Retired Hispanic General, Hispanic Law Professors Join Human Rights First In Opposing Gonzales Attorney General Nomination on Eve of Confirmation Vote

Human Rights First Says Gonzales’ Actions
“Helped to Open the Door to Abuses”

New York, NY – Jan. 24 – The first Hispanic Air National Guard officer appointed as an adjutant general in the United States and two Hispanic Stanford Law School professors joined Human Rights First in announcing today that they are formally opposing the nomination of Alberto Gonzales to be Attorney General of the United States. The announcement comes just two days before the Senate Judiciary Committee is expected to vote on Gonzales’ nomination.

“Opposition to a presidential nominee is a rare step for our organization – a step we have only taken once before in our 27-year history,” said Michael Posner, Executive Director of Human Rights First (formerly the Lawyers Committee for Human Rights). “Mr. Gonzales is a talented and experienced lawyer. He has an inspiring personal history. But Mr. Gonzales helped to open the door to abuses that have undermined discipline in the military, put American fighting men and women at greater risk, and denied the United States the moral high ground.”

Read full HRF Statement on its opposition to Gonzales: www.humanrightsfirst.org/us_law/etn/gonzales/
statements/hrf_opp_gonz_012405.asp

Read HRF Analysis of Gonzales’ testimony at his confirmation hearing and his answers to Senate Judiciary’s follow up questions: www.humanrightsfirst.org/us_law/etn/gonzales/
statements/hrf_opp_gonz_full_012405.asp

Posner added that a matter of particular concern is Gonzales’ advocacy of the position that the President has power as Commander-in-Chief to ignore laws passed by Congress.

“Disputes about the constitutionality of laws and treaties of the United States are matters for the courts to decide,” Posner added. “The U.S. Constitution ensures that no one, even the President during wartime, is above the law. That is an important reason we are urging the Senate to reject Gonzales’ nomination.”

Hispanic military and legal leaders also announced their opposition, urging Senators to not fall prey to concerns about being labeled anti-Hispanic.

“Like Judge Gonzales, I know what it feels like to be the first Hispanic to be named to an important leadership position in this country,” said Major General Melvyn Montano (Ret. USAF National Guard), a Vietnam veteran who served 45 years in the military, including 18 years in a command position. “I welcome the prospect of more Hispanics serving in leadership positions in the government, and I respect Judge Gonzales’ inspiring personal story. But given Gonzales’ record, senators who are afraid to vote against his confirmation for fear of being labeled ‘anti-Hispanic’ are doing themselves and their constituents a grave disservice.”

Read General Montano’s full statement:
www.humanrightsfirst.org/us_law/etn/gonzales/statements/
gen-oppose-gonzales-012105.pdf

Mariano-Florentino Cuéllar, an Associate Professor of Law and Deane F. Johnson Faculty Scholar at Stanford Law School and former a law clerk to Chief Judge Mary M. Schroeder, U. S. Court of Appeals for the Ninth Circuit, agreed.

“As a Latino, I oppose double standards whether they benefit or hurt Latinos,” said Cuéllar. “I reluctantly have to ask: if these abuses primarily victimized Latinos instead of non-Latinos, would Latino groups be so united in their support of the Gonzales nomination?”

Jenny S. Martinez, an Assistant Professor of Law at Stanford Law School and former law clerk to U.S. Supreme Court Justice Stephen Breyer, also announced her opposition.

“We should not forget that Latinos’ history in the U.S. shows the importance of fighting to ensure the rule of law is respected and honored,” said Martinez. “Already, harsh immigration laws enacted as anti-terrorism measures are being used against vulnerable immigrant communities with no connection to terrorism at all.”

Professors Cuéllar and Martinez and nine other professors sent a letter to Senate Judiciary Committee detailing their concerns about Gonzales. Read the letter at:
www.humanrightsfirst.org/us_law/etn/gonzales/
statements/specter-ltr-gonzales-011205.pdf

Other NGOs that have formally opposed Gonzales to be attorney general include: Physicians for Human Rights, Global Rights: Partners for Justice, the Open Society Policy Center, Veterans for Common Sense, Center for Constitutional Rights, National Lawyers Guild, Friends Committee on National Legislation (Quaker), Human Rights Watch, Alliance for Justice, Physicians for Social Responsibility, Progressive Christians Uniting (CA), People for the American Way, The Shalom Center, Center for American Progress, True Majority, and Society of American
Law Teachers.

In addition to Major General Montano, a group of other retired military leaders have announced their personal opposition to Gonzales. They include: General Joseph P. Hoar (Ret. USMC), Brigadier General James Cullen (Ret. USA), and Rear Admiral John D. Hutson (Ret. USN). These military leaders are part of a group of 12 retired admirals and generals who released a letter to the Senate Judiciary Committee just before Gonzales’ confirmation hearing on January 6 outlining their concerns about Gonzales. (see www.humanrightsfirst.org/us_law/etn/
gonzales/statements/gonz_military_010405.pdf)

The following newspapers have recently written editorials announcing their opposition to Gonzales’ nomination, including The Albuquerque [NM] Tribune, Boston Globe, Los Angeles Times, The [Bergen County, NJ] Record, [Minneapolis] Star Tribune, The [Columbia, SC] State and The Washington Post.

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