The Clipboard: Abu Ghraib, Patriot Act among issues Gonzales will need to explain

From an article¹:

But as the nominee for attorney general - the nation's chief law enforcement post - Gonzales will be asked to explain his record on at least five potentially controversial subjects.

Abu Ghraib

Early in the war on terrorism, the Defense Department announced plans to hold high-risk detainees from Afghanistan at a specially built prison in Guantanamo, Cuba. Placing prisoners outside the reach of any international laws or treaties, including the Geneva Conventions, was supported in a series of memos, some written by Gonzales.

That legal analysis sought to differentiate the treatment of soldiers from foreign countries from those of "stateless" terrorist networks. In a January 2002 memo, Gonzales wrote: "This new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions ... ."

Cited later in the investigations of prisoner abuse at the Abu Ghraib prison in Iraq, the memos were seen by some as having contributed to a climate that led to the mistreatment.

The Patriot Act

Several Justice Department authors of The Patriot Act - a post-Sept. 11 overhaul of law enforcement search, surveillance and detention procedures - have credited Gonzales for laboring hard during its refinement and passage.

Certain provisions of the act have been controversial, even among parts of the Republican majority. And because some provisions of the act will expire next year, Senate critics of the law will be interested in his attitude toward civil liberties.

Gonzales is a rigorous advocate for the privileges of a wartime presidency, telling members of the American Bar Association, for instance, that the president should decide as "a matter of prudence and policy" exactly how to strike a balance "between protecting our country and preserving our freedoms." He acknowledged that some would be "uncomfortable" with that.

Death penalty

During Bush's six years as governor, Texas executed a record number of death row inmates. As his chief legal counselor, Gonzales was responsible for the summaries of death penalty cases presented to the governor before each execution.

The substance of those summaries, which were meant to be confidential, have been analyzed and criticized as inadequate and incomplete in investigations that began with published reports last year in Atlantic Monthly magazine.

Bush arrest

In the waning days of the 2000 presidential election, it was revealed that Bush had been arrested on a charge of drunken-driving in 1976. As legal counsel to the governor, Gonzales was at the heart of a controversy that followed.

When the governor was called to jury duty in Austin in 1996, a jury questionnaire required him to list any arrests, on penalty of perjury. Bush left that portion of the form blank.

Bush subsequently was dismissed from jury duty, on a motion by the defendant's attorney, who cited the possibility that the defendant might later ask for a pardon. The defense lawyer later said that Gonzales had suggested making the motion.

Criminal investigations

Two Texas companies - Enron and Halliburton - continue to be under criminal investigation by the Justice Department. Until 1995, Gonzales worked for Vinson & Elkins, the law firm that represented both companies. As a Supreme Court justice in Texas, where the position is elective, he received campaign contributions from both. (link)

Well, Bush did it. He managed to find somebody even worse than Ashcroft. Not only have we not sacked anybody who's really accountable for Abu Ghuraib, but now Bush is promoting one of the men who was instrumental in justifying it in the first place. Does anybody even care what message this sends the rest of the world?

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Complete text of the article, Abu Ghraib, Patriot Act among issues Gonzales will need to explain, by Allen Pusey

When he presents himself at confirmation hearings before the Senate Judiciary Committee, White House Counsel Al Gonzales will be a familiar face.

As the administration's liaison for judicial appointments, Gonzales worked relentlessly - mostly behind the scenes - to clear the path for Republican judicial appointments. Moreover, he's been an aggressive advocate for the president in fights with some senators over issues of secrecy and executive privilege.

But as the nominee for attorney general - the nation's chief law enforcement post - Gonzales will be asked to explain his record on at least five potentially controversial subjects.

Abu Ghraib

Early in the war on terrorism, the Defense Department announced plans to hold high-risk detainees from Afghanistan at a specially built prison in Guantanamo, Cuba. Placing prisoners outside the reach of any international laws or treaties, including the Geneva Conventions, was supported in a series of memos, some written by Gonzales.

That legal analysis sought to differentiate the treatment of soldiers from foreign countries from those of "stateless" terrorist networks. In a January 2002 memo, Gonzales wrote: "This new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions ... ."

Cited later in the investigations of prisoner abuse at the Abu Ghraib prison in Iraq, the memos were seen by some as having contributed to a climate that led to the mistreatment.

The Patriot Act

Several Justice Department authors of The Patriot Act - a post-Sept. 11 overhaul of law enforcement search, surveillance and detention procedures - have credited Gonzales for laboring hard during its refinement and passage.

Certain provisions of the act have been controversial, even among parts of the Republican majority. And because some provisions of the act will expire next year, Senate critics of the law will be interested in his attitude toward civil liberties.

Gonzales is a rigorous advocate for the privileges of a wartime presidency, telling members of the American Bar Association, for instance, that the president should decide as "a matter of prudence and policy" exactly how to strike a balance "between protecting our country and preserving our freedoms." He acknowledged that some would be "uncomfortable" with that.

Death penalty

During Bush's six years as governor, Texas executed a record number of death row inmates. As his chief legal counselor, Gonzales was responsible for the summaries of death penalty cases presented to the governor before each execution.

The substance of those summaries, which were meant to be confidential, have been analyzed and criticized as inadequate and incomplete in investigations that began with published reports last year in Atlantic Monthly magazine.

Bush arrest

In the waning days of the 2000 presidential election, it was revealed that Bush had been arrested on a charge of drunken-driving in 1976. As legal counsel to the governor, Gonzales was at the heart of a controversy that followed.

When the governor was called to jury duty in Austin in 1996, a jury questionnaire required him to list any arrests, on penalty of perjury. Bush left that portion of the form blank.

Bush subsequently was dismissed from jury duty, on a motion by the defendant's attorney, who cited the possibility that the defendant might later ask for a pardon. The defense lawyer later said that Gonzales had suggested making the motion.

Criminal investigations

Two Texas companies - Enron and Halliburton - continue to be under criminal investigation by the Justice Department. Until 1995, Gonzales worked for Vinson & Elkins, the law firm that represented both companies. As a Supreme Court justice in Texas, where the position is elective, he received campaign contributions from both.

Also, Gonzales has testified in an ongoing grand jury investigation into the illegal disclosure of the identity of a CIA operative.


reference=http://www.kentucky.com/mld/kentucky/news/politics/10148745.htm