Gonzales new US attorney general
George Bush’s nomination of Alberto Gonzales as the new attorney general, a former White House legal counsel, has proved to be yet another controversial decision by the US President.
The Senate confirmed the nomination of Gonzales who, in a January 2002 memo, described provisions of the Geneva Convention as “quaint” and “obsolete”, and encouraged the suspension of “prisoner-of-war” status for suspected fighters captured in Afghanistan, has provoked deep unease among a range of human rights groups.
This memo and another in August of the same year have exposed a climate of legal impunity, in which torture has been redefined to suit the requirements of US interrogators.
The US-based Center for Constitutional Rights went as far as to call Gonzales’ approval a “travesty,” taking one of the “architects of an illegal and immoral policy and installing him as the official who is charged with protecting our constitutional rights.”
A dozen ex-military officials have also protested against the decision. In an open letter to the Senate Judiciary Committee, they implored senators to ask tough questions of Gonzales, saying that he has encouraged operations that “fostered greater animosity toward the United States, undermined our intelligence-gathering efforts, and added to the risks facing our troops serving around the world.”
From Bush, however, Gonzales has received extensive accolades, for his “sharp intellect and sound judgment”, which have “helped shape our policies in the war on terror,” as he told reporters. “He always gives me his frank opinion”, said the President when delivering Gonzales’ nomination and also described him as “a calm and steady voice in times of crisis”, with an “unwavering principle of respect for the law.”
Most of the criticisms levelled at Gonzales relate to his aforementioned January memo, and a now infamous August 2002 memo by Justice Department lawyers, which Gonzalez was substantially involved in drafting, arguing that torture and even deliberate killing of terrorist suspects may be justified as necessary to protect the US.
It also, say critics, sought to avoid criminal penalties for US interrogators by setting the bar absurdly high for what can reasonably be considered “torture” – namely anything involving severe pain equivalent to that experienced during organ failure. The memo was publicly rescinded by a Justice department memorandum in December 2004 which declares acts of torture “abhorrent” and recognises international law.
Much criticism is also directed at Gonzales’ close links with the Bush administration, which seem to deeply compromise his integrity. Gonzales previously worked under Bush in Texas, preparing a brief report on every death row clemency request, where his failure to provide crucial information elicited a great deal of criticism.
In public Gonzales has been extensively backtracking in anticipation of his approval for the position. “Contrary to reports”, he declared during recent questioning by members of the senate, “I consider the Geneva Conventions neither obsolete nor quaint”; that the US “must be committed to preserving civil rights and civil liberties.” Regarding his role in drafting the controversial memos, he was vague and noncommittal – but he affirms that the provisions of the Geneva Conventions are still applicable in Iraq.
Nevertheless in the mind of many, Gonzales’ appointment is likely to extend the climate of abuse and legal impunity for many more years.
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