Alberto Gonzales
Alberto Gonzales | |
---|---|
80th United States Attorney General | |
In office February 3, 2005 – September 17, 2007 | |
President | George W. Bush |
Deputy | James Comey Paul McNulty Craig S. Morford (acting) |
Preceded by | John Ashcroft |
Succeeded by | Michael Mukasey |
White House Counsel | |
In office January 20, 2001 – February 3, 2005 | |
President | George W. Bush |
Preceded by | Beth Nolan |
Succeeded by | Harriet Miers |
Justice of the Supreme Court of Texas | |
In office January 3, 1999 – January 20, 2001 | |
Appointed by | George W. Bush |
Preceded by | Raul Gonzalez |
Succeeded by | Wallace B. Jefferson |
100th Secretary of State of Texas | |
In office January 1, 1998 – January 3, 1999 | |
Governor | George W. Bush |
Preceded by | Tony Garza |
Succeeded by | Elton Bomer |
Personal details | |
Born | San Antonio, Texas, U.S. | August 4, 1955
Political party | Republican |
Spouse(s) | Diana Clemens (div. 1985) Rebecca Turner |
Children | 3 |
Education | United States Air Force Academy Rice University (BA) Harvard University (JD) |
Military service | |
Allegiance | United States |
Branch/service | United States Air Force |
Years of service | 1973–1975 |
Alberto R. Gonzales (born August 4, 1955) is an American lawyer who served as the 80th United States Attorney General from 2005 to 2007 and is the highest-ranking Hispanic American in executive government to date.[1] He previously served as Secretary of State of Texas, as a Texas Supreme Court Justice, and as White House Counsel, becoming the first Hispanic to hold that office.
Gonzales's tenure as U.S. Attorney General was marked by controversy regarding
In 2008, Gonzales began a mediation and consulting practice. Additionally, he taught a political science course and served as a diversity recruiter at
Early life and education
Gonzales was born to a Catholic family[5] in San Antonio, Texas, and raised in Humble, Texas, a town outside of Houston. Of Mexican descent, he was the second of eight children born to Maria (Rodriguez) and Pablo M. Gonzales.[6][non-primary source needed] His father, who died in 1982, was a migrant worker and then a construction worker with a second grade education. His mother worked at home raising eight children and had a sixth grade education. Gonzales and his family of ten lived in a small, two-bedroom home built by his father and uncles with no telephone and no hot running water.[1] According to Gonzales, he is unaware whether immigration documentation exists for three of his grandparents who were born in Mexico and may have entered and resided in the United States illegally.[7]
An
Gonzales has been married twice: he and his first wife, Diane Clemens, divorced in 1985; he and his second wife, Rebecca Turner Gonzales, have three sons.
Early career
Gonzales was an attorney in private practice from 1982 until 1994 with the
Recognition
Gonzales has been active in the community, serving as board director or committee member for several non-profit organizations between 1985 and 1994.
In the legal sphere Gonzales provided pro bono legal services to the Host Committee for the 1992 Republican National Convention in Houston, acted as a board director for the State Bar of Texas from 1991 to 1994, and was board trustee of the Texas Bar Foundation from 1996 to 1999. He has received numerous professional awards, including the Presidential Citation from the State Bar of Texas in 1997 in claimed recognition of his dedication to addressing basic legal needs of the indigent. In 1999, he was named Latino Lawyer of the Year by the Hispanic National Bar Association.
Between 2002 and 2003, Gonzales was recognized as a Distinguished Alumnus of Rice University and received the Harvard Law School Association Award, John Ben Shepperd Public Leadership Institute Outstanding Texas Leader Award, United States Hispanic Chamber of Commerce President's Award, League of United Latin American Citizens President's Award, the Gary L. McPherson Distinguished Alumni Award from the American Council of Young Political Leaders, the Chairman's Leadership Award from the Texas Association of Mexican American Chamber of Commerce, the Hispanic Scholarship Fund's Truinfador Award, the Hispanic Hero Award from the Association for the Advancement of Mexican Americans, the Good Neighbor Award from the United States–Mexican Chamber of Commerce, and the Lifetime Achievement Award from the Travis County, Texas Republican Party. In 2004, Gonzales was given the Exemplary Leader Award by the Houston American Leadership Forum. In 2005 he was given the Hector Barreto, Sr. Award by the Latino Coalition and a President's Award by the U.S. Hispanic Chamber of Commerce.
As the son of former migrant workers, many believed Gonzales's appointment as Attorney General of the United States to be an example of the
On May 20, 2006, Houston Mayor Bill White proclaimed "Alberto R. Gonzales Day" in Houston in recognition of what was believed to be his contributions to the betterment of the City of Houston. Academic institutions have also recognized Gonzales's achievements. He received an Honorary Doctor of Laws in 2002 from The Catholic University of America; an Honorary Degree in Arts and Letters in 2003 from Miami-Dade Community College; an Honorary Degree of Doctor of Laws in 2005 from the University of the District of Columbia; an Honorary Degree in Associate of Arts in 2005 from the Houston Community College System; and an Honorary Alumnus Award in 2007 from Southern Methodist University.
Counsel to Governor Bush
As counsel to Governor Bush, Gonzales helped advise Bush in connection with jury duty when he was called in a 1996
As Governor Bush's counsel in Texas, Gonzales also reviewed all
White House Counsel
As White House counsel, and later as attorney general, Gonzales served president George W. Bush through a period of escalating controversy over the legality of U.S. policies in the fight against terrorism. Gonzales approved the legal framework for the administration's anti-terrorism efforts and was a reliable advocate for White House policy. He supported positions that enlarged the power of the executive and diminished protections for interrogation subjects. These rulings were vocally challenged by many scholars and human-rights advocates and were partly overturned by the courts. He resigned following sharp criticism of his handling of the firing of nine U.S. attorneys and subsequent testimony during congressional hearings.[19]
Support for use of torture
Gonzalez was a supporter of the Bush administration's policy of torture of detainees, internally referred to as "Enhanced interrogation techniques".
In January 2002, Gonzales authored a memo that explored whether the
Gonzales later explained, "The old ways may not work here. That's what the memo was intended to convey to the President. I never meant to convey to the President that the basic values in the Geneva Convention were outdated." He noted that a British parliamentary committee visiting Guantánamo, while horrified by conditions at the base, had reached a similar conclusion when it said, "the Geneva Conventions are failing to provide necessary protection because they lack clarity and are out of date".[21] He argued that existing military regulations and instructions from the President were more than adequate to ensure that the principles of the Geneva Convention would be applied. He also expressed a concern that undefined language in Common Article III of GPW, such as "outrages upon personal dignity" and "inhuman treatment" could make officials and military leaders subject to the War Crimes Act of 1996 if actions were deemed to constitute violations of the Act.[20] Attorney General John Ashcroft made a similar argument on behalf of the Justice Department by letter to the President dated February 1, 2002, writing that a presidential determination "against treaty application would provide the highest assurance that no court would subsequently entertain charges that American military officers, intelligence officials or law enforcement officials violated Geneva Convention rules relating to field conduct, detention conduct or interrogation of detainees. The War Crimes Act of 1996 makes violations of parts of the Geneva Convention a crime in the United States."[22]
Gonzalez oversaw President Bush's Office of Legal Counsel on August 1, 2002, at which time the
The memo was produced in response to a specific
Journalists including Jane Mayer, Joby Warrick and Peter Finn, and Alex Koppelman have reported the CIA was already using these harsh tactics before the memo authorizing their use was written,[23][26][27][28][29] and that it was used to provide after-the-fact legal support for harsh interrogation techniques.[30] A Department of Justice 2009 report regarding prisoner abuses reportedly stated the memos were prepared one month after Abu Zubaydah had already been subjected to the specific techniques authorized in the August 1, 2002, memo.[31] John Kiriakou stated in July 2009 that Abu Zubaydah was waterboarded in the early summer of 2002, months before the August 1, 2002, memo was written.[32][33]
The memo described ten techniques that the interrogators wanted to use: "(1) attention grasp, (2) walling, (3) facial hold, (4) facial slap (insult slap), (5) cramped confinement, (6) wall standing, (7) stress positions, (8) sleep deprivation, (9) insects placed in a confinement box, and (10) the
In May 2005, three months after Gonzales became attorney general,
In 2009, The Obama administration stated it would abide by the Geneva Convention and described some of the enhanced interrogation techniques established under Attorney General Gonzales's tenure as torture.[42] On January 22, 2009, President Obama signed an executive order requiring the CIA to use only the 19 interrogation methods outlined in the United States Army Field Manual on interrogations "unless the Attorney General with appropriate consultation provides further guidance.")[43] Bradbury's memoranda were publicly released by the Obama Administration on April 16, 2009.[44]
Objectivity
Gonzales had a long relationship with former president George W. Bush. Gonzales served as a general counsel when Bush was the governor of Texas. Such relationship made critics question whether he would maintain independence in his administration of the U.S. Department of Justice.[45][46] Gonzales has been called Bush's "yes man." Even though the advice given by Gonzales was based and supported by other lawyers, specifically the Department of Justice, charged by statute to provide legal advice to the President, critics claim that Gonzales gave only the legal advice Bush wanted. Critics questioned Gonzales's ethics and professional conduct.[47][48]
"To his backers, Gonzales is a quiet, hardworking attorney general notable for his open management style and his commitment to the administration of justice and to the war on terrorism."[49]
One publication reported, "Gonzales contends that his friendship with Bush makes him a better advocate for the rule of law within the executive branch." My responsibilities is to ensure that the laws are enforced, that everyone in the country receives justice under the law—independent of my relationship with the White House, independent of my relationship with the President of the United States," he told National Journal.[49] Another report states that Gonzales has "a long history of dogged obedience to the President, which often has come at the cost of institutional independence and adherence to the rule of law."[48]
Executive Order 13233
Energy Task Force secrecy
Gonzales fought with Congress to keep Vice President Dick Cheney's Energy Task Force documents from being reviewed. His arguments were ultimately upheld by courts. On July 2, 2004, the Supreme Court ruled in favor of the Vice President, but remanded the case back to the D.C. Circuit. On May 11, 2005, the D.C. Circuit threw out the lawsuit and ruled the Vice President was free to meet in private with energy industry representatives in 2001 while drawing up the President's energy policy.[52]
Attorney general
Gonzales's name was sometimes floated as a possible nominee to the
The perceived departure from some conservative viewpoints elicited strong opposition to Gonzales that started during his Senate confirmation proceedings at the beginning of President Bush's second term. The New York Times quoted anonymous Republican officials as saying that Gonzales's appointment to attorney general was a way to "bolster Mr. Gonzales's credentials" en route to a later Supreme Court appointment.[53]
Gonzales enjoyed broad bipartisan support in connection with his nomination, including the support of former Democratic HUD Secretary Henry Cisneros and Colorado Democratic Senator Ken Salazar. One writer noted, "A senator from Pennsylvania said, 'I have always found him [Alberto Gonzales] to be completely forthright, brutally honest—in some cases telling me things I did not want to hear but always forthright, always honest, sincere, serious. This is a serious man who takes the responsibilities that have been given to him as a great privilege and a great honor which he holds very carefully and gently in his hands.' Said another senator, this one from Kentucky, 'Judge Gonzales is proof that in America, there are no artificial barriers to success. A man or woman can climb to any height that his or her talents can take them. For Judge Gonzales, that is a very high altitude indeed. And luckily for his country, he is not quite finished climbing yet.'"[1] The nomination was approved on February 3, 2005, with the confirming vote largely split along party lines 60–36 (54 Republicans and six Democrats in favor, and 36 Democrats against, along with four abstentions: three Democrats and one Republicans).[54] He was sworn in on February 3, 2005.
Right to writ of habeas corpus in the U.S. Constitution
Gonzales helped draft the January 2002 Presidential Order that authorized the use of military tribunals to try terrorist suspects. The order provided the President the power to hold any non-citizen who he deemed a terrorist, or accessory to a terrorist, in military detention and subject to trial before a military commission.
The president requested and Congress passed the
On January 18, 2007, Gonzales was invited to speak to the
Gonzales: The fact that the Constitution—again, there is no express grant of habeas in the Constitution. There is a prohibition against taking it away. But it's never been the case, and I'm not a Supreme—
Specter: Now, wait a minute. Wait a minute. The Constitution says you can't take it away, except in the case of rebellion or invasion. Doesn't that mean you have the right of habeas corpus, unless there is an invasion or rebellion?[59]
Gonzales: I meant by that comment, the Constitution doesn't say, "Every individual in the United States or every citizen is hereby granted or assured the right to habeas." It doesn't say that. It simply says the right of habeas corpus shall not be suspended except by —[59][60]
Senator Specter was referring to
The dissent reads into Chief Justice Marshall's opinion in Ex parte Bollman, 4 Cranch 75 (1807), support for a proposition that the Chief Justice did not endorse, either explicitly or implicitly. See post, at 14—15. He did note that "the first congress of the United States" acted under "the immediate influence" of the injunction provided by the Suspension Clause when it gave "life and activity" to "this great constitutional privilege" in the Judiciary Act of 1789, and that the writ could not be suspended until after the statute was enacted. 4 Cranch, at 95. That statement, however, surely does not imply that Marshall believed the Framers had drafted a Clause that would proscribe a temporary abrogation of the writ, while permitting its permanent suspension. Indeed, Marshall's comment expresses the far more sensible view that the Clause was intended to preclude any possibility that "the privilege itself would be lost" by either the inaction or the action of Congress. See, e.g., ibid. (noting that the Founders "must have felt, with peculiar force, the obligation" imposed by the Suspension Clause).[64]
Justice Stevens' assertion is backed up by sentiments found in the Federalist No. 84, which enshrines the right to petition for habeas corpus as fundamental:
The establishment of the writ of habeas corpus, the prohibition of ex post facto laws, and of TITLES OF NOBILITY, to which we have no corresponding provision in our Constitution, are perhaps greater securities to liberty and republicanism than any it contains. The creation of crimes after the commission of the fact, or, in other words, the subjecting of men to punishment for things which, when they were done, were breaches of no law, and the practice of arbitrary imprisonments, have been, in all ages, the favorite and most formidable instruments of tyranny."[61]
The Constitution presupposes that courts in the United States will have the authority to issue the writ as they historically did at common law. See, e.g.,
As Robert Parry writes in the Baltimore Chronicle & Sentinel:
Applying Gonzales's reasoning, one could argue that the First Amendment doesn't explicitly say Americans have the right to worship as they choose, speak as they wish or assemble peacefully. Ironically, Gonzales may be wrong in another way about the lack of specificity in the Constitution's granting of habeas corpus rights. Many of the legal features attributed to habeas corpus are delineated in a positive way in the Sixth Amendment ...[60]
Dismissal of U.S. attorneys
By law, U.S. Attorneys are appointed for a term of four years, and each U.S. Attorney serves at the pleasure of the President and is subject to removal by the President for any reason, or no reason at all, barring only illegal and improper reasons.
Although U.S. attorneys can be dismissed at the discretion of the president, critics claimed that the dismissals were either motivated by desire to install attorneys more loyal to the Republican party ("loyal Bushies," in the words of Kyle Sampson, Gonzales's former chief of staff) or as retribution for actions or inactions damaging to the Republican party. At least six of the eight had received positive performance reviews at the Department of Justice.[73] DOJ officials Will Moschella and Monica Goodling both testified under oath that EARS evaluations are office-wide reviews, they are not reviews of the U.S. Attorneys themselves.[74][75] Gonzales testified under oath that EARS evaluations do not necessarily reflect on the U.S. Attorney.[76] In other words, these reviews were not evaluations of the performance of the fired federal prosecutors.
In a press conference given on March 13, Gonzales suggested that "incomplete information, was communicated or may have been communicated to the Congress" and he accepted full responsibility.[77][78] Nonetheless, Gonzales avowed that his knowledge of the process to fire and select new US attorneys was limited to how the US attorneys may have been classified as "strong performers, not-as-strong performers, and weak performers." Gonzales also asserted that was all he knew of the process, saying that "[I] was not involved in seeing any memos, was not involved in any discussions about what was going on. That's basically what I knew as the Attorney General."[77]
Department of Justice records released on March 23, however, appeared to contradict some of the Attorney General's assertions, indicating that on his Nov 27 schedule "he attended an hour-long meeting at which, aides said, he approved a detailed plan for executing the purge."[79] Despite insisting that he was not involved in the "deliberations" leading up to the firing of the attorneys, newly released emails also suggest that he had indeed been notified and that he had given ultimate approval.
In his prepared testimony to Congress on April 19, 2007, Gonzales insisted he left the decisions on the firings to his staff. ABC News, however, obtained an internal department email showing that Gonzales urged the ouster of Carol Lam, one of the fired attorneys, six months before she was asked to leave.[80] During actual testimony on April 19, Gonzales stated at least 71 times that he couldn't recall events related to the controversy.[81] Those dubious explanations led to diminished Senate support for his continued tenure, with even conservative Republicans Jeff Sessions of Alabama and Tom Coburn of Oklahoma calling for his resignation.[81]
His responses frustrated the Democrats on the committee, as well as several Republicans. One example of such frustration came in an exchange between Sessions and Gonzales regarding a November 2006 meeting. Sessions was one of the most conservative members of the Senate, and was one of the Bush Administration's staunchest allies. At the meeting, the attorney firings were purportedly discussed, but Gonzales did not remember such discussion. As reported by the Washington Post, the dialogue went as follows:
Gonzales: Well, Senator, putting aside the issue, of course, sometimes people's recollections are different, I have no reason to doubt Mr. Battle's testimony [about the November meeting].
Sessions: Well, I guess I'm concerned about your recollection, really, because it's not that long ago. It was an important issue. And that's troubling to me, I've got to tell you.
Gonzales: Senator, I went back and looked at my calendar for that week. I traveled to Mexico for the inauguration of the new president. We had National Meth Awareness Day. We were working on a very complicated issue relating to CFIUS.
GONZALES: And so there were a lot of other weighty issues and matters that I was dealing with that week.[82]
Another example came when Senator Chuck Schumer of New York, who had been the first lawmaker to call for Gonzales's ouster, declined to ask his last round of questions. Instead, a visibly angry Schumer said there was no point to further questioning and reiterated his call for Gonzales to resign. By Schumer's count, Gonzales had stated "over a hundred times" that he didn't know or couldn't recall important details concerning the firings, and also didn't seem to know about the workings of his own department. Gonzales responded that the onus was on the committee to prove whether anything improper occurred. Schumer replied that Gonzales faced a higher standard, and that under this standard he had to give "a full, complete and convincing explanation" for why the eight attorneys were fired.[83]
Both Democrats and Republicans were critical of Gonzales's testimony to congress, which was widely regarded as exhibiting greater loyalty to president Bush than to the truth.[19] With increasing numbers of senators calling for him to go, Gonzales resigned as attorney general effective September 17, 2007.[84]
The Inspector General and the Office of Professional Responsibility commenced an investigation into the removal of nine U.S. Attorneys and issued a report in September 2008.[85] The report cited serious issues of accountability removing a few of the U.S. Attorneys, but there was no finding that the nine U.S. Attorneys were removed for illegal or improper reasons. To the contrary, the report concluded that Margaret Chiara and Kevin Ryan were removed appropriately for management issues. Paul Charlton was removed for his action relating to a death penalty case and unilateral implementation of an interrogation policy. The report found Carol Lam was removed because of the Justice Department's concerns about the low number of gun and immigration prosecutions in her district. The report concluded John McKay was asked to leave because of his disagreement with the Deputy Attorney General over an information-sharing program.[85] The report could not cite to a reason Dan Bogden was asked to leave, but there was no finding that anything illegal or improper occurred with his removal. The report concluded Bud Cummins was asked to leave to make room for another political appointee that he himself conceded under oath was qualified to serve as a U.S. Attorney. These findings were consistent with testimony given by Gonzales. Politics was clearly involved.[85]
The report also concluded Todd Graves was removed to settle a political dispute in Missouri, which was motivated by politics.[85] The report found that it could not conclude that David Iglesias was removed for an improper reason. Because the IG had no authority to investigate Congress or the White House, the IG asked Attorney General Mukasey to appoint a special prosecutor to investigate the Iglesias removal.[85] This special prosecutor found no wrongdoing in the removal of Iglesias. The DOJ IG found no criminal wrongdoing in the records.[85] As the Wall Street Journal reported "the Justice Department informed Congress on Wednesday that a special investigator in the case found no evidence of wrongdoing ... the investigator's final word is that no Administration official gave 'false statements' to Congress or to the DOJ Inspector General, which carried out their own investigation."[86] In particular, the report found no evidence that Gonzales made false or misleading statements to Congress, thus clearing him of accusations of perjury.[85][87]
The IG report determined that some statements made by Gonzales at a March 13, 2007, press conference about his involvement were inaccurate. The report did not conclude that Gonzales deliberately provided false information.[85]: 347 He acknowledged from the outset his misstatements, accepted responsibility, and attempted to set the record straight well before congressional testimony on April 19, 2007. Gonzales testified 18 months before the IG reports that statements he made at the March 13, 2007, press conference were misstatements and were overboard.[76] Further, in his written statement to the Senate Judiciary Committee, presented April 19, 2007, Gonzales wrote: "I misspoke at a press conference on March 13th when I said that I "was not involved in any discussions about what was going on." That statement was too broad. At that same press conference, I made clear that I was aware of the process; I said, "I knew my Chief of Staff was involved in the process of determining who were the weak performers, where were the districts around the country where we could do better for the people in that district, and that's what I knew". Of course, I knew about the process because of, at a minimum, these discussions with Mr. Sampson. Thus, my statement about "discussions" was imprecise and overboard, but it certainly was not in any way an attempt to mislead the American people."
In August 2009, White House documents released showed that Rove raised concerns directly with Gonzales and that Domenici or an intermediary may have contacted the Justice Department as early as 2005 to complain.[88] In contrast, Gonzales told the Senate Judiciary Committee in 2007: "I don't recall ... Senator Domenici ever requesting that Mr. Iglesias be removed."[88] In July 2010, Department of Justice prosecutors closed the two-year investigation without filing charges after determining that the firings were not criminal, saying "Evidence did not demonstrate that any prosecutable criminal offense was committed with regard to the removal of David Iglesias. The investigative team also determined that the evidence did not warrant expanding the scope of the investigation beyond the removal of Iglesias."[89]
NSA domestic eavesdropping program
Gonzales was an early advocate of the controversial
In a December 2005 article[91][92] in The New York Times, it was revealed that the National Security Agency (NSA) was eavesdropping on U.S. citizens without warrants in cases where (i) NSA intelligence agents had reason to believe at least one party to the call was a member of al Qaeda or a group affiliated with al Qaeda, and (ii) the call was international.[93] The New York Times acknowledged that the activities had been classified, and that it had disclosed the activities over the Administration's objections. As such, Attorney General Gonzales threatened the Times with prosecution under the Espionage Act of 1917,[94] since knowing publication of classified information is a federal crime. Gonzales raised the possibility that The New York Times journalists could be prosecuted for publishing classified information based on the outcome of the criminal investigation underway into leaks to the Times of data about the National Security Agency's surveillance of terrorist-related calls between the United States and abroad. He said, "I understand very much the role that the press plays in our society, the protection under the First Amendment we want to protect and respect ..." As for the Times, he said, "As we do in every case, it's a case-by-case evaluation about what the evidence shows us, our interpretation of the law. We have an obligation to enforce the law and to prosecute those who engage in criminal activity."[94]
The publication led to an investigation by the Office of Professional Responsibility (OPR) over the role of Department of Justice (DOJ) lawyers in giving legal advice to support various intelligence collection activities. OPR is responsible for investigating allegations of professional misconduct by DOJ attorneys. The objective of OPR is to ensure that DOJ attorneys perform their duties in accordance with the highest professional standards.
The Bush Administration and Attorney General Gonzales believed that OPR did not have the authority to investigate Gonzales's role as White House Counsel in connection with certain intelligence activities authorized by the President. In response to suggestions that Gonzales blocked the investigation or that the President blocked the investigation to protect Gonzales, Assistant Attorney General Richard Hertling informed Chairman John Conyers on March 22, 2007, that "the President made the decision not to grant the requested security clearances to" OPR staff. Judge Gonzales "was not told he was the subject or target of the OPR investigation, nor did he believe himself to be ..." Judge Gonzales "did not ask the President to shut down or otherwise impede the OPR investigation". Judge Gonzales "recommended to the President that OPR be granted security clearance."[95]
In a letter to the Senate dated August 1, 2007, Gonzales disclosed that shortly after the
In March 2004, the TSP operations, (code-named
In testimony to the
In walked Mr. Gonzales, carrying an envelope, and Mr. Card. They came over and stood by the bed. They greeted the attorney general very briefly, and then Mr. Gonzales began to discuss why they were there, to seek his approval ... I was very upset. I was angry. I thought I had just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me.[107]
Later testimony from Gonzales and others confirmed that Ashcroft did not seem disoriented, but in fact seemed lucid enough to describe to Card and Gonzales, in great detail, the basis of the Department's legal arguments, and even to complain about clearance decisions by the President relative to the TSP.
Comey also testified that there was significant dissent among top law enforcement officers over the program, although he did not specifically identify it in the hearing. Moreover, in light of the incident at the hospital, "top Justice Department officials were prepared to resign over it."[107]
Jack Goldsmith, the former head of the Office of Legal Counsel at the Justice Department, corroborates many of the details of Comey's Senate testimony regarding the March 10, 2004, hospital room visit, in a preview of his book "The Terror Presidency", which was to be published in Fall 2007. In the September 9, 2007, issue of The New York Times Magazine Jeffrey Rosen reports on an extended interview he had with Goldsmith, who was also in the hospital room that night.[108]
As he recalled it to me, Goldsmith received a call in the evening from his deputy, Philbin, telling him to go to the George Washington University Hospital immediately, since Gonzales and Card were on the way there. Goldsmith raced to the hospital, double-parked outside and walked into a dark room. Ashcroft lay with a bright light shining on him and tubes and wires coming out of his body.
Suddenly, Gonzales and Card came in the room and announced that they were there in connection with the classified program. "Ashcroft, who looked like he was near death, sort of puffed up his chest," Goldsmith recalls. "All of a sudden, energy and color came into his face, and he said that he didn't appreciate them coming to visit him under those circumstances, that he had concerns about the matter they were asking about and that, in any event, he wasn't the attorney general at the moment; Jim Comey was. He actually gave a two-minute speech, and I was sure at the end of it he was going to die. It was the most amazing scene I've ever witnessed."
After a bit of silence, Goldsmith told me, Gonzales thanked Ashcroft, and he and Card walked out of the room. "At that moment," Goldsmith recalled, "Mrs. Ashcroft, who obviously couldn't believe what she saw happening to her sick husband, looked at Gonzales and Card as they walked out of the room and stuck her tongue out at them. She had no idea what we were discussing, but this sweet-looking woman sticking out her tongue was the ultimate expression of disapproval. It captured the feeling in the room perfectly."
Comey also testified that Ashcroft "expressed himself in very strong terms."[106] Goldsmith testified that Ashcroft spoke at length about the legal issue. "Attorney General Ashcroft ... [gave] a couple of minutes' speech in which he said that he .... shared the Justice department's concerns."[109] Although he was not present for the conversation between Gonzales and Ashcroft, FBI Director Bob Mueller testified, "Ashcroft complained to Judge Gonzales about White House compartmentalization rules preventing Ashcroft from getting the advice he needed."[110] On July 24, 2007, Gonzales testified that he and Card were also concerned about Ashcroft's competency. "Obviously there was concern about General Ashcroft's condition. And we would not have sought nor did we intend to get any approval from General Ashcroft if in fact he wasn't fully competent to make the decision."[111] In response to a question from Senator Hatch, Gonzales continued, "Obviously we were concerned about the condition of General Ashcroft. We obviously knew he had been ill and had surgery. And we never had any intent to ask anything of him if we did not feel that he was competent. When we got there, I will just say that Mr. Ashcroft did most of the talking. We were there maybe five minutes – five to six minutes. Mr. Ashcroft talked about the legal issues in a lucid form, as I've heard him talk about legal issues in the White House.[111] During the July 24 hearing, Gonzales's testimony lasted for almost four hours before the
Mr. Comey's testimony about the hospital visit was about other intelligence activities—disagreement over other intelligence activities. That's how we'd clarify it.[107]
Senator Chuck Schumer confronted Gonzales over this statement: "That is not what Mr. Comey says; that is not what the people in the room say." Gonzales responded "That's how we clarify it."[107] Nonetheless, the DOJ Inspector General's report concluded that there was nothing false or intentionally misleading in Gonzales's account.[citation needed]
The Inspector General also concluded that the dispute between the White House and the DOJ concerned "Other Intelligence Activities," which, though they had been implemented through the same Presidential Authorization, were not the same as the communications interception activities that the President publicly identified as the Terrorist Surveillance Program.[112]: 36 The DOJ Inspector General agreed with Gonzales noting in his report that the "dispute-which resulted in the visit to Attorney General Ashcroft's hospital room by Gonzales and Card and brought several senior DOJ and FBI officials to the brink of resignations – concerned certain of the Other Intelligence Activities that were different from the communication interception activities that the President later publicly acknowledged as the Terrorist Surveillance Program, but that had been implemented through the same Presidential Authorization.[112] As the IG report confirms, the dispute involved Other Intelligence Activities, it was not about TSP.[112]
Through his testimony before Congress on issues ranging from the Patriot Act to U.S. Attorney firings, he commonly admitted ignorance.[113] The response to Gonzales's testimony by those Senators serving on both the Judiciary and Intelligence Committees was one of disbelief. Russ Feingold, who is a member of both the Judiciary and Intelligence committees, said, "I believe your testimony is misleading at best," which Sheldon Whitehouse—also a member of both committees—concurred with, saying, "I have exactly the same perception." Chuck Schumer said Gonzales was "not being straightforward" with the committee. Judiciary Committee Chairman Patrick Leahy said, "I just don't trust you," and urged Gonzales to carefully review his testimony. The ranking Republican on the Judiciary Committee, Arlen Specter, said to Gonzales, "Your credibility has been breached to the point of being actionable." Leahy and Specter's comments were interpreted as warnings that Gonzales might have been perjuring himself. After the meeting, Intelligence Committee Chairman Jay Rockefeller said Gonzales was being "untruthful." Rockefeller's sentiments were echoed by Jane Harman, a senior member of the House Intelligence Committee, who accused Gonzales of "selectively declassifying information to defend his own conduct."[114]
On July 26, 2007, the
On that same day,
Rep. Sheila Jackson Lee (D-TX) asked Mueller "Did you have an opportunity to talk to General Ashcroft, or did he discuss what was discussed in the meeting with Attorney General Gonzales and the chief of staff?" He replied "I did have a brief discussion with Attorney General Ashcroft." Lee went on to ask "I guess we use [the phrase] TSP [Terrorist Surveillance Program], we use warrantless wiretapping. So would I be comfortable in saying that those were the items that were part of the discussion?" He responded "It was—the discussion was on a national—an NSA program that has been much discussed, yes."[107]
On Thursday, August 16, 2007, the
On July 26, 2007, a letter to
On Wednesday, June 27, 2007, the
On July 27, 2007, both
On Tuesday, August 28, 2007—one day after Gonzales announced his resignation as Attorney General effective September 17—
On Thursday, August 30, 2007, Justice Department
It has been reported that a person involved in the incident of March 10, 2004, hospital room meeting with John Ashcroft has said that much of the confusion and conflicting testimony that occurred about intelligence activities was because certain programs were so classified that they were impossible to speak about clearly.[14] The Department of Justice Inspector General recognized that Gonzales was in the difficult position of testifying before the Senate Judiciary Committee about a highly classified program in an open forum.[112]
On July 31, 2007,
Gonzales v. Carhart
As
Speculation on Supreme Court nomination
Shortly before the July 1, 2005, retirement announcement of Associate Justice of the Supreme Court of the United States Sandra Day O'Connor, rumors started circulating that a memo had leaked from the White House stating that upon the retirement of either O'Connor or Chief Justice of the United States William Rehnquist, that Gonzales would be the first nominee for a vacancy on the Court.
Quickly, conservative stalwarts[132] such as National Review magazine[133] and Focus on the Family, among other socially conservative groups, stated they would oppose a Gonzales nomination.[134]
Much of their opposition to Gonzales was based on his perceived support of
In a series of cases before the Texas Supreme Court in 2000, the court was asked to construe for the first time the 1999 Texas parental notification law forbidding a physician from performing an abortion on a pregnant, unaccompanied minor without giving notice to the minor's parents at least 48 hours before the procedure. Texas legislators adopted a policy to create a judicial bypass exception in those cases where (1) the minor is mature and sufficiently well informed to make the decision to have an abortion performed without notification to either of her parents; (2) notification will not be in the best interest of the minor or (3) notification may lead to physical, sexual or emotional abuse of the minor. The court was asked in these cases to discern legislative intent for the first time to these subjective standards, presumably included in the law as a matter of Texas policy and to make the law constitutional under U.S. Supreme Court precedents.[citation needed]
In the seven parental notification decisions rendered by the court, Gonzales voted to grant one bypass. For In re Jane Doe 5 his concurring opinion began with the sentence, "I fully join in the Court's judgment and opinion." He went on, though, to address the three dissenting opinions, primarily one by Nathan L. Hecht alleging that the court majority's members had disregarded legislative intent in favor of their personal ideologies. Gonzales's opinion dealt mostly with how to establish legislative intent. He wrote, "We take the words of the statute as the surest guide to legislative intent. Once we discern the Legislature's intent we must put it into effect, even if we ourselves might have made different policy choices." He added, "[T]o construe the Parental Notification Act so narrowly as to eliminate bypasses, or to create hurdles that simply are not to be found in the words of the statute, would be an unconscionable act of judicial activism," and "While the ramifications of such a law and the results of the Court's decision here may be personally troubling to me as a parent, it is my obligation as a judge to impartially apply the laws of this state without imposing my moral view on the decisions of the Legislature."[citation needed]
Political commentators had suggested that Bush forecast the selection of Gonzales with his comments defending the Attorney General made on July 6, 2005, in
After the death of Chief Justice William Rehnquist on September 3, 2005, creating another vacancy, speculation resumed that President George W. Bush might nominate Gonzales to the Court. This again proved to be incorrect, as Bush decided to nominate Roberts to the chief justice position, and on October 3, 2005, nominated Harriet Miers as associate justice, to replace Justice Sandra Day O'Connor. On October 27, 2005, Miers withdrew her nomination, again renewing speculation about a possible Gonzales nomination. This was laid to rest when Judge Samuel Alito received the nomination and subsequent confirmation.
On September 11, 2005,
Resignation
Demand
A number of members of both houses of Congress publicly said Gonzales should resign, or be fired by Bush. Calls for his ousting intensified after his testimony on April 19, 2007. But the President gave Gonzales a strong vote of confidence saying, "This is an honest, honorable man, in whom I have confidence." The President said that Gonzales's testimony "increased my confidence" in his ability to lead the Justice Department. Separately, a White House spokeswoman said, "He's staying".[136]
On May 24, 2007, Senators
On June 11, 2007, a Senate vote on
On July 30, 2007, MSNBC reported that Rep. Jay Inslee announced that he would introduce a bill the following day that would require the House Judiciary Committee to begin an impeachment investigation against Gonzales.[141][142]
Others wrote in support of Gonzales, including the Latino Coalition[143] and the Federal Law Enforcement Officers Association.[144]
Democrats calling for departure:
- Sen. Senate Majority Leader: "It's foolishness if (President Bush) hangs on to him"[145]
- Sen. Chuck Schumer (D-NY), Vice-Chairman of Senate Democratic Conference, chairman of the Democratic Senatorial Campaign Committee and member of the Senate Judiciary Committee: "doesn't accept or doesn't understand that he is no longer just the president's lawyer,"[146] "carrying out the political wishes of the President"[147] (first member of either chamber to call for ouster)
- Sen. Patrick Leahy (D-VT), Chairman of the Senate Judiciary Committee: "I don't think he can be effective"[148]
- Sen. Joe Biden (D-DE), member of the Senate Judiciary Committee: "I think we'd be better off if he did (resign), but that's a judgment the president is going to have to make"[149]
- Sen. Maria Cantwell (D-WA): "perplexed by the attorney general's testimony,"[150] "he has served as the president's lawyer, not our nation's"[149]
- Sen. Hillary Clinton (D-NY): "buck should stop somewhere"[151]
- Sen. Chris Dodd (D-CT): "egregious lapses in judgment"[152]
- Sen. Dianne Feinstein (D-CA), member of the Senate Judiciary Committee: "I believe he should step down ... the nation is not well served by this"[153]
- Sen. Ted Kennedy (D-MA), member of the Senate Judiciary Committee: "his resignation is long overdue"[154]
- Sen. John Kerry (D-MA): "there must be accountability from the top down"[155]
- Sen. Blanche Lincoln (D-AR): "I believe the Administration and the nation would be better served if Mr. Gonzales were replaced."[156]
- Sen. Bill Nelson (D-FL): "lost his credibility"[149]
- Sen. Barack Obama (D-IL): "subverted justice to promote a political agenda"[157]
- Sen. Mark Pryor (D-AR): "when the Attorney General lies to a United States Senator ... it's time for that Attorney General to go"[158]
- Sen. Sheldon Whitehouse (D-RI), member of the Senate Judiciary Committee: "he had a hard sell to make to me, and he didn't make it"[159]
- Sen. Ken Salazar (D-CO): "I believe it is in the best interest of our Nation for the Department of Justice to get a fresh start with a new Attorney General."[149]
- Rep. Nancy Pelosi (D-CA), Speaker of the House of Representatives: "has lost the trust of the American people"[160]
- Rep. Shelley Berkley (D-NV): "shredded his credibility"[149]
- Rep. Rick Larsen (D-WA): "has not been forthcoming"[149]
- Rep. House Judiciary Committee: told Gonzales in House testimony that it "makes me ill to see what has happened" to the Justice Department, and that "I don't think you're the one to fix it"[149]
Republicans calling for Gonzales to leave:
- Sen. John E. Sununu (R-NH), first Republican to call for ouster: "If I were the president, I would fire the attorney general"[161]
- Sen. Gordon Smith (R-OR): ouster "would be helpful"[161]
- Sen. Tom Coburn (R-OK), member of the Senate Judiciary Committee: told Gonzales at hearing that "the best way to put this behind us is your resignation";[162] had earlier described affair as "idiocy"[163]
- Sen. John McCain (R-AZ): "very disappointed in his performance", "it would be best for Gonzales to quit"[164]
- Sen. Jeff Sessions (R-AL), member of Senate Judiciary Committee: "If he and the President decide that he cannot be an effective leader moving forward, then he should resign."[165]
- Sen. Norm Coleman (R-MN): "deeply concerned"[166]
- Sen. Arlen Specter (R-PA), ranking Republican on Senate Judiciary Committee: called failure to step down "bad for the Justice Department"[167]
- Sen. Chuck Hagel (R-NE): "lost the moral authority to lead"[168]
- Rep. Dana Rohrabacher (R-CA): "the president should have an attorney general who is less a personal friend and more professional in his approach"[169]
- Rep. Paul Gillmor (R-OH): "lightning rod"[170]
- Rep. Vern Ehlers (R-MI): "he's hurt the President by what he's doing ... he's damaged himself and the President"[171]
- Rep. Jon Porter (R-NV): "egregiously mishandled," "we need to restore confidence"[172]
- Rep. Dean Heller (R-NV): "it's become a distraction"[149]
- Rep. Lee Terry (R-NE): "I trusted him before, but I can't now"[173]
- Rep. House Republican Conference Chairman, 1st top House Republican to call for ouster: "time for fresh leadership"[174]
- Rep. Tom Tancredo (R-CO): "a series of leadership failures"[175]
In addition, several Republicans were critical of Gonzales, without calling for his resignation or firing:
- Sen. John Cornyn (R-TX), member of Senate Judiciary Committee: "the way this has been handled has been deplorable"[176]
- Sen. John Ensign (R-NV), chairman of National Republican Senatorial Committee: "incompetence," "they blew it"[177]
- Sen. Lindsey Graham (R-SC), member of Senate Judiciary Committee: "He has said some things that just don't add up"[178]
- Sen. Susan Collins (R-ME): "I do not think he has served the president well"[179]
- Rep. Jim Sensenbrenner (R-WI), member of House Judiciary Committee: "could die by a thousand cuts"[180]
Republican Senators Trent Lott and Orrin Hatch expressed support for Gonzales, although Hatch conceded that Gonzales had "bungled."[181]
Announcement
On August 26, 2007, Gonzales submitted his resignation as attorney general with an effective date of September 17, 2007.[84] In a statement on August 27, Gonzales thanked the President for the opportunity to be of service to his country, giving no indication of either the reasons for his resignation or his future plans. Later that day, President Bush praised Gonzales for his service, reciting the numerous positions in Texas government, and later, the government of the United States, to which Bush had appointed Gonzales. Bush attributed the resignation to Gonzales's name having been "dragged through the mud" for "political reasons".[84] Senators Schumer (D-NY), Feinstein (D-CA), and Specter (R-PA) replied that the resignation was entirely attributable to the excessive politicization of the attorney general's office by Gonzales, whose credibility with Congress, they asserted, was nonexistent.
Successor
On September 17, 2007, President Bush announced the nomination of ex-Judge
Post-resignation
Investigations
Soon after departure from the DOJ in September 2007, continuing inquiries by Congress and the Justice Department led Gonzales to hire a criminal-defense lawyer George J. Terwilliger III, partner at White & Case, and former deputy attorney general under former president George H. W. Bush. Terwiliger was on the Republican law team involved in Florida presidential election recount battle of 2000.[183]
On October 19, 2007,
On November 15, 2007, The Washington Post reported that supporters of Gonzales had created a trust fund to help pay for his legal expenses, which were mounting as the Justice Department Inspector General's office continued to investigate whether Gonzales committed perjury or improperly tampered with a congressional witness.[185] The Inspector General determined that Gonzales did not commit perjury or improperly tamper with a congressional witness.[112]
In July 2008, the DOJ-OIG issued a report investigating improperly politicized hirings by the attorney general's office.[186]
On September 2, 2008, the Inspector General found that Gonzales had stored classified documents in an insecure fashion, at his home and insufficiently secure safes at work.[187] The Inspector General investigation found no evidence showing that there was any unauthorized disclosure of classified information resulting from his mishandling and storage of the materials in question, and the IG did not make a referral to the National Security Division for violation of a criminal statute.[188]
Some members of Congress criticized Gonzales for selectively declassifying some of this information for political purposes.[187] The Justice Department declined to press criminal charges.[187]
Later career
In April 2008, The New York Times reported that Gonzales was having difficulty securing a new job, unusual for a former attorney general.
Gonzales gave an interview to The Wall Street Journal on December 31, 2008, in which he discussed the effect that controversies in his Bush Administration roles had had on his career and public perception.[192][193] He stated:
For some reason, I am portrayed as the one who is evil in formulating policies that people disagree with. I consider myself a casualty, one of the many casualties of the war on terror.[193][194]
Since leaving public office he has appeared on a number of television and radio news shows, including The Situation Room with Wolf Blitzer, to discuss the nomination of Sonia Sotomayor to the U.S. Supreme Court,[195] Larry King Live to discuss the challenges of immigration,[196] and Geraldo at Large to discuss terrorism related issues.[197] He has given numerous radio interviews on shows such as NPR's Tell Me More, covering such topics as Guantanamo Bay and Supreme Court nominations.[198] Additionally, he has written opinion pieces for The Washington Post, Los Angeles Times, and USA Today, covering issues ranging from immigration to sexual predators.[199][200][201] He stated an intention to write a book about his roles, with the intention of publishing the book "for my sons, so at least they know the story." No publishing company had agreed to promote the book at the time of the interview.[194]
Gonzales was featured in the 2008
Texas Tech University
In 2009, Texas Tech University System hired Gonzales. He acted as the diversity recruiter for both Texas Tech University and Angelo State University.[203] Additionally, at Texas Tech, he taught a political science "special topics" course dealing with contemporary issues in the executive branch,[204] and a graduate level course to students pursuing a master's degree in public administration. He began the new job on August 1, 2009.[205] After the announcement, more than 40 professors at Texas Tech signed a petition opposing the hiring.[206] Texas Tech Chancellor Kent Hance said Gonzales has generated interest in the University by recruiting outside of Lubbock and through his reputation in the news. "I had a young man come up to me Monday in a restaurant and he said, "I'm in Judge Gonzales's class, and it's the best class I've ever taken. Thank you for providing him to the community." Hance said.[207]
Grand jury indictment
In November 2008 Gonzales was indicted by a grand jury in Willacy County in Texas. He was accused of stopping an investigation into abuses at the
International investigation
On November 14, 2006, invoking universal jurisdiction, legal proceedings were started in Germany against Gonzales for his alleged involvement under the command responsibility of prisoner abuse by writing the controversial legal opinions.[210] On April 27, 2007, Germany's Federal Prosecutor announced she would not proceed with an investigation. In November 2007, the plaintiffs appealed the decision. On April 21, 2009, the Stuttgart Regional Appeals Court dismissed the appeal.
On March 28, 2009, a Spanish court, headed by
Texas Supreme Court opinions
This is a list of opinions in which Alberto Gonzales wrote the majority court opinion, wrote a concurring opinion, or wrote a dissent. Cases in which he joined in an opinion written by another justice are not included. A justice "writes" an opinion if the justice has primary responsibility for the opinion. Justices are assisted by a law clerk who may play an important role in the actual analysis of legal issues and drafting of the opinion. The Texas Supreme Court issued 84 opinions during Gonzales's tenure on the court, according to LexisNexis.
Majority opinions
- Fitzgerald v. Advanced Spine Fixation Systems, 996 S.W.2d 864 (Tex. 1999).
- Texas Farmers Insurance Company v. Murphy, 996 S.W.2d 873 (Tex. 1999).
- Mid-Century Insurance Company v. Kidd, 997 S.W.2d 265 (Tex. 1999).
- General Motors Corporation v. Sanchez, 997 S.W.2d 584 (Tex. 1999).
- In re Missouri Pac. R.R. Co., 998 S.W.2d 212 (Tex. 1999).
- Mallios v. Baker, 11 S.W.3d 157 (Tex. 2000).
- Gulf Insurance Company v. Burns Motors, 22 S.W.3d 417 (Tex. 2000).
- Southwestern Refining Co. v. Bernal, 22 S.W.3d 425 (Tex. 2000).
- Golden Eagle Archery, Inc. v. Jackson, 24 S.W.3d 362 (Tex. 2000).
- City of Fort Worth v. Zimlich, 29 S.W.3d 62 (Tex. 2000).
- Prudential Insurance Company of America v. Financial Review Services, Inc., 29 S.W.3d 74 (Tex. 2000).
- Texas Department of Transportation v. Able, 35 S.W.3d 608 (Tex. 2000).
- Pustejovsky v. Rapid-American Corp., 35 S.W.3d 643 (Tex. 2000).
- John G. & Marie Stella Kenedy Memorial Foundation v. Dewhurst, 44 Tex. Sup. J. 268 (2000), withdrawn.[214]
Concurring opinions
- In re Dallas Morning News, 10 S.W.3d 298 (Tex. 1999).
- Osterberg v. Peca, 12 S.W.3d 31 (Tex. 2000).
- In re Jane Doe 3, 19 S.W.3d 300 (Tex. 2000).
- In re Doe, 19 S.W.3d 346 (Tex. 2000). (This case is popularly referred to as "In re Jane Doe 5".)
- Grapevine Excavation, Inc. v. Maryland Lloyds, 35 S.W.3d 1 (Tex. 2000).
Partial dissent, partial concurrence
- Lopez v. Munoz, Hockema, & Reed, 22 S.W.3d 857 (Tex. 2000)
See also
References
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We conclude that, by its own test, the Government should recognise that the Geneva Conventions are failing to provide necessary protection because they lack clarity and are out of date. We recommend that the Government work with other signatories to the Geneva Conventions and with the International Committee of the Red Cross to update the Conventions in a way that deals more satisfactorily with asymmetric warfare, with international terrorism, with the status of irregular combatants, and with the treatment of detainees.
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MOSCHELLA: No. And let me just say that has been talked about. EARS reports are not reviews of the U.S. attorneys themselves. The U.S. attorneys have two supervisors, the attorney general and the deputy attorney general.
- House Judiciary Committee. May 23, 2007. 1:05:00.
- ^ a b "Alberto Gonzales, Senate Judiciary Committee Testimony". C-SPAN. April 19, 2007. 7, 48–49 & 62.
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Obviously I am concerned about the fact that information, incomplete information, was communicated or may have been communicated to the Congress. I believe very strongly in our obligation to ensure that when we provide information to the Congress, it is accurate and that it is complete and I am very dismayed that that may not have occurred here.
- ^ "Prosecutor Firings Are My Bad—Gonzales". AP. March 13, 2007. Archived from the original on October 15, 2007.
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- ^ "Letter dated July 21, 2010 from Assistant Attorney General Ronald Weich to Chairman John Conyers of the House Judiciary Committee regarding the investigation by Assistant United States Attorney Nora R. Dannehy" (PDF). July 21, 2010. Retrieved July 20, 2018.
- ^ a b Johnson, Carrie (August 12, 2009). "House Judiciary Chairman Says U.S. Attorney Firings Were 'Petty Patronage'". The Washington Post. Retrieved July 18, 2018.
- ^ Apuzzo, Matt; Yost, Pete (July 21, 2010). "DOJ: Prosecutor firing was politics, not crime". Boston.com. AP. Retrieved July 19, 2018.
- ^ A Review of the Federal Bureau of Investigation's Use of National Security Letters (PDF). United States Department of Justice Office of the Inspector General (Report). March 2007. Retrieved April 12, 2007.
- ^ Risen, Jim; Lichtblau, Eric (December 16, 2005). "Bush Lets U.S. Spy on Callers Without Courts". The New York Times. Retrieved May 24, 2019.
- ^ Calame, Byron (August 13, 2006). "Eavesdropping and the Election: An Answer on the Question of Timing". The New York Times. Retrieved July 20, 2018.
- ^ "President's Radio Address". georgewbush-whitehouse.archives.gov. December 17, 2005. Retrieved October 26, 2018.
- ^ a b Pincus, Walter (May 22, 2006). "Prosecution of Journalists Is Possible in NSA Leaks". The Washington Post. Retrieved July 19, 2018.
- ^ Letters from R. Hertling, Acting Assistant Attorney General to Rep. Conyers, March 22, 2007; see also DOJ000748-63, Letter from R. Hertling to Sen. Feingold, Sen. Schumer, Sen. Durbin, Sen. Kennedy, Rep. Hinchy, Rep. Lewis and Rep. Woolsey (same); DOJ 000772, Letter from R. Hertling to Sen. Leahy, June 21, 2007 at 1 (explaining that Attorney General Gonzales does not have authority to grant access to classified information relating to TSP); DOJ 000774 (same, to Senator Specter).
- ^ "Senate Judiciary Hearing, "Electronic Surveillance Authority, Part 1"". C-SPAN. February 6, 2006.
- ^ Gonzales, Alberto (January 24, 2006). "Prepared Remarks at the Georgetown University Law Center". Retrieved July 19, 2018.
- ^ "Alberto Gonzales Hosts "Ask the White House"". georgewbush-whitehouse.archives.gov. January 25, 2006. Retrieved July 19, 2018.
- ^ Blitzer, Wolf (February 2, 2006). "Spying Slugfest; Massive Manhunt Under Way in Massachusetts; John Boehner Elected to Replace Tom DeLay as House Majority Leader; Super Bowl Security Extraordinary; Law Enforcement Departments Face Difficulties Recruiting; Web Sites, Pirate Radio Offer Howard Stern For Free; Saddam Skips Court; Drug Smuggling With Puppies; Weight Loss Pill". The Situation Room. CNN. Retrieved July 19, 2018.
- ^ "The NSA Program to Detect and Prevent Terrorist Attacks: Myth v. Reality" (PDF). United States Department of Justice. January 27, 2006. Retrieved July 19, 2018.
- ^ King, Larry (January 16, 2006). "Interview With Alberto Gonzales; Interview With James Risen". Larry King Live. Retrieved July 19, 2018.
- ^ Klaidman, Daniel (December 13, 2008). "Now We Know What the Battle Was About". Newsweek. Archived from the original on January 10, 2010. (Mirror)
- ^ "Schumer Calls for Special Prosecutor for Gonzales' Perjury". CNN. July 28, 2007. Archived from the original on November 18, 2021 – via YouTube.
- ISBN 978-0-307-59061-9.
- ^ Johnston, David (May 16, 2007). "Bush Intervened in Dispute Over N.S.A. Eavesdropping". The New York Times. Archived from the original on May 11, 2011. Retrieved April 23, 2010.
- ^ a b c Preserving Prosecutorial Independence: Is the Department of Justice Politicizing the Hiring and Firing of U.S. Attorneys? –- Part IV. Government Publishing Office. May 15, 2007. Retrieved July 19, 2018.
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ignored (help) - ^ a b c d e f Suarez, Ray (July 27, 2007). "Democrats Seek Perjury Charge for Attorney General". PBS NewsHour. Archived from the original on September 29, 2007. Retrieved July 20, 2018.
- ^ Rosen, Jeffrey (September 7, 2007). "Conscience of a Conservative". The New York Times Magazine. Archived from the original on December 9, 2008. Retrieved September 5, 2007.
- ^ J Goldsmith, Testimony to the Senate Judiciary Committee, October 2, 2007 at 10
- ^ a b "Text: F.B.I. Director's Notes" (PDF). The New York Times. August 17, 2007.
- ^ a b "Senate Judiciary Committee hearing "Dismissal of U.S. Attorneys"". C-SPAN. July 24, 2007. Retrieved July 21, 2018.
- ^ Office of Inspector General of the Department of Defense; Office of Inspector General of the Department of Justice; Office of Inspector General of the Central Intelligence Agency; Office of Inspector General of the National Security Agency; Office of the Director of National Intelligence (July 10, 2009). "Unclassified Report on the President's Surveillance Program"(PDF). Retrieved July 19, 2018.
- ^ Lithwick, Dahlia (July 10, 2007). "Hardly Working: How Alberto Gonzales's incompetence became a defense for his wrongdoing". Slate. Retrieved May 24, 2019.
- ^ Johnston, David; Shane, Scott (July 25, 2007). "Gonzales Denies Improper Pressure on Ashcroft". The New York Times.
- ^ "Documents Dispute Gonzales' Testimony". The New York Times. Associated Press. July 26, 2007. Retrieved July 19, 2018.
- ^ Stout, David (July 26, 2007). "F.B.I. Chief Challenges Gonzales's Testimony". The New York Times. Retrieved July 19, 2018.
- ^ Johnston, David; Shane, Scott (August 17, 2007). "Notes Detail Pressure on Ashcroft Over Spying". The New York Times.
- ^ Yen, Hope (July 30, 2007). "Will Gonzales face a perjury inquiry?". The Oklahoman. Associated Press. Retrieved May 24, 2019.
- ^ Fletcher, Michael (June 28, 2007). "Senators Subpoena The White House". The Washington Post. Retrieved May 24, 2019.
- ^ "Letter to Fred Fielding, Esq., Counsel to the President" (PDF). United States Senate Committee on the Judiciary, Patrick Leahy, Chairman. August 8, 2007. Archived from the original (PDF) on January 6, 2010.
- ^ Riechmann, Deb (August 18, 2007). "White House Wants More Time on Subpoenas". The Washington Post. Associated Press.[dead link]
- ^ Holland, Jesse J. (August 20, 2007). "Leahy Threatens Bush Aides With Contempt". The Washington Post. Associated Press.
- ^ Stout, David (July 27, 2007). "White House Backs Gonzales on Testimony". The New York Times. Archived from the original on June 5, 2015.
- ^ Shenon, Philip; Johnston, David (August 29, 2007). "Democrats Say They Will Press Gonzales Inquiries". The New York Times. Retrieved July 20, 2018.
- ^ Shenon, Philip (August 30, 2007). "Testimony by Gonzales Is Subject of Inquiry". The New York Times.
- ^ "Letter from J.M. McConnell, Director of National Intelligence, to Senator Arlen Specter, Ranking Member, Senate Committee on the Judiciary" (PDF). July 31, 2007. Retrieved July 20, 2018.
- ^ Senate Judiciary Committee Hearing, February 6, 2006, supra note 21, at 200 (Questions and Answers, Responses and Alberto R. Gonzales to Questions from Senator Russell Feingold (July 17, 2006); id at 62 (statement of Alberto Gonzales)
- ^ "Gonzales to senators: 'I may have created confusion'". August 1, 2007. Retrieved July 20, 2018.
- ^ "Preserving Prosecutorial Independence Hearing Before the Senate Committee on the Judiciary, Part IV, 110th Congress 7". May 15, 2007. 15 and 19. Retrieved October 26, 2018.
[James Comey]: I've tried, Senator, not to confirm that I'm talking about any particular program. I just don't feel comfortable in an open forum
- ^ "Preserving the Rule of Law in the Fight Against Terror: Hearing Before the Senate Committee on the Judiciary, 110th Congress 12". C-SPAN. October 2, 2007.
Jack Goldsmith: Well, let me just say in [Judge Gonzales's] defense that ... there is a technical interpretation of what he said that is true ... but it's very difficult to talk about it [,] ... there's confusion about what the labels refer to [,] and it's very difficult to talk about it in an unclassified setting. I could ... certainly explain it to you in much greater detail in a closed session."
- ^ a b "GONZALES v. CARHART". LII / Legal Information Institute. Retrieved April 5, 2022.
- ^ ""Do As We Say, Not As We Do" Says the Right Wing on Judicial Nominees". People for the American Way. July 6, 2005. Archived from the original on February 20, 2008.
- ^ "No to Justice Gonzales". National Review Online. June 28, 2005.
- ^ Fineman, Howard; Rosenberg, Debra (July 6, 2005). "The Holy War Begins: Bush must choose between the big tent or the revival tent". Newsweek. Archived from the original on July 8, 2005.
- ^ Hispanic, December 2005/January 2006, p. 28
- ^ Hunt, Terrence (April 23, 2007). "Gonzales says he intends to remain as attorney general; Bush voices support". Deseret News. AP. Retrieved July 19, 2018.
- ^ Stout, David (May 24, 2007). "Bush Backs Gonzales in Face of No-Confidence Vote". The New York Times. Retrieved August 28, 2007.
- ^ "H.Res. 417". Library of Congress. May 21, 2007. Archived from the original on December 9, 2014. Retrieved May 24, 2007.
- ^ "Roll call, 110th congress, 1st Session, Senate vote number 207 On the Cloture Motion (Motion to Invoke Cloture on the Motion to Proceed to the Consideration of S.J.Res.14.)". United States Senate. June 11, 2007. Retrieved June 12, 2007 – via senate.gov.
- ^ Lipton, Eric (June 11, 2007). "No-Confidence Vote on Gonzales Fails in the Senate". The New York Times. Archived from the original on June 5, 2015. Retrieved July 11, 2007.
- ^ "BREAKING: House Democrats Introducing Bill To Investigate Impeachment Of Alberto Gonzales". Crooks and Liars. Archived from the original on September 30, 2007.
- ^ Inslee, Jay (July 31, 2007). "That the Committee on the Judiciary shall investigate fully whether sufficient grounds exist for the House of Representatives to impeach Alberto R. Gonzales, Attorney General". Retrieved May 24, 2019.
- ^ Press Release, dated March 16, 2007 from the Latino Coalition, "The Latino Coalition Supports Attorney General Alberto Gonzales and calls for an end to Political Persecution against Leading Hispanic Americans
- ^ "Va. Tech tragedy delays Gonzales testimony". AP. April 16, 2007. Retrieved July 20, 2018.
In a March 16 letter to President Bush, for example, Federal Law Enforcement Officers Association president Art Gordon called Gonzales "an honest man with high integrity."
- ^ Batt, Tony (March 15, 2007). "Reid expects attorney general to quit". Las Vegas Review-Journal.
- ^ "March 11: Schumer calls on Gonzales to resign". The Washington Post. March 11, 2007. Retrieved May 24, 2019.
- ^ Sen. Charles Schumer (March 13, 2007). Schumer Calls For Gonzales's Resignation (Television production). CNN. Archived from the original on November 18, 2021. Retrieved August 27, 2007.
carrying out the political wishes of the President
- ^ "Gonzales Vows To Stay On The Job". Politics. CBS News. April 23, 2007. Retrieved August 27, 2007.
I don't think he can be effective
- ^ a b c d e f g h "Calling for Gonzales's Resignation". Common Cause. n.d. Archived from the original on January 30, 2008.
- ^ "Cantwell calls for Gonzales to resign". KEPR-TV. April 25, 2007. Archived from the original on September 30, 2007. Retrieved September 1, 2007.
- ^ Tapper, Jake; Smith, Cindy (March 13, 2007). "Exclusive: Hillary Clinton Calls for Gonzales' Resignation". ABC News. Retrieved July 18, 2018.
- ^ "Presidential Hopefuls Speak Up on Prosecutor Dismissals". Congressional Quarterly. March 19, 2007. Retrieved July 18, 2018 – via nytimes.com.
- ^ Werner, Erica (March 25, 2007). "Feinstein calls for Attorney General Gonzales to resign". United States Senator Dianne Feinstein. Archived from the original on October 15, 2007. Retrieved September 1, 2007.
I believe he should step down.
- ^ "Kennedy: Resignation is long overdue". Archived from the original on March 22, 2007. Retrieved July 18, 2018.
- ^ "Kerry calls on Bush to fire Attorney General". March 13, 2007. Archived from the original on January 12, 2009. Retrieved July 19, 2018 – via senate.gov.
- ^ "C-SPAN alert -- Update II". Arkansas Times. March 15, 2007. Retrieved July 18, 2018.
Given the involvement of the Attorney General's office in intentionally trying to avoid the Senate confirmation process – combined with the serious reservations many in the Senate have had about the Attorney General's nomination since he was appointed – I believe the Administration and the nation would be better served if Mr. Gonzales were replaced.
- ^ "Obama Renews Call for Gonzales to be Replaced as Attorney General". Barack Obama. March 29, 2007. Archived from the original on June 13, 2007. Retrieved August 27, 2007.
subverted justice to promote a political agenda
- ^ "Pryor Calls for Attorney General Gonzales to Resign". Senate office of Mark Pryor. March 15, 2007. Archived from the original on March 28, 2007. Retrieved April 17, 2007.
when the Attorney General lies to a United States Senator ... it's time for that Attorney General to go ...
- National Public Radio: All Things Considered. April 19, 2007. Retrieved August 28, 2007.
- ^ "Pelosi: Gonzales must resign". Press Office of Speaker Nancy Pelosi, United States House of Representatives (Press release). April 20, 2007. Archived from the original on December 3, 2010 – via speaker.gov.
- ^ a b Kiely, Kathy; Johnson, Kevin (March 15, 2007). "Second GOP senator suggests Gonzales should go". USA Today. Retrieved April 20, 2007.
- ^ Lara Jakes Jordan (April 19, 2007). "Gonzales Confronts Call for Resignation". ABC News.
- ^ Sheryl Gay Stolberg and Jeff Zeleny (March 14, 2007). "Mistakes Made on Prosecutors, Gonzales Admits". The New York Times. Archived from the original on October 15, 2007.
- ^ "McCain: It would be best for Gonzales to quit". NBC News. Associated Press. April 26, 2007. Retrieved April 27, 2007.
- ^ "GOP Senator says Gonzales should consider resigning". CNN. April 20, 2007. Retrieved April 20, 2007.
- ^ Kiely, Kathy; Johnson, Kevin (March 15, 2007). "Second GOP senator suggests Gonzales should go". USA Today. Retrieved September 1, 2007.
GOP Sen. Norm Coleman of Minnesota said he is "deeply concerned about how this whole process has been handled."
- ^ Schemo, Diana Jean (April 23, 2007). "Gonzales 'bad for Justice Department,' Specter says". Deseret News. Retrieved August 28, 2007.
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- ^ Alfano, Sean (March 15, 2007). "Strategist Says Gonzales Is "Finished"". CBS News. Retrieved August 28, 2007.
- ^ Roode, Benjamin (March 23, 2007). "Gillmor joins in calls for Gonzales to go (from the Sandusky Register)". Sandusky Register. Archived from the original on September 29, 2007. Retrieved August 28, 2007.
- NPR. Retrieved April 22, 2007.
- ^ "Nevada Republican congressman calls for Gonzales to step down". Las Vegas Sun. April 21, 2007. Archived from the original on April 26, 2007. Retrieved April 22, 2007.
- ^ "Bipartisan questioning about Gonzales needs to continue". Daily Nebraskan. April 10, 2007. Archived from the original on October 15, 2007. Retrieved April 16, 2006.
- ^ Smith, Donna (April 21, 2007). "House Republican leader says Gonzales should go". Reuters. Retrieved May 24, 2019.
"I think it is time for fresh leadership at the Department of Justice," Putnam said in a brief telephone interview.
- ^ "Tancredo: Gonzales should 'move on,' but ...: For illegal immigration prosecutions, not for U.S. attorney flap". NBC News. Associated Press. March 21, 2007. Retrieved July 18, 2018.
- ^ Barrett, Ted; Bohn, Kevin; Malveaux, Suzanne (April 23, 2007). "White House insiders: Gonzales hurt himself before panel". CNN. Retrieved July 18, 2018.
- ^ Skolnik, Sam (March 22, 2007). "Bogden out for 'wrong reasons'". Las Vegas Sun. Archived from the original on July 19, 2018. Retrieved July 18, 2018.
- ^ "Republican support for Gonzales erodes". NBC News. Associated Press. March 17, 2007. Retrieved July 18, 2018.
- ^ Alfano, Sean (March 16, 2007). "Will Gonzales Fall For Attorney Firings?". CBS News. Retrieved July 18, 2018.
- ^ "Gonzales rejects calls for resignation". Boston.com. March 13, 2007. Retrieved July 18, 2018.
- ^ Bozell III, L. Brent (March 29, 2007). "Sunday's Pseudo-Republicans". Media Research Center. Archived from the original on September 27, 2007. Retrieved September 1, 2007.
- ^ Eggen, Dan; Williamson, Elizabeth (September 19, 2007). "Democrats May Tie Confirmation to Gonzales Papers". The Washington Post. pp. A10. Retrieved September 19, 2007.
- ^ Isikoff, Michael; Josenball, Mark (October 10, 2007). "Gonzales Hires a Top Gun: Still under investigation by Congress and Justice Department lawyers who once worked for him, the former attorney general has turned to a leading Washington attorney to help him beat the rap". Newsweek. Archived from the original on October 12, 2007. Retrieved October 13, 2007.
- ^ Morlin, Bill (October 20, 2007). "Gonzales could be prosecuted, McKay says". The Spokesman-Review. Archived from the original on October 22, 2007. Retrieved July 19, 2018.
- ^ Eggen, Dan (November 15, 2007). "Gonzales Defense Fund Set Up – Former Attorney General's Legal Fees Mount in Probe". The Washington Post. Retrieved November 15, 2007.
- ^ "An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General" (PDF). United States Department of Justice Office of the Inspector General. United States Department of Justice. July 28, 2008. Archived from the original (PDF) on March 30, 2018. Retrieved July 20, 2018.
- ^ a b c Totenberg, Nina (September 2, 2008). "Report: Ex-AG Gonzales Mishandled Classified Info". All Things Considered, National Public Radio. Retrieved July 18, 2018.
- ^ "Report of Investigation Regarding Allegations of Mishandling of Classified Documents by Attorney General Alberto Gonzales" (PDF). Office of the Inspector General. United States Department of Justice. September 2, 2008. Retrieved July 18, 2018.
- ^ Lewis, Neil A. (April 13, 2008). "In Searching for New Job, Gonzales Sees No Takers". The New York Times. Retrieved April 16, 2008.
- ^ "Doyle Rogers Distinguished Chair of Law to be Filled by Alberto Gonzales". Belmont University (Press release). Archived from the original on October 12, 2011. Retrieved November 10, 2011.
- ^ "Former United States Attorney General Judge Alberto Gonzales Joins Waller Lansden Dortch & Davis". Waller Lansden. Archived from the original on April 5, 2012. Retrieved October 11, 2011.
- ^ "Alberto Gonzales: Interview Excerpts". The Wall Street Journal. December 31, 2008. Retrieved January 1, 2009.
- ^ a b "Editorial, "Gonzo the Clown"". Daily News. January 5, 2009. Retrieved January 12, 2009.
- ^ a b Perez, Evan (December 31, 2008). "Gonzales Defends Role in Antiterror Policies". The Wall Street Journal.
- ^ Blitzer, Wolf (May 26, 2009). "Obama's Supreme Court Nominee; Senators Judge Sotomayor; When Law and Politics Collide". The Situation Room. CNN. Retrieved July 19, 2018.
- ^ King, Larry (April 29, 2010). "Oil Slick is 120 Miles Wide; Is Arizona's Immigration Law Too Tough?". Larry King Live. Retrieved July 21, 2018.
- ^ Geraldo at Large, Geraldo Rivera, December 22, 2009
- ^ Hopper, Douglas (January 26, 2009). "Alberto Gonzales Defends His Tenure". Tell Me More, NPR. Retrieved July 18, 2018.
- ^ "Anchor Babies aren't the problem with immigration". The Washington Post. August 22, 2010. Retrieved July 19, 2018.
- ^ "The Latino Factor". Los Angeles Times. July 2, 2008. Retrieved July 19, 2018.
- ^ "We owe it to our children to protect them". USA Today. May 14, 2008.
- IMDb
- ^ "Controversial former U.S. Attorney General hired at Texas Tech". Lubbock Avalanche-Journal. July 7, 2009. Retrieved July 7, 2009.
- ^ "Former AG Gonzales to teach at Texas Tech". The Sydney Morning Herald. Associated Press. July 7, 2009. Retrieved May 24, 2019.
- ^ Post, Sally (July 7, 2009). "Alberto Gonzales Brings Expertise, Experience to Texas Tech". Texas Tech Today. Retrieved July 8, 2009.
- ^ Lederman, Doug (July 27, 2009). "Texas Tech Profs Oppose Hiring of Alberto Gonzales". Inside Higher Ed. Retrieved May 24, 2019.
- ^ The Daily Toreador, March 30, 2009, "Gonzales Adapts to West Texas life, Tech professorship"
- ^ a b "Dick Cheney, Alberto Gonzales indicted in S. Texas". Houston Chronicle. November 18, 2008. Archived from the original on June 27, 2009.
- ^ a b Sherman, Christopher (December 2, 2008). "Cheney indictment dropped". Los Angeles Times. AP. Retrieved July 18, 2018.
- ^ Universal jurisdiction
- "Criminal Complaint" (PDF). The Center for Constitutional Rights. 2006. Archived from the original (PDF) on May 24, 2007.
- Zagorin, Adam (November 10, 2006). "Charges Sought Against Rumsfeld Over Prison Abuse". Time.
- "War Crimes Suit Prepared against Rumsfeld". Democracy Now. November 9, 2006. Archived from the originalon November 14, 2007.
- Brecher, Jeremy; Smith, Brendan (November 3, 2006). "War Criminals, Beware". The Nation. Archived from the original on November 20, 2006.
- ^ Simons, Marlise (March 28, 2009). "Spanish Court Weighs Inquiry on Torture for 6 Bush-Era Officials". The New York Times. Archived from the original on April 16, 2009.
- ^ Rucinski, Tracy (March 28, 2009). "Spain may decide Guantanamo probe this week". Reuters. Archived from the original on April 26, 2009. Retrieved March 29, 2009.
- ^ Worthington, Andy (September 8, 2009). "Spanish Judge Resumes Torture Case Against Six Senior Bush Lawyers". HuffPost. Retrieved July 19, 2018.
- ^ The Texas Supreme Court granted rehearing and reversed its own judgment, in an opinion written by Justice Hecht. Kenedy Memorial Foundation v. Dewhurst, 90 S.W.3d 268 (Tex. 2002).
External links
- Official biography from whitehouse.gov
- A second biography from ABC News
- Appearances on C-SPAN