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WAR CRIMINAL
FOR US ATTORNEY-GENERAL?
Comment by Larry Ross, January
6, 2005
I didn't get this excellent article until
Jan 6th, so it's too late to lobby US senators who are due to discuss
confirming him as US Attorney-General on the 6th. However it is still
urgent that people know this excellent information that Evan has sent
us. People can still lodge their opposition to Gonzales, with Senators
and others. Even more important, is that it is an indication to people
about the real Bush, and that the domestic legal machinery to authorise
torture emanated from Bush himself. US tortures come from the top. That
is is no surprise. There are many other reports that Bush and his neocons
are using torture as part of their plan to create more hatred of the US,
leading to more resistance, which they can call "terrorism".
That helps them create another phoney reason to stay and increase their
military aggression in Iraq, blame others for "the increase in terrorism",
and carry the war to other countries. Perhaps the horrific Tsunami tragedy,
will cause them to postpone their timetable for a few months.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Unfinished Business:
Confirming Bush's Appointee is Unthinkable
Because Confirming Gonzales Is Confirming Torture
By Evan
Augustine Peterson III, J.D., January 6, 2005
Readers might recall that White House Counsel Alberto Gonzales wrote an
infamous "torture memo," dated 25 January 2002, in which he
erroneously advised President Bush that he could:
- use his "commander-in-chief authority"
to
override the "quaint and obsolete" Geneva Conventions, the
UN Convention Against Torture, and the US War Crimes Act, during his
so-called "War on Terror"; and
- authorize the use of interrogation methods
which are tantamount to torture on prisoners held in Guantanamo Bay
and other US military prisons.
Mr. Gonzales' legal opinion was meritless but highly consequential, for
it ultimately lead to the US military's scandalous use of torture tactics
on war prisoners and detainees -- including at least 40 who were tortured
to death -- at Abu Ghraib and other prisons. Now the entire world regards
Alberto Gonzales as complicit in these war crimes.
Mr. Bush is currently attempting to "define failure up" by elevating
torture's advocate, Alberto Gonzales, to the nation's top law-enforcement
position -- or, as one professor of international law put it, "War
Criminal For Attorney General?" [1] Now the moment of truth has arrived.
On Thursday, 1-6-05, the Senate Judiciary Committee will commence its
hearing to determine whether Mr. Gonzales should be confirmed as our next
Attorney General. [2]
What are Mr. Gonzales' chances for confirmation? Back in November of 2004,
it looked like he might be confirmed without serious Democratic opposition.
[3] However, new questions about the torture memos threaten Gonzales'
nomination. [4] Moreover, media pundits are correctly opining that "backing
Gonzales is backing torture." [5] Furthermore, journalists are reporting
that the USA has continued its use of torture, the Bushites' vaguely-worded
12-30-04 disavowal notwithstanding. [6] And four professional groups --
including more than 500 religious leaders, prominent attorneys and legal
scholars, generals, and military lawyers -- have released open letters
in opposition to the appointment of Alberto Gonzales. [7]
However, Mr. Bush and his Republican leaders are exerting enormous political
pressure to confirm Gonzales. Therefore, Senator Arlen Specter (R-PA)
-- who is presiding over this Judiciary Committee hearing -- almost certainly
will ramrod the Gonzales confirmation through unless the Democrats present
steadfast opposition. Which raises this question: "Is there bipartisan
Congressional support FOR torture?" The Democratic answer should
be: "No, we do NOT support torture!" And there are signs that
the Committee's ranking Democrat, Senator Patrick Leahy of Vermont, is
willing to lead his colleagues in vigorous opposition to Gonzales. [8]
To do so effectively, he will need a groundswell of public support for
his position -- including yours, starting today!
The Bottom Line: Time Is Of The Essence! Realistically, the outcome of
the Gonzales hearings will hinge upon the amount of pressure that we,
the people, are personally willing to exert on the Judiciary Committee
by telephoning, faxing, and emailing its members today:
A. Senator Patrick Leahy (D-VT) at phone
number 202-224-4242 and e-mail address
Senator_Leahy@leahy.senate.gov
B. Senator Arlen Specter (R-PA) at phone number 202-224-4254 and fax
number 202-228-1229.
C. The other Democratic and Republican Senators on the Judiciary Committee.
[9]
Of course, you should cogently and concisely
urge these Senators to "steadfastly OPPOSE the appointment
Alberto Gonzales as our next Attorney General!" [10] |
ENDNOTES
[1] UIUC Law Prof. Francis Boyle's 11-18-04
CP essay, "The Dems Are Caving On Gonzales: War Criminal For Attorney
General?," at: http://www.counterpunch.org/boyle11182004.html
[2] Read the Senate Judiciary Committee's announcement of the Gonzales
hearing at: http://judiciary.senate.gov/hearing.cfm?id=1345
[3] For five good reasons why Mr. Gonzales shouldn't be our next AG, see
Evan Augustine Peterson III's 11-30-04 NFNZ essay, "Why The USA Must
Reject Bush's Evil 'Marquis De Sade' Appointee For Attorney General,"
at: http://www.nuclearfree.org.nz/gonzales.htm
[4] Read this 1-5-05 CHB article, "Questions About Torture Memos
Threaten Gonzales' Nomination," at:
http://www.capitolhillblue.com/artman/publish/article_5954.shtml
[5] Robert Scheer's 1-5-05 CD/LAT essay, "Backing Gonzales Is Backing
Torture," at: http://www.commondreams.org/views05/0104-26.htm
Also see Jamie Mayerfield and Darius Rejali's 12-17-04 CD/ST essay, "Nation
Doesn't Need An AG Who Cleared Way For Torture," at: http://www.commondreams.org/views04/1217-23.htm
[6] Read Helen Thomas' 12-28-04 CD essay, "The Buck Never Stops At
The Top,"
at: http://www.commondreams.org/views04/1228-27.htm
Also see the 1-3-05 TP action site, "Nothing Quaint About It,"
to download the DOJ's eleventh-hour backpedaling via its 12-30-04 disavowal
of the "Torture Memos," at: http://tompaine.com/action/#003223
[7] A. Religious Leaders. Read "The Question Of Torture: An Open
Letter To Alberto Gonzales," a 12-23-04 ICH article, at: http://www.informationclearinghouse.info/article7593.htm
B. Lawyers. Download the 1-4-05 "Lawyers' Statement On The Nomination
Of Alberto Gonzales" (it's underneath the 1-4-05 AFJ article, "Gonzales
Report And Lawyers' Letter Raise Concerns"), at:
http://www.allianceforjustice.org/hot_topic/collection/gonzalesnom1104.html
C. Generals. Download their "Open Letter To The Senate Judiciary
Committee On The Appointment Of Alberto Gonzales" (you'll find the
click-on link in the 1-4-05 TP action site, "Not So Obsolete"),
at: http://tompaine.com/action/#003223
D. Military Lawyers. Read Neil Lewis' NYT 12-16-04 article, "Ex-Military
Lawyers Object To Bush Cabinet Nominee," at: http://www.allianceforjustice.org/news_and_press/in_the_news_collection/collection/nytgonzales.html
[8] See the last section in James Rowley's 1-3-04 Bloomberg.net article,
"Former Military Leaders Challenge Gonzales Nomination," at:
http://www.bloomberg.com/apps/news?pid=71000001&refer=top_world_news&sid=a7nN9G6jWI0M
[9] You can find the Senate Judiciary Committee's membership at: http://judiciary.senate.gov/members.cfm
[10] If the American people do nothing, we'll
have the postmodern equivalent of the Spanish Inquisition's Torquemada
as our next Attorney General -- someone who approves of torture and lifetime
detentions without due process, as per this 1-2-05 CD/Reuters article,
"US Said To Mull Lifetime Terror-Suspect Detentions," at: http://www.commondreams.org/headlines05/0102-01.htm
Read these and imagine what measures an AG Gonzales would implement domestically
to "protect our nation" after another major terrorist attack:
A. 1-2-05 CD/LAT article, "Plan To Keep Detainees In Jail For Life
Criticized By Senators," at: http://www.commondreams.org/headlines05/0103-20.htm
B. Mike Whitney's 1-4-05 CP essay, "Injustice As State Policy: The
Guantanamo Gulag," at: http://www.counterpunch.org/whitney01032005.html
C. Elaine Cassell's 1-4-05 CP essay, "They Say They Can Lock You
Up For Life Without A Trial: Charged With No Crime, Implicated In No Wrongdoing,"
at: http://www.counterpunch.org/cassel01042005.html
About The Author: Evan Augustine Peterson III, J.D.,
is the Executive Director of the
American Center for International Law ("ACIL").
©2005EAPIII
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