By Don Knowland, wsws.org
At his confirmation hearing before the US Senate Judiciary Committee on January 5, Alberto Gonzalez, chief legal counsel to President Bush and his nominee for attorney general, purported to express abhorrence of torture. A few days earlier, the Department of Justice trotted out a new legal opinion claiming the government would continue to honor US and international legal prohibitions on torture. This new opinion departed from the 2002 position of the Justice Department, solicited by Gonzalez, that the president, in time of war, could ignore such restrictions.
The actual position of the US government on the subject of torture was on display the previous month during hearings in federal court on habeas corpus actions brought by 54 prisoners at the US military base in Guantanamo Bay, Cuba. The prisoners are challenging their continued detention after three years without charges or trial.
The government’s position at these hearings was that evidence obtained by means of torture can be used in determining whether to detain a foreign suspect indefinitely as an “enemy combatant” in the “war on terror.”
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http://www.wsws.org/articles/2005/jan2005/guan-j11.shtml