Alberto Gonzalez, U.S. president George W. Bush's long-time friend and associate, resigned yesterday after increasing pressure from Republican and Democratic lawmakers. Gonzalez, who served as White House counsel and later as attorney general, held the highest cabinet position of any hispanic-American. He was an unflappable supporter of the neo-conservative agenda launched by vice-president Dick Cheney and former aide, Karl Rove. Recently, Gonzalez was a key figure in the firing of nine U.S. attorneys, as well as Congressional inquiries into domestic surveillance programs. The solicitor general, Paul Clement, will serve as the interim attorney general.
Gonzalez also played a crucial role in many aspects of constitutional and international law pertaining to the U.S. led “war on terror.” Domestically, the Justice Department has made the claim in support of the Bush administration that the Supreme Court no longer has the ability to issue a writ of habeas corpus, citing the passage of the Military Commissions Act of 2006 (MCA). The MCA revises the authority of the Supreme Court as it pertains to foreign nationals. The issue is being tested at the Supreme Court under the case, In re Ali.
Previously, a foundation of domestic law was seen to derive from international law. The decision in the case, The Paquete Habana, cites the universal obligations of states, noting that international law “like all the laws of nations, … rests upon the common consent of civlized communities. It is of force, not because it was prescribed by any superior power, but because it has been generally accepted as a rule of conduct.” The rights to contest ones detainment is outlined in the “great writ” of habeas corpus, which derives from common usage in the English courts of Henry II in the 12th century – “a generally accepted” rule indeed.
Looking to the Geneva Conventions, Gonzalez also played a key role in the treatment of detainees captured in the “war on terror.” Shortly after the attacks against the U.S. in September, 2001, Gonzalez drafted a memo stating that the Geneva Conventions regarding human rights protections were “obsolete” considering captured affiliates of terrorist organizations. In August, 2002, Gonzalez spearheaded rulings – the “torture memo” – that would allow the use of torture to gather information pertaining to the national security of the United States. Gonzalez also declared prosecution for detainees would be held by military tribunal.
The Supreme Court later ruled that the legal applications of the Justice Department violated the laws of the United States and encroached upon universally recognized human rights – including habeas and the right to be not tortured while in detention. “Exceptional interrogations” are allegedly conducted at the U.S. detention facility at Guantanamo Bay, Cuba, and the current Congressional mandated legislation outlining those proceedings allows the use of evidence derived from these interrogations. These rules are being examined again by U.S. lawmakers, however.
Gonzalez will formally depart in September, 2007 and it is widely speculated that the current head of the U.S. Department of Homeland Security, Michael Chertoff, will succeed him. Solicitor general, Paul Clement, will serve in the interim.
