If We Lived in a Just World...

Spanish prosecutors are likely to recommend a full investigation be conducted to determine if six former Bush administration officials--including ex-Attorney General Alberto Gonzales--ought to be indicted for having sanctioned torture at Guantanamo.

[...]

This could become a true headache for the White House--a high-profile case in which Spanish prosecutors bring charges against Gonzales; Douglas Feith, former undersecretary of defense; David Addington, former counsel to Vice President Dick Cheney; William Haynes, a former Pentagon lawyer; and John Yoo and Jay Bybee, two former Justice Department officials. Several steps must occur before any prosecution proceeds. If the prosecutors determine a full criminal investigation is warranted--as is expected--it will be up to a Spanish judge to open a full-fledged inquiry that could produce indictments. He could decide not to accept the recommendation. And, of course, it's possible that an investigation could end without indictments. The Spanish hook for the case is a simple one: Five Guantanamo detainees were either Spanish citizens or residents. And, by the way, Spanish courts claim jurisdiction that extends to other nations when it comes to torture and war crimes.

[...]

What would the Obama administration do, if the Spanish judge currently overseeing the Bush Six case, Baltasar Garzon (who is famous for pursuing terrorists and for having chased after Chilean dictator Augusto Pinochet), greenlights the investigation?

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If an investigation proceeds, Obama could well have to decide whether or not to comply with Spanish requests for US government documents--that is, to help or hinder the investigation. Later in the process, Obama could even conceivably have to contend with extradition requests.

  Mother Jones

[T] he Spanish "advised the Americans that they would suspend their investigation if at any point the United States were to undertake an investigation of its own into these matters." As White points out, that is how war crimes investigations are intended to proceed under numerous treaty provisions by which the U.S. has bound itself: namely, the country whose officials commit the crimes have the primary obligation to investigate and hold the criminals accountable. But other treaty signatories are not only entitled, but required, to commence such proceedings if the violating country refuses or otherwise fails to do so.

  Glenn Greenwald

Congress may be forced to open an investigation, which they can use to completely exonerate our war criminals.

And so it goes.

....but hey, do what you want....you will anyway.