Retired Military Leaders to Call on Senate to Scrutinize Gonzales' Role in Setting the Stage for Torture

1/3/2005 8:00:00 AM

Contact: Tioka Tokedira, 212-845-5246 or 609-206-8852 or TokediraT@humanrightsfirst.org or Sean Crowley, 202-478-6128 (w) or 202-550-6524 ©, or scrowley@mrss.com or Web: http://www.HumanRightsFirst.org

News Advisory:

Human Rights First Outlines Gonzales' Role in Setting Improper Detention and Interrogation Policy

What: Press Briefing -- IN PERSON OR BY TELECONFERENCE.

Retired Admirals and Generals will release a letter to the Senate Judiciary Committee that urges Members to closely examine Attorney General nominee Alberto Gonzales' role in setting U.S. policy on torture. Specifically, the Admirals and Generals express concern about Gonzales' recommendation that the Geneva Conventions not be applied to the conflict in Afghanistan.

Who:

-- General Joseph Hoar (Ret. USMC), the former Commander of U.S. Central Command, led the efforts to enforce the naval embargo in the Red Sea and the Persian Gulf and the no-fly zone in the south of Iraq after the first Gulf War. He was the Deputy for Operations for the Marine Corps during the Gulf War and served as General Norman Schwarzkopf's Chief of Staff at Central Command.

-- General James Cullen (Ret. USA), a retired Brigadier General in the United States Army Reserve Judge Advocate General's Corps who last served as the Chief Judge (IMA) of the U.S. Army Court of Criminal Appeals.

-- Elisa Massimino, Washington Director, Human Rights First (formerly the Lawyers Committee for Human Rights). Massimino is a human rights legal expert and Human Rights First's chief advocacy strategist.

Where: National Press Club, 529 14th St., NW, 13th Floor, Zenger Room. ** OR ATTEND BY TELEPHONE. Call: 800-213-8536. Ask for the "Gonzales Nomination" press conference.

When: Tuesday, Jan. 4, 2005 -- 10 a.m. EST A light breakfast will be served.

Details: The press briefing will discuss issues surrounding the confirmation hearings for Attorney General nominee Alberto Gonzales, which will begin Jan. 6.

For the past quarter century, Human Rights First (formerly the Lawyers Committee for Human Rights) has worked in the United States and abroad to create a secure and humane world by advancing justice, human dignity and respect for the rule of law. It supports human rights activists who fight for basic freedoms and peaceful change at the local level; protects refugees in flight from persecution and repression; helps build a strong international system of justice and accountability; and makes sure human rights laws and principles are enforced in the United States and abroad.

http://www.usnewswire.com/

More Than 225 Religious Leaders to Release Open Letter to AG Nominee Gonzales Urging Rejection of Torture Under Any Circumstances

1/3/2005 10:28:00 AM


Contact: Tyler Prell or Crystal Streuber, 202-518-8047, both of The Hauser Group

News Advisory:

Tomorrow a group of more than 225 religious leaders will release an open letter to US Attorney General Nominee Alberto Gonzales calling on him to denounce the use of torture under any circumstances and to embrace and advance standards of international law and honor the dignity of all God's creation.

Organized by Church Folks for a Better America, the diverse list of signatories to the letter includes Catholic, Protestant, Jewish, Muslim and Sikh leaders from across the United States. The Open Letter and full list of signatories is available at http://www.cfba.info.

WHAT: Conference Call to Discuss Objections Raised by More Than 225 Religious Leaders in Open Letter to AG Nominee Gonzales

WHO:

-- Dr. George Hunsinger, Princeton Theological Seminary

-- Dr. C. Rene Padilla, General Secretary for Latin America, IFES

-- Rabbi Arthur Waskow, The Shalom Center

Other notable religious leaders may be joining the call

WHEN: Tuesday, Jan. 4 at 2 p.m.

Please contact Tyler Prell or Crystal Streuber via email or at 202-518-8047 for conference call dial-in information.

http://www.usnewswire.com/

http://www.law.com/jsp/article.jsp?id=1104759337315

Torture Memo Controversy builds Prior to Gonzales Hearings

http://www.law.com/servlet/ContentServer?p...24&t=LawArticle

Gonzales to Face Hard Questions as Attorney General Nominee

http://www.law.com/servlet/ContentServer?p...01&t=LawArticle

Bush team Preps AG Nominee for Face-Off

Why are they so keen to get this S.O.B. confirmed? This should be a wake up call to mobilise!

Retired Military Leaders to Call on Senate to Scrutinize Gonzales' Role in Setting the Stage for Torture

1/3/2005 8:00:00 AM

Contact: Tioka Tokedira, 212-845-5246 or 609-206-8852 or TokediraT@humanrightsfirst.org or Sean Crowley, 202-478-6128 (w) or 202-550-6524 ©, or scrowley@mrss.com or Web: http://www.HumanRightsFirst.org

News Advisory:

Human Rights First Outlines Gonzales' Role in Setting Improper Detention and Interrogation Policy

What: Press Briefing -- IN PERSON OR BY TELECONFERENCE.

Retired Admirals and Generals will release a letter to the Senate Judiciary Committee that urges Members to closely examine Attorney General nominee Alberto Gonzales' role in setting U.S. policy on torture. Specifically, the Admirals and Generals express concern about Gonzales' recommendation that the Geneva Conventions not be applied to the conflict in Afghanistan.

Who:

-- General Joseph Hoar (Ret. USMC), the former Commander of U.S. Central Command, led the efforts to enforce the naval embargo in the Red Sea and the Persian Gulf and the no-fly zone in the south of Iraq after the first Gulf War. He was the Deputy for Operations for the Marine Corps during the Gulf War and served as General Norman Schwarzkopf's Chief of Staff at Central Command.

-- General James Cullen (Ret. USA), a retired Brigadier General in the United States Army Reserve Judge Advocate General's Corps who last served as the Chief Judge (IMA) of the U.S. Army Court of Criminal Appeals.

-- Elisa Massimino, Washington Director, Human Rights First (formerly the Lawyers Committee for Human Rights). Massimino is a human rights legal expert and Human Rights First's chief advocacy strategist.

Where: National Press Club, 529 14th St., NW, 13th Floor, Zenger Room. ** OR ATTEND BY TELEPHONE. Call: 800-213-8536. Ask for the "Gonzales Nomination" press conference.

When: Tuesday, Jan. 4, 2005 -- 10 a.m. EST A light breakfast will be served.

Details: The press briefing will discuss issues surrounding the confirmation hearings for Attorney General nominee Alberto Gonzales, which will begin Jan. 6.

For the past quarter century, Human Rights First (formerly the Lawyers Committee for Human Rights) has worked in the United States and abroad to create a secure and humane world by advancing justice, human dignity and respect for the rule of law. It supports human rights activists who fight for basic freedoms and peaceful change at the local level; protects refugees in flight from persecution and repression; helps build a strong international system of justice and accountability; and makes sure human rights laws and principles are enforced in the United States and abroad.

http://www.usnewswire.com/

More Than 225 Religious Leaders to Release Open Letter to AG Nominee Gonzales Urging Rejection of Torture Under Any Circumstances

1/3/2005 10:28:00 AM


Contact: Tyler Prell or Crystal Streuber, 202-518-8047, both of The Hauser Group

News Advisory:

Tomorrow a group of more than 225 religious leaders will release an open letter to US Attorney General Nominee Alberto Gonzales calling on him to denounce the use of torture under any circumstances and to embrace and advance standards of international law and honor the dignity of all God's creation.

Organized by Church Folks for a Better America, the diverse list of signatories to the letter includes Catholic, Protestant, Jewish, Muslim and Sikh leaders from across the United States. The Open Letter and full list of signatories is available at http://www.cfba.info.

WHAT: Conference Call to Discuss Objections Raised by More Than 225 Religious Leaders in Open Letter to AG Nominee Gonzales

WHO:

-- Dr. George Hunsinger, Princeton Theological Seminary

-- Dr. C. Rene Padilla, General Secretary for Latin America, IFES

-- Rabbi Arthur Waskow, The Shalom Center

Other notable religious leaders may be joining the call

WHEN: Tuesday, Jan. 4 at 2 p.m.

Please contact Tyler Prell or Crystal Streuber via email or at 202-518-8047 for conference call dial-in information.

http://www.usnewswire.com/

What has happened to date seems to have been made possible from GWB's "life experience". His dog Barney may be living well now, but I think Bush's "affection" for him is calculated... it projects a useful image.

Past abuse of defenseless living creatures is something to be extremely wary of, don't you agree? Blowing up frogs with firecrackers is consistent with what happened at Abu Ghraib.

How can our personal freedoms be placed in the hands of such a man, and those who would sponsor him?

Backing Gonzales Is Backing Torture
--------------------

Robert Scheer

January 4 2005

Is there bipartisan congressional support for torture?

The complete article can be viewed at:
http://www.latimes.com/news/opinion/la-oe-...,7413664.column

Visit latimes.com at http://www.latimes.com

http://www.csmonitor.com/2005/0104/p08s03-comv.html

Interrogating Torture Rules

http://www.nytimes.com/2005/01/03/politics...3317066e13ce76d

Gonzales is likely to face criticism in hearings

Alliance for Justice Releases Gonzales Report and Lawyers' Letter; Both Raise Serious Concerns About Nomination for Attorney General

1/4/2005 2:33:00 PM

Contact: Julie Bernstein of Alliance for Justice, 202-822-6070 ext. 297 or 240-601-5562 (cell)

WASHINGTON, Jan. 4 /U.S. Newswire/ -- Alliance for Justice released today a detailed report and lawyers' letter critical of the nomination of White House Counsel Alberto Gonzales to be attorney general of the United States. Gonzales' record as White House counsel over the past four years, especially his role in formulating the policies that led to the torture of prisoners of war, raises fundamental questions about his fitness to serve as our nation's top law enforcement officer.

"Alberto Gonzales was the chief engineer behind the Bush administration's policy justifying the abusive treatment of prisoners of war," said Alliance for Justice President Nan Aron. "Gonzales wrote memos advocating the use of torture in defiance of the Geneva Conventions, international law and standards of human decency. He paved the way for the Bush administration to sidestep the rule of law that, as attorney general, he will be mandated to enforce."

Aron praised the unprecedented, bipartisan effort of over 300 prominent members of the legal community to demand Gonzales support an independent commission to investigate the detention and interrogation policies and practices of the United States. This group has long been insisting on the full disclosure of all memos related to torture -- a request that Gonzales has failed to meet.

"It is essential that an independent, bipartisan commission with full subpoena power be established to prepare a full account of detention and interrogation practices carried out by the United States," said John J. Curtin, Jr., former president of the American Bar Association. "Gonzales should be closely questioned about his record in these matters so that the Senate and the nation may determine his fitness to serve as attorney general of the United States."

"Gonzales has consistently pushed the limits of executive privilege in order to shield the Bush administration from oversight by Congress or scrutiny by the American people," added Aron. "The position of the country's top cop demands an impeccable level of integrity and commitment to the rule of law that Gonzales has not proven to possess." Aron noted other areas of concern in Gonzales' record, including his direct role as White House counsel in selecting extremist judicial nominees; and his cavalier treatment of clemency petitions in Texas death penalty cases while advising then- Governor George W. Bush.

"The Senate Judiciary Committee must thoroughly review all memos relating to torture written during Gonzales' tenure as White House counsel before voting on his nomination," Aron advocated, adding that the latest memo out of the Office of Legal Counsel does not alleviate her concerns.

Alliance for Justice's report on Alberto Gonzales and the lawyers' letter including the list of signatories can be found at http://www.allianceforjustice.org.

http://www.usnewswire.com/

Gonzales likely to be confirmed as AG, but faces sharp questions
Some retired military officers criticize his role in drafting a torture
memo, but key Hispanic groups are supporting him. By Gail Russell
Chaddock
http://www.csmonitor.com/2005/0105/p02s01-uspo.html?s=hns

http://www.washingtonpost.com/wp-dyn/artic...7-2005Jan3.html

Gonzales Nomination Draws Military Criticism
Retired Officers Cite His Role in Shaping Policies on Torture

By Dan Eggen
Washington Post Staff Writer
Tuesday, January 4, 2005; Page A02

A dozen high-ranking retired military officers took the unusual step yesterday of signing a letter to the Senate Judiciary Committee expressing "deep concern" over the nomination of White House counsel Alberto R. Gonzales as attorney general, marking a rare military foray into the debate over a civilian post.


There was also another story today about how the White House was refusing to release the memos Gonzales wrote, but I can't find the link! I'll post when I find it.

http://www.suntimes.com/output/elect/cst-nws-confirm04.html

Durbin rips White House for withholding nominee's memos

January 4, 2005

BY JESSE J. HOLLAND


WASHINGTON -- Attorney general nominee Alberto Gonzales' confirmation hearing this week may become more contentious because the White House has refused to provide copies of his memos on the questioning of terror suspects.

''We go into the hearing with some knowledge of what has occurred because of press reports or leaks but without the hard evidence that will either exonerate or implicate Judge Gonzales in this policy,'' complained Sen. Dick Durbin of Illinois, the Senate's No. 2 Democrat, on Monday.

Durbin and other Democrats plan to question Gonzales on his involvement in the crafting of policies concerning questioning -- policies that the Justice Department has backed away from.

Still, the issue probably won't be enough to stop Republicans from confirming Gonzales as the first Hispanic attorney general.

Republicans hold 55 seats in the new Senate, while Democrats control 45 seats. The Democrats have not yet decided whether to try to block Gonzales' confirmation.

Critics really aiming at Bush?

''I think the hearing will be contentious, but in the end Judge Gonzales will be confirmed because he deserves to be confirmed,'' said Sen. John Cornyn (R-Texas), who will introduce Gonzales at the confirmation hearing.

The Justice Department in 2002 asserted that President Bush's wartime powers superseded anti-torture laws and treaties. Gonzales, while at the White House, wrote similar memos.

The Justice memos have since been disavowed and the White House says the United States has always operated under the spirit of the Geneva Conventions that prohibit violence, torture and humiliating treatment.

Critics are trying "to continue their attacks on President Bush because of his policies since 9/11 that the people didn't buy on Nov. 2,'' Cornyn said. ''They also are trying to muddy the water to make it harder for the president to nominate him for the Supreme Court later on.''

AP

http://www.americanprogress.org/site/pp.as...RJ8OVF&b=280963

Ten Questions for Alberto Gonzales

January 4, 2005

Are there any circumstances under which you believe the President of the United States could legally authorize torture?

Alberto Gonzales approved a now-infamous memo which contended the president "wasn't bound by laws prohibiting torture and that government agents who might torture prisoners at his direction couldn't be prosecuted by the Justice Department." Despite the fact that the United States ratified the United Nations Convention Against Torture - which states "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 of torture" - the memo stated the president had the authority "to approve almost any physical or psychological action during interrogation, up to and including torture." Once the memo was made public, Gonzales backtracked, saying the memo contained "unnecessary, over-broad discussions" about "abstract legal theories." He also said the policy was "under review, and may be replaced, if appropriate, with more concrete guidance addressing only those issues necessary for the legal analysis of actual practices." The Justice Department recently released a new memo redefining the U.S. stance on torture. The new policy, however, does not address the question of whether the president is entitled to disregard laws and treaties.

Sources: Torture memo | UN Convention Against Torture | Abstract legal theory | New policy silent on presidential powers

Has your position on the Geneva Conventions changed since evidence of widespread detainee abuse at U.S. prisons was uncovered? If not, which provisions of the Geneva Conventions do you still consider "quaint" or "obsolete"?

The Geneva Conventions of 1949, signed and ratified by the United States, are the primary instruments of humanitarian law used to protect those involved in international armed conflicts. A January 25, 2002 memorandum issued by Alberto Gonzales claims the war on terrorism "renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions." The memo pushes to make al Qaeda and Taliban detainees exempt from the Geneva Conventions' provisions on the proper, legal treatment of prisoners. The memo also expresses concern, however, that failing to apply the Geneva Conventions "could undermine U.S. military culture which emphasizes maintaining the highest standards of conduct in combat, and could introduce an element of uncertainty in the status of adversaries." The evidence of detainee abuse in Iraq, Afghanistan, and elsewhere have borne these concerns out.

Sources: Text of January 25, 2002 memorandum | Newsweek piece on the significance of the memo | FBI agent justified relied on high-level administration documents to justify interrogation methods 'beyond the bounds of standard FBI practice.'

In your view, what limits did the September 14 joint resolution passed by Congress place on which countries the president could invade?

On September 14, Congress passed a joint resolution authorizing President Bush to respond to the 9/11 terrorist attacks, but narrowing the scope of the authority to only countries specifically connected to the attacks. On September 25, just 11 days later, the Justice Department sent a memo to Alberto Gonzales which "essentially argued that what Congress authorized didn't matter." The memo argued there were "no limits" on Bush's powers to respond to the attacks and, in the first known statement of Bush's pre-emptive doctrine, the memo "startlingly" argued Bush could deploy military force preemptively against any country he suspected of harboring terrorists "whether or not they can be linked to the specific terror incidents of Sept. 11." It also said his decisions were "for him alone and are unreviewable." Gonzales's response to the memo is unknown.

Source: Secret memo justifying the invasion of Iraq

Do you still believe that the state of Texas does not have to abide by the Vienna Convention?

In 1997, Alberto Gonzales wrote a memo for then-Gov. Bush which said the state of Texas need not comply with the Vienna Convention. The Vienna Convention, ratified by the Senate in 1969, was "designed to ensure that foreign nationals accused of a crime are given access to legal counsel by a representative from their home country." Gonzales sent a letter to the U.S. State Department in which he argued that the treaty didn't apply to the State of Texas, as Texas was not a signatory to the Vienna Convention. Two days later, Texas executed Mexican citizen Irineo Tristan Montoya, despite Mexico's protestations that Texas had violated Tristan's rights under the Vienna Convention by failing to inform the Mexican consulate at the time of his arrest.

Source: Gonzales advice to Gov. Bush re: the Vienna Convention

Do you still believe that the president can order the indefinite detention of U.S. citizens, without judicial scrutiny, now that the Supreme Court has rejected that position?

The Supreme Court ruled last June that citizens and non-citizens detained by the government – even those deemed "enemy combatants" by the Bush administration – have the right to challenge their detention in front of a neutral arbiter. The court sharply rejected President Bush's position that, as commander-in-chief during a time of war, he has the unilateral power to detain individuals indefinitely without due process of law. Justice Sandra Day O'Conner wrote: "A state of war is not a blank check for the president." The Supreme Court's decisions were a rejection of the Bush administration's legal justifications for the harsh treatment of prisoners. In an 8/1/02 memo written for Alberto Gonzales, the Bush administration argued that the president had the authority, pursuant to his commander-in-chief power, to authorize torture and other harsh interrogation tactics for the purpose of extracting information from detainees. Justice John Paul Stevens traced the rationale for his decision in the Guantanamo case all the way back to King John's promise in the Magna Carta of 1215 that, "no free man should be imprisoned...save by the judgment of his peers or by the law of the land." The analysis "traced the limits on executive power through English common law, on through the Federalist Papers and down a long line of precedents forged in some of the darkest hours of the nation, including the Civil War and World War II."

Sources: SC decision | 8/1/02 Memo | Washington Post analysis

The Department of Justice has issued a revised, more expansive definition of torture. But John Yoo, who helped write the repudiated memo, still defends the old definition. If you are confirmed as Attorney General, would you consider Mr. Yoo for a position in your department?

An August 2002 memo, vetted by Gonzales, said that the pain caused by an interrogation must include "injury such as death, organ failure, or serious impairment of body functions – in order to constitute torture." In anticipation of Gonzales's nomination hearing, the Justice Department issued a new memo, revising its definition of torture to include "mere physical suffering or lasting mental anguish." But former Justice Department official John Yoo still thinks the old definition was better, saying the new version "makes it harder to figure out how the torture statute applies to specific interrogation methods. It muddies the water. Our effort . . . was to interpret the statute clearly."

Sources: August 2002 memo | New memo; Yoo reaction

Do you believe the March 2004 draft memo you requested – authorizing the CIA to transfer detainees to countries that may torture them – was in violation of international law?

At the request of Alberto Gonzales, the Justice Department drafted a top-secret memo that authorized the CIA to transfer detainees out of Iraq for interrogation. That practice, known as "extraordinary rendition," is a violation of the Geneva Conventions and is thus a "war crime" under U.S. federal law. The CIA used the draft memo, dated March 19, 2004, as legal support "for secretly transporting as many as a dozen detainees out of Iraq in the last six months." According to agency officials, the CIA transferred suspected terrorists "captured in one country into the hands of security services in other countries whose records of human rights abuse is well documented." Those detainees were also hidden from the International Committee of the Red Cross and other authorities.

Source: Gonzales requests memo on rendition

Would you recuse yourself from all Enron-related matters?

For more than a decade, Alberto Gonzales was an attorney for Vinson & Elkins, the firm that represented Enron. When Gonzales ran for re-election to the Texas Supreme Court, he "received $6,500 in campaign contributions from the company." The Justice Department is currently prosecuting top Enron executives – including former CEO Ken Lay. John Ashcroft recused himself from the Enron investigation "because of contributions he received from the company's executives during his campaign for the Senate." Nevertheless, Gonzales – who had a far more extensive relationship with Enron than Ashcroft – continued to be involved in Enron-related investigations as White House counsel.

Sources: Gonzales worked at Vinson & Elkins | Gonzales received $6.5K from Enron | Ashcroft recusal | Gonzales involved with Enron investigations as White House Counsel

Would you recuse yourself from all Halliburton-related matters?

The Justice Department has launched three investigations of Halliburton: for allegedly overcharging the military $61 million for fuel, for allegedly bribing Nigerian officials to win a contract, and for allegedly doing business with Iran through an off-shore subsidiary. Halliburton was a major client of Vinson & Elkins while Gonzales was a partner at the firm. In 1999, as a member of the Texas Supreme Court, Gonzales accepted a $3,000 contribution from Halliburton just before the court was to hear an appeal of a case where "a Halliburton employee had won a $2.6 million trial verdict" against the company. Gonzales did not recuse himself.

Sources: Justice Dept. investigation of Halliburton fuel overcharges | Justice Dept. investigation of Halliburton bribery investigation | Justice Dept. investigation of Halliburton investigation for fuel overcharges | Halliburton major client of Vinson & Elkins | Halliburton $3K contribution to Gonzales

Were you aware of Bernard Kerik's long-standing ties to Interstate Industrial, a New Jersey-based firm allegedly run by organized crime? If so, did you inform President Bush before Mr. Kerik was nominated? If not, how was the media able to uncover the connection hours after the nomination was announced?

Alberto Gonzales personally "spent hours grilling" Bernard Kerik as part of the administration's weeks-long effort to vet the one-time nominee for homeland security secretary. After Kerik withdrew his name from consideration, it was discovered that he had maintained long-standing ties to an alleged mob-run construction company called Interstate Industrial. While heading both the Department of Corrections and the New York Police Department, Kerik received numerous unreported cash gifts from Interstate Industrial executive Lawrence Ray, who has since been indicted on federal charges for a stock swindle involving several prominent mob figures.

Sources: Analysis of Gonzales' role in Kerik vetting | Details of Bernard Kerik's connections to Interstate Industrial and Lawrence Ray

Bush's Counsel Sought Ruling About Torture
By DAVID JOHNSTON and NEIL A. LEWIS
Alberto R. Gonzales intervened with Justice Department
lawyers to obtain a ruling on the extent of the president's
authority to permit extreme interrogation practices.

http://www.nytimes.com/2005/01/05/politics...onzales.html?th

Rewarding Mr. Gonzales
Given his close connection with the military prison abuse
scandals, Alberto Gonzales is a troubling candidate for the
job of attorney general.

http://www.nytimes.com/2005/01/05/opinion/05wed1.html?th

Gonzales Helped Set the Course for Detainees

By R. Jeffrey Smith and Dan Eggen

In March 2002, U.S. elation at the capture of al Qaeda operations chief Abu Zubaida was turning to frustration as he refused to bend to CIA interrogation. But the agency's officers, determined to wring more from Abu Zubaida through threatening interrogations, worried about being charged with violating domestic and international proscriptions on torture.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

Gonzales is an embarressment to the concept of JUSTICE! Bush and his political capital might find his confirmation hearings cause an overdraft in his accounts.
Then they have Condi-leak-a to get approved, and the 9/11 Commision supposedly still has information concerning what the Bush administration did with the terror threat warnings, that they stonewalled until after the election.
These two bloody confirmation hearings could be the only good news the progressives in this country will get for four years. Let Bush spend his political capitol on these hearings, he then will be bankrupt when he tries to gut Social Security, write discrimination against queers into the Constitution, get some anti-Choice justice on the Supreme Court,etc,etc.

[ When Bush Comes to Shove, FIGHT BACK!

http://www.antiwar.com/lobe/?articleid=4251

Gonzales Faces Stormy Hearing
Jim Lobe

http://fairuse.1accesshost.com/news2/latimes478.html

Backing Gonzales is Backing Torture
Robert Scheer

The Progress Report

by Christy Harvey, Judd Legum and Jonathan Baskin
with Nico Pitney and Mipe Okunseinde

January 5, 2005

GONZALES
Something to Hide?

President Bush is asking the United States Senate to confirm his nominee to be attorney general, Alberto Gonzales, without all the facts. On the eve of the Gonzales confirmation hearing, despite repeated requests from senators, the White House still refuses "to provide copies of his memos on the questioning of terror suspects." Instead, the Senate will be forced to rely on "press reports or leaks" for information about his role in drafting legal memorandum that provided legal justifications for torture. Gonzales had personally promised Sen. Patrick Leahy (D-VT) that he would "engage in an open exchange" regarding his testimony, but so far Gonzales hasn't bothered to answer Leahy's letters requesting the documents. In any event, there are serious questions -- regarding his role in the prisoner abuse scandal and other issues -- that need to be asked, and answered. We've drafted 10 tough questions for Alberto Gonzales. Here's a sample:

ARE THERE ANY CIRCUMSTANCES UNDER WHICH YOU BELIEVE THE PRESIDENT OF THE UNITED STATES COULD LEGALLY AUTHORIZE TORTURE?: Alberto Gonzales approved a now-infamous memo which contended the president "wasn't bound by laws prohibiting torture and that government agents who might torture prisoners at his direction couldn't be prosecuted by the Justice Department." Despite the fact that the United States ratified the United Nations Convention Against Torture - which states "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 of torture" - the memo advised the president he had the authority "to approve almost any physical or psychological action during interrogation, up to and including torture." Once the memo was made public, Gonzales backtracked, saying the memo contained "unnecessary, over-broad discussions" about "abstract legal theories." He also said the policy was "under review, and may be replaced, if appropriate, with more concrete guidance addressing only those issues necessary for the legal analysis of actual practices." The Justice Department recently released a new memo redefining the U.S. stance on torture. The new policy, however, does not address the question of whether the president is entitled to disregard laws and treaties.

DO YOU STILL BELIEVE THAT THE PRESIDENT CAN ORDER THE INDEFINITE DETENTION OF U.S. CITIZENS, WITHOUT JUDICIAL SCRUTINY, NOW THAT THE SUPREME COURT HAS REJECTED THAT POSITION?: The Supreme Court ruled last June that citizens and non-citizens detained by the government -- even those deemed "enemy combatants" by the Bush administration -- have the right to challenge their detention in front of a neutral arbiter. The court sharply rejected President Bush's position, championed by Gonzales, that as commander-in-chief during a time of war, he has the unilateral power to detain individuals indefinitely without due process of law. Justice Sandra Day O'Conner wrote: "A state of war is not a blank check for the president."

IN YOUR VIEW, WHAT LIMITS DID THE SEPTEMBER 14 JOINT RESOLUTION PASSED BY CONGRESS PLACE ON WHICH COUNTRIES THE PRESIDENT COULD INVADE?: On September 14, 2001, Congress passed a joint resolution authorizing President Bush to respond to the 9/11 terrorist attacks, but narrowing the scope of the authority to only countries specifically connected to the attacks. On September 25, just 11 days later, the Justice Department sent a memo to Alberto Gonzales which "essentially argued that what Congress authorized didn't matter." The memo argued there were "no limits" on Bush's powers to respond to the attacks and, in the first known statement of Bush's pre-emptive doctrine, the memo "startlingly" argued Bush could deploy military force preemptively against any country he suspected of harboring terrorists "whether or not they can be linked to the specific terror incidents of Sept. 11." It also said his decisions were "for him alone and are unreviewable." Gonzales's response to the memo is unknown.

WERE YOU AWARE OF BERNARD KERIK'S LONG-STANDING TIES TO INTERSTATE INDUSTRIAL, A NEW JERSEY-BASED FIRM ALLEGEDLY RUN BY ORGANIZED CRIME? IF SO, DID YOU INFORM PRESIDENT BUSH BEFORE MR. KERIK WAS NOMINATED?: Alberto Gonzales personally "spent hours grilling" Bernard Kerik as part of the administration's weeks-long effort to vet the one-time nominee for homeland security secretary. After Kerik withdrew his name from consideration, the media quickly discovered he had maintained long-standing ties to an alleged mob-run construction company called Interstate Industrial. While heading both the Department of Corrections and the New York Police Department, Kerik received numerous unreported cash gifts from Interstate Industrial executive Lawrence Ray, who has since been indicted on federal charges for a stock swindle involving several prominent mob figures. White House spokesman Dan Bartlett claims the administration was "aware of many of the issues [about Kerik] that have been reported" with the lone exception of Kerik's supposed hiring of an illegal immigrant as a nanny.

SOCIAL SECURITY
A Better Way

President Bush has a Social Security scheme which costs $2 trillion and would entail massive cuts in promised benefits. There is a better way to improve retirement security in America. In today's New York Times, American Progress's Gene Sperling suggests "a new universal 401(k) that offers all Americans a private retirement account in addition to Social Security, and uses government funds to match contributions made by moderate and lower-income workers." Unlike the president's plan, this would not reduce Social Security benefits. Sperling's plan would include a "dollar-for-dollar match by the government for initial contributions by moderate-income workers and even more for the working poor." The new accounts could be paid for by reclaiming a small fraction of the massive tax giveaways for the rich that Bush pushed through in his first term. (Those tax cuts cost the federal government $100 billion-a-year.) Sperling suggests "a 3-percent surcharge on all income over $200,000 -- whether from earnings, dividends or capital gains." Unlike privatization plans -- which just shift money around and add risk -- the new accounts would actually increase national savings.

TSUNAMI
The Long-Term Challenge

The tragic tsunami disaster in Asia has spurred an outpouring of both public and private support to provide immediate relief to the people of the region. That's good news. However, there is much more to be done. How we spend those dollars will ultimately determine our collective success in meeting this enormous challenge. As a new memo by the Center for American Progress points out, while the crisis is on the front pages of the world's newspapers today, following through in the long term to rebuild the shattered communities across Asia is equally important. This crisis also provides an important chance to refocus world attention on devastating poverty across the globe.

EXPANDING THE CORE: In the immediate wake of the tsunami, the United States formed a "core group" with India, Japan and Australia to coordinate relief efforts. But other countries and organizations also have been extremely active. The United Nations and their affiliated groups -- including UNICEF, the World Food Program, the Office of the Coordination of Humanitarian Assistance, and the World Health Organization -- are playing leading roles. The World Bank has donated $250 million, making it one of the largest donors behind Germany, Japan and the United States. The United Kingdom, a key ally, is engaged, donating about $94 million. In the near future, the United States should take "the logical step of expanding the Core Group to include regional governments, the leading donor nations, and the UN."

NEW FOCUS ON AN OLD PROBLEM: There is hope that the enormous public response to the tsunami disaster "may help make 2005 a breakthrough year in tackling world poverty," an serious -- and frequently overlooked -- need. Over the past seven days, for example, the United Nations has received more money in response to the tsunami crisis than it did for all humanitarian aid appeals in 2004 combined. And as Nicholas Kristof charges, the United States has been notoriously penny-pinching for these "orphaned disasters." For example, "this month and every month, more people will die of malaria (165,000 or more) and AIDS (240,000) than died in the tsunamis, and almost as many will die because of diarrhea (140,000)." But that's where the U.S. has been rather stingy. Currently, "Americans give 15 cents per day per person in official development assistance to poor countries. The average American spends four times that on soft drinks daily."

PUT IT IN CONTEXT: The United States has pledged $350 million for relief to the countries devastated by the tsunami. It's a start, but as the LA Times points out, "when aid is calculated per U.S. citizen or as a percentage of the economy, the United States ranks among the least generous in the industrialized world." To put it in context, the U.S. donation works out to $1.16 per American citizen. Norway, on the other hand, has contributed an average of $43 per Norwegian.

HOW YOU CAN HELP: Americans have risen to the challenge, sending private contributions to provide assistance for the countries torn apart by the tsunami. As you make your donations, keep a few things in mind to ensure your money goes to an organization where it will do the most good. Organizations that have the greatest long-term impact tend to follow four principles. One, they invest in local organizations and people in order to reduce long-term dependence. Two, they keep overhead costs high enough to attract quality personnel and acquire quality goods while spending the bulk of funds on actual relief. Three, they engage in relief efforts, but also long term reconstruction and development activities. And finally, they don't discriminate among populations or proselytize among victims. Here's a list of good, solid relief efforts.

Under the Radar

FILIBUSTER -- FRIST'S DISHONEST ATTACK ON DEMOCRACY: Documents obtained by American Progress show Senate Majority Leader Bill Frist participated in an effort to block one of Bill Clinton's judicial nominees via filibuster, then dodged the truth. Yesterday, Frist claimed filibustering President Bush's judicial nominees was "unprecedented," charging, "Never in the history of the Senate has a minority filibustered a judicial nominee with clear majority support." Frist has previously stated that filibustering judicial nominees is "radical" and "dangerous." However, while a member of the Republican Senate minority in 2000, Frist himself actually voted to filibuster Judge Richard Paez, who President Clinton had nominated to the 9th Circuit of the United States Court of Appeals. Moreover, when subsequently confronted with the vote on Face the Nation (11/21/04), Frist falsely suggested the filibuster of Paez had been used "legitimately" - for scheduling purposes or to get more information. American Progress tracked down the March 9, 2000 press release of Former Senator Bob Smith (R-NH) describing the intent of the Paez filibuster vote the day before. The release says Senator Smith "built a coalition of several moderate and conservative Senators in an effort to block" Paez's nomination. Frist was a part of that coalition. Smith did not organize the filibuster to get more information on Paez (after all his nomination had been pending for four years). He organized the filibuster because he had already decided Paez was "out of the mainstream of political thought and...should [not] be on the court."

REPRODUCTIVE RIGHTS -- PLAN B A-OK: A recent University of California study has provided conclusive evidence that "easy access to Plan B, also called the morning-after pill, could reduce the number of unwanted pregnancies while posing no apparent risk to women." Moreover, making the drug readily available "[does not lead to engaging in] more risky sexual behavior," contrary to the baseless concerns made last May by acting director of the FDA Dr. Steven Galson when rejecting an application to allow the drug to be sold over the counter. Being published today in the Journal of the American Medical Association, an article on the study asserts that "the drug could be safely and properly used without a prescription," which is coincidentally a position already supported by a majority of the FDA review staff and 23 of 27 members of the FDA advisory panel.

ETHICS -- THE SAME "OLD GAME": Though many seem to be heralding House Republicans for reversing approval of an ethics package that was questionable to begin with, a key element of it still remains. Yesterday, along strict party lines, the House voted that "a majority of the ethics committee's members will have to vote to launch an investigation," a change from the previous rule that allowed for an investigation even if the committee -- consisting of five Republicans and five Democrats -- was at an impasse. This new rule, which will make the already rare instance of an ethics investigation even harder to come by, made even the chairman of the ethics panel Rep. Joel Hefley (R-CO) worry, "I think [this] creates a problem in trying to implement a fair and even-handed process." Perhaps this is what House Majority Leader Rep. Tom DeLay (R-TX) actually meant yesterday when he said, "It is a new year but an old game."

ENERGY -- DRILLING ANWR: Outgoing Secretary of Energy Spencer Abraham had some bad parting news yesterday, stating the larger Republican majority in the Senate means drilling in an Alaskan wildlife refuge is now both "feasible and likely." Someone might want to tell Abraham even some of the the big oil and gas companies are against the legislation. ConocoPhillips, the largest oil producer on Alaska's North Slope, said yesterday it was "pull[ing] out of the main lobbying group that has been pushing to open the Arctic National Wildlife Refuge to oil drilling." They follow BP PLC, the second-largest operator, which two years ago pulled out of the same lobbying group. The move "raises questions about how eager big oil companies are for Congress to open the refuge to drilling." The proposal was removed from previous policy under criticism that it is likely to "harm wildlife and yield new supplies too slowly to ease an energy crunch."

INAUGURATION -- VALUES ON PARADE: The nominal theme of President Bush's upcoming inauguration is "Celebrating Freedom and Honoring Service," though the scheduled events suggest otherwise. At the height of WWII, President Franklin D. Roosevelt honored the service of soldiers in the field with a "simple and austere" inauguration, "with no fanfare or formal celebration following the event." President Bush's festivities, on the other hand, "will not be marked by any noticeable restraint and will cost more than any other in history." The "Bush twins' inaugural youth concert" will "celebrate the freedom" of musical star Kid Rock, whose repertoire includes values classics like "F*** U Blind," "Killin' Brain Cells," and "Early Mornin' Stoned Pimp." Also, Kelsey Grammer, who last year told FoxNews he would like to run for public office as a Republican, and who has been arrested multiple times for drunk driving and cocaine possession, will be the "M.C. at a kickoff inaugural gala honoring the military." Asked how American soldiers would benefit from the lavish ball (and its eight counterparts), the chairwoman for President Bush's inaugural committee at least admitted, "I'm not sure that they do benefit from them."

HAPPY NEWS!

Staples, Inc., the world's leading seller of office products, has announced that as of January 10th it will "no longer advertise on local news programming on Sinclair Broadcast Group TV stations nationwide." Sinclair Broadcasting has been extensively criticized for its "injection of partisan conservative politics into its nightly newscasts." Staples shows being successful and remaining mindful of customers' concerns don't have to be mutually exclusive. Let's hope their stand encourages other companies to be more mindful of where their advertising dollars are spent.


DON'T MISS

DAILY TALKING POINTS: Gonzales Sought Justification for Torture

GONZALES: The Boston Globe criticizes Gonzales's prior job performance, writing, "At a point when Bush needed wise counsel he got toadying loyalty instead."

FILIBUSTER: John McCain declares he won't support right-wing plans to change Senate filibuster rules.

RIGHT-WING: Pat Robertson claims God "will remove judges from the Supreme Court quickly."

TERRORISM: In the NY Review of Books, Jonathan Raban synthesizes seven of the most important recent books on international terrorism.


DAILY GRILL

"Never in the history of the Senate has a minority filibustered a judicial nominee with clear majority support."

-- Bill Frist, 1/4/05

VERSUS

"On March 8, 2000 ... Bill Frist was among those who voted to filibuster [judicial nominee Richard] Paez."

-- American Progress Press Release, 1/4/05

DAILY OUTRAGE

The US 9th Circuit Court of Appeals "ruled in favor of a Reno casino who fired a bartender because she refused to wear makeup." Darlene Jesperson, a dutiful employee of Harrah's Entertainment for over 21 years, was dismissed after contesting the new "image transformation program" that required female bartenders to wear makeup, including mascara, blush, lipstick and foundation, have their hair "teased, curled or styled" and use nail polish of limited colors. (Sounds like someone has been taking a page from the Heritage Foundation's playbook!)

So tell me…

What Are YOUR Thoughts on

TORTURE, DETENTION, and DENYING DUE PROCESS?

Confirmation hearings begin Thursday in the U.S. Senate for Alberto Gonzales, President Bush’s pick for the next Attorney General, succeeding John Ashcroft.

The Attorney General is the chief enforcer of the laws of our land. As people of faith, we believe the American people and the world deserve a U.S. Attorney General who has a proven record of upholding human rights here and abroad. Every major faith tradition honors justice and places supreme value on the treatment of others. Mr. Gonzales record while serving as White House Counsel raises serious issues that must be addressed. Among them:

Torture: As White House Counsel, Mr. Gonzales oversaw policies that enabled the U.S. military and the CIA to ignore laws and practices designed to prevent torture. Outcome of policy: Abu Ghraib Prison

Detention: As White House Counsel, Mr. Gonzales oversaw legal wording that enabled the U.S. to disregard the Geneva Conventions in the treatment of prisoners in Afghanistan and Iraq. Outcome of policy: Abu Ghraib Prison

Due Process: As White House Counsel, Mr. Gonzales forged policies that enabled the U.S. to claim that detainees could be held indefinitely and without charge, and without legal due process.

Outcome of policy: The U.S. Prison Camp in Guantanamo, Cuba.

Additionally, we believe the Senate Judiciary Committee MUST examine the record of any nominee for Attorney General in the areas of civil rights, including:

Voting Rights
Racial Profiling
Enforcement of Sex Discrimination laws
Click HERE to send an email to your Senators urging that these issues be addressed completely and forthrightly during the confirmation hearings. Further, we are joining other groups calling on Mr. Gonzales and members of the U.S. Senate to sign a Declaration Against Torture, which is detailed in the email we created for you to send to your Senators.

The Hebrew scriptures challenge us to "DO justice, love mercy, and walk humbly." As a nation dedicated to the rule of law, we believe the scriptures from the prophet Micah offer good advice for guiding the chief enforcer of those laws. Your letter will help insure that these crucial questions are asked when they matter most – before confirmation.

One more thing - please forward this email to your friends and colleagues and give them the opportunity to take action too. Thank you for stepping up to participate in this important event in our national life. Blessings to you as always,


Your FaithfulAmerica.org Team

National F.O.P. Endorses Gonzales for Attorney General

1/5/2005 3:55:00 PM

Contact: Tim Richardson of the Fraternal Order of Police, 202-547-8189

WASHINGTON, Jan. 5 /U.S. Newswire/ -- Chuck Canterbury, National President of the Fraternal Order of Police, offered his strong support for the nomination of Alberto R. Gonzales to be the next Attorney General of the United States.

"Judge Gonzales has a career of public service that any American would be proud of," Canterbury said. "Throughout his term on the Texas Supreme Court and in his capacity as White House Counsel, Alberto Gonzales has demonstrated a strong commitment to public safety and the men and women of law enforcement."

Judge Gonzales was appointed as Counsel to President George W. Bush in January 2001. Prior to serving in the White House, he served as a Justice of the Supreme Court of Texas.

"I had the opportunity to meet with Judge Gonzales after his nomination was announced, and he pledged to continue to involve the Fraternal Order of Police in all aspects of America's criminal justice policy," Canterbury said. "He has given us every indication that he intends to continue the Justice Department's open door policy to the F.O.P."

Before his appointment to the Texas Supreme Court in 1999, he served as Texas' 100th Secretary of State and, in this capacity, was the State's lead liaison on Mexico and border issues. Prior to his appointment as Secretary of State, Gonzales was the General Counsel to Governor Bush for three years.

"Judge Gonzales has more than a distinguished record -- he is a man of honor and integrity who we can count on to continue the strong legacy of John Ashcroft. I have no doubt that he will be both a leader and a partner to local and State law enforcement," Canterbury said. "President Bush has made an excellent choice in Judge Gonzales, and we are proud to support his nomination."

The Fraternal Order of Police is the largest law enforcement labor organization in the United States, with more than 318,000 members.

http://www.usnewswire.com/

Nation's Leading Pro-Choice Advocate Raises Concerns Over Gonzales Nomination; Nominee Imposed Anti-Choice Litmus Test on Federal Judges

1/5/2005 3:22:00 PM

Contact: David Seldin of NARAL Pro-Choice America, 202-973-3032

WASHINGTON, Jan. 5 /U.S. Newswire/ -- NARAL Pro-Choice America, the leading national advocate for personal privacy and a woman's right to choose, today called on senators to question Attorney General nominee Alberto Gonzalez about his role in President Bush's policy of using an anti-choice "litmus test" to fill federal courts with opponents of a woman's right to choose and right to privacy.

NARAL Pro-Choice America President Nancy Keenan said, "We have grave concerns about Mr. Gonzales' views on a woman's right to choose. The American public has a right to know that the nation's highest law-enforcement official will recognize Roe v. Wade as the law of the land. Senators should ensure that Americans individual freedoms are not trampled. They deserve better than another Attorney General like John Ashcroft who subpoenaed women's private medical records."

If confirmed as Attorney General, Mr. Gonzales would have great power over a number of issues affecting the women's right to control their own lives and decisions. He will be responsible for enforcing laws such as the Freedom of Access to Clinic Entrances Act (FACE), which provides doctors and women with critical protection from anti-choice violence. He would also make important decisions with respect to litigating the Federal Abortion Ban. Senators should not rubber-stamp his nomination without getting strong assurances that he will enforce laws protecting women's rights even as President Bush seeks to overturn them.

During the time Mr. Gonzales was in charge of picking judges for President Bush, not a single supporter of a woman's constitutional right to choose has been nominated to a circuit court of appeals. In contrast, nearly a third of the Administration's 52 appellate nominees are anti-choice activists.

http://www.usnewswire.com/

http://aolsvc.news.aol.com/news/article.ad...105150409990027

Justice Nominee DisavowsTorture Tactics
Senate Democrats Blast Gonzales at Confirmation Hearing

In watching the hearings on his nomination this morning, a number of remarks lead me to feel that confirmation is a foregone conclusion and that this will be a low water mark.

Gonzalez comes across in what I heard, as an ultra-light weight, sad that we cannot have the US AG be someone other than A.G. with all the talented field out there to choose from.

In a different way, he is going to be just as bad as Ashcroft, IMHO.

lenal

Dear Texans for Truth Supporter,

George W. Bush has nominated White House Counsel Alberto Gonzales to be the next Attorney General of the United States. While White House Counsel, Gonzales sanctioned the use of torture as official U.S. policy. You can read his memo here: http://www.drivedemocracy.org/gonzales_memo.pdf

Please contact your Senators and tell them that no one who approved, excused or codoned torture is fit to be this country's highest law enforcement official. Please thank Sen. Leahy for his promise to ask Gonzales tough questions and encourage him to block the confirmation.

Sen. Patrick Leahy
(202) 224-4242
senator_leahy@leahy.senate.gov

You can find your Senators' contact information here: http://www.senate.gov/general/contact_info...enators_cfm.cfm

I've written a longer essay on the topic, an excerpt is below, you can read the whole thing on the DriveDemocracy blog here: http://www.drivedemocracy.org/blog/index.php?p=170

Take Off The Hoods

America is debating the viability of torture. Let me say it again. America is debating the viability of torture.

It makes me sick, sick at heart, sick of those who treat this as a close moral call while crowing about the 2004 victory of "moral values" at the polls.

To much of the world, we are becoming the kind of monsters our own "Greatest Generation" -- my father among them -- is justly celebrated for defeating in World War II.

I recently travelled across Texas talking with truck stop workers, diner waitresses, real people on the town squares. Many are conservative. None are torturers. Some might be bigoted, some might be close-minded and afraid, but none of them carried cattle prods on the their belts.

Alberto Gonzalez is from Texas. So is his boss. And Gonzalez's nomination for Attorney General -- and his torture-justifying record as White House counsel -- has focused national attention on the viability of torture.

Click here to read more: http://www.drivedemocracy.org/blog/index.php?p=170

thank you,
Glenn Smith, DriveDemocracy.org

my letter to Leahy:

Dear Senator Leahy:

Thank you for your promise to ask tough questions for President Bush's choice for Attorney General, Alberto Gonzales. I would ask you to go one step further and block this flawed nominee. Mr. Gonzales is the author behind the memo allowing for torture, which has cast a dark cloud on Americans, our soldiers, and to those in the world who look to America as a beacon of freedom. I strongly urge you to send a message that this type of thinking will not be tolerated or condoned and send Mr. Gonzales packing. He does not belong in Washington making policy. Thank you and I look forward to hearing from you.

Sincerely,

I'm just listening to the repeat on C-SPAN and I am so loving Joe Biden, what a mensch

It's about your judgment

http://www.guardian.co.uk/worldlatest/stor...4715334,00.html

White House won't release Gonzales Papers

I watched a good amount of the Gonzales hearing. For all the tough questions asked regarding the controversial memos concerning torture, he never gave a direct answer. Some questions that usually only require a direct yes or no response, he brushed them off as hypothetical situations. It appears that he skirted around the questions without providing much substance.

Gonzales Defends His White House Record

By Dan Eggen and R. Jeffrey Smith

Attorney general nominee Alberto R. Gonzales strongly defended his tenure as White House counsel yesterday, including his conclusion that the protections of the Geneva Conventions do not apply to alleged terrorists, and he suggested that the United States should consider renegotiating the international treaties to better wage its war on terrorism.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

Mr. Gonzales's Testimony

ALBERTO R. GONZALES missed an important opportunity yesterday to rectify his position, and that of President Bush, on the imprisonment and interrogation of foreign detainees. At the Senate Judiciary Committee's hearing on his nomination to be attorney general, Mr. Gonzales repeatedly was offered the chance to repudiate a legal judgment that the president is empowered to order torture in violation of U.S. law and immunize torturers from punishment. He declined to do so. He was invited to reject a 2002 ruling made under his direction that the infliction of pain short of serious physical injury, organ failure or death did not constitute torture. He answered: "I don't have a disagreement with the conclusions then reached." Nor did he condemn torture techniques, such as simulated drowning, that were discussed and approved during meetings in his office. "It is not my job," he said, to decide if they were proper. He was prompted to reflect on whether departing from the Geneva Conventions had been a mistake, in light of the shocking human rights abuses that have since been reported in Iraq, Afghanistan and the Guantanamo Bay prison and that continue even now. Mr. Gonzales demurred. The error, he answered, was not of administration policy but of "a failure of training and oversight."

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

Here's a transcript of the entire Senate Judiciary Committee hearing in the NY Times. It is about 78 pages long.

"Senate Judiciary Committee Confirmation Hearing"
http://www.nytimes.com/2005/01/06/politics...ml?pagewanted=1

YOU GOTTA READ THIS- ESPECIALLY THE HIGHLIGHTED PARTS!

Serious Questions Need To Be Answered About Alberto Gonzales
By Chuck Baldwin
January 7, 2005


Alberto Gonzales is President George W. Bush's choice to be
America's next Attorney General. Gonzales is one of Bush's most
trusted friends and advisors. It was often speculated that President
Bush would nominate him to the U.S. Supreme Court. However, as
Bush's pick for Attorney General, Gonzales' record is coming
under close scrutiny, and many disturbing questions are coming to
the surface.

For example, as President Bush's chief counsel, Gonzales wrote a
memo in August 2002 in which he stated that laws forbidding
torture don't "apply to the President's detention and interrogation
of enemy combatants." Beyond that, the memo also stated that
unless "injury such as death, organ failure, or serious impairment
of body functions" occurred, it did not constitute torture.

Gonzales was also a major player in the promotion and passage of
The Patriot Act, an act that many believe to be egregiously
unconstitutional and tyrannical. For all intensive purposes, The
Patriot Act does serious injury to the Bill of Rights and all but
eviscerates constitutional protections contained in the Fourth
Amendment. In fact, The Patriot Act is so controversial, it has been
formally rejected by hundreds of cities across the nation.

Some even speculate that one reason for Bush's infatuation with
Gonzales is nothing more than old fashioned political payback. It
appears, after all, that Alberto Gonzales kept Bush's drunk driving
conviction in 1976 a secret until it was too late to damage Bush's
first presidential bid.
However, it is the speed of Gonzales' "rise to the top" that has
many people raising their eyebrows. According to News With
Views, "Few individuals ever attain the fast track in the way
Gonzales did."

News With Views elaborates further by saying, "A remarkable feat
seems to have been accomplished. A high school graduate goes
into the Air Force, not as an officer, but as an enlisted rank. Two
years later, Gonzales 'wins' a coveted nomination to the United
States Air Force Academy. In two years, this cadet is bored, gets
'transferred' to Rice University and earns a degree in less than two
years."

NWV also states, "There are strict guidelines involved in
nominating an individual for a cadet slot at the United States Air
Force Academy. The competition is tough, application time is
considerable and not a process done at the drop of a hat.

"Mr. Gonzales is being nominated for Attorney General, the
highest law enforcement officer in the U.S. Government. The
American people have a right to know the factual details of how
this nominee moved in such an unconventional method through the
military and then to a top ranking college. We find this a
reasonable inquiry considering Gonzales deliberately kept quiet
about Bush's drunk driving conviction, the very same individual
who has nominated him for this top law enforcement position.

"Newswithviews.com has filed a Freedom of Information Act
request."
Hooray for News With Views! The American people need to know
the results of this important investigation. Beyond that, it will be
more than interesting to see if anyone within the mainstream media
or if any national spokesman from the Religious Right shows any
interest in the results.

Speaking of the Religious Right, they should also be more than
concerned that as a Texas Supreme Court Justice, Alberto
Gonzales ruled that a minor girl had the "right" to have an abortion
without the consent of her parents. As a whole, however, the
Religious Right shows no such concern. Therefore, it is highly
doubtful that they will show much interest in the questions raised
by News With Views.

It is truly a sad day when both the popular media and the Christian
pulpits of America can show such an amazing disregard for truth!
It only means that it is even more important that independent
voices be heard.

Thank you, News With Views. May your tribe increase.

© Chuck Baldwin


NOTE TO THE READER:

Chuck Baldwin's commentaries are copyrighted and may be
republished, reposted, or emailed providing the person or
organization doing so does not charge for subscriptions or
advertising and that the column is copied intact and that full credit
is given and that Chuck's web site address is included.

Editors or Publishers of publications charging for subscriptions or
advertising who want to run these columns must contact Chuck
Baldwin for permission. Radio or television Talk Show Hosts
interested in scheduling an interview with Chuck should contact
chuck@chuckbaldwinlive.com.

http://kennedy.senate.gov/index_high.html

SENATOR EDWARD M. KENNEDY STATEMENT AT THE CONFIRMATION HEARING FOR ALBERTO GONZALES TO BE THE ATTORNEY GENERAL
January 6, 2005



--------------------------------------------------------------------------------

For Immediate Release
Contact: David Smith / Jim Manley
(202) 224-2633


Mr. Gonzales, I join in welcoming you to today's hearing and I commend you on your nomination as Attorney General.

The story of your life is impressive. Your grandparents came to this country from Mexico. Your parents were migrant farm workers. You grew up in a small house with no hot water or telephone. Yet, you obtained degrees from two of the nation's finest universities, became a justice on the Texas Supreme Court, and now, as White House counsel, you've been one of the President's closest advisers over the past four years. I agree with President Bush when he said that in many ways you embody the American Dream. I have the highest respect for your accomplishments.

Today, however, the issue of your commitment to the rule of law is what most concerns us. Unfortunately, there is increasing and disturbing evidence that, with the approval of our highest officials, the Administration has undermined respect for law and for international standards of civilized behavior.

It appears that legal positions that you have supported have been used by the Administration, the military and the CIA to justify torture and Geneva Convention violations by military and civilian personnel. Memos you solicited, endorsed, approved or acquiesced in undermined longstanding traditions in our military and weakened important protections for our own troops serving abroad by violating the military's golden rule: that we treat captured enemy forces as we would want our own prisoners of war to be treated.

Many of us are disturbed by the Administration's role - and particularly your participation - in fostering a climate which has led to unthinkable behavior by those dealing with our prisoners.

I hope you understand that my responsibility, in keeping with the Senate's constitutional role of advice and consent to Executive nominations, is to inquire into these areas. They are too important to be set aside out of respect for your personal history, however impressive that may be.

By my count, it appears that you have been directly involved in failed policy decisions in at least four areas relating to the detention and interrogation of people we have captured in Afghanistan, Iraq, and elsewhere. You were reportedly instrumental in preparing the plan to use military tribunals to try detainees, a plan that was widely criticized as unjust, unworkable, and unconstitutional. Your view that the system was beyond any judicial review was categorically rejected by the Supreme Court.

You were also the author of a memorandum which relegated the Geneva Convention to the scrapheap of history, despite their universal acceptance by our own military forces and despite the advice of Secretary of State Powell, and also, reportedly, of Joint Chiefs Chairman Gen. Myers and other high military officials. We now know that the position you espoused helped lead to the breakdown of humane practices by many in our military precisely as Secretary Powell predicted.

You were also instrumental in initiating the "Bybee" memorandum, which narrowed the definition of torture so drastically that two years later, you had to retract and denounce it. That extreme and poorly reasoned legal opinion set the stage for the shameful human rights abuses against detainees that have tarnished America in the eyes of the world. Your failure to withdraw Mr. Bybee as a nominee for a lifetime judgeship on the Ninth Circuit, after seeing his memo, stands as dramatic proof that you did not take issue with his positions.

Each of these policy decisions suggests your fourth problem, that you believe in almost unlimited Presidential Power, unfettered by the constitution or basic treaties. The Administration ignored and excluded top military lawyers and experts in the State Department and Defense Department who raised objections to your policies. It engaged in a long process of denial and deception by top Administration officials after the Abu Ghraib prison scandal broke last spring. That arrogance of Executive power has led to national embarrassment.

Your nomination as Attorney General is one of the most significant this committee has ever considered. We need to know from you the specific steps you intend to take to restore the rule of law and America's standing in the world if you are confirmed. Among these, I hope you will support an independent, 9/11-style commission to investigate all allegations of prisoner abuse and conduct a comprehensive review of our detention and interrogation policies.

I look forward to your responses on these and other important matters.




-30-

Thank you Senator Kennedy!

http://www.pww.org/article/articleview/6260/1/245/

Due to overwhelming demand People's Weekly World Newspaper Online
PWW.ORG is temporarily only serving the following article

Memo reveals Bush OKd torture
by Tim Wheeler

WASHINGTON During confirmation hearings on Alberto Gonzales nomination as Attorney General, senators should question him about a recently uncovered memo that George W. Bush ordered the torture of detainees at Abu Ghraib, Guantanamo and other military prisons around the world, several human rights groups suggested last month.

The groups, who joined in an ACLU Freedom of Information (FOIA) lawsuit, which won release of the memo and other incriminating documents, are describing it as the smoking gun implicating Bush in the torture scandal.

ACLU Executive Director Anthony D. Romero released the memo Dec. 20 in New York. That document, a December 2003 FBI internal e-mail, suggests that Bush issued a secret Executive Order authorizing the use of extreme coercive measures in interrogation, including sleep deprivation, stress positions, attack dogs, and use of hoods to intimidate prisoners. The Geneva Convention Against Torture bans all of these practices.

These documents raise grave questions about where the blame for widespread detainee abuse ultimately rests, Romero said. Top government officials can no longer hide from public scrutiny by pointing the finger at a few low-ranking soldiers.

The human rights groups statement called on the Senate to scrutinize Gonzales, the White House Legal Counsel, on a Jan. 25, 2002, memo he wrote to Bush arguing that the Geneva Conventions outlawing torture did not apply to the war in Afghanistan. Gonzales described the conventions as quaint and obsolete.

In August 2002, Gonzales, without consulting military and State Department experts in the laws of torture and war, according to the Washington Post, approved a memo from the Justice Department claiming that unlawful enemy combatants could be detained indefinitely without criminal charges or the right of due process. The memo, the Post said, gave CIA interrogators the legal blessings they sought.

Physicians for Human Rights, winner of the 1997 Nobel Peace Prize, is one of the groups in the ACLU lawsuit. PHR sent a letter to the Senate Judiciary Committee signed by 150 doctors with expertise in the treatment of torture. There should be no place in the U.S. government for any official who condones the crime of torture, the letter stated.

Gretchen Borchelt, a PHR spokesperson, joined in the call for probing Bushs role in the torture scandal. "It would be great to question Gonzales about that memo", she said. "There are a number of documents the senators have asked for and have not received yet. We think this is a hugely important issue not just because of the nomination of Gonzales but also because the questions about torture have not been resolved. There has been no accountability."

Gonzales asserted Bushs right to order the torture of detainees, a position that violates U.S. treaty obligations under the Convention Against Torture and other international agreements, PHR said.

Wilson Woody Powell, executive director of St. Louis-based Veterans For Peace, another group in the lawsuit, told the World in a telephone interview that they are now examining the documents, which they recently received.

"Since Gonzales was Bushs legal adviser at the time, it would make sense to ask him about that memo", Powell said. "It would be a good question: what was Bushs role in the torture?"

If our nations highest law enforcement officer is known for abrogating international law in the treatment of detainees, we are just confirming to the world that we dont care about human rights. We would be confirming a criminal, a scofflaw, to be the nations chief prosecutor.

Powell pointed out that the U.S. is a signatory to the Convention Against Torture as a matter of self-protection. "I fully anticipate someone is going to capture some American soldiers and do unto them what we have done unto others. We have a deep concern for how our soldiers are going to be treated if they are captured given the record of torture at Abu Ghraib, Guantanamo and other detention centers", Powell said. Thousands of detainees have been held without trial because the administration lacks evidence to try them or even bring criminal charges.

MoveOn.org, the Internet activist group, has posted a petition on its website demanding that Gonzales sign a Declaration Against Torture and renounce his extreme and dangerous position that torture is a legitimate method of interrogation. The petition calls on Gonzales to reaffirm American respect for human dignity and the rule of law.

The administration is feeling so much heat on the subject that they posted, unannounced, on a U.S. government website, a new policy repudiating the earlier memos and calling torture abhorrent both to American law and values and to international norms.

On the eve of his confirmation hearings, Gonzales appeared to be covering his previous actions by releasing a prepared statement saying he would abide by international treaties prohibiting torture of prisoners. His Senate testimony was obtained by The Associated Press.

greenerpastures21212@yahoo.com

funny... getting a bj in the oval office is impeachable but allow violations of human rights from the oval office isn't...

Sex verses human rights in a moral-majotity... Just where did you think human rights would come in?

joe e

The Vote on Mr. Gonzales

DESPITE A POOR performance at his confirmation hearing, Alberto R. Gonzales appears almost certain to be confirmed by the Senate as attorney general. Senators of both parties declared themselves dissatisfied with Mr. Gonzales's lack of responsiveness to questions about his judgments as White House counsel on the detention of foreign prisoners. Some expressed dismay at his reluctance to state that it is illegal for American personnel to use torture, or for the president to order it. A number of senators clearly believe, as we do, that Mr. Gonzales bears partial responsibility for decisions that have led to shocking, systematic and ongoing violations of human rights by the United States. Most apparently intend to vote for him anyway. At a time when nominees for the Cabinet can be disqualified because of their failure to pay taxes on a nanny's salary, this reluctance to hold Mr. Gonzales accountable is shameful. He does not deserve to be confirmed as attorney general.

To view the entire article, go to http://www.washingtonpost.com/wp-dyn/artic...er=emailarticle

GONZALES QUESTIONS AND ANSWERS

Attorney General nominee Alberto R. Gonzales last week submitted
some 200 pages of answers to questions posed by members of the
Senate Judiciary Committee.

The written responses amplify and in some cases modify Mr.
Gonzales' previously stated positions on the laws of torture and
related issues.

A copy of the written responses is posted here (thanks to KC):

http://balkin.blogspot.com/2005/01/judge-g...-responses.html

Dear MoveOn member,

This week, the full Senate will vote on the nomination of Alberto Gonzales for Attorney General. Far from the rubber stamp Bush expected, the outcry from groups like Amnesty International, Win Without War, FaithfulAmerica, TrueMajority, People for the American Way and tens of thousands of MoveOn members has created a powerful opposition -- making this vote a real opportunity to hold the Administration accountable for the torture scandal in Iraq.

Last week, we scored a huge victory when every Democrat on the Senate Judiciary Committee bravely voted to oppose Gonzales. This week, we need every Senator of conscience to do the same.

Please call your Senators today and ask them to vote against the confirmation of Alberto Gonzales for Attorney General.

Senator Christopher Dodd: 202-224-2823
Senator Joseph Lieberman: 202-224-4041

In January, 150,000 MoveOn members and a broad coalition of faith groups, human rights advocates, and national security experts called on Gonzales to clearly repudiate his position that torture is a legally acceptable practice for the United States. He refused.

During his confirmation hearing, Gonzales insisted that the President had the authority to order torture.[1] He defended the memos he wrote and approved while serving as White House counsel authorizing the use of torture to interrogate prisoners and declaring the Geneva Conventions "quaint".[2] Gonzales' appalling legal equivocations are in direct violation of international laws ratified by Congress, including the Geneva Conventions and the United Nations Convention Against Torture.[3]

As chief White House counsel, Gonzales' disregard for the law shamed our nation and outraged the world at Abu Ghraib and Guantanamo Bay. As a judge on the Texas Supreme Court, he took tens of thousands of dollars from Enron and handed down historic decisions in the company's favor.[4] As chief legal counsel to the State of Texas, he pushed for then-Governor Bush to sign the most death warrants of any governor in history, even executing the mentally retarded and foreign nationals who were not accorded their rights under international law.[5]

Simply put, the record and positions of Alberto Gonzales have already cost our nation dearly and render him unfit for the office of Attorney General. Please call your Senator today and urge them to oppose his nomination and show the world what America stands for.

Let us know you called by following the link below:

http://www.moveon.org/callmade17.html?id= 5065-2937355-nnODot4ACg0DHReos8jKJw

Thanks for all that you do.

--Ben Brandzel, Eli Pariser, and the whole MoveOn.org Team
Monday, January 31st, 2005

(1) When asked by Senator Durbin whether the President could bypass the law to authorize torture, he replied "I guess I would have to say that hypothetically that authority may exist."
http://www.moveon.org/r?r=635

(2) When asked by Senator Leahy if he still supported the memo written at his request authorizing extreme measures such as "waterboarding" and unlimited psychological humiliation such as occurred at Abu Ghraib, Gonzales responded "I don't have a disagreement with the conclusions then reached by the Department."
http://leahy.senate.gov/press/200501/012605.html

(3) The Convention on Torture clearly states: "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 of torture". While one of Gonzales' memos read "Gonzales' legal memo advised the president he had the authority "to approve almost any physical or psychological action during interrogation, up to and including torture."
http://www.hrweb.org/legal/cat.html
http://www.unhchr.ch/html/menu3/b/91.htm

(4) New York Daily News, February 2, 2002

(5) Center for American Progress
http://www.moveon.org/r?r=636

The People's Email Network Update Newsletter

We just set up a new server to handle your many messages

Who would have believed there would be a party line vote on the Alberto
Gonzales nomination in committee? It is only because so many of you
are speaking out already that this has happened. MALDEF, the Mexican
American Legal Defense and Education Fund, has stated they cannot support
his confirmation. The Congressional Hispanic has also declined to
endorse Mr. Gonzales for attorney general. But has Congress heard from you
yet? What do you think Congress should do?

http://www.usalone.com/gonzales.htm

Do you want our representatives in Washington to stand up for you more
often? We must back them up with our vocal support if we expect them
to fight for us on this or any issue. The People's Email Network
encourages you to speak out and keep speaking out, regardless of your
political position, until our representatives truly hear you.
We've already starting launching custom issue pages where you can
create your own policy initiative. It's a new dynamic menu effect you can
just drop into any webpage of your own. See the code in action at

http://www.usalone.com/action_center.html

Please post these links everywhere you can to everyone you know.

TIME FOR THE TRUTH

Help Alberto Gonzales Remember!



The Hebrew Prophet Micah declared that we are to “do justice, love mercy, and walk humbly with your God.” (Micah 6:8) Friends, this is a time to step up to DO JUSTICE!



At the recent confirmation hearings Alberto Gonzales, President Bush’s pick for Attorney General, said he did not remember some of the key details related to his role in shaping the administration’s policy on torture and prisoner abuse. Many of his anwers were imprecise at best and systematically evasive.


The U.S. Senate is about to vote to confirm Mr. Gonzales as the next Attorney General of the United States – our nation’s chief law enforcement official. Don’t the American People deserve clear, honest, and unambiguous answers about our torture policy?



Please join us! Demand straight answers! What was Gonzales’ role in the framing of the Bush policy on torture that led to Abu Garhib and Guantanamo (not to mention countless unnamed acts that have not yet come to light?) What does Gonzales have to say about the key memos from his office that outline the use of torture, the disregard of the Geneva conventions, and his subsequent recommendations to President Bush while he served as White House Counsel?



We need you to do TWO THINGS:



1) . Urge that he return the Gonzales matter back to the committee for a Gonzalescomplete review. A copy of your note will be copied automatically to your Senators.



2) FORWARD THIS EMAIL TO YOUR FRIENDS AND COLLEAGUES and urge them to take action also. We need you to help us raise the volume in Washington so that our Senate will sit up and take notice.



Without this inquiry, we risk making a grave national mistake by appointing an Attorney General who may well have helped to fashion one of the most abhorrent policies in our nation’s history.



A vote is expected this week. Please act now to bring the facts to light. If we believe that torture is immoral, that our nation is called to be the standard-bearer – if we believe our national policies must be in solidarity with our neighbors around the world, then we MUST speak up so that the faithful voices of our nation are heard in Washington and around the world.



Thank you, and blessings to you,



Vince Isner

FaithfulAmerica

http://www.informationclearinghouse.info/article7934.htm

Center for Constitutional Rights Says Attorney General Designate's Testimony before the Senate Confirms His Role in Abu Ghraib Torture

http://www.freenewmexican.com/news/9946.html

US Human Rights Lawyers ask German court to texpand war crimes probe of US officials

it's all about perspective! many of those who brought the charges against clinton were(and are) sexually repressed or were cheating on their wives. In either case, apparently they were jealous of Bill getting a bj and conducting business at the same time!!! They can't multi-task like the master!!