Unpublished Article

A while ago I agreed to become a part of a new political science newsletter/publication at my university. As it turns out, what they want me to do is far different from what I wanted to do, which, when it comes to my writing and ideas, by default makes me stop and reconsider immediately. While I'm considering not writing for this publication at all now, I think I will here post what I had written for them, which was too "newsy" and not...how do I say this..."formal", perhaps? Not the style they sought? They basically preferred more academic pieces (which I am not interested in doing for political science, since I've moved away from it), not news. I don't know exactly how to put it, and frankly, the more time I ponder it, the more I think I will not write for them. I understand if their goals are different then mine, in which case there is nothing that can be done. Such a situation will not work out well, since I can be more than merely stubborn when it comes to my writing. And so, here is the article I wrote, since I have nothing else to do with it. It's about all the fun surrounding Alberto Gonzales in recent memory.

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Adventures of an Attorney General

Alberto Gonzales; a man embattled. At least, that’s what many leading Democrats (and perhaps some Republicans) would like you to think. He has been asked to resign by many. Yet he himself is quite determined to stay exactly where he is. Who is this man in charge of the justice department? Why does anyone care?

Alberto R. Gonzales has been in the legal profession since the 1980s, and his involvement with politics (specifically the politics of George W. Bush) has been quite long as well. In 1994 he became the General Counsel to a Governor Bush of Texas. In 1997 he became the Texas Secretary of State, by 1999 a member of the State Supreme Court, and joined the newly minted President Bushes’ team as White House Counsel in 2001.

It’s here that things start to get interesting.

In 2004, the Bush administration was looking to reauthorize a surveillance program they had running since around 9/11. However, Attorney General John Ashcroft, the man whose permission they needed, was not available. He was, in fact, in a hospital bed. Also, the Justice Department had already decided that the program was illegal. The administration didn’t agree, and so sent Gonzales, along with then Chief of Staff Andrew Card, Jr. to ask Ashcroft to consider otherwise. He refused. It actually wouldn’t have mattered legally anyway, since Ashcroft’s condition meant that the deputy Attorney General, James Comey, had the power. By Comey’s account, they did not acknowledge his presence (he made it to the Ashcroft’s hospital room minutes before they did).

A year later, during his confirmation for the position of Attorney General, a memo was suddenly brought up from 2002 saying that, according to Gonzales, the Geneva Conventions (treaties on international law) were “quaint”, specifically having to do with torture and treatment of prisoners. The exact words are as follows [the memos the following quotes were taken from were found at http://www.washingtonpost.com/wp-dyn/articles/A52815-2005Jan6.html]:

The nature of the new war places a high premium on other factors, such as the ability to quickly obtain information from captured terrorists and their sponsors in order to avoid further atrocities against American civilians, and the need to try terrorists for war crimes such as wantonly killing civilians. In my judgment, this new paradigm renders obsolete Geneva’s [The Geneva Conventions] strict limitations on questioning of enemy prisoners and renders quaint some of its provisions requiring that captured enemy [sic] be afforded such things as commissary privileges, scrip (i.e. advances of monthly pay), athletic uniforms, and scientific instruments.

A Justice Department memo sent shortly before says the following:

…Al Qaeda detainees cannot claim the protections of Geneva III because the treaty does not apply to them. Al Qaeda is merely a violent political movement or organization and not a nation-State. As a result, it cannot be a state party to any treaty. Because of the novel nature of this conflict, moreover, a conflict with al Qaeda is not properly included in non-international forms of armed conflict to which some provisions of the Geneva Conventions might apply. Therefore, neither the Geneva Conventions nor the WCA [War Crimes Act] regulate the detention of al Qaeda prisoners captured during the Afghanistan conflict.

During the hearings, Gonzales responded by saying, “Contrary to reports, I consider the Geneva Conventions neither obsolete nor quaint.” He made no specific reference, however, to the memo or what was specifically considered in it. He continued, “the president has made clear that he is prepared to protect and defend the United States…always in a manner consistent with our nation's values and applicable law, including our treaty obligations.” His response to torture was, directly, “Absolutely not…” And legally: “But as someone who may be head of the department, I obviously don't want to provide any kind of legal opinion as to whether or not that conduct [the "methods" made famous at Abu Gharib prison] might be criminal.”

The latest escapade of Gonzales should be far more familiar to you. Eight federal prosecutors were fired, supposedly for political reasons. The administration denies this. Many Congressmen have used this opportunity to call for Gonzales’ resignation, which he (as well as the administration) has unequivocally refused. Among other problems, it seems that the head of the FBI, Robert Mueller, has given testimony that goes against one of Gonzales’ claims: whether or not there was internal conflict over the firings. Gonzales said no, Mueller yes. The White House has sided with Gonzales but will not elaborate, because it would “compromise American security, according to Press Secretary Tony Snow.

The results, as of this writing, have yet to be determined. One thing, however, that I think is assured, is that Gonzales will still be a presence for a while yet on the political scene, whether he would like it or not.

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So there it is. Alberto, a man alone. Except for Bush and Cheney. And kinda Rice. Not so sure about her positions these days.