Alberto "what Geneva Convention?" Gonzales

From WorkingForChange.com, on the comfirmation process for US Attorney General nominee Alberto Gonzales:

Robert Scheer
Creators Syndicate
01.05.05

Backing Gonzales is backing torture
Is there bipartisan congressional support for torture?

Thursday, the Senate Judiciary Committee begins hearings on the confirmation of White House Counsel Alberto Gonzales as the next attorney general of the United States. At stake is whether Congress wants to conveniently absolve Gonzales of his clear attempt to have the president subvert U.S. law in order to whitewash barbaric practices performed by U.S. interrogators in the name of national security.
Gonzales ignored the objections of State Department and military lawyers to strongly endorse the determination of Justice Department lawyers that neither the Geneva Convention nor corresponding U.S. laws on prisoner protections should be applied in the "war on terror."

"In my judgment, this new paradigm renders obsolete Geneva's strict limitations on questioning of enemy prisoners and renders quaint some of its provisions," Gonzales wrote in a legal memo to President Bush on Jan. 25, 2002. Declaring the war-on-terror prisoners exempt from the Geneva Convention, he argued, "substantially reduces the threat of domestic criminal prosecution under the War Crimes Act."

Acting like a sleazy attorney advising a client on how not to be convicted of an ongoing crime, Gonzales was apparently not worried about irrational foreign courts or high-minded jurists in The Hague, but rather U.S. prosecutors who might enforce federal laws that ban torture of foreign prisoners of war. Indeed, Gonzales made the case for a legal end run around the 1996 War Crimes Act, which mandates criminal penalties, including the death sentence, for any U.S. military or other personnel who engage in crimes of torture.

"It is difficult to predict the motives of [U.S.] prosecutors and [U.S.] independent counsels who may in the future decide to pursue unwarranted charges based on Section 2441" of the act, Gonzales wrote. "Your determination [that Geneva protections are not applicable] would create a reasonable basis in law that Section 2441 does not apply, which would provide a solid defense to any future prosecution."

In light of what we have learned since about the rationalization and use of torture by U.S. interrogators over the last three years, it is difficult to ignore the possibility that Gonzales already had knowledge that such violations had occurred and expected more.

Read the full article here.