http://www.time.com/time/world/article/0,8599,1888572,00.htmlWill a Spanish Judge Bring Bush-Era Figures to Justice? Spanish judge Baltasar GarzónChile's Pinochet. Argentina's Scilingo. Guatemala's Rios Montt. To the roster of international figures whom Spanish investigative judge Baltasar Garzón has sought to bring to justice, the name of Gonzales may soon be added. As in: Alberto Gonzales, former U.S. attorney general and one of the legal minds behind the Bush administration's justification for the use of torture at Guantánamo.
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For Gonzalo Boye, one of the lawyers who filed this latest complaint, the legal cover that Gonzales, Yoo, and other possible defendants provided for waterboarding and other abuses at Guantánamo, warrants the international investigation. "Bush made a political decision, based on the advice he was getting from his judicial advisors," says Boye. "And what his advisers were telling him to do is a very serious crime."
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That's not to say, however, that there won't be an impact should the case go forward. Several human rights organizations in the United States are said to be preparing their own charges against the authors and signatories of the so-called "Torture Memos," and their cases may be strengthened by the mere fact a Spanish investigation has begun. "It's ironic that we sometimes have to use international courts to encourage national ones to take action, but that's the way it works," says Bernabeu. "And having a national court take action can be a way of stopping things from happening elsewhere in the world." (Read: "The Bush Administration's Most Despicable Act")
Furthermore, if Garzón does subpoena the lawyers, and they fail to appear in his court, he will then likely issue an international arrest warrant for each, just as he did for Pinochet, who was subsequently taken into custody while convalescing after back surgery in Britain. "If I were these fellows, I'd be very careful about where I traveled," notes Professor Goldman.But attorney Boye believes the legal complaint will have far more than symbolic effect. Asked whether he expected to see Gonzales or others in a Spanish court or an American one, he replied, "I expect to see them in court, full stop.
You know why? Because I believe in the American system of justice."