For Immediate Release: Nov. 10, 2004
Contact: Nicky Lazar (212) 845 5220

Human Rights First Deeply Troubled by Nomination of Alberto Gonzales to Be Attorney General

More on US Law and Security

Take Action: Urge Your Senators to Question Nominee for Attorney General on Rights Record

Human Rights First is deeply troubled by the nomination of Alberto Gonzales as U.S. Attorney General. In his words and actions, Mr. Gonzales has not demonstrated a principled commitment to upholding core constitutional principles and the rule of law.

Human Rights First urges the Senate to closely examine Mr. Gonzales’s record and public statements as Counsel to the President.

As White House Counsel to President Bush, Mr. Gonzales urged in a series of memos to the President (link is below) that the United States need not be bound by its obligations under the Geneva Conventions in the conflict in Afghanistan.

“This no-rules-apply approach helped lay the groundwork for the widespread incidents of torture and abuse we’ve now seen from Iraq to Afghanistan to Guantanamo Bay,” said U.S. Law and Security Program Director Deborah Pearlstein.

In urging a reconsideration of this policy, Secretary of State Colin Powell (link below) warned:

It will reverse over a century of U.S. policy and practice in supporting the Geneva Conventions and undermine the protections of the rule of law for our troops, both in this specific conduct and in general. It has a high cost in terms of negative international reaction, with immediate adverse consequences for our conduct of foreign policy. It will undermine public support among critical allies, making military cooperation more difficult to sustain.

Mr. Gonzales was also a proponent of the Administration’s policy of detaining “enemy combatants” in the United States without access to counsel or an opportunity to dispute the allegations against them. At a speech to the American Bar Association’s Standing Committee on Law and National Security last spring, Mr. Gonzales defended the Administration’s approach, arguing that the President was constrained in the “war on terror” not so much by the rule of law but “as a matter of prudence and policy.” The Supreme Court rejected this view in a decision last June, ruling 8-1 that U.S. citizens held in military custody were entitled to some opportunity to argue their case before an independent authority.

We also are deeply concerned by Mr. Gonzales’ involvement in overseeing the preparation of a series of highly controversial legal memos justifying the use of torture during interrogations of al-Qaeda suspects.

Because he has taken these positions the nomination of Mr. Gonzales sends a troubling message to our country and to the world. We strongly urge the Senate to question Mr. Gonzales thoroughly about these matters and to give very careful consideration to his views and record before deciding whether to confirm his appointment. Senators should also ask to review all of the memos and documents drafted by or approved by the officer of the White House Counsel relating to interrogation procedures. In particular, the Senate must ask Mr. Gonzales if he believes the United States is bound to observe the Geneva Conventions. Senators also should inquire whether Mr. Gonzales would uphold legal restrictions under U.S. and international law prohibiting all forms of torture and other cruel, inhuman and degrading treatment.

Related Material:

White House Counsel Alberto Gonzales' memo to President Bush (PDF - 593KB)

Secretary of State Colin Powell's response to Mr. Gonzales’ memo (PDF - 393KB)

Human Rights First U.S. Law and Security Program

Human Rights First statement on White House memos

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