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WikiLeaks Cables Recount How U.S. Pressured Allies
They have received little attention in the United States, but a set of WikiLeaks disclosures of confidential documents has caused an uproar in Europe by showing that U.S. officials pressured Germany and Spain to derail criminal investigations of Americans.
A set of WikiLeaks disclosures of confidential documents has caused an uproar in Europe by showing that U.S. officials pressured Germany and Spain to derail criminal investigations of Americans. (AFP/File/Karen Bleier)
The more than 2,500 State Department cables that the anti-secrecy group has provided to news organizations since November include accounts of three cases that shed new light on U.S. responses to allegations of wrongdoing by its agents abroad:
-- The case of Khaled el-Masri, a German citizen seized in Macedonia in 2003 by officers who mistook him for an al Qaeda agent with a similar name. He said they turned him over to U.S. authorities, who flew him in shackles, a blindfold and a diaper to a prison in Afghanistan, where they beat him, injected him with drugs and interrogated him. Five months later, he said, he was flown to Albania and dumped on a remote hillside without explanation or apology.
After German prosecutors issued arrest warrants for 13 CIA agents allegedly involved in el-Masri's abduction, a February 2007 cable quoted the deputy U.S. chief of mission in Berlin as advising a German diplomat to "weigh carefully at every step of the way the implications for relations with the U.S." if the agents were prosecuted.
The German government withdrew the warrants five months later.
-- The case of four Spanish residents who said they were tortured by U.S. interrogators at Guantanamo Bay before being released without charges and returned to Spain.
A Spanish judge announced a criminal investigation in January 2009 into whether six lawyers in President George W. Bush's administration had approved torture. They included former Attorney General Alberto Gonzales and John Yoo, the UC Berkeley law professor whose memos as a Justice Department attorney authorized the near-drowning technique called waterboarding.
WikiLeaks cables from April and May 2009 said Spanish officials were being warned about the case by diplomats from the Obama administration and by a visiting U.S. senator, Mel Martinez, R-Fla., who allegedly told Spain's foreign minister that the prosecution would have "an enormous impact on the bilateral relationship." The Miami Herald has reported that Martinez was carrying that message for the Obama administration.
The documents also quoted U.S. diplomats as urging Spain to transfer the case from Judge Baltasar Garzón, known for far-reaching investigations of suspected international law violations and for criticism of U.S. policies. The cables described Garzón as a "publicity-loving" jurist with an "anti-American streak" and said Spain's chief prosecutor was trying to remove him.
Spain's government has since suspended Garzón for allegedly exceeding his authority in another case. Another judge has taken up the case of the Bush administration lawyers but has not decided whether to reopen it.
-- The case of Jose Couso, a Spanish cameraman who was one of two journalists killed in April 2003 by a U.S. artillery shell at a hotel in Baghdad.
A U.S. military investigation concluded that troops were responding to reports of rocket attacks from the building, but journalists on the scene have said the hotel was a well-known media headquarters and was not the source of any hostile fire. Spanish courts have authorized criminal charges against three American soldiers, but Spanish prosecutors have moved to scuttle the case.
A May 2007 WikiLeaks cable quoted then-U.S. Ambassador Eduardo Aguirre as saying that "behind the scenes we have fought tooth and nail to make the charges disappear."
The Obama administration has refused to discuss the content of the State Department documents or of previous WikiLeaks disclosures about Iraq and Afghanistan. Administration officials have focused instead on the illegality of the leaks and the harm they allegedly caused.
Asked for comment about the cables on Germany and Spain, the State Department referred a reporter to Secretary of State Hillary Rodham Clinton's statements at a November press briefing, in which she called the release of confidential department materials "an attack on the international community."
"There is nothing brave about sabotaging the peaceful relations between nations on which our common security depends," Clinton said.
The documents have drawn extensive news coverage abroad, centering on their accounts of U.S. political power and foreign acquiescence. A Dec. 9 article in the influential German newsmagazine Der Spiegel, for example, was headlined "Cables Show Germany Caved to Pressure From Washington."
Several independent legal analysts saw nothing unlawful in the U.S. actions but were divided about whether they had violated the norms of diplomacy.
All countries understand that "they have a political and diplomatic price to pay" for taking on another nation's officials, said Diane Amann, a UC Davis law professor and vice president of the American Society of International Law.
It's neither surprising nor illegal that the United States would try to discourage such foreign prosecutions, Amann said. But she criticized the "failure of the United States itself to conduct any apparent investigation or efforts at accountability" in cases like el-Masri's.
Federal courts have dismissed el-Masri's suit against the U.S. government, accepting arguments by both the Bush and Obama administrations that secrets about the CIA's rendition program could be exposed if the case proceeded.
Last month, the Associated Press reported that the CIA analyst who advocated el-Masri's abduction and argued against releasing him even after colleagues reported the mistaken identity has been promoted to run the agency's al Qaeda unit and regularly briefs CIA Director Leon Panetta.
Ben Wizner, the American Civil Liberties Union lawyer who represents el-Masri, said the cables show U.S. officials using "diplomatic muscle and subtle threats to try to prevent accountability abroad, just as they had prevented it at home."
But a Stanford law instructor and former State Department lawyer said governments commonly urge one another to consider the foreign policy implications of pursuing a criminal case against foreign nationals working for their countries.
"We often ask countries to do things that are good for the United States of America," said Allen Weiner, co-director of Stanford's international law program. "That may be hard for those countries to explain if it were on the front page," which justifies keeping the discussions confidential, he said.
Another international law analyst, Scott Horton of Columbia Law School, said laws against interfering with criminal investigations - normally considered obstruction of justice - don't apply to a diplomat's inquiries to a foreign government.
"They have a right, as a diplomat, to seek information," Horton said. But he said diplomats "go off track when they start talking about removing and replacing judges," as U.S. officials apparently did with Spain's Garzón. "Imagine if that happened in the U.S."
Garzón's probe into whether Gonzales, Yoo and other Bush administration lawyers authorized torture is on hold but could resurface. The new judge, Eloy Velasco, has repeatedly asked the Obama administration whether it was conducting its own inquiry, which would make a Spanish investigation unnecessary.
According to the latest court filing, Velasco has not yet received a reply.
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23 Comments so far
Show AllThe case of Masari illustrates the 'economy' of strategic 'capital' in torture and the 'externalization ' of costs. Information becomes the gold mine in reserve. It is the "diplomatic" (the formal meaning of the word applies less and less all the time) version of the financial bubble, with ethics,balance, morality, humanity and all associated values being externalized / sacrificed.
In stead of a bubble, this is a sledge hammer, a considerably more direct death machine.
What the hell do we need a "probe into whether Gonzales, Yoo and other Bush administration lawyers authorized torture is on hold but could resurface." Bush and Cheney have already admitted that they authorized the use of waterboarding and the 'enhanced interrogation' program. Obama and Eric Holder have already stated that waterboarding constitutes torture! There, I've done the probe and we can now indict Bush and his cabal for their crimes against humanity and war crimes. I'll need a couple od million bucks for my 'probe'. Thanks!
Seconded!
They need probes in order to coordinate the bribes paid to jurists.
>>Europe is reportedly in an "uproar" about something all the time. Little attention is paid to Europe these day's.
Typical arrogance.
Little attention is paid to Europe inside the United States of America. The USA is only 5 percent of the worlds population. Its population is more fascinated with Charlie Sheen and Lindsey Lohan then it is with world affairs so why should the rest of the world care who "The United States of America" pays attention to?
The USA is rapidly becoming third world and its leadership no more credible then Mugabe of Zimbabwe. China laughed off US demands the last time one of those oh so important "Americans" visited. They give the leaders of Europe far more respect.
I've lived the the 3rd world and you are absolutely right. In fact those in the 3rd world are better qualified to live in their conditions because that's where dignity, excepting politicians, exists. The USA is being stripped of dignity, respect and replaced with mindlessness. Americans won't resist for to "resist is futile, you will be assimilated" into the 3rd world conditions for which we are unprepared. The USA has been under a military/SCOTUS coup since 2000 because of Florida. Americans don't even know it, that's due to being instilled with mindlessness which is institutionalized and orchestrated by the USG, BUSINESSES, PRETEND CHRISTIANs which legitimizes it.
Hillary Clinton "called the release of confidential department materials "'an attack on the international community.'" She added, "There is nothing brave about sabotaging the peaceful relations between nations on which our common security depends."
First, what does Hillary Clinton know about bravery? And second, how is the release of factual information about AmeriKKKan coercion and intrigue "sabotaging the peaceful relations between nations"?
It's time that we take back our country from the neo-con fascists like Barry, Hilly and the rest of the traitors, who sold our nation to the corporations. General strikes, boycotts, nonviolent resistance now!
Beware of "the international community" whenever the phrase occurs.
Who IS that "international community"? - The USA, Israel, most often Britain (as the "grandparent" Empire) plus whatever small-country sycophants can be bullied to tag along.
Wariness is only warranted when th phrase "inernational community" comes out of the mouth of a USAn. Otherwise, it is a fine phrase.
Fine phrase, sure (that's why the NATO-west loves it). Except it's used mostly by US and "allies".
They had good teachers:
“If you tell a lie big enough and keep repeating it, people will eventually come to believe it. The lie can be maintained only for such time as the State can shield the people from the political, economic and/or military consequences of the lie. It thus becomes vitally important for the State to use all of its powers to repress dissent, for the truth is the mortal enemy of the lie, and thus by extension, the truth is the greatest enemy of the State.”
And:
“The most brilliant propagandist technique will yield no success unless one fundamental principle is borne in mind constantly - it must confine itself to a few points and repeat them over and over”
“Think of the press as a great keyboard on which the government can play.”
Joseph Goebbels, MiniProp for Hitler’s Third Reich
1897-1945
"Naturally the common people don't want war: Neither in Russia, nor in England, nor for that matter in Germany. That is understood. But, after all, it is the leaders of the country who determine the policy and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is tell them they are being attacked, and denounce the peacemakers for lack of patriotism and exposing the country to danger. It works the same for any country."
Herman Goering to Gustave Gilbert at Nuremberg, 18 April, 1946
They have been good pupils and they have learned well.
The truth can get you killed. Or worse.
"After German prosecutors issued arrest warrants for 13 CIA agents allegedly involved in ... "
To identify 13 people is simply amazing. How do they do this??? :-)
Passports, cell-phone records, plane-tickets, hotel-bills. There was nothing subtle about these CIA guys. Only arrogance.
Academics say that all is "normal" in what the US does with other countries which makes bullshit the order of the day. What a way to talk to your neighbors and the world is our neighbor. Don't just let your kids talk trash to a neighbor but do any thing you damn well please. Disgusting. Tony
The new Spanish judge, Eloy Velasco, keeps asking the same question his predecessor asked: is a probe of some sort underway by the US Justice Department which might lead to a prosecution of a half dozen lawyers who advised Bush, Cheney, Rumsfeld, and other top officials about torture/"harsh interrogation" techniques in violation of established international treaties and existing federal criminal statutes?
Shamefully, the Obama administration continues to respond with complete silence to the Spanish judges' repeated requests. The Justice Department, the State Department, and the White House simply will neither confirm nor deny. The response is complete silence.
The significance of this dance is that international human rights treaties seek to encourage signatory nation states to hold their own government officials legally accountable first and foremost, with messy things like international arrest warrants, high profile extradition fights, and trips to the Hague only the last resort.
That is exactly how it should be. Those responsible for enforcing the rule of law should be encouraged to do so, and given every opportunity to do so. Thank you, Spain.
The silence of Eric Holder's Justice Department towards the lawyer-enablers of the Bush/Cheney regime - Alberto Gonzales, John Yoo, and other hand picked Federalist Society ideologues - speaks volumes. Through inaction, they ratify their predecessors' crimes with a wink and a nod and a frown, virtually insuring that similar human rights violations will be committed with impunity and condoned in the future.
How shameful.
Bill from Saginaw
"Federal courts have dismissed el-Masri's suit against the U.S. government, accepting arguments by both the Bush and Obama administrations that secrets about the CIA's rendition program could be exposed if the case proceeded."
This is insane. Secret crimes cannot be prosecuted because they are secret?
"He has affected to render the Military independent of and superior to the Civil Power:"
"For protecting them, ... from Punishment for any Murders which they should commit ..."
"For depriving us, ... of the Benefits of Trial by Jury:"
'For transporting us beyond the Seas ... for pretended Offences:"
I don't know how any of the Bush Cheney administration can claim to be a patriot.
I don't know how anyone in the Obama administration can claim to be honoring his or her pledge to defend the constitution.
I don't know how any of them can believe he or she is promoting the ideals of the Declaration of Independence.
I don't know how any of them can sleep at night.
I wish I could find some reason to hope for the future of this country.
Michael S. Moore
"WikiLeaks Cables Recount How U.S. Pressured Allies. ...
U.S. Ambassador Eduardo Aguirre ... saying that "behind the scenes we have fought tooth and nail to make the charges disappear." ...
The Obama administration has refused to discuss the content of the State Department documents or of previous WikiLeaks disclosures about Iraq and Afghanistan. Administration officials have focused instead on the illegality of the leaks and the harm they allegedly caused."
And still there are people claiming Julian Assange would not be in peril if extradited to the USA.
what this means is, the entire state authority is criminal.
of course we all know that, too.
but keep being surprised at every symptom.
The American hypocrisy and forked tongue just wants to make me vomit.
Perhaps off subject but, can anyone explain when or where is the promised exposé by Wikileaks on Bank of America? I thought it was to appear "early in the new year" according to Asange and then February, now here we are in March. Have they got to him then? Does anyone know?