A Thinking Reed

"Man is but a reed, the most feeble thing in nature, but he is a thinking reed" – Blaise Pascal

Ahead of the curve

In light of the current calls for AG Alberto Gonzales’ resignation/firing, I’d like to point out that I was an early adopter of anti-Gonzalesism.

One response to “Ahead of the curve”

  1. Michael Westmoreland-White

    I don’t think Gonzales should resign. It lets him off the hook. He should be impeached and tried so that he can not be recycled into another GOP admin. I count 4 articles of impeachment:

    U.S. Attorney General Alberto Gonzales should be impeached for the following reasons:

    COUNT I: Application of Geneva Conventions; Definition of Torture

    On 1/25/02, Gonzales wrote a memo to President Bush authorizing the commission of war crimes by claiming the war against terrorism “renders obsolete Geneva’s strict limitations on questioning of enemy prisoners and renders quaint some of its provisions.”

    On 8/1/02, Gonzales commissioned a memo to President Bush which defined “torture” only as an interrogation that causes “injury such as death, organ failure, or serious impairment of body functions.” This definition is contrary to The War Crimes Act and the Convention Against Torture and Other Cruel, Unusual or Degrading Treatment or Punishment, a treaty ratified by the United States. Although this memo was retracted on 12/30/04, it remained in effect for over two years and authorized an unknown number of acts of torture.

    Gonzales knew or should have known that, pursuant to memoranda written by, commissioned or concurred in by him, prisoners in United States custody would be subjected to willful killing, torture or inhuman treatment; and great suffering or serious injury to body or health, in violation of The War Crimes Act.

    COUNT II: Military Commissions

    Between 9/11/01 and 11/13/01, Gonzales helped draft the Military Order establishing the Military Commissions, signed by President Bush on 11/13/01. This order mandated conduct by members of United States military forces which constitute war crimes under The War Crimes Act.

    Gonzales knew or should have known that the Military Commissions, in whose creation he participated, would deprive prisoners in United States custody who will be tried before them, of the rights of fair and regular trial prescribed in the Third Geneva Convention and Article 3 common to the Geneva Conventions.

    On 1/18/07 Gonzales testified before the Senate Judiciary Committee that the U.S. Constitution does not provide the right to habeas corpus, but rather only bars the government from taking that right away (except in the case of rebellion or invasion). This logic would overturn many of the rights that U.S. law has based on the Constitution for over two centuries, as well as overturning rights positively expressed in the Sixth Amendment.

    COUNT III: Illegal Domestic Surveillance

    Since the inception (date unknown) of the Bush Administration’s warrantless wiretap program, Gonzales has defined, condoned, concealed and defended the administration’s continued violations of the Foreign Intelligence Surveillance Act and the Fourth Amendment to the US Constitution.

    On 2/6/06, Gonzales testified before the Senate Judiciary Committee that the Authorization for the Use of Military Force enacted by Congress on 9/18/01 authorized warrantless domestic surveillance. However, the secret programs may have been launched earlier, the AUMF did not grant the President the right to violate FISA and the Fourth Amendment, and Congress has since amended FISA four times without granting the President those rights.

    On 1/17/07, Gonzales informed Congress the illegal wiretapping was approved by an unnamed Judge of the FISA Court without providing any evidence that illegal acts had actually ended.

    Count IV: Political firings of U.S. Attorneys–often apparently with the intention of obstructing justice.

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