[QUOTE=xtisme]
So…you think this is a good thing I expect? You think that strained relations between Europe and the US will…what? Perhaps end with a total break between the US and Europe? Maybe Europe will formally declare war…I bet THAT would get your noodle all springy! 
Out of curiosity…why go after these people as individuals? I mean, were they supposedly acting on their own…or under US orders? If the latter…wouldn’t it make better sense to go after the US in some way? Sanctions? Boycotts? Diplomatic Protest? Break off diplomatic relations (or threaten too)? Threaten to withdraw from NATO? Something? This seems a round about way to do things…more like, I don’t know, an attempt to score cheap political points maybe? To make a lot of noise and cause a lot of smoke and outrage…but really have no perceptive effect (except on these individuals…as if they are the only agents we have or something) on the core issue?
It just seems so…well, petty. Sure, THESE agents have been properly spanked (no more Euro vacations! Oh the agony!)…but its done, afaict, absolutely zip to address the actual PROBLEM (if indeed it is a problem)…namely the US dicking around extra-legally in Europe apparently.
Or am I missing something?
-XT
[/QUOTE]
…if you look at the whole issue as one of seperation of the state and the judiciary, the whole thing makes sense. An actual crime was committed: the alleged kidnapping of Osama Mustafa Hassan from the streets of Milan. From my reading of the story as it has been covered over the last few years, there is a good chance that possibly members of the Italian government were complicit in the crime. So who do the Police prosecute for the actual crime?
Obviously a Judge doesn’t have the power to enact sanctions against another government: **and if the Italian government offers gross indifference to a crime committed on its soil, **then the only option for the Judge in this case to take is to indict the people directly involved in the alleged kidnapping.
The next question you have to ask before a government starts sanctions, etc, is what proof do you actually have? I have citations in this thread I started nearly a year ago that show (well, used to show, one of the links is no longer active
) how the CIA agents were tracked down by Italian agents by tracing GPS elements in the CIA agents cellphones. So the Italians have direct evidence against the agents involved, but no evidence against the US government or the CIA.
(The citations also show how the alleged kidnapping of the Hassan allegedly damaged an already active Italian investigation, and also how the US allegedly lied to Italian authorities, telling them that Hassan had fled to the Balkans, when he actually was in US custody.)
So how do you prove US involvement when the United States denies involvement in the kidnapping? You go after the little guy. To be blunt, there is no other way to prove US involvement without getting one of these agents up on the stand and getting him to admit it: which is the process the Italian Judiciary are undertaking at the moment.