Must Read: The Gonzales Indictment

[WilliamPitt]

http://www.truthout.org/docs_05/011905A.shtml

The Gonzales Indictment
By Marjorie Cohn
t r u t h o u t | Perspective

Wednesday 19 January 2005

Alberto Gonzales should not be the Attorney General of the United States. He should be considered a war criminal and indicted by the Attorney General. This is a suggested indictment of Alberto Gonzales for war crimes under Title 18 U.S.C. section 1441, the War Crimes Act.

COUNT I: Application of Geneva Conventions; Definition of Torture

On or about January 25, 2002 through January 16, 2005, Defendant ALBERTO GONZALES, Counsel to George W. Bush, the President of the United States of America, did write, commission and concur in memoranda that advocated conduct by United States military forces, amounting to war crimes under Title 18 U.S.C. section 1441 (The War Crimes Act ).

The War Crimes Act defines as war crimes: grave breaches of the Geneva Conventions, and violations of Article 3 common to the Geneva Conventions.

Section 130 of the Geneva Convention Relative to the Treatment of Prisoners of War (Third Geneva Convention) defines as grave breaches of that Convention: "willful killing, torture or inhuman treatment," and "willfully causing great suffering or serious injury to body or health."

It is well-established that Article 3 common applies to international as well as internal armed conflicts. Article 3 common provides that "persons taking no active part in the hostilities, including members of armed forces who have laid down their arms...shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria."

The following acts constitute violations of Article 3 common: "Violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture"; "outrages upon personal dignity, in particular, humiliating and degrading treatment"; and "the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court affording all the judicial guarantees which are recognized as indispensable by civilized peoples."

Article 5 of the Third Geneva Convention provides: "Should any doubt arise as to whether persons, having committed a belligerent act and having fallen into the hands of the enemy , such persons shall enjoy the protection of the present Convention until such time as their status has been determined by a competent tribunal."

Defendant ALBERTO GONZALES wrote, in a memorandum to President George W. Bush dated January 25, 2002, that the war against terrorism is a "new paradigm" that "renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions."

Defendant GONZALES wrote that the Third Geneva Convention should not apply to members of the Taliban and Al Qaeda who were captured after the United States invaded Afghanistan in October 2001. Defendant GONZALES also advised President Bush in that memorandum that he could avoid allegations of war crimes under The War Crimes Act by simply declaring that the Geneva Convention does not apply to members of the Taliban and Al Qaeda. Defendant GONZALES wrote that a determination of the inapplicability of the Third Geneva Convention would insulate against prosecution by future "prosecutors and independent counsels."

In apparent reliance on the advice in Defendant GONZALES' memorandum, and notwithstanding the requirement of Article 5 of the Third Geneva Convention that a "competent tribunal" determine the status of prisoners, President George W. Bush issued an order on February 7, 2002, specifying that the United States would not apply the Third Geneva Convention to members of Al Qaeda, and that as commander-in-chief of the United States, he had the power to suspend the Geneva Conventions regarding the conflict in Afghanistan, although he declined to suspend them at that time.

Defendant ALBERTO GONZALES commissioned the Office of Legal Counsel of the Department of Justice's memorandum dated August 1, 2002, which required that, in order to constitute "torture," the pain caused by an interrogation must include "injury such as death, organ failure, or serious impairment of body functions." This definition is contrary to The War Crimes Act and the Convention Against Torture and Other Cruel, Unusual or Degrading Treatment or Punishment, a treaty ratified by the United States.

Before the August 1, 2002 memorandum was issued, Colin Powell, Secretary of State, had counseled against its conclusions that the Geneva Conventions did not apply; he wrote that this "will reverse over a century of U.S. policy and practice in supporting the Geneva conventions, and undermine the protection of the law of war for our troops, both in this specific conflict and in general."

...more...

[two gun sid]

1. Get a warrant

and I'll personally serve it on his sorry ass.

[MSgt213]

2. I'm of the opinion because of this and TX Gonzales sucks as a lawyer

He shouldn't be giving legal advice to anyone in authority.

[WilliamPitt]

3. .

[Solly Mack]

4. Great article!

and wouldn't it be good

[AndyTiedye]

5. This is Where He Belongs

[WilliamPitt]

6. .

[merh]

7. Great article -- wish we could get someone to pursue the charges.

That would be great.

Thanks Will.

[Cleita]

8. The whole lot qualify as possible criminals.

So what can we do about it?

[Al-CIAda]

9. Tell Your Senator and Members of the Judiciary: Vote Your Values,

Gonzales
Tell Your Senator and Members of the Judiciary: Vote Your Values, Reject Gonzales
A reminder: keep the pressure on Senate Judiciary Cmte members by telling them to vote no on Alberto Gonzales.
Since LiberalOasis noted on Monday that key Dems remain publicly on the fence (and in turn, needed a big grassroots push), there’s been no change to that dynamic.
Values are not a mere buzzword to toss around.
They are “the foundation”. They are what you hold most dear. They “guide” your policies and actions every day.
So, if rejection of torture really is a value – a value that distinguishes Democrats from Republicans – it would dictate your vote on Gonzales.

MEMBERS
Link to Committee members' sites-
http://judiciary.senate.gov/members.cfm

Orrin G. Hatch
CHAIRMAN, UTAH
Patrick J. Leahy
RANKING DEMOCRATIC MEMBER, VERMONT
Charles E. Grassley
IOWA
Edward M. Kennedy
MASSACHUSETTS
Arlen Specter
PENNSYLVANIA
Joseph R. Biden, Jr.
DELAWARE
Jon Kyl
ARIZONA
Herbert Kohl
WISCONSIN
Mike DeWine
OHIO
Dianne Feinstein
CALIFORNIA
Jeff Sessions
ALABAMA
Russell D. Feingold
WISCONSIN
Lindsey Graham
SOUTH CAROLINA
Charles E. Schumer
NEW YORK
Larry Craig
IDAHO
Richard J. Durbin
ILLINOIS
Saxby Chambliss
GEORGIA
John Edwards
NORTH CAROLINA
John Cornyn
TEXAS



OTHER CONTACT INFORMATION:

United States Senate
Committee on the Judiciary
224 Dirksen Senate Office Building
Washington, DC 20510

Phone: [phone]
Fax: [phone]

[Stephanie]

10. Who was that in the hearings today talking about Nuremberg?

It was chilling. He said his father was an attorney at Nuremberg and they chose to hold the trials there for a reason. Because the Nazi laws were written at Nuremberg and they should be refuted at Nuremberg. Sorry I just caught a bit on the radio and I don't know who said it.

I can't believe this is happening to my country. It's shameful. Bush has ceded the moral authority of America.