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http://capwiz.com/fconl/issues/alert/?alertid=6757941

FCNL Action Alert:
Challenge Gonzales Nomination as Attorney General!

The Senate Judiciary Committee will begin hearings on Alberto Gonzales’
nomination on Wednesday, Jan. 5, 2005. Following Judiciary Committee
approval, the nomination will be considered on the floor of the Senate. As
White House Counsel, Alberto Gonzales was an architect of the
administration’s policies on “enemy combatant” status, indefinite
detention, and military tribunals. He was responsible for the
administration’s policy about the use of torture by U.S. personnel,
drafting at least one memo that narrowed the definition of torture so as
to approve of U.S. forces conducting interrogations with techniques
previously considered illegal.

ACTION: Please call, e-mail, or fax your senators today. It is especially
important to contact those senators on the Senate Judiciary Committee.
However, because the Judiciary Committee refers the nomination to the
entire Senate, contact with your senators is important even if they are
not on the Judiciary Committee. To see a list of Senate Judiciary
Committee members, follow this link: http://snipurl.com/bqce and select
that committee from the pull-down menu.

Urge them to fulfill their constitutional duty by participating in
thorough, comprehensive confirmation hearings and full Senate
consideration of this nomination.

Although it is unlikely that Alberto Gonzales’ confirmation can be
prevented, it is of utmost importance to have a thorough Senate airing of
these issues, alerting the press and public to Alberto Gonzales’
professional philosophy, past actions, and commitments (or avoidance of
commitments) that will guide his tenure as Attorney General.


BACKGROUND:
After the November 2004 election, Attorney General John Ashcroft resigned,
and President Bush nominated White House Counsel Alberto Gonzales to be
attorney general. As counsel to the President during the post-Sept. 11,
2001, period, Alberto Gonzales participated in drafting legal memos to
narrow the definition of “torture,” attempting to legally justify the
brutal treatment of people detained under U.S. control. He was the
architect of the President’s use of the designation “enemy combatant” and
approved of the President’s application of that designation, even for U.S.
citizens arrested in the United States, without court or congressional
oversight. His office authored the opinion that the Geneva Conventions are
not applicable to al Qaeda combatants, and that military tribunals without
due process protections are adequate for adjudication of detainees at the
Guantanamo Bay Prison facility.

As White House Counsel, Alberto Gonzales had the role of advising and
assisting the President about policies intended to enhance the President’s
policy determinations and Executive branch power. And, as counsel to the
governor, Alberto Gonzales served then-Gov. Bush in the same relationship.
If confirmed as attorney general, Alberto Gonzales would have to pay a
completely different role – that of the chief law enforcement officer in
the U.S. As such, would he remain a quasi-counsel to the President, a
loyal cabinet officer and legal apologist, or would he make the transition
to a very different, independent role? Would he honor the rule of law,
rather than the rule of men, in the chief law enforcement role? Would he
honor U.S. treaty commitments concerning torture and other human rights
transgressions? Would he submit to congressional oversight and respect the
opinions of the courts?

Senators have a constitutional duty to carefully review the individual
that the President nominates to be attorney general. They should
participate in thorough, comprehensive confirmation hearings and full
Senate consideration of this nomination. They should ask Alberto Gonzales
about the memos he helped draft, in which he argued that the definition of
torture should be changed so that brutal interrogation techniques would be
considered acceptable. They should ask him about his participation in the
drafting and execution of the Executive Order claiming that the President
has the right to designate, without due process or oversight, individuals
as “enemy combatants” – even U.S. citizens. They should ask him about his
approval of the policy and procedures involved in the “military tribunal”
proceedings being conducted at the Guantanamo Bay prison in Cuba. They
should ask him what differences he perceives between the role of counsel
to the President and that of U.S. Attorney General, and whether he can
commit to fulfilling his responsibilities as the head of U.S. law
enforcement. And, they should ask him how he would handle the conflict of
interest inherent in investigations and prosecutions of his White House
colleagues?

For “talking points” about the President’s choice of Alberto Gonzales to
serve as Attorney General of the United States, go here:
http://snipurl.com/bqcg

_____________________________

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