By Mark Sherman
The Associated Press

Thursday 06 January 2006

Washington - The White House refused Thursday to provide senators additional documents on attorney general nominee Alberto Gonzales' role in the decision to allow aggressive interrogations of terrorism detainees. The top Democrat at Gonzales' Senate confirmation hearing said that questioning was "tantamount to torture."

"I hope things will be different if you are confirmed, Judge Gonzales," Sen. Patrick Leahy, D-Vt., told the former Texas Supreme Court justice.

Gonzales, who served as President Bush's White House counsel, pledged to abide by treaties that ban torture of prisoners, if he is confirmed by the Senate as the first Hispanic attorney general, while saying the foremost duty of the Justice Department is to protect the nation from terror attacks.

He faced questions from the Senate Judiciary Committee about his role in Bush's 2002 decision that the president had the authority to bypass international anti-torture accords.

Committee Chairman Arlen Specter, R-Pa., portrayed Gonzales as a rags-to-riches success story, and said his committee would closely scrutinize his involvement in the crafting of a January 2002 memo he wrote on the treatment of enemy prisoners and his role in crafting presidential orders on detainee policy.

"You know there are going to be times when the attorney general of the United States has to enforce the law of the United States. He can't be worried about friends or colleagues at the White House. His duty is to all Americans," Leahy said as Gonzales watched impassively.

With Republicans controlling the White House and both chambers of Congress, "I worry that our system of checks and balances may become short-circuited by too few checks on the executive branch," Leahy said.

Still, Leahy told the son of Mexican immigrants: "I want to make clear how inspiring your life story is."

"The road you traveled....all the way to the White House is a tribute to you and your family," Leahy said.

Nevertheless, the Vermont Democrat had harsh criticism for administration officials, including Gonzales' predecessor, John Ashcroft.

"Senior officials in the Bush White House, the Ashcroft Justice Department, the Rumsfeld Pentagon set in motion a systematic effort to minimize, distort and even ignore our laws, our policies and international agreements on torture and treatment of prisoners," he said.

He said the hearing provides an "opportunity for some accountability for the meltdown on longstanding U.S. policy on torture."

"Harsh treatment is tantamount to torture," Leahy said.

Despite the contentious statements by Leahy and other committee Democrats, Gonzales' nomination was expected to be confirmed by the GOP-led Senate.

Senate Democrats say the White House has refused to give them all of the memos and documents they need to trace how that decision was made so they can review Gonzales' role and how it would affect him as the nation's top law enforcement official.

"It appears that legal positions that you have supported have been used by the administration, the military and the CIA to justify torture and Geneva Convention violations by military and civilian personnel," said Sen. Edward Kennedy, D-Mass., in a statement prepared for the hearing.

"Memos you solicited, endorsed, approved or acquiesced in undermined longstanding traditions in our military and weakened important protections for our own troops serving abroad by violating the military's golden rule: that we treat captured enemy forces as we would want our own prisoners of war to be treated," Kennedy's statement said.

David Leitch, the White House's deputy counsel, told ranking Judiciary Democrat Patrick Leahy of Vermont in a letter released Thursday that the administration has already turned over all of the documents it plans to.

Gonzales faces criticism from Democrats concerning a January 2002 memo he wrote arguing that the war on terrorism "renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions."

A month later, Bush signed an order declaring he had the authority to bypass the accords "in this or future conflicts." Bush's order also said the Geneva treaty's references to prisoners of war did not apply to al-Qaida or "unlawful combatants" from the Taliban.

Some Gonzales critics say that decision and his memo justifying it helped lead to the torture scandal at Iraq's Abu Ghraib prison and prisoner abuses in Afghanistan and Guantánamo Bay, Cuba.

About a dozen people showed up to the hearing wearing T-shirts that said "Investigate Gonzales" on the front and "No To Torture" on the back.

Last June, the Justice Department withdrew its 2002 memos arguing that the president's wartime authority supersedes laws and treaties governing treatment of prisoners.

Gonzales has repudiated torture before. "The president has stated that this administration does not condone torture. If anyone engages in such conduct, he or she will be held accountable," Gonzales said in a White House online discussion on July 7.

Sen. John Cornyn, R-Texas, said Democratic criticism is partisan, and that it is settled law that Taliban and al-Qaida prisoners are not protected by the Geneva Conventions. "Now, I hate to ruin a good story for the President's political opponents. But there is one important problem with this criticism: Judge Gonzales is right," Cornyn said in remarks prepared for his introduction of Gonzales.

John Yoo, who helped write the key memo at Justice's Office of Legal Counsel that critics said appeared to condone torture, said Gonzales and top Justice officials did not attempt to influence or interfere with the content, although they were briefed on drafts.

Even Democrats say they expect Gonzales to be confirmed. Republicans control a Senate split between 55 Republicans, 44 Democrats and one independent.

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Attorney General Nominee Hit for Prisoner Policy
By Thomas Ferraro and Deborah Charles
Reuters

Friday 07 January 2005

Washington - U.S. attorney general nominee Alberto Gonzales faced blistering criticism on Thursday for his role in shaping administration policies blamed for contributing to the torture of terror suspects, which Democrats said had put Americans at greater risk.

"Those abuses serve as recruiting posters for the terrorists," Sen. Patrick Leahy of Vermont said at a Senate confirmation hearing for Gonzales, President Bush's White House counsel.

"America's troops and citizens are at greater risk because of those actions," said Leahy, the Judiciary Committee's top Democrat. "The searing photographs from Abu Ghraib (prison in Iraq) have made it harder to create and maintain the alliances we need to prevail."

At issue are a memo approved by Gonzales which said only the most severe types of torture were not permissible under U.S. and international agreements, and another he wrote that described parts of the half-century-old Geneva Conventions on the treatment of prisoners of war as "obsolete" or "quaint."

Republicans were quick to come to the defense of Gonzales, though a few voiced some concerns. Democrats conceded he had enough votes to be confirmed as the first Hispanic-American to serve as the nation's top lawman.

Republicans hope to have him confirmed before Bush is inaugurated for a second term on office on Jan. 20.

At the packed one-day hearing, Gonzales denounced torture and vowed, if confirmed, to abide by international treaties. "I want to make very clear that I am deeply committed to the rule of law," Gonzales said.

Chairman Arlen Specter, a Pennsylvania Republican, praised Gonzales and asked: "Do you approve of torture?"

"Absolutely not," replied Gonzales.

"Do you condemn the interrogators' techniques at Abu Ghraib shown on the widely published photographs?" asked Specter.

"Let me say, Senator, that as a human being I am sickened and outraged by those photos," Gonzales said.

Many of the questions focused on Gonzales' January 2002 memo on how the Geneva Conventions should not apply to Taliban and al Qaeda prisoners captured during the Afghanistan conflict.

Sen. John Cornyn, a Texas Republican, introduced Gonzales, a former Texas Supreme Court Justice, at the hearing, saying: "Now, I hate to ruin a good story for the president's political opponents. But there is one important problem with this criticism: Judge Gonzales is right."

Interrogation Memo Withdrawn

Gonzales was questioned about an August 2002 memo he approved - and which was recently withdrawn and replaced - that outlined how to avoid violating U.S. and international terror statutes while interrogating prisoners.

The memo was behind many of the harsh techniques inflicted on detainees at the U.S. Naval Base in Guantánamo, Cuba, and other locations. It was replaced last week with a memo giving a broader definition of what could be considered torture.

Republican Sen. Lindsey Graham of South Carolina told Gonzales he would vote for him but said, "When you start looking at torture statutes and you look at ways around the spirit of the law ... you are losing the moral high ground."

"The issue of your commitment to the rule of law is what most concerns us," said Sen. Edward Kennedy, a Massachusetts Democrat.

While critics say administration policies helped contribute to the abuses, Gonzales said, "Mistakes happen. Abuses occur. And we know that that's true in all conflicts."

But retired Adm. John Hutson, a former Navy judge advocate general appearing as a witness, testified: "I believe that the prisoners' abuses that we've seen ... found their genesis in the decision to get cute with the Geneva convention."

Gonzales would replace departing attorney general John Ashcroft, who has been widely criticized over his implementation of U.S. anti-terror legislation viewed by many as damaging to civil liberties.

Shortly before the hearing ended, Leahy asked Gonzales if he had made any mistakes in the war on terror?

"I'll be the first to admit I'm not perfect and I make mistakes," Gonzales said.

"Glory hallelujah," Leahy said. "You're the first one in the administration that said that."

Gonzales said, "Hopefully I have grown and I have learned. And I think if confirmed, it will make me a more effective attorney general."

Gonzales Defends His White House Record
By Dan Eggen and R. Jeffrey Smith
The Washington Post

Friday 07 January 2005

Nominee questioned on detainee policies.
Attorney general nominee Alberto R. Gonzales strongly defended his tenure as White House counsel yesterday, including his conclusion that the protections of the Geneva Conventions do not apply to alleged terrorists, and he suggested that the United States should consider renegotiating the international treaties to better wage its war on terrorism.

During a day-long hearing dominated by a debate over the Bush administration's detention and interrogation policies, Gonzales pledged to pursue any allegations of prisoner abuse in Iraq and Guantánamo Bay, Cuba, that fall within the Justice Department's jurisdiction. He said he would honor the obligations of the Geneva Conventions and other international agreements on the treatment of detainees.

"Torture and abuse will not be tolerated by this administration," Gonzales said. "I will ensure the Department of Justice aggressively pursues those responsible for such abhorrent actions."

But under often tough questioning from Democrats and some Republicans on the Senate Judiciary Committee, Gonzales said he could not recall key details of his involvement in the production of an August 2002 memo that narrowly defined the tactics that constitute torture. He also declined repeated invitations to repudiate a past administration assertion that the president has the authority to ignore anti-torture statutes on national security grounds.

Gonzales testified that while he disagreed with portions of the Justice Department memo, he could not recall whether he conveyed those objections to other government lawyers at the time. He said he did not quarrel with its general findings.

Gonzales said he could not remember who had requested the legal guidance on permissible interrogation tactics - many officials have said it was the CIA - but he acknowledged under questioning that high-pressure interrogation techniques were discussed in White House meetings at which he was present. Others have said the tactics included mock burials and simulated drownings.

The memo - which was used to formulate permissive Defense Department rules on interrogations - was withdrawn by the Justice Department after it was revealed publicly in 2004 and has since been rewritten, reaching starkly different conclusions.

"There was discussion between the White House and the Department of Justice as well as other agencies about what does this statute mean," Gonzales said, referring to a 1994 anti-torture law. "I don't recall today whether I was in agreement with all the analysis, but I don't have a disagreement with the conclusions then reached by the [Justice] department. Ultimately it is the responsibility of the department to tell us what the law means."

Republicans and many Democrats have said that they expect the GOP-controlled Senate to easily approve the appointment of Gonzales, 49, a longtime confidant of President Bush whose inspirational rise from poverty to Harvard Law School and the White House was cited by supporters yesterday.

His exchanges with senators touched on a wide variety of issues, from Gonzales's defense of the USA Patriot Act, an anti-terrorism law, to his acknowledgment that the Roe v. Wade decision that legalized abortion "is the law of the land." Several Democratic senators, who have had increasingly sour relations with Attorney General John D. Ashcroft, said they were hopeful that their relationship with Gonzales would be more productive.

But many Democrats and at least one Republican argued that Gonzales had participated in formulating policy that laid the foundation for the abuse scandals in Afghanistan, Iraq and Cuba, which have generated global outrage. Gonzales declined to answer many questions and said he could not recall details in relation to many others, prompting complaints from some Democrats on the committee.

"We're looking for you, when we ask you questions, to give us an answer, which you haven't done yet," Sen. Joseph R. Biden Jr. (D-Del.) told Gonzales. "I love you, but you're not very candid so far."

Gonzales said "it is appropriate to revisit" the Geneva Conventions, which provide an international standard of conduct for handling detainees during military conflicts. Gonzales disclosed that White House officials, including some lawyers, had held "some very preliminary discussion" about the idea, but he said "it's not been a systematic project or effort."

Gonzales did not say what revisions are under consideration, but he said they would not affect provisions requiring "basic, decent treatment of human beings."

An August report by a panel of experts appointed by the Defense Department endorsed the idea of adapting the 1949 conventions "to the realities of the nature of conflict in the 21st century." It particularly urged the creation of a legal category for detainees from terrorist groups, who presumably would not be afforded the same protections as other detainees. The International Committee of the Red Cross immediately condemned the idea of changing the Geneva Conventions.

Sen. Lindsey O. Graham (R-S.C.), who is a judge advocate in the Air Force Reserve, joined Democrats in criticizing some of the administration's conclusions on detention and interrogation policies. He said policymakers ignored the advice of seasoned military professionals.

"When you start looking at torture statutes and you look at ways around the spirit of the law . . . you're losing the moral high ground," Graham said. "Once you start down this road, it is very hard to come back. So I do believe we have lost our way, and my challenge to you as a leader of this nation is to help us find our way without giving up our obligation and right to fight our enemy."

Other Republicans on the committee strongly defended Gonzales, a counsel to then-Gov. George W. Bush and a former Texas Supreme Court judge, saying he was being unfairly used as a scapegoat by critics of the administration's anti-terrorism policies. Sen. John Cornyn (R-Tex.) said Gonzales's conclusion that al Qaeda and Taliban fighters are not protected under the Geneva Conventions is supported by other legal opinions. Cornyn characterized the 2002 memo on torture as "a memo he [Gonzales] didn't write, interpreting a law he didn't draft." The memo was written by the Justice Department's Office of Legal Counsel.

"President Bush and Judge Gonzales have both unequivocally, clearly and repeatedly rejected the use of torture," Cornyn said. "But is there anyone here today who would fail to use every legal means to collect intelligence from terrorists in order to protect American lives? I certainly hope not."

Four different senators tried to pin down Gonzales on the August 2002 memo's controversial assertion that a president had the power to authorize torture in unusual circumstances, but Gonzales deflected that, saying it was a "hypothetical question." A new memo issued by the Justice Department last month also avoided the question of presidential power.

At the same time, Gonzales did not rule out reaching such a conclusion in the future. "I would have to know what . . . is the national interest that the president may have to consider," he told Sen. Russell Feingold (D-Wis.).

Gonzales acknowledged under questioning from Sen. Edward M. Kennedy (D-Mass.) that he took part in discussions about the legality of high-pressure interrogation techniques. But he said it was not his "job to decide which methods of obtaining information from terrorists would be most effective" or whether such methods are prohibited by a 1994 law barring torture.

"That would be a job for the Department of Justice, and I never . . . influenced or pressured the department to bless any of those techniques," he said.

Kennedy responded that "just as an attorney, as a human being, I would have thought that . . . if there were recommendations that were so blatantly and flagrantly over the line in terms of torture, that you would have recognized them."

In response to a question from Sen. Richard J. Durbin (D-Ill.) about whether U.S. personnel could legally engage in torture under any circumstances, Gonzales said: "I don't believe so, but I'd want to get back to you on that and make sure I don't provide a misleading answer."

Gonzales expressed skepticism about the reliability of documents obtained in a lawsuit by the American Civil Liberties Union indicating that as many as 26 FBI agents had reported seeing the mistreatment of detainees at the Guantánamo Bay prison. He said that one FBI agent had asserted erroneously that a presidential order authorized aggressive interrogation techniques, and that "if something like that is wrong in these e-mails, there may be other facts that are wrong."