Ex-Military Lawyers Object to Bush Cabinet Nominee
By NEIL A. LEWIS
Published: December 16, 2004
WASHINGTON, Dec. 15 - Several former high-ranking military lawyers say they are discussing ways to oppose President Bush's nomination of Alberto R. Gonzales to be attorney general, asserting that Mr. Gonzales's supervision of legal memorandums that appeared to sanction harsh treatment of detainees, even torture, showed unsound legal judgment....
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Mr. Gonzales, as White House counsel, oversaw the drafting of several confidential legal memorandums that critics said sanctioned the torture of terrorism suspects in Afghanistan and Guantánamo Bay, Cuba, and opened the door to abuses at the Abu Ghraib prison in Iraq.
A memorandum prepared under Mr. Gonzales's supervision by a legal task force concluded that Mr. Bush was not bound either by an international treaty prohibiting torture or by a federal antitorture law because he had the authority as commander in chief to approve any technique needed to protect the nation.
The memorandum also said that executive branch officials, including those in the military, could be immune from domestic and international prohibitions against torture for a variety of reasons, including a belief by interrogators that they were acting on orders from superiors "except where the conduct goes so far as to be patently unlawful." Another memorandum said the Geneva Conventions did not apply to the conflict in Afghanistan....
http://www.nytimes.com/2004/12/16/politics/16jag.html?oref=login