Monday, May 25, 2009

Memo to Congress: Probe Gonzo on possible perjury on torture.


Crooks and Liars:

In April and May 2002, it was White House Counsel Alberto Gonzales who gave CIA interrogation contractor James Mitchell the greenlight to waterboard detainee Abu Zubaydah

It was with that backdrop that Senator
Russ Feingold (D-WI) on January 6, 2005 asked Gonzales (video here) whether he agreed with the Bybee memo's conclusion that "the president, as commander in chief, may authorize interrogations, that violate the criminal laws prohibiting torture and that the Congress may not constitutionally outlaw such activity when it's authorized by the president." Noting that "The December 30 rewrite of the August memorandum does not repudiate this view; It simply says the issue is irrelevant because the president has prohibited torture," Feingold continued:


FEINGOLD: The question here is: What is your view regarding the president's constitutional authority to authorize violations of the criminal law, duly enacted statutes that may have been on the books for many years, when acting as commander in chief? Does he have such authority?


The question you have been asked is not about a hypothetical statute in the future that the president might think is unconstitutional; it's about our laws and international treaty obligations concerning torture.


The torture memo answered that question in the affirmative. And my colleagues and I would like your answer on that today...


GONZALES: Senator, the August 30th memo has been withdrawn. It has been rejected, including that section regarding the commander in chief authority to ignore the criminal statutes.


So it's been rejected by the executive branch. I categorically reject it.
And in addition to that, as I've said repeatedly today, this administration does not engage in torture and will not condone torture.
And so what we're really discussing is a hypothetical situation that [...]


FEINGOLD: Does he have that power?


GONZALES: Senator, in my judgment, you phrase it as sort of a hypothetical situation. I would have to know what is the national interest that the president may have to consider [...]


FEINGOLD: I recognized and I tried to make that distinction, Judge, between electing not to enforce as opposed to affirmatively telling people they can do certain things in contravention of the law.


GONZALES: Senator, this president is not -- it's not the policy or the agenda of this president to authorize actions that would be in contravention of our criminal statutes.

1 comment:

airJackie said...

Gonzo needs a lawyer SPB and quick.
I am always amazed at things that are new. I saw the Supreme Court illegally put Bush in office while disgarding the US Constitiuon. I've seen and heard a Attorney General openly lie under oath, Presidential lawyers break the law and more crime in 8 years then my 62 years on this earth. I thought Nixon was the worse we could do until 2000. Just think how the other criminals now feel they can use the same law and get away with their crimes in the future.