Gonzales, Yoo, Feith to be indicted by Spanish prosecutors for torture?

[Scam of God]

I already posted this.

But yes, Spain is entirely within their right as a sovereign nation to prosecute foreign officials if it is found that those foreign officials have tortured U.S. citizens.

Will we extradite? Hell no. That's why an irregular rendition is in order. Pull an Eichmann on the bastards.

[Scam of God]

Is there precedent for this sort of thing?  Nations not at war with each other prosecuting citizens for torture?

Adolf Eichmann. I should think that case would be near and dear to your heart.

[Scam of God]

Spain doesn't have jurisdiction over the United States

I'd suggest you go through and read the U.N. Charter more thoroughly: any member nation is permitted to convict the citizens of another member nation when the lives or well-being of its own citizenry have been violated.

[Scam of God]

John Yoo deserves to be in jail.

For what? Giving absurd legal advice?

Yes. There indeed ought to be a law precluding legal officials or lawyers from offering a member of the Federal government legal advice which is unconstitutional.

[Scam of God]

Spain doesn't have jurisdiction over the United States

I'd suggest you go through and read the U.N. Charter more thoroughly: any member nation is permitted to convict the citizens of another member nation when the lives or well-being of its own citizenry have been violated.

I suggest you read the Supreme Court ruling on Reid v Covert (1957).  The ruling clarified the supremacy of the U.S. Constitution over treaties ratified by the United States.  Therefore, the Constitution supercedes the UN Charter.  The next step would be to identify where a "crime" actually occurred (if one occurred at all).  Since these individuals were not captured in Spain, and the torture that is assumed to have taken place did not occur in Spain, Spain can only ask for those suspected of guilt to be extradited for a hearing.  With all that being the case, Spain doesn't have jurisdiction.

The US SC decision doesn't exactly have the jurisdiction over theSpanish gov't either Spain would, obviously, not be able to have them extradited from the US for prosecution. However, if I were one of those gentlemen, I would be seriously worried about going to Toronto or Baja: chances are, the Canadian or Mexican governments would not be that unreceptive to a Spanish extradition requests (and they don't feel subject to US court decisions either).

This does create a relevant precedent, at least by Mexican law, I believe:

http://en.wikipedia.org/wiki/Ricardo_Miguel_Cavallo

Moreover, nothing is preventing the Spanish government from engaging in irregular rendition out of the United States. We've used it often enough that it would be hypocritical to complain.

[Scam of God]

Spain doesn't have jurisdiction over the United States

I'd suggest you go through and read the U.N. Charter more thoroughly: any member nation is permitted to convict the citizens of another member nation when the lives or well-being of its own citizenry have been violated.

I suggest you read the Supreme Court ruling on Reid v Covert (1957).  The ruling clarified the supremacy of the U.S. Constitution over treaties ratified by the United States.  Therefore, the Constitution supercedes the UN Charter.  The next step would be to identify where a "crime" actually occurred (if one occurred at all).  Since these individuals were not captured in Spain, and the torture that is assumed to have taken place did not occur in Spain, Spain can only ask for those suspected of guilt to be extradited for a hearing.  With all that being the case, Spain doesn't have jurisdiction.

The US SC decision doesn't exactly have the jurisdiction over theSpanish gov't either Spain would, obviously, not be able to have them extradited from the US for prosecution. However, if I were one of those gentlemen, I would be seriously worried about going to Toronto or Baja: chances are, the Canadian or Mexican governments would not be that unreceptive to a Spanish extradition requests (and they don't feel subject to US court decisions either).

This does create a relevant precedent, at least by Mexican law, I believe:

http://en.wikipedia.org/wiki/Ricardo_Miguel_Cavallo

Moreover, nothing is preventing the Spanish government from engaging in irregular rendition out of the United States. We've used it often enough that it would be hypocritical to complain.

Well, Spanish gov't won't do that. Actually, Spanish gov't would, probably, prefer not to deal w/ that at all - but Spanish judiciary is another matter. Garzon doesn't have a capacity of ordering a paramilitary operation in the US - but he sure does have the capacity of issuing an arrest warrant, which a lot of countries would honor.

If they put out a warrant on any of these guys, I'd be happy to try to bring one of them in myself, especially if there's a large bounty on them. Of course that's just whimsy, but I'm sure there are a lot of people here in the States who'd try.