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"The whole world was watching our Senate debate the
Gonzales appointment to determine whether American politicians would hold
torture's advocate accountable, or choose instead to reward torture's advocate with
a higher office. Now they have their answer:"
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The Senate Has Confirmed Alberto Gonzales As Our Next US Attorney
General: Did Anyone Have Enough Conscience And Courage To Oppose Him?
Posted February 7, 2005 thepeoplesvoice.org
By:
Evan Augustine Peterson lll, J.D.
If you see wicked men perverting justice, do not say: 'Since they are many, I must follow after them'." -Rashi, 1040-1105, Commentaries On The
Pentateuch.
After three consecutive days of sharply-divided floor debate, the Senate
finally confirmed Alberto Gonzales as our next US Attorney General by a vote of
60-36. Although several media pundits predicted that the Senate's 44 Democrats
would capitulate under pressure from its 55 Republicans, this cave-in never
happened.
At the end of the day, six turncoat Democrats did vote WITH the Republicans
to confirm Mr. Gonzales (see their infamous names in Appendix B below ).
However, 35 Democrats and one Independent voted AGAINST this terrible appointment
(see Appendix A below). Perhaps the worst act of betrayal came when
Democrat-in-name-only Joseph Lieberman (CT) chose to quote a Biblical passage about
doing justice, but then perversely ignored Mr. Gonzales' recent complicity in
grave injustices, while advocating his confirmation.
Nevetheless, the floor debate was dominated by compelling arguments from
principled Democratic speakers (e.g., see numbers 1 and 5 in Appendix C below),
who quite rightly opposed Mr. Gonzales' confirmation on the following grounds:
(1) he has a history of dispensing erroneous legal advice that lacks respect
for human rights, civil rights, constitutional law, international law, and the
rule of law;
(2) he lacks independent judgement and is habitually subservient to Mr.
Bush's agenda;
(3) he has unethically refused to recuse himself from the DOJ's ongoing
investigation of Enron Corporation, despite the fact that he was legal counsel for
Enron in Houston;
(4) he advocates a vastly expanded "commander-in-chief authority" during
times of conflict which would unconstitutionally grant the president "above the
law" dictatorial powers to override both domestic and international law;
(5) he first commissioned, and then signed off on, memos from his shyster
colleagues, through which they attempted to circumvent well-established
anti-torture laws and to justify brutal pre-interrogation and interrogation tactics,
when anyone with a scintilla of common sense would have known that their
legally-meritless arguments and implausible definitions were merely euphemistic
fig-leafs to cover illegal torture tactics; and
(6) he failed to use his considerable power as White House Counsel to prevent
the Bush administration from "unofficially" adopting the blatantly-illegal
policies -- like "coercive Interrogations," "ghost detainees," and
"extraordinary renditions" -- that laid the groundwork for the USA's appalling human-rights
violations at Abu Ghraib and elsewhere.
Contrastingly, no Republican Senator possessed enough conscience and courage
to break away from their party's slavish rubber-stamping of Mr. Bush's every
wish. Despite overwhelming opposition to this appointment from the American
people and the US media (see Appendix C below), Republican speakers like
Senators Orrin Hatch (R-UT) and Arlen Specter (R-PA) ignored not only their
constituents but also the facts. Indeed, the Republican speakers added insult to
injury by blithely ignoring their opponents' factual arguments and resorting
instead to shameless bully-boy intimidation tactics, like playing the race card by
falsely claiming that opposition to Gonzales was either "frivolous" or
"racist"!
Overarching Conclusions: The whole world was watching our Senate debate the
Gonzales appointment to determine whether American politicians would hold
torture's advocate accountable, or choose instead to reward torture's advocate with
a higher office. Now they have their answer: (1) 98% -- or 54 out of 55 --
of the Republican Senators cried crocodile tears when the Abu Ghraib torture
scandal became public knowledge, but then showed us their
disgustingly-hypocritical nature by voting "Yes -- let's reward torture's advocate with the US
Attorney General's office!"; (2) but 80% --or 35 out of 44 -- of the Democratic
Senators had enough principled respect for universal human rights to vote "No --
we cannot in good conscience reward torture's advocate with this important
higher office!"
The Bottom Line: The 36 steadfast Senators should be commended for their
principled integrity, but the increasingly-fascistic Republicans and the six
defectors should be ashamed of themselves for -- among other things -- their
perverse rubber-stamping of these terrible decisions by Mr. Bush: (A) to reward
former Deputy Attorney General Jay Bybee -- whom Mr. Gonzales assigned to write
the infamous "torture memo" in August of 2002 -- with a lifetime position on the
US Court of Appeals for the Ninth Circuit; and (B) to then reward former
White House Counsel Alberto Gonzales with the nation's top law-enforcement
position -- which insiders regard as Mr. Bush's strategic prelude to nominating
Gonzales for a lifetime position on the US Supreme Court!
APPENDICES A-C
A. 6 Dem Senators Voted With Reps To Confirm Alberto Gonzales As USAG
1. Mary Landrieu (D-LA)
2. Joseph Lieberman (D-CT)
3. Ben Nelson (D-NE)
4. Bill Nelson (D-FL)
5. Mark Pryor (D-AR)
6. Ken Salazar (D-CO)
B. 36 Senators Voted AGAINST Confirming Alberto Gonzales As USAG
1. Daniel Akaka (D-HI)
2. Evan Bayh (D-IN)
3. Joseph Biden (D-DE)
4. Jeff Bingaman (D-NM)
5. Barbara Boxer (D-CA)
6. Robert Byrd (D-WVA)
7. Maria Cantwell (D-WA)
8. Thomas Carper (D-DE)
9. Hillary Clinton (D-NY)
10. Jon Corzine (D-NJ)
11. Mark Dayton (D-MN)
12. Christopher Dodd (D-CT)
13. Byron Dorgan (D-ND)
14. Richard Durbin (D-IL)
15. Russell Feingold (D-WI)
16. Dianne Feinstein (D-CA)
17. Tom Harkin (D-IA)
18. James Jeffords (I-VT)
19. Tim Johnson (D-SD)
20. Ted Kennedy (D-MA)
21. John Kerry (D-MA)
22. Herbert Kohl (D-WI)
23. Frank Lautenberg (D-NJ)
24. Patrick Leahy (D-VT)
25. Carl Levin (D-MI)
26. Blanche Lincoln (D-AR)
27. Barbara Mikulski (D-MD)
28. Patty Murray (D-WA)
29. Barack Obama (D-IL)
30. Jack Reed (D-RI)
31. Harry Reid (D-NV)
32. John Rockefeller (D-WVA)
33. Paul Sarbanes (D-MD)
34. Charles Schumer (D-NY)
35. Debbie Stabenow (D-MI)
36. Ron Wyden (D-OR)
C. 40 Recent Articles OPPOSING Alberto Gonzales As US Attorney General
1. Senator Robert Byrd's 2-2-05 CD essay, "Respecting The Spirit And Letter
Of The Law: On The Nomination Of Alberto Gonzales To Be Attorney General Of The
United States" [a transcript of his Senate speech]: http://www.commondreams.org
/views05/0202-32.htm
2. John Nichols' 2-2-05 TN essay, "Rebuke Gonzales And Torture": http://www.thenation.com/thebeat/
index.mhtml?bid=1&pid=2167
3. Center for Constitutional Rights' 2-2-05 WWE article, "Confirmation Of
Gonzales' Role In Abu Ghraib Torture": http://www.itszone.co.uk/zone0/view
topic.php?t=27994&sid=1401258
e21a2d15e44b06184e4675361
4. Robert Collier's 2-2-05 CD/SFC article, "Gonzales OK Could Be Seen As OK
For Torture Rules": http://www.commondreams
.org/headlines05/0202-01.htm
5. Senator Edward Kennedy's 2-1-05 TMT essay, "Kennedy Makes Case Against
Gonzales" [a transcript of his Senate speech]: http://www.themoderntribune.com/kennedy
_makes_case_against_gonzales.htm
6. Joshua Dratel's 2-1-05 CD essay, "The Road to Abu Ghraib: The Legal
Narrative": http://www.commondreams.org
/views05/0201-22.htm
7. The Interfaith Alliance's 2-2-05 CD/TIA press release, "Send Gonzales
Nomination Back To Committee: Policies Allowing Torture Violate Moral Values,
Human Rights": http://www.commondreams.org
/news2005/0201-03.htm
8. Sojourners' 1-31-05 Sojo.net editorial, "What's At Stake: Oppose the
Confirmation of Alberto Gonzales": http://go.sojo.net/campaign/
reject_gonzales/explanation
9. UV Professor Huck Gutman's 1-26-05 CD essay, "Speedy Gonzales And The
Rule Of Law": http://www.commondreams.org
/views05/0126-36.htm
10. New York Times' 1-26-05 NYT editorial, "The Wrong Attorney
General":
http://www.nytimes.com/2005/01/26/opinion/26w
ed1.html?ex=1107579600&en=6d9a67c35e34
842c&ei=5070&oref=login
11. The Capital Times' 1-26-05 CD/CT editorial, "The Gonzales Nomination:
Feingold's Key Vote": http://www.commondreams.org
/views05/0127-34.htm
12. Human Rights Watch's 1-26-05 CD article, "US Justifying Abuse Of
Detainees [Through Torture Advocate Alberto Gonzales]": http://www.commondreams.org
/news2005/0126-05.htm
13. Frank Davies' 1-26-05 CD/KR article, "Torture Treaty Doesn't Bar
'Cruel, Inhuman' Tactics, Gonzales Says": http://www.commondreams.org
/headlines05/0126-06.htm
14. Daily Kos' 1-25-05 DK editorial, "No On Gonzales," at: http://www.dailykos.com/story
/2005/1/25/15437/3930
15. The Capital Times' 1-25-05 CD/CT editorial, "Feingold Should
Rethink": http://www.commondreams.org
/views05/0124-24.htm
16. Jonathan Schell's 1-20-05 CD essay, "What Is Wrong With Torture": http://www.commondreams.org
/views05/0120-25.htm
17. Eric Mink's 1-12-05 St. Louis Post-Dispatch essay, "War On Terror:
Grabbing Power, Losing Respect": http://www.stltoday.com/stltoday/news/colu
mnists.nsf/ericmink/story/2DC297C42BB5
54FB86256F8700380EC8?OpenDocument
18. Thom Hartmann's 1-11-05 CD essay, "First They Came For The
Terrorists": http://www.commondreams.org
/views05/0110-33.htm
19. Ted Rall's 1-12-05 CD/TR essay, "The Normalization Of Horror: American
Become Permanent": http://www.commondreams.org
/views05/0112-35.htm
20. Marie Cocco's 1-12-05 CD/Newsday essay, "Democrats' Fury And Values Go
AWOL": http://www.commondreams.org
/views05/0111-27.htm
21. D. Lindley Young's 1-10-05 TMT essay, "Above The Law Or Outside It: The
Legal Limits Of Torture": http://www.themoderntribune.com/gonzalez
_bush_u_s_policy_on_torture.htm
22. Andrew Sullivan's 1-9-05 TO essay, "Bush's New Sheriff Reveals A Double
Standard for Torture": http://www.timesonline.co.uk/article/
0,,2088-1431300_1,00.html
23. Dick Meyer's 1-8-05 CD essay, "Senate Democrats: Advise & Rubber
Stamp": http://www.commondreams.org
/views05/0108-23.htm
24. Minneapolis Star-Tribune's 1-7-05 CD editorial, "Alberto Gonzales Has
Blood On His Hands": http://www.commondreams.org
/views05/0106-22.htm
25. New York Times' 1-7-05 NYT editorial, "Mr. Gonzales Speaks": http://www.nytimes.com/2005/01/07
/opinion/07fri1.html?th
26. Bob Herbert's 1-7-05 NYT essay, "Promoting Torture's Promoter": http://www.nytimes.com/2005/01/07
/opinion/07herbert.html?th
27. FP Law School Dean & Admiral John Hutton's (USN-Ret.) 1-6-05 Jurist
essay, "Against Gonzales": http://jurist.law.pitt.edu/forumy/
2005/01/against-gonzales.php Also see Yale Law Dean Harold Koh's 1-6-05
"Testimony To The SJC" (download it at this URL): http://www.law.yale.edu/outside/html
/Public_Affairs/551/yls_article.htm
28. Former CIA Analyst Ray McGovern's 1-6-05 CD essay, "It's Not Only
Illegal, It's Wrong": http://www.commondreams.org
/views05/0106-32.htm
29. FC Law Professor Brian Foley's 1-6-05 CP essay, "Supporting Torture Is
Not Gonzales' Worst Sin: A Contempt for Civil Rights": http://www.counterpunch.com
/foley01062005.html
30. Jim Lobe's 1-5-05 CD article, "50 Civil Rights Groups Express Concerns
About Alberto Gonzales' Civil Rights Record": http://www.commondreams.org
/headlines05/0106-03.htm
31. Evan Augustine Peterson III's 1-5-05 VH essay, "Unfinished Business:
Confirming Bush's USAG Appointee Is Unthinkable": http://www.vheadline.com
/readnews.asp?id=24173
32. The Nation's 1-5-05 TN essay, "Oppose The Gonzales Nomination": http://www.thenation.com
/blogs/actnow?bid=4&pid=2101
33. Robert Scheer's 1-5-05 CD/LAT essay, "Backing Gonzales is Backing
Torture": http://www.commondreams.org
/views05/0104-26.htm
34. Ron Daniels' 1-5-05 ZN essay, "Oppose the Nomination of Alberto
Gonzales": http://www.zmag.org/content/showarticle
.cfm?SectionIC=43&ItemID=6962
35. Maria Blanco's 1-2-05 SFC essay, "Not In My Name: Latino Appointee Does
Not Appeal":
http://www.sfgate.com/cgi-bin/article.cgi?file=/c
hronicle/archive/2005/01/02/INGORAIISP1.DTL
36. Daily Kos' 12-28-04 essay, "Why We Must Oppose Alberto Gonzales For
AG": http://www.dailykos.com/story
/2004/12/30/1346/1697
37. Nat Hentoff's 12-3-04 TO/VV essay, "Alberto Gonzales, Torture &
Death": http://www.truthout.org/
docs_04/120804B.shtml
38. Evan Augustine Peterson III's 11-30-04 NFNZ essay, "Why The USA Must
Reject Bush's 'Marquis De Sade' Nominee For Attorney General": http://nuclearfree.lynx.co.nz/gonzales.htm
39. UIUC Law Professor Francis Boyle's 11-18-04 CP essay, "War Criminal For
Attorney General?": http://www.counterpunch.org/boyle
11182004.html Also see the related "Nüremberg Principles" --
and especially Principle VII: http://deoxy.org/wc/wc-nurem.htm
40. Bernard Weiner's 6-15-04 CP essay, "No Other Way To Say This: Torture
Memos Reveal Fascist Mentality": http://www.crisispapers.org/essays/fascist.htm
Again, thanks very much to everyone who made those calls and sent those e-mails
to US Senators in response to Action Alerts!
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©2005EAPIII Author: Evan Augustine Peterson III,
J.D., is the Executive Director of the American Center for International Law
("ACIL"). EvPeters8@aol.com
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