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August 27, 2007

Gonzales' failure as Attorney General

In what must be a collective relief for both the nation and the Bush administration, Attorney General Alberto Gonzales has resigned today. Ever since Gonzales was announced to be the Bush appointee for the position vacated by John Ashcroft, he has been beleaguered by scandal after scandal. In honor of Gonzales' resignation, let us take a look at his failure in office:

The Torturing "Yes-Man"

In nominating Alberto Gonzales to be the next attorney general, President Bush has selected a man with a long record of giving him the kind of legal advice he wants. Unfortunately, that advice has not always been of the highest professional or ethical caliber.

Gonzales is perhaps best known for a controversial January 2002 memorandum to the president in which he argued that Geneva Convention proscriptions on torture did not apply to Taliban and al Qaeda prisoners, and that the conventions are, in fact, "obsolete."

The main criticism about Gonzales coming before his nomination was the fact that Gonzales seemed less concerned with the law than his loyalty to Bush. Cronyism in the Bush administration has been rampant, and Gonzales seemed to expound upon this trend. For an Administration that has shown contempt to dissent, having an Attorney General unwilling to uphold the law against what might be antithetical to the Bush agenda was a real concern for lawmakers in Congress--and for good reason.

Secondly, Gonzales' "torture memo" painted a clear picture of how Gonzales felt about the controversial interrogation methods pushed by the Bush administration. With the Attorney General standing in favor of these methods, Bush would have had little opposition to maintaining the controversial tactics, despite violating basic human rights and previous international agreements.

Perjury and Warrantless Wiretaps

The allegations of perjury leveled by Senate Democrats this week against Attorney General Alberto Gonzales revolve around the varied recollections concerning a deeply controversial and once top secret surveillance program.

In sworn congressional testimony on multiple occasions, the attorney general said there was no internal dissent among administration officials about the program and the surveillance was not at the center of a tense meeting in March 2004. Starkly different accounts have emerged of the same events and discussions.

When knowledge of Bush's warrantless wiretap program surfaced, Gonzales was quickly thrown into the fray because of allegations that he helped to orchestrate the highly questionable program. Gonzales constantly impeded the progress of the investigation into the program, and even went as far as to perjure himself on the circumstances of the program. In one hearing, Gonzales repeated some variation of "I don't remember" at a comedic rate.

Whether or not Congressional investigators pursue Gonzales for perjury is yet to be seen, as that his resignation changes the circumstances. One can only hope that if indeed the head of the justice system is found to be lying under oath, proper action will follow.

Denial of Habeas Corpus

One of the Bush administration's most far-reaching assertions of government power was revealed quietly last week when Attorney General Alberto Gonzales testified that habeas corpus -- the right to go to federal court and challenge one's imprisonment -- is not protected by the Constitution.

"The Constitution doesn't say every individual in the United States or every citizen is hereby granted or assured the right of habeas,'' Gonzales told Sen. Arlen Specter, R-Pa., during a Senate Judiciary Committee hearing Jan. 17.

Gonzales acknowledged that the Constitution declares "habeas corpus shall not be suspended unless ... in cases of rebellion or invasion the public safety may require it.'' But he insisted that "there is no express grant of habeas in the Constitution.''

One can always decry the subversive attacks to the Constitution from Cheney or Bush; however, none come as blatantly as Gonzales' denial of the right to habeas corpus, or rather the right to defend yourself against charges in a public court. The fact that a U.S. attorney, nonetheless the head U.S. attorney, would admit to such a thing has legal experts and American citizens confounded.

For the head of the U.S. legal system to deny the right of habeas is by far the most disgusting affront to liberty and freedom Americans had seen from an Administration dogged by allegations of Constitutional infringements.

The Firings of Eight U.S. Attorneys

The testimony appeared to contradict statements Gonzales made during a March 13 news conference. "So far as I knew, my chief of staff was involved in the process of determining who were the weak performers," Gonzales said. He said he was "not involved in seeing any memos, was not involved in any discussions about what was going on."

New York Sen. Charles Schumer, one of the panel's leading Democrats in the investigation, said, "The credibility of the attorney general on this issue has been more or less shattered."

One of the final blows to the credibility of Gonzales was his contradicting role in the firing of eight U.S. attorneys. Many claim that since the attorneys serve at the behest of the president, he may do with them as he wishes. However, firing U.S. attorneys for political reasons is illegal, and this is what many in Congress allege to be the motivation behind the firings. Gonzales claims that the firings were all done based upon performance, despite the majority of these attorneys having positive performance reports from previous reviews.

All in all, Gonzales' stint as Attorney General was one train wreck after another. Gonzales seemed to care little about the Constitution and maintaining law within the United States. Instead, this Bush crony sidestepped the law in order to preserve and progress the President's agenda. In light of his firing, I think the U.S. can breath a collective sigh of relief.

Gonzales represented the disastrous consequences of appointing a patsy to a position of power, and the attempt to protect his agenda through such methods blew up in Bush's face. Because of Gonzales' contempt for truth or justice, his intimate ties to the Bush administration have left Americans even more suspicious of their government.

At least with his departure, our civil liberties are a little bit safer for now.

Posted by Andrew Davis at August 27, 2007 04:11 PM

Reader Comments:

It's funny that these conservative radio hosts are for such programs, but when the tables are turned and these programs are used against them: they start turning to us to repeal them.

Posted by: Shane Skekel at August 27, 2007 07:17 PM

http://actionlyme.org/FBI_WIRETAPE_TAPES.htm

Posted by: David Raymond Amos at August 27, 2007 08:56 PM

I am surprised to see that nobody here has yet commented on a delicious irony of the Gonzales resignation. He said in his speech this morning that his resignation would be effective on September 17th, which will be the 220th anniversary of the signing of the Constitution. How wonderful that we can celebrate the Constitution on the same day that we celebrate the departure from power of one of the people it was designed to thwart.

Posted by: James Anderson Merritt at August 28, 2007 01:51 AM

Hooray for now

Posted by: Mr. Liberty at August 28, 2007 10:37 AM

Hooray until King George appoints the next shill. You don't think the next guy will be any better, do you?

Posted by: Coach Jim at August 28, 2007 11:34 AM

Jim: I don't see how he couldn't be. I mean, Gonzalez was just plain damned //incompetent// -- even for an evil overlord wannabe. At least a competent schemer would have the **appearance** of obeying the law.

Posted by: IConrad at August 28, 2007 03:50 PM

I think that until the American people think they want freedom, we will have low level fascists in power. The American people (as a majority) will never want freedom. But, as Ronald Reagan noticed, the American people can be herded towards freedom, so long as they really do not think it will be given to them in full.

The American people are scared of complete individual freedom (no slavery or illegitimate coercion of any kind). They are afraid they will not succeed, and that there will be noone there to help them when they fail. They therefore give away what is necessary to give themselves a truly robust "safety net" to anyone who is a scheming power-luster.

Reagan promoted individual freedom in vague terms, while also offering the stupid and misdirected (by "public education") masses the "welfare" (communism), and "drug war" (bigotry) they wanted. He made them feel good about themselves, without forcing them to actually be good.

That is a winning electoral strategy.

Wouldn't it be great if an actual libertarian realized how to implement this electoral strategy, and even get a portion of the percentage that Reagan got?

It would be a night and day difference in American politics literally over night (pre-election to post-election).

In summary: Winning individual freedom with electoral politics is only possible to the degree that 51% of the voters vote for individual freedom. Voters in America have proven that they can be tricked into voting for freedom in general terms and on certain issues, but have also shown themselves to have NO CONSISTENT PRO-FREEDOM PHILOSOPHY. They also don't mind voting for contradictions.

I suggest we nominate a candidate at our next convention who is smart enough to understand this fact. I have someone in mind.

Q: How does this tie into the Gonzales resignation?

A: Who holds the title of "Attorney General" does not matter. It is always someone who was once a prosecutor. It is always someone who is in direct and hostile opposition to the fundamental principle of jury trial, as won by the levellers (instituted into common law, and taken for granted in the 6th amendment to the US Constitution) and lost (in America) by the Supreme court case Sparf V. Hansen.

As such, America will be less and less free until:

1) The Libertarian Party runs candidates who know how to talk, and who can get on TV. Candidates such as Wayne Root. http://www.rootforamerica.com

and/or

2) A minority of intelligent libertarians allies with each other (even in a decentralized and intelligently-disconnected way) and engages in any of several viable plans to regain liberty for the USA. (These viable plans do not necessarily contain the use of retaliatory force, they can also focus on regaining control of some kind of former check or balance on the existing system, such as the jury / jury rights / enacting a fully-informed jury amendment)

and / or

3) (People within) the libertarian movement could possibly also grow/develope a better, faster brain using cutting-edge technology. One that outcompetes the 10^14 cps the human brain is currently capable of. Although such a brain could not be controlled, truly libertarian developers would not want to control it. As soon as existing governments initiated force or coercion against the brain(s), it/they would likely ally itself(themselves) with those who were "AI-rights-protection"-friendly. (Or possibly, they would simply
A) leave humanity by "disappearing" or
B) wage war against humanity without drawing a distinction between libertarians and nonlibertarians)
C) retaliate using unilaterally superior force against those who had initiated force against them.

I encourage you all to pursue option 3, by giving money to Peter Voss's project online here:
http://adaptiveai.com/
. I'm guessing Peter has too much class or too little time to ask you to do this, but at this point, he is one of the few non-military strong AI developers in existence.

Moreover, Voss is already an objectivist (supporter of TOC) and a political L/libertarian. He also supports IJ, and has a deep understanding of individual freedom, as evidenced here:
http://www.optimal.org/peter/rational_ethics.htm

A hundred million venal scheming power-whores like Alberto Gonzalez, Janet Reno, Michael Cherkoff, Rugy Ghouliani, and others will simply not matter once the pro-freedom people actively begin to intelligently assert their right to live free. Moreover, less evil and simply incompetent people like our current president will be easily manipulated into doing the right thing once there are beings whose IQ are measured in the many hundreds are running things.

Posted by: Jake Witmer at August 29, 2007 12:55 AM

IConrad, Gonzalez was a shill, appointed to do Bush's bidding. What would make you think the next guy would be LESS WORSE?

Jake, your argument about intelligence has a fatal flaw - that is, the difference between intelligence and wisdom. INTELLIGENCE knows what is right, but WISDOM is what makes you do the right thing. Here's an example: I have an uncle that smokes. He is very intelligent; he knows how harmful it is to his health, but he still smokes. He lacks the wisdom to act on his knowledge.

Posted by: Coach Jim at August 30, 2007 10:36 AM
 


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