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Edited on Wed Feb-02-05 04:12 PM by Peace Patriot
(At first I thought this was Leahy, but it was't. Leahy turned the floor over to Reed. It was very methodical, very unemotional, very prosecutorial and devastating.)
--the Founders of our country did not create a new monarchy, they created a new form of government in which the Constitution is the supreme law of the land, not the Prez
--laws and treaty obligations are the way 'we the people' have agreed to rule ourselves, and the Prez, Senators, all fed and state officials, etc. are bound by oath to defend the Constitution
--Gonz's attitude toward the law of the land, the Constitution, makes him not fit to be AG
--I understand that Gonz created these policies in the fear after 9/11, had to face it realistically, cold war doesn't apply, had to take preemptive action, did so in Afghanistan, but the threat did not exempt us from the Constitution, that's one of its strengths, the law of the land and our hardwon international agreements cannot be ignored or trivialized, espec. rules needed during the fury of war… (describes the suspicion, fear, disorder and violence of war…)
Shakespeare: "Cry havoc and let slip the dogs of war!" (Henry V?)
Quotes Abe Lincoln, on war, and on the awful revenge and retaliation, and fear, that occur even among honest men
--Bush & Gonz's guidance to our soldiers in this situation is confused at best, and failed miserably in the crisis of war
--Gonz one of the architects of Bush policy on treatment of detainees in Afghanistan and Iraq--denied prisoners access to lawyer's and judicial review, and said Prez's authority as Commander in Chief overrides the law. WH counsel is supposed to weigh advice given to the Prez, Gonz allowed poor legal advice to be passed to Prez, and was deeply involved in devising policies that have undermined our standing in the world
--those who wrote the GENEVA CONVENTIONS had pretty much seen it all in WWII, all manner of abuse, and sought to cover all of it as prohibited; in 1996 War Crimes Act amended to say that any breach will be punished, some breaches even with the death penalty; prohibits arbitrary detention and cruel and degrading treatment; 1998, convention against torture said torture regardless of circumstances...sec. 2340 and 2340a...US code of laws
--also covered in the Unif. Code of Mil. Justice -UCMJ - article 93 forbids cruelty or maltreatment, 190-08 implements the Gen. Conv.
--in addition the Constitution contains prohibitions against cruel & unusual punishment – Gonz. solicited memos for exceptions, exemptions from these prohibitions, and sought arguments for what US officials COULD use re: torture without criminal liability- and created a complete redefinition of torture (behind closed doors). Cites top lawyer who testified to Judic. Committee: the Gonz. memo on torture is "the most clearly erroneous legal opinion he has ever read," would have exempted Saddam Hussein from torture charges, and turns Nuremberg on its head
--legal counsel to Prez should have immediately repudiated this interpretation, instead endorsed by G on legal opinion of Dept. of Justice as policy for the gov't
--cites the Achille Laurel, crew captured, tortured--under Gonz. memo, what they experienced would be NOT torture
--Gonz. maintained that US officials are not criminally liable for torture, and can claim necessity of self defense
--the Gonz. memos were rescinded only 4 wks ago, but were in effect for 2.5 years, and had extremely harmful effect on military and intel personnel. IF these memos were so wrong they had to be rescinded, why didn't G know it shouldn't be endorsed??
--Gonz. memo says that carrying out Prez's Commander in Chief (C in C) powers can be used as a defense for those who torture
---Gonz. put Prez and subordinates above the law, claiming that any regulation of military behavior in time of war would violate the CinC's power
--violates everything we know about the rule of law, and the Supreme law of our land
--Gonz. memo allows Prez to ignore all laws on torture--Prez gets to define (what torture is, and who gets tortured)
--Youngstown Sup Ct decision - Prez (FDR) could not seize steel industry during war – espec. against the express will of Congress
--Gonz.: asserts Prez's complete power over conduct of war; doesn't cite any precedents, because few or none exist
--but given these "overriding" Prez powers, where are the Prez's orders re: torture? If no Prez orders, can't all these folks be prosecuted who participated in torture?
--if Prez has such power, he has to issue orders - WHERE ARE THE ORDERS? --IF NO ORDERS, no immunity, according to this misinterpretation
--there are 20,000 private contractors in Iraq, currently liable under Gen. Conv on torture, and many employed by or accompanying the armed forces (—how are they immunized? by what instrument?)
--Gonz. created these C in C "override" powers - DoJ has had to back away from it (because it's illegal)
--in an Amer Bar Assc. speech – Gons. said Prez has not exercised his C in C override, but statement implied that he could--but there is no Constitutitonal principle for this
--Gonz. provided no ANSWERS on any of this
--Gonz. wouldn't say Prez could NOT suspend torture laws
--torture is "in the eye of beholder"—according to these memos
--AG: responsible for enforcing laws of our land, yet Gonz. agreed to new unchecked power to the Prez, and the creation of exemptions from the law
--wrong interpretation of our treaty obligations regarding protection of Taliban and Al Q POW??
--post WWII, 4 conventions's, created 6 classes of persons in war zone, most of them protected as POW, article 3 prohibits outrages on personal dignity, or inhumane or degrading treatment as the MINIMUM STANDARD for ALL detainees
---if their status is in doubt, the military authority or ruling gov't MUST convene tribunals - no tribunals were created--and human rights must remain in place at all times
--Gonz. granted the Prez "a Plenary power" to suspend all conventions in Afghanistan – Gonz. has exhibited a cavalier attitude re: answering questions about this
--Gonz. approved suspending War Crimes Act, and Geneva Conventions, one of the pro's of doing so being "flexibility" (not a legal argument)
--Powell objected, the Gonz. memos did not clearly present to the Prez that they were reversing over a century of US policy and practice, with high cost in international relations, and undermining cooperation with allies
--Gonz. created new untried interpretaton of law vs. 100's of years of effort toward the protection of prisoners
--3rd Geneva Conv requires tribunals – But Gonz./Bush maintained Genev doesn't apply to Al Q and Taliban (tho Taliban lawful gov't)
--Torguba (sp?) & Schlessinger reports: Gonz. caused confusion, disarray in Iraq, Sanchez authorized torture using Gonz. memo, created a permissive and compromising climate for soldiers, T & S recommended further defining detainee status, in accord with military doctrine and Gen. Conv.
--abuses still coming to light, the abuse is systemic, authorized by Prez on basis of Gonz. memos
--and one final troubling issue: "ghost detainees" – Gen. Conv. not enforced in Iraq, prohibition against movement, deportation, 10/2004 DoJ granted permission to CIAto move prisoners temporarily, and to deport illegal aliens (out of the way of the Red Cross); Gen. Convs. says Red Cross must have access, 2 Generals have said US hid prisoners from Red Cross
--SOMEONE is responsIBLE for these decisions. Will Gonz. pursue and prosecute?
--12 retired General and Admirals testified to Committe: Gonz. memos had significant role in treatment of prisoners, and undermined intelligence gathering, and added to risk of torture of US soldiers.
--cites religious groups against Gonz. for "sanctioning torture"
--cites top lawyers: Gonz. legal judgments paved the way for abuse
--grave doubt about Gonz.'s role at DofJ
--Hispanic groups against Gonz., he left too many questions unanswered, on enforcement of Voting Rts Act, Affirmative Action, due process for immigrants, role of local police in immigration law
--Founders of US were particulary concerned about power of Prez—as opposed to Congress or the courts or the states. AG doesn't just serve the Prez, he must protect and defend the Constitution above all
--Gonz. record shows he does not have judge necessary for top law enforcement job
(Note: Gonz. memo = Bybee memo--it was written for Gonz. and approved by him. There has also been reference to a 2nd Gonz. memo, came out more recently.)
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