Wednesday I wrote a post about how Attorney General Eric Holder said that he was willing to cooperate with Spanish judge Baltasar Garzon’s investigation into “crimes” committed by Bush officials regarding enhanced interrogation techniques. Yesterday Daffydd addressed this as well and discussed the consequences and implications this would have on American sovereignty. It’s a must read. Here’s a portion:
If the Attorney General of the United States once accepts the absurdity that a Spanish court and Spanish judge, Baltasar Garzón, sitting in Spain and operating under Spanish law, actually have jurisdiction over American officials making official policy decisions inside the United States about how American military and intelligence agents can interrogate detainees at an American Marine Corps base inside Cuba… then how can Holder later limit such jurisdiction to “evidentiary requests?”
If Garzón has legal authority to demand we hand over evidence, he also has legal authority to demand we hand over “war criminals,” from American military personnel, to John Yoo, to Jay Bybee, to William Haynes, to Douglas Feith, to Alberto Gonzales, to Richard Myers, to Dick Cheney — even to former President George W. Bush himself.
This is even more outrageous than the suggestion that we prosecute any of these individuals ourselves, or that we form a “truth commission” and haul them before it for public show trials. This is, in essence, outsourcing the prosecution of the previous administration to foreign courts. Call it “extraordinary judicion.”
If we ever once accept that a European court — and not even a recognized “international” one! — has jurisdiction over actions committed by American officials here in the United States, and can prosecute them for “crimes” that are not even recognized here, then we have crossed a line from which we can never retreat: The United States will cease to be a sovereign power.
If Eric Holder and Barack Obama accept this idea, they will actually have brought about what used to be a paranoid fantasy among the John Birch Society and other lunatics — “one-world government,” run according to European, not American rules.
Even if we do not actually arrest and extradite suspects in a European crimes-against-humanity witch hunt, by acquiescing and even cooperating with such unconstitutional probes of American citizens, we could make it impossible for former Bush-administration officials ever to travel outside the United States: By accepting the jurisdiction of such “world courts” and blessing their proceedings, President Obama signals that he will stand by and do nothing if, say, Dick Cheney or George Bush is seized abroad and sent to some star-chamber tribunal for prosecution. (What would the former president’s Secret Service contingent do — shoot it out with Italian or German police?)
So why would the Obama administration do such a thing? Quid pro quo perhaps? Daffydd wonders too:
The juxtaposition of Holder’s offer of “cooperation” (complicity) and the hoped-for acceptance of Gitmo detainees strongly suggests that a grand bargain may be in the works: European countries may accept releasees in exchange for American recognition of the “universal jurisdiction” of individual courts of “human rights.”
Barack Obama opened this can of worms all by himself by releasing the EIT memos as the Washington Post points out:
Judge Baltasar Garzón said his probe was based largely on complaints filed by four former prisoners at Guantanamo who were transferred to Spain. But in court papers, he also said his investigation was prompted by the release of secret U.S. legal opinions authorizing the CIA to subject terrorism suspects to waterboarding and other tactics.
While George W. Bush remains silent regarding Obama’s actions out of respect as a former President of the United States, Barack Obama may very well sell out Bush to a foreign court. Unconscionable.