Obama: White House won't wade into CIA torture report dispute at this point

[OnyxCollie]

18. Undermining torture investigations is how Obama rolls.

Obama called on the former general chairman of the RNC to stop Spain's investigation of US torture crimes.

WikiLeaks: How U.S. tried to stop Spain's torture probe
http://www.mcclatchydc.com/2010/12/25/105786/wikileaks-how-us-tried-to-stop.html

MIAMI — It was three months into Barack Obama's presidency, and the administration -- under pressure to do something about alleged abuses in Bush-era interrogation policies -- turned to a Florida senator to deliver a sensitive message to Spain:

Don't indict former President George W. Bush's legal brain trust for alleged torture in the treatment of war on terror detainees, warned Mel Martinez on one of his frequent trips to Madrid. Doing so would chill U.S.-Spanish relations.

US embassy cables: Don't pursue Guantánamo criminal case, says Spanish attorney general
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH

6. (C) As reported in SEPTEL, Senator Mel Martinez, accompanied by the Charge d'Affaires, met Acting FM Angel Lossada during a visit to the Spanish MFA on April 15. Martinez and the Charge underscored that the prosecutions would not be understood or accepted in the U.S. and would have an enormous impact on the bilateral relationship. The Senator also asked if the GOS had thoroughly considered the source of the material on which the allegations were based to ensure the charges were not based on misinformation or factually wrong statements. Lossada responded that the GOS recognized all of the complications presented by universal jurisdiction, but that the independence of the judiciary and the process must be respected. The GOS would use all appropriate legal tools in the matter. While it did not have much margin to operate, the GOS would advise Conde Pumpido that the official administration position was that the GOS was "not in accord with the National Court." Lossada reiterated to Martinez that the executive branch of government could not close any judicial investigation and urged that this case not affect the overall relationship, adding that our interests were much broader, and that the universal jurisdiction case should not be viewed as a reflection of the GOS position.

Judd Gregg, Obama's Republican nominee for Commerce secretary, didn't like the investigations either.

US embassy cables: Don't pursue Guantánamo criminal case, says Spanish attorney general
http://www.guardian.co.uk/world/us-embassy-cables-documents/202776?INTCMP=SRCH

4. (C) As reported in REF A, Senator Judd Gregg, accompanied by the Charge d'Affaires, raised the issue with Luis Felipe Fernandez de la Pena, Director General Policy Director for North America and Europe during a visit to the Spanish MFA on April 13. Senator Gregg expressed his concern about the case. Fernandez de la Pena lamented this development, adding that judicial independence notwithstanding, the MFA disagreed with efforts to apply universal jurisdiction in such cases.

Why the aversion? To protect Bushco, of course!

US embassy cables: Spanish prosecutor weighs Guantánamo criminal case against US officials
http://www.guardian.co.uk/world/us-embassy-cables-documents/200177

The fact that this complaint targets former Administration legal officials may reflect a "stepping-stone" strategy designed to pave the way for complaints against even more senior officials.

Eric Holder got the message.

Holder Says He Will Not Permit the Criminalization of Policy Differences
http://abcnews.go.com/Politics/story?id=7410267&page=1

As lawmakers call for hearings and debate brews over forming commissions to examine the Bush administration's policies on harsh interrogation techniques, Attorney General Eric Holder confirmed to a House panel that intelligence officials who relied on legal advice from the Bush-era Justice Department would not be prosecuted.

"Those intelligence community officials who acted reasonably and in good faith and in reliance on Department of Justice opinions are not going to be prosecuted," he told members of a House Appropriations Subcommittee, reaffirming the White House sentiment. "It would not be fair, in my view, to bring such prosecutions."

CIA Exhales: 99 Out of 101 Torture Cases Dropped
http://www.wired.com/dangerroom/2011/06/cia-exhales-99-out-of-101-torture-cases-dropped/

This is how one of the darkest chapters in U.S. counterterrorism ends: with practically every instance of suspected CIA torture dodging criminal scrutiny. It’s one of the greatest gifts the Justice Department could have given the CIA as David Petraeus takes over the agency.

Over two years after Attorney General Eric Holder instructed a special prosecutor, John Durham, to “preliminar(ily) review” whether CIA interrogators unlawfully tortured detainees in their custody, Holder announced on Thursday afternoon that he’ll pursue criminal investigations in precisely two out of 101 cases of suspected detainee abuse. Some of them turned out not to have involved CIA officials after all. Both of the cases that move on to a criminal phase involved the “death in custody” of detainees, Holder said.

But just because there’s a further criminal inquiry doesn’t necessarily mean there will be any charges brought against CIA officials involved in those deaths. If Holder’s decision on Thursday doesn’t actually end the Justice Department’s review of torture in CIA facilities, it brings it awfully close, as outgoing CIA Director Leon Panetta noted.

“On this, my last day as Director, I welcome the news that the broader inquiries are behind us,” Panetta wrote to the CIA staff on Thursday. “We are now finally about to close this chapter of our Agency’s history.”