Alberto Gonzales will soon be ejected from the Justice Department.
Bush’s Attorney General has been caught in too many flagrant
lies and abuses. The real question is whether Gonzo’s
fall will signal the beginning of the end of the Bush reign.
Gonzo’s fall will be widely seen as a result of shenanigans
and deceits involving the firing of 8 U.S. attorneys. The White
House and top Justice Department officials seem to have colluded
to deep-six attorneys who threatened Republican congressmen
or appointees. The pending congressional testimony by Gonzo’s
former chief of staff, Kyle Sampson, could create new problems
for the White House.
But Bush is probably in much greater danger from the derailing
a Justice Department investigation into Gonzo’s possibly
criminality. Murray Waas, one of the best investigative journalists
in DC, has a new piece on Attorney General Alberto Gonzales’s
role in derailing a Justice Department investigation of his
own possible criminality. Waas reported last Thursday at the
National Journal web page.
Shortly before Attorney General Alberto Gonzales advised President
Bush last year on whether to shut down a Justice Department
inquiry regarding the administration’s warrantless domestic
eavesdropping program, Gonzales learned that his own conduct
would likely be a focus of the investigation, according to government
records and interviews. Bush personally intervened to sideline
the Justice Department probe in April 2006 by taking the unusual
step of denying investigators the security clearances necessary
for their work.
The Justice Department investigation could have exposed on
the role of Bush and his top advisors in masterminding a program
that some of the federal government’s top experts considered
to be clearly illegal. Waas noted, "According to accounts
that Gonzales and his aides gave to others in the department,
Gonzales did advise Bush on the issue of the OPR inquiry."
Thus, Bush may have knowingly derailed an investigation that
could have exposed his own criminal conduct. This may be even
too brazen an abuse of power for many Republicans to stomach.
It is ironic that Gonzo will probably get sunk for his role
in firing and lying about U.S. attorneys, considering that he
had so many worse offenses. It was only a few months ago that
Gonzales notified a shocked Senate Judiciary Committee that
the Constitution did not guarantee habeas corpus, despite explicit
language to the contrary.
In early 2002, Gonzo wrote a memo to Bush effectively urging
him to scorn prohibitions in federal law and in the Geneva Convention
banning torture. Gonzales, then serving as White House counsel,
revealed: "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. In my judgment,
this new paradigm renders obsolete Geneva’s strict limitations
on questioning of enemy prisoners and renders quaint some of
its provisions."
On June 22, 2004, Gonzales publicly declared that Bush possessed
"commander-in-chief override power" over the Constitution
and the federal law in the conflict with Al Qaeda. This "override
power" is something that exists in the minds of conservative
absolutists, not the Constitution.
In January 2005, after Bush nominated him to replace John Ashcroft
as Attorney General, Gonzales testified before the Senate Judiciary
Committee. Sen. Richard Durbin (D-Ill.) asked what, in most
hearings, would have been considered a slow-pitch question:
"Do you believe there are circumstances where... the War
Crimes Act would not apply to U.S. personnel?"
Gonzales responded as if he had been asked to solve the riddle
of the Sphinx: "Senator, I don’t believe that that
would be the case. But I would like the opportunity –
I know I want to be very candid with you and obviously thorough
in my response to that question. It is sort of a legal conclusion,
and I would like to have the opportunity to get back to you
on that."
Durbin later asked: "Can U.S. personnel legally engage
in torture under any circumstances?" Gonzales again struggled:
"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." Torture was obviously going to be the hottest
topic of the confirmation hearing, and yet Gonzales repeatedly
sounded as if it was a novel topic that he would need to visit
a law library to learn about before forming an opinion.
Gonzales will be difficult to replace – in more ways
that one. The Senate Democrats will probably not confirm some
obvious hatchet man. Bush has "benefitted" from two
Attorney Generals who were profoundly dishonest and demagogic.
No matter what the Bush administration did, they could be counted
on to rubberstamp it as legal – or "close enough
for government work" legal.
If the next Attorney General is halfway honest and opens the
files of what has been done since 2001, even damn moderates
will be shocked. There are bombshells waiting to detonate on
the torture scandal, on Iraq, and other dishonest and illegal
gross abuses. For instance, the ACLU released a CIA letter in
November confirming the existence of "a directive signed
by President Bush granting the CIA the authority to set up detention
facilities outside the United States and outlining interrogation
methods that may be used against detainees." This confirms
a May 2004 email from the FBI’s "On Scene Commander"
in Baghdad regarding a secret "presidential Executive Order"
permitting extreme interrogation techniques considered illegal
by the FBI including "sensory deprivation through the use
of hoods," stress positions, and military dogs.
The Justice Department has so far blocked release of Bush’s
secret order. If this Bush order becomes public, it may be akin
to a 1972 memo from Richard Nixon specifying the exact methods
of lock-picking the Watergate burglars should use. Bush’s
involvement in the torture scandal may be far deeper than Nixon’s
involvement in Watergate.
The Bush administration has survived because it has succeeded
in keeping the lid on so many scandals. Any change in top personnel
raises the risks of lids slipping. New appointees will not want
to put their heads on the chopping block to cover up crimes
that occurred before they got the corner office.
Democratic subpoenas are beginning to darken the D.C. sky like
the English arrows at Agincourt. The subpoenas and scandals
generate congressional testimony which spur the number of political
appointees who could be indicted for perjury. The scandals are
accelerating while support for the Bush administration seems
to be collapsing.
At best, Bush may need to award more Medals of Freedom this
year than ever before. At worst, he may need to resurrect Gerald
Ford and his all-inclusive "from the first day to the last
day" pardon for himself and his nearest, dearest co-conspirators.