement yesterday, Conyers provided a May 2 deadline for response or, he said, “I will have no choice but to consider the use of compulsory process.”

Update Raw Story has Wheelbarger's letter.



Addington, Gonzales Witnessed Gitmo Interrogations In 2002; Approved Of ‘Whatever Needs To Be Done’

addy33.gifLast month, ABC News revealed that President Bush’s most senior advisers approved the use of harsh interrogation tactics. Days later, Bush confirmed to ABC he “approved” of the tactics.

In a forthcoming book, British international law professor Philippe Sands further documents how the most extreme interrogation techniques — including stress, hooding, noise, nudity, and “dogs” — came directly from the White House and Pentagon.

Sands reveals that Alberto Gonzales, David Addington, and Secretary of Defense Donald Rumsfeld’s lawyer Jim Haynes traveled to Guantanamo in 2002, witnessed an interrogation, and sent approval back to Washington. The “driving individual was Mr. Addington, who was obviously the man in control,” Sands said:

There was an extraordinary meeting held in September 2002, just before the techniques were to go up the chain of command, so to speak. [Gonzales, Addington, and Haynes] descended on Guantanamo, met with the combatant commander there Mike Dunlavey, watched some interrogations, and as I was told by Dunlavey and by his lawyer Diane Beaver, basically sent out the signal ‘do whatever needs to be done.’

Listen to the interview:

[flv http://video.thinkprogress.org/2008/04/sandsinterview.320.40.flv]

Sands also explained how Gen. Richard Myers, then-Joint Chiefs of Staff Chairman, was cut out of the loop by Rumsfeld. Myers did not know the administration ditched the Geneva Conventions and made use of techniques prohibited by the Army Field Manual.

Lawrence Wilkerson, former chief of staff to Colin Powell, explained the implications of these revelations:

Haynes, Feith, Yoo, Bybee, Gonzalez and — at the apex — Addington, should never travel outside the US, except perhaps to Saudi Arabia and Israel. They broke the law; they violated their professional ethical code. In future, some government may build the case necessary to prosecute them in a foreign court, or in an international court.

Sands also notes that the interrogation records of al Qaeda suspect Mohammed al-Qahtani — the subject of the 2002 meeting at Guantanamo with Gonzales, Addington, and Haynes — were “mysteriously lost.” Cameras that “run 24 hours a day at the prison were set to automatically record over their contents, the US military admitted in court papers.”

Beaver added that the TV show 24, specifically Jack Bauer “gave people lots of ideas.” “We saw [24] on cable. … It was hugely popular.” “She believed the series contributed to an environment in which those at Guantánamo were encouraged to see themselves as being on the frontline – and to go further than they otherwise might,” Sands writes.

Update Scott Horton writes in the LA Times that Bush's torture program may have preceded John Yoo's 2002 and 2003 legal memos authorizing harsh interrogations. Horton writes that Yoo "may therefore have provided after-the-fact legal cover."



Sullivan: Rumsfeld, Addington, Yoo should fear being indicted as war criminals if they leave the U.S.

On The Chris Matthews Show this morning, the Atlantic’s Andrew Sullivan said that recent release of the Yoo torture memo means “that Donald Rumsfeld, David Addington, and John Yoo should not leave the United States anytime soon. They will be at some point indicted for war crimes,” he said.




David Addington Pushed To Eliminate Job Of National Archivist Who Challenged Cheney

In June, House investigators revealed that Vice President Dick Cheney had exempted his office from an executive order designed to safeguard classified national security information. He claimed that the Office of the Vice President (OVP) is not an “entity within the executive branch.”

The National Security Archives’ Information Security Oversight Office (ISOO) wrote Cheney’s then-chief of staff David Addington on two separate occasions in summer 2006, disputing those claims. Cheney’s office ignored both letters. Finally, in Jan. 2007, the ISOO directly asked — to no avail — Attorney General Alberto Gonzales to resolve whether the executive order applies to Cheney’s office.

In a new interview with Newsweek, ISOO director J. William Leonard — described as the “gold standard of information specialists in the federal government” — said that he is quitting after 34 years, partly because of pressure from Cheney’s office. Addington personally tried to “wipe out” his job after Leonard attempted to challenge Cheney’s claims. From the interview:

LEONARD: So I wrote my letter to the Attorney General [asking for a ruling that Cheney's office had to comply.] Then it was shortly after that there were [email] recommendations [from OVP to a National Security Council task force] to change the executive order that would effectively abolish [my] office.

Who wrote the emails?
LEONARD: It was David Addington.

No explanation was offered?
LEONARD: No. It was strike this, strike that. Anyplace you saw the words, “the director of ISOO” or “ISOO” it was struck.

Leonard also reveals that much of the information Cheney’s office was classifying wasn’t actually “real secrets,” underscoring the need for independent oversight. Some of the materials, for example, contained politically damaging information related to the Valerie Plame leak case:

A number of prosecution exhibits [in the Plame-related perjury trial of I. Scooter Libby, Cheney's former chief of staff] were annotated, ‘handle as SCI.’ SCI is Sensitive Compartmentalized Information, the most sensitive classified information there is. As I recall, [one of them] was [the vice president and his staff] were coming back from Norfolk where they had attended a ship commissioning and they were conferring on the plane about coming up with a [media] response plan [to the allegations of Plame's husband, Iraq war critic Joseph Wilson.] That was one of the exhibits marked, ‘handle as SCI.’

Cheney’s office refused to directly respond to Newsweek’s piece.




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