Attorney general nominee Alberto Gonzales has more to answer for than just Abu Ghraib.
To his nomination as the first Hispanic attorney general of the United States, Alberto Gonzales brings an inspiring personal story and a blemished public record. His rise from immigrant poverty to the heady heights of power testifies to enduring American opportunity. Yet his performance as legal counsel in Austin and Washington has consistently eroded traditional American respect for the rule of law and the rights of the accused.
The historic elevation of Gonzales could ignite a long overdue national debate on how we treat those accused and convicted of capital crimes -- in particular, those whose guilt remains in doubt. At some point in the ineluctable rise of his public standing -- already he is being discussed as the next Supreme Court Justice -- Gonzales will have to answer for his alleged negligence in handling such cases years ago, when he served as counsel to then-Gov. George W. Bush.
As White House counsel, Gonzales has aggressively promoted policies that undermine civil liberties and international law on the treatment of prisoners. Although the soft-spoken lawyer usually remains in the background, as befits a Bush loyalist, he has left no doubt about his scorched-earth attitude toward prosecuting suspected terrorists and "enemy combatants": Jail them first and charge them later, or maybe never. In a now notorious January 2002 memo, he mocked the Geneva Convention and argued that the war on terror had rendered "obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions." Due to that quote, he will bear historic responsibility for the lasting damage done to American prestige by the awful abuses at Abu Ghraib prison.
Yet despite the continuing criticism of his role in legitimizing brutality and undermining the Bush administration's adherence to the Geneva Convention in the treatment of prisoners, Gonzales is almost certain to be confirmed by the Senate next year without serious trouble -- and not only because of the heavier Republican majority. Democratic senators respect Gonzales and regard his comparative moderation as at least a marginal improvement over the fervent extremism of John Ashcroft. (An active Catholic, he probably won't be ceremonially anointed with Crisco oil before assuming his new office, as Ashcroft once was.) With Hispanic voters acting as a "swing" bloc in national elections, the Democrats won't be eager to filibuster Gonzales, which would be the only way to forestall his confirmation. They will be reluctant to fall into the kind of ethnic trap set by Bush's father when he nominated Clarence Thomas to the Supreme Court.
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http://www.salon.com/opinion/conason/2004/11/13/gonzales/