Why The USA Must Reject Bush's Evil "Marquis de
Sade" Nominee For Attorney General: Alberto Gonzales, who Wrote
"Torture Memo" That Laid Groundwork For Abu Ghraib
by Evan Augustine Peterson III, J.D
OpEdNews.com
- "There are a thousand hacking at the branches of
evil to one who is striking at the root." -Henry David Thoreau,
Walden (1854)
-
There was a bipartisan consensus on last Sunday's
televised political talk-shows that the US Senate will confirm, with
relative ease, Mr. Bush's appointment of Alberto R. Gonzales as the next
Attorney General ("AG"). However, if our Senators retain any
respect for universal human rights and the rule of constitutional and
international law, they will vigorously oppose Mr. Gonzales' appointment
as our new AG. [1] [2] Furthermore, it's imperative that our Senators,
both left and right, defeat this unwise appointment for the following five
reasons.
1. Mr. Gonzales Knew, Or Should Have Known, That He Was
Dispensing Disastrously False Legal Advice. While functioning as Mr.
Bush's White House Counsel, Mr. Gonzales wrote his infamous "torture
memo" in August of 2002, entitled "Standards Of conduct For
Interrogations Under 18 U.S.C. 2340-2340A." In that legally-meritless
50-page opinion, Mr. Gonzales:
(A) falsely argued that the US government's
interrogators would be legally justified in torturing -- even unto death
-- war prisoners who were captured in the USA's so-called "war on
terror"; and
(B) falsely advised President Bush that his subfunction
as commander-in-chief somehow magically empowered him with the authority
to (i) override the US Constitution and the federal War Crimes Act, (ii)
ignore the Geneva Conventions and the United Nations Convention On
Torture, (iii) flout international human-rights law, and (iv) therefore
authorize those acts of torture. "Taking his cue from the Nazis' 'führer
principle,' Gonzales posits that Bush, by virtue of his
'commander-in-chief authority,' can authorize torture. But American law
doesn't include any such concept." [3]
2. Mr. Gonzales Has Been Egregiously Complicit In War
Crimes. The entire world knows that Mr. Gonzales' 2002 legal memorandum
paved the way for the perpetration of heinous war crimes, like the illegal
torture of war prisoners inside the US military prisons in Guantanamo Bay,
Afghanistan, and Iraq. Even worse, the Pentagon now admits that there have
been 127 recent homicides of war prisoners, of whom at least 40 were
tortured to death. [4] And according to the highly-respected International
Committee of the Red Cross, almost all of the Iraqi prisoners who managed
to survive their torture inside Abu Ghraib prison were sreleased because
they proved to be innocent civilian noncombatants. [5] Hence, it's
certainly possible that Mr. Gonzales could be indicted for his complicity
in war crimes under Nüremberg Principle VII, among others. [6] [7]
3. Mr. Gonzales Has An Ominous History Of Unethical
Practice. Americans should consider themselves to have been doubly
forewarned by Mr. Gonzales' record as both a lawyer and a jurist in Texas.
Before he became Mr. Bush's White House Counsel, Mr. Gonzales: (A)
represented CEO Ken Lay's fraudulent-predator corporation, Enron; and (B)
then earned a reputation from the bench for unsound legal rulings which
contravened the rule of law and underscored his lack of common sense, as
well as for sleazy acts of corruption which violated legal ethics and
basic morality. [8]
4. Consenting To His Appointment Would Discredit The US
Senate. If the Senate foolishly rubber-stamps Mr. Gonzales' appointment as
AG, the Senators then will have proven that they're so ethically
irresponsible as to be undeserving of re-election. Moreover, they will
have heaped insult upon injury by sending this morally-depraved message to
the world: "The United States Senate not only has condoned Mr.
Gonzales' outrageously-unjust 'torture memo' misconduct, but also has
chosen to reward it by elevating this monstrous shyster into the nation's
top law-enforcement position!"
5. We Must Avoid Unnecessarily Exacerbating Global
Tensions And Fears.
Of course, the Senate's craven capitulation to an
utterly-indefensible appointment would further alienate the international
community and inflame Islamic anti-Americanism. Finally, Mr. Bush's
successful appointment of Mr. Gonzales would buttress a widely-held
dystopic theory about the USA, the main thesis of which is: (A) that
Americans are collectively suffering from a 9/11-induced mass psychosis;
(B) which caused them to re-elect their thinly-veiled neofascist dictator,
"Reichsführer Bush"; and (C) whose regime has been
incrementally luring them down the antidemocratic rabbit-hole, from whence
the USA will emerge as the world's most dangerous rogue state -- the
"American Fourth Reich." [9]
Overarching Conclusions: Don't be fooled by the fact
that Mr. Gonzales neither has a wicked scar under one monocle-bedecked
eye, nor foams at the mouth psychotically, nor clicks his boot-heels
fascistically. Thus far, he's slipped under the vetting radar-screen only
because he embodies the banality of evil.
Nevertheless, it's all-too-clear that he's unfit to
become our nation's top law-enforcement officer because: (1) he's really
nothing more than Mr. Bush's bumbling personal consiglieré, which is to
state that he's a toadying yes-man; and (2) his professional history is
that of a pettifogging shyster who obviously lacks the requisite
intellectual integrity, law-abiding temperament, and ethical judgment.
Hence, he must be rejected, as in: "Fool me once, shame on Messrs.
Gonzales and Bush; fool me twice, shame on every Senator and the entire
USA!"
The Bottom Line: Mr. Bush is somewhat analogous to
Michael Corleone -- the potentially-honest son who allowed himself to
become a bloodthirsty Mafia godfather in Mario Puzo's crime-family novels
-- because he's attempting to consolidate his stranglehold upon American
justice by elevating his loyal-but-sadistic scofflaw consiglieré into the
AG's office, instead of appointing an honest attorney who has a history of
upholding the rule of law; therefore, it is the duty of every American to
insist that our US Senators vigorously oppose Alberto R.
Gonzales until they've prevented this disgustingly-evil,
Marquis-de-Sade-like man from eclipsing John Ashcroft as an even worse AG!
[10]
ENDNOTES
[1] Read "The Universal Declaration of Human
Rights" now, at:
http://www.un.org/Overview/rights.html
[2] Read "Principles Of The Nüremberg Tribunal,
1950" -- and please pay special attention to Nüremberg Principle
VII, which addresses complicity in war crimes -- at:
http://deoxy.org/wc/wc-nurem.htm
[3] Read Ted Rall's 11-18-04 CD essay, "Monster Of
A Lawyer: Nominee For Attorney General Even Worse than Ashcroft," at:
http://www.commondreams.org/views04/1118-28.htm
[4] Read Michael Ratner's 11-18-04 CD essay, "The
Road To Abu Ghraib: Paved With The Legal Opinion Of Alberto R.
Gonzales," at:
http://www.commondreams.org/views04/1118-32.htm
[5] Read Evan Augustine Peterson III's 8-10-04
Eklektikos essay, "The American Torture Doctors," at: http://www.geocities.com/thechristiandigest/19.html
[6] Read Grant McCool's 1-28-03 GPF article, "US
Lawyers Warn Bush On War Crimes," at:
http://www.globalpolicy.org/security/issues/iraq/attack/law/2003/0128uslawyers.htm
[7] Read Colin Hallinan's 11-4-04 GPF/FPIF article,
"J'accuse: War Crimes & Iraq," at:
http://www.globalpolicy.org/security/issues/iraq/attack/law/2004/1104torture.htm
[8] Watch Mark Fiore's insightful 11-17-04 animation
about Alberto Gonzales, "
Attorney Extraordinare," at: http://www.markfiore.com/animation/alberto.html
[9] For one example of the innumerable essays about
America's swift descent into a neofascist dystopia, see the 8-10-04 TTS
essay, "FEMA and Rex 84 Program ," which contends through
illustrative photos that the Bushites have prepared concentration camps
across the USA for their coming purge of America's antifascist dissenters,
at: http://www.thetruthseeker.co.uk/article.asp?ID=2344
[10] Finally, consider this retrospective admonition by
Lutheran pastor Dr.
Martin Niemöller, a pacifist who survived incarceration
in a Nazi concentration camp from 1937 through 1945, and upon his release
was responsible for drafting the "Declaration of Guilt" by the
German Churches for not opposing Hitler more strenuously:
"In Germany, first they came for the Communists; I
wasn't Communist, so I didn't speak up.
Then they came for the Trade Unionists; I wasn't a Trade
Unionist, so I didn't speak up.
Then they came for the Jews;
but I was a Christian, so I didn't speak up.
Then they came for the Catholics;
but I was a Protestant, so I didn't speak up.
Then they came for me;
and there was no one left to speak up."
Author: Evan Augustine Peterson III, J.D., is the
Executive Director of the American Center for International Law ("ACIL").
©2004EAPIII
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