Gonzales approved torture, spying on Americans and firing U.S. attorneys

WASHINGTON, Sept. 20 — In an embarrassing turnabout, the Department of Justice backed away Wednesday from a denial by Attorney General Alberto R. Gonzales of responsibility for the treatment of a Canadian who was seized by American authorities in 2002. The man was deported to Syria, where he was imprisoned and beaten.

Asked at a news conference on Tuesday about a Canadian commission’s finding that the man, Maher Arar, was wrongly sent to Syria and tortured there, Mr. Gonzales replied, “Well, we were not responsible for his removal to Syria.” He added, “I’m not aware that he was tortured.”

Bush in jeopardy? Yes. The issue is torture, which George W. Bush authorized in a Feb. 7, 2002, memorandum in contravention both of the Geneva Accords and 18 U.S. Code 2441—the War Crimes Act that incorporates the Geneva provisions into the federal criminal code which was approved by a Republican-led Congress in 1996. Heeding the advice of Vice President Dick Cheney’s counsel, David Addington, then-White House counsel Alberto Gonzales and Assistant Attorney General Jay Bybee, the president officially opened the door to torture in that memorandum. His remarks yesterday reflect the determination of Cheney and Bush to keep that door open and accuse those who would close it of being "soft on terrorists."

The administration released that damning memorandum in the spring of 2004 after the photos of torture at Abu Graib were published. It provided the basis for talking points that the president wanted “humane” treatment for captured al-Qaida and Taliban individuals. And—surprise, surprise— mainstream journalists like those of The New York Times swallowed the bait, clinging safely to the talking points and missing altogether Bush’s remarkable claim that “military necessity” trumps humane treatment. That assertion, over the president’s signature, provided the gaping loophole through which Defense Secretary Donald Rumsfeld and then-CIA Director George Tenet drove the Mack truck of officially-sanctioned torture.

Editorial

The Gonzales Eight

Published: March 8, 2007

Americans often suspect that their political leaders are arrogant and out of touch. But even then it is nearly impossible to fathom what self-delusion could have convinced Senator Pete Domenici of New Mexico that he had a right to call a federal prosecutor at home and question him about a politically sensitive investigation.

That disturbing tale is one of several revealed this week in Congressional hearings called to look into the firing of eight United States attorneys. The hearings left little doubt that the Bush administration had all eight — an unprecedented number — ousted for political reasons. But it points to even wider abuse; prosecutors suggest that three Republican members of Congress may have tried to pressure the attorneys into doing their political bidding.

It already seemed clear that the Bush administration’s purge had trampled on prosecutorial independence. Now Congress and the Justice Department need to investigate possible ethics violations, and perhaps illegality. Two of the fired prosecutors testified that they had been dismissed after resisting what they suspected were importunings to use their offices to help Republicans win elections. A third described what may have been a threat of retaliation if he talked publicly about his firing.

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Congress must keep demanding answers. It must find out who decided to fire these prosecutors and why, and who may have authorized putting pressure on Mr. Cummins. And it must look into whether Senator Domenici and Representatives Wilson and Hastings violated ethics rules that forbid this sort of interference. We hope the House committee will not be deterred by the fact that Mr. Hastings is its ranking Republican. The Justice Department also needs to open its own investigation. Attorney General Alberto Gonzales’s claim that these prosecutors were fired for poor performance was always difficult to believe. Now it’s impossible.

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