As
Democratic and Republican leaders alike pile on to demand Alberto
Gonzales' resignation, only George W. Bush is singing his praises.
Deputy press secretary Dana Perino said Bush was happy with Gonzales'
testimony. "The attorney general continues to have the president's full
confidence," she said.
It's not surprising that Bush would be pleased. Like
a good soldier, Gonzales, who claimed a faulty memory 70 times, was
careful not to incriminate his bosses.
Bush and Cheney hired Gonzales as attorney general
to carry out their plan to amass governmental power in the hands of the
Executive. They knew they could count on him.
Gonzales' bona fides were well-known to his bosses.
When he was counsel to Texas Governor George W. Bush from 1995 to 1997,
Gonzales provided his boss with "scant summaries" on capital punishment
cases that "repeatedly failed to apprise the governor of crucial
issues: ineffective counsel, conflict of interest, mitigating evidence,
even actual evidence of innocence," according to the Atlantic Monthly.
Gonzales prepared 57 such summaries, including one
regarding the case of Terry Washington, a mentally retarded man
executed for murdering a restaurant manager. The jury was never told
about his mental condition. Gonzales's three-page summary of the case
for Bush mentioned only that Washington 's defense counsel's 30-page
plea for clemency (which covered the mental competency issue) was
rejected by the Texas parole board. Bush refused to stay executions in
56 of the 57 cases in which Gonzales wrote abbreviated memos.
The attorney general was central to the
Bush-Cheney-Yoo illegal domestic surveillance program. When he
testified before the Senate Judiciary Committee after the New York
Times uncovered the secret spying program, attorney general Gonzales
walked in lockstep with his bosses. Gonzales would not tell the
senators whether Bush had authorized other secret programs. He refused
to say whether the government could wiretap purely domestic calls
without a warrant, or whether he had the authority to search the first
class mail of American citizens or to examine people's medical records.
When Republican Senator John Cornyn asked him whether law enforcement
could shoot down a plane with drugs, Gonzales said, "I'd have to think
about that."
At Gonzales' confirmation hearing for attorney
general, he said he wasn't sure whether torturing prisoners could be
lawful. The former Texas Supreme Court justice surely knew the terms of
the Convention Against Torture, a treaty ratified by the United States
and therefore part of the supreme law of the land under the Supremacy
Clause of the Constitution. The convention says, "No exceptional
circumstances whatsoever, whether a state of war or a threat of war,
internal political instability, or any other public emergency, may be
invoked as a justification for torture."
Yet, as White House counsel, Gonzales had advised
Bush that the Geneva Conventions, which mandate humane treatment for
all captives, were "quant" and "obsolete." Gonzales' advice facilitated
the torture of prisoners in Afghanistan , Iraq , Guantánamo and secret
CIA prisons around the world. Gonzales had evidently done his homework.
The Nazi lawyers at Nuremberg also advised their clients that the
Geneva Conventions were "quaint" and "obsolete."
Gonzales' confirmation testimony led the New York
Times to opine, "Mr. Bush had made the wrong choice when he rewarded
Mr. Gonzales for his loyalty," and the Washington Post to say, "The
message Mr. Gonzales left with senators was unmistakable: As attorney
general, he will seek no change in practices that have led to the
torture and killing of scores of detainees and to the blackening of
U.S. moral authority around the world." The Post concluded, "Those
senators who are able to reach clear conclusions about torture and
whether the United States should engage in it have reason for grave
reservations about Mr. Gonzales."
In 2005, Bush said, "Al Gonzales is a great friend
of mine. I'm the kind of person, when a friend gets attacked, I don't
like it." Eventually, however, Bush will have to unload Gonzales the
way he unloaded his friend Donald Rumsfeld. Loyal Republican senators
trying to paint Gonzales as incompetent don't want the finger to point
higher to the real culprits - Karl Rove, George W. Bush and Dick Cheney.
Marjorie Cohn is a professor at Thomas Jefferson
School of Law, president of the National Lawyers Guild, and the U.S.
representative to the executive committee of the American Association
of Jurists. Her new book, Cowboy Republic: Six Ways the Bush Gang Has
Defied the Law, will be published in July. See http://www.marjoriecohn.com/.
* Marjorie Cohn is a frequent contributor to Global Research.
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