Gonzales: The Fight Is On
by BRUCE SHAPIRO
[from the January 24, 2005 issue]
http://www.thenation.com/doc.mhtml?i=20050124&s=shapiro
It says something that the most vigorous opposition to Alberto Gonzales's
nomination for US Attorney General emanates from recently retired military
officers, not the civil rights lobby. It also says something that even as
the White House, through a new Justice Department memo, sought to defuse
Gonzales's record as the legal godfather of Abu Ghraib and waterboarding,
word leaked of an emerging Administration plan for lifetime internment of
terror suspects, without trial, in a worldwide network of US-built prisons.
This is the first Attorney General nomination of global consequence, a
dimension to which Washington only slowly awakened as Gonzales headed into
his testimony before the Senate Judiciary Committee.
From the day he was named by President Bush, Gonzales posed a dilemma for
Democrats and civil rights organizations: Is this nominee worth fighting?
Conventional wisdom counseled caution: As the first Latino AG nominee, he
has a compelling personal history; he would secure easy confirmation from
the Republican Senate; and besides, Gonzales is ABA--Anybody But Ashcroft.
Democrats (notably New York's Chuck Schumer) immediately signaled their
likely acquiescence. For weeks, most leading civil rights groups, with the
exception of the defiant Center for Constitutional Rights, limited
themselves to toothless calls for "vigorous scrutiny." The best liberals
could hope for, went the insiders' whispers, would be to "make a record"
that might inhibit a future Gonzales nomination to the Supreme Court.
On the eve of the Gonzales hearings, a different dynamic began to emerge.
First the Justice Department published a memo "superseding" the elaborate
justification for torture Gonzales himself had commissioned from the Office
of Legal Counsel's Jay Bybee: a new memo so patently timed to the hearings
that it only made questions for the nominee more compelling, especially
since the White House continued to withhold crucial documents detailing
Gonzales's role in the torture scandal. Notable, too, was the new memo's
overt evasion of the original Bybee document's assertion of unreviewable
presidential authority to classify prisoners outside the protections of the
Geneva Conventions and torture laws.
Then the intervention of a dozen retired high-ranking military
officers--some of them lifelong Republicans--made it clear that this is no
ordinary confirmation fight. No domestic Cabinet nominee has ever been
charged by generals with having "fostered greater animosity toward the
United States, undermined our intelligence gathering efforts and added to
the risks facing our troops around the world." These career officers--who
take their oaths to the Constitution, not George Bush--believe that
Gonzales's legal tactics are wrecking years of post-Vietnam efforts to
prevent contemporary My Lais.
It's one thing for the ACLU to criticize Gonzales, quite another when he
gets denounced by the very military leadership Republicans have long claimed
to stand for. The officers' letter provided covering fire as People for the
American Way--until January in the "cautious scrutiny" camp--added its
full-throated opposition, and religious leaders began to speak up.
These retired officers (and Human Rights First, which sponsored their press
conference) remembered what Democratic pragmatists forgot in the despairing
weeks of November: For reasons ranging from ideology to personal
malfeasance, seemingly secure Cabinet confirmations can spin wildly out of
control when the heat is on--witness John Tower and Zoë Baird. And Gonzales
is not universally admired in the Senate Republican Caucus. Lindsey Graham
of South Carolina, formerly with the military's legal corps, remains
disgusted by Abu Ghraib and the chain of decisions that led to it. Just days
before Gonzales's hearing, Senator Richard Lugar blasted the new White House
internment-without-trial plan. (That plan, depending on the existence of
authoritarian allies to do our dirty work, suggests just how cynical is the
President's "democracy on the march" rhetoric.)
So the fight is joined. Gonzales, it is true, is not a fanatical religious
conservative or an orthodox strict constructionist. His record suggests
instead an enthusiastic apostle of the imperial executive. "Making a record"
in the event of his Supreme Court nomination is at best secondary: The far
more immediate danger is the record he will make as Attorney General, and
the record of defeatism Democrats will establish if they offer anything less
than principled opposition. With the Gonzales fight, the Senate--Democrats
and Republicans alike--directly confronts issues that have lurked in the
background in the Bush years: questions not just of human rights for
terrorism suspects worldwide but of a presidency absorbed in its own quest
for unrestrained power, both domestic and international.
http://www.thenation.com/docprint.mhtml?i=20050124&s=shapiro
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WE ARE GOING TO GET AN ATTORNEY GENERAL THAT SHOULD BE IN JAIL!!!
WHERE'S THE MILITIA WHEN YOU NEED THEM???/
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