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Abu Ghraib: One of Al's Claims to Fame
The abrupt resignation of Alberto Gonzales as United States attorney general on Monday morning was not soon enough. But the policies and politicization of justice that have been his hallmark remain. From torture, warrantless wiretapping and the firing of U.S. attorneys to the expansion of powers of the executive branch, Gonzales has been a dogged enforcer and defender of the most egregious policies of the Bush/Cheney administration.
Take torture. In January 2002, Gonzales wrote a memo calling some provisions of the Geneva Conventions "quaint." After that came the notorious August 2002 Bybee memo, which served as the legal basis for the harsh interrogation techniques subsequently revealed in the Abu Ghraib photos.
The memo argued that any interrogation technique would fall short of torture if it did not cause pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure, impairment of bodily function or even death." It allowed anything less than "significant psychological harm of significant duration, e.g., lasting for months or even years." Gonzales allowed the CIA and the Pentagon to use the Bybee memo as the basis of their operational directives, allowing harsh interrogations while protecting their officers from possible prosecution for war crimes.
This led to practices like the use of dogs in interrogations. Former U.S. Army interrogator Tony Lagouranis recalled his use of dogs in Iraq: "We were using dogs in the Mosul detention facility, which was at the Mosul Airport. We would put the prisoner in a shipping container. We would keep him up all night with music and strobe lights, stress positions, and then we would bring in dogs. The prisoner was blindfolded, so he didn't really understand what was going on, but we had the dog controlled." Not so quaint.
As I watched television news coverage of the Gonzales resignation, with the volume off, they were showing images of dogs. The bottom of the screen read, "Pleads Guilty." I wondered, were the networks telling the truth about the legacy of Gonzales? I turned up the volume. The report was about quarterback Michael Vick and his dogfighting scandal. I heard President Bush use the phrase "dragged through the mud." Was he talking about what happened to detainees? No, just the reputation of the last of his Texas cronies to leave the White House.
The U.S. attorney scandal that most believe was the reason that Gonzales resigned (his one-minute, 40-second press statement gave no hint as to why he left) will continue to dog him. House Judiciary Chair John Conyers promises that hearings into the firings will go on: "This does not release him from any obligation to respond to our invitations to come or to be subpoenaed or to be held in contempt. You needn't be an investigator or a congressperson to understand that. And so, this doesn't change anything."
Nothing changes for Bush, either. On the same day as the resignation, Bush was at a fundraiser for Sen. Pete Domenici, R-N.M., the senator implicated in provoking the firing of U.S. Attorney David Iglesias. Not many know that Iglesias, as a young military "JAG" lawyer, prosecuted a case that was later made into the movie "A Few Good Men." Iglesias' character was played by Tom Cruise.
Nothing changes for the prisoners at Guantanamo or at the CIA "black sites," either. They are still denied habeas corpus, still subjected to the enhanced interrogation techniques that include sleep and sensory deprivation. The Center for Constitutional Rights, the nonprofit, public-interest law firm that is representing hundreds of Guantanamo prisoners, conditioned its welcome of the resignation:
"Gonzales was instrumental in paving the way for the abuse and atrocities at Abu Ghraib. Additionally, his tenure as White House legal counsel and then as attorney general was marked by naked hostility to civil liberties and an alarming disregard for the U.S. Constitution and international law. Guantanamo continues, as do torture, wiretapping, secret CIA sites, rendition and illegal trials."
U.S. Solicitor General Paul Clement has been named to serve as acting attorney general. Who will be appointed to replace Gonzales for the rest of Bush's term remains an open question. It would follow the cruel logic of the Bush administration to appoint Michael Chertoff, the head of the Department of Homeland Security, who failed the people of New Orleans and the Gulf Coast so miserably, on or around the second anniversary of Hurricane Katrina.
Whoever Bush appoints will have a heckuva job before him.
Amy Goodman is the host of "Democracy Now!," a daily international TV/radio news hour airing on 500 stations in North America.
© 2007 Amy Goodman; distributed by King Features Syndicate



12 Comments so far
Show AllIf Chertoff becomes AG, will he allow his 'gut' to influence his decisions?
Famous last words:
"John Conyers promises..."
#cruz_ctrl
If CHertoff is made AG he will be using his (Pat. pending) Cherty-Sense to foil the plans of citizens who resist the use of rigged election machines and denying voters who may have shoplifted at the age of 10. That is when he isn't doing his corporate master's will.
Sure would be nice if at least ONE of Bush's picks respected and supported the Constitution and rule of law.
couldn't bush just assume the responsibilities of AG? then he could take that long vacation he's so deserving of.
Alberto Gonzales served faithfully as Enabler in Chief to insulate George Bush from getting candid legal advice about US Constitutional law, international law, and federal statutory law that conflicted with the White House's political agenda.
The 2002 Gonzales torture memo stands as Exhibit A. In it, as chief White House counsel Mr. Gonzales advised Bush to issue a secret Presidential declaration that all those taken into US military custody in the Afghanistan campaign were neither fish nor fowl, soldiers nor criminals, but rather something called "enemy combatants" that were covered by neither the Geneva Convention POW protections, nor by the ordinary safeguards given federal suspects charged even with committing mass murder.
The Gonzales memo candidly urged George Bush to engage in this act of sophistry for two reasons: to preserve the President's "right" to use this tool in future campaigns in the global war on terror (Iraq, perhaps?), and to erect a "good defense" for those who were going to be doing the detaining, rendering, and torturing if some "future special prosecutor" should bring criminal charges against them under the federal anti-torture felony statute or under international law.
Rarely has the instrumental role of one lawyer's written legal opinion in furthering the future commission of a crime been so clearly established. State Department legal professionals, JAG attorneys, various US Bar Association groups, and of course the entire international legal community arose in unanimous condemnation of such insipid legalism. Nonetheless, Little George's 2002 decision tracking Gonzo's advice remained official US policy, begetting Abu Ghraib, the rendition scandals, and the endless Gitmo military tribunal litigations.
A primary priority for Congress when it reconvenes in September should be to repeal the immunity granted the torturers (and their supervising policy makers) in the shameful 2006 Military Commissions Act passed right before the last GOP-controlled Congress recessed. Like repeal of the Iraq war Authorization for Use of Military Force resolution, this is something the new Democratic Congress should do if it is serious about repudiating the lawless excesses of the not too distant past.
For Antonio Gonzales was surely right about one thing: future prosecutors (special prosecutors or ordinary Justice Department sorts) may indeed in the near future conclude that prosecutable felonies were indeed committed deep in the bowels of the Bush torture gulag, and perhaps also at its highest policy making and supervisory levels.
So maybe we'll finally get a test case to see just how "good" a defense that infamous legal memorandum supposedly created.
Bill from Saginaw
Why would anyone congressmen not demand a fair-minded individual be appointed attorney general. Naturally this means they should oppose at least the first 10-20 bush nominations. I enjoyed bushes speech in Seattle he called himself the definition of evil.
We Love you Amy keep up the good work!
Do the phrases "Nuremburg Trials" and "Good German" remind anyone of once-upon-a-time consequences for such actions that Amy quite correctly portrayed as unchanging?
The electorate can't be permitted to allow the blame for Gonzales, torture, etc., to fall merely on Bush's shoulders. The Republican party, with very few dissenters, absolutely supported all these policies, and most of the Demcoratic leaders were merely mouthed in opposition, seldom if ever voicing the outrage at these corrupt and fascist practices.
is there any wonder there are assassins.
No person Bu$h the inferior selects should be confirmed. He can't afford to allow any moral or independent thinking person in that position.
Support the Vichy Democrats. They'll fix everything.
The senate should not approve anyone the bush appoints. The Justice Dept. is in such disarray now, it might as well stay that way until the next administration (might) fill positions with competent, ethical, effective people. Whomever bush offers up will necessarily be a weak fool, or worse.