So Impeach Gonzales


President Bush won’t fire his long-time friend U.S. Attorney General Alberto Gonzales… he has too much to lose. He’s used to being able to say – “Here’s how I want it to be – you figure out the legal stuff.”

On Monday President Bush once again expressed his support: “I stand by Al Gonzales.” He accused Senators involved in the push for a no-confidence vote against Gonzales as engaging in “pure political theater,” despite the fact that many Republicans as well as Democrats have called for and/or support his resignation.

According to James Comey, who was acting Attorney General when Ashcroft was in the hospital, Gonzales and then chief-of-staff Andrew Card tried an end run around him by secretly visiting Ashcroft there in the middle of the night. Who knew? Ashcroft, whatever his faults, refused to reauthorize the secret wiretapping program. Notice how long he lasted…

In nominating Alberto Gonzales to be the next attorney general, President Bush has selected a man with a long record of giving him the kind of legal advice he wants. Unfortunately, that advice has not always been of the highest professional or ethical caliber. Gonzales is perhaps best known for a controversial January 2002 memorandum to the president in which he argued that Geneva Convention proscriptions on torture did not apply to Taliban and al Qaeda prisoners, and that the conventions are, in fact, “obsolete.”*

Gonzales is supposed to be working for the American people. He’s supposed to be running the Department of Justice. Let’s be serious. He’s the legal arm of Bush. In 1994, he was named general counsel to Texas Governor George W. Bush, and in 1997 appointed by Bush as Secretary of State of Texas, and in 1999 named to the Texas Supreme Court by the then-Gov. He’s been with Bush all the way.

He has largely succeeded in destroying the Department of Justice – was that the intent? Deputy Attorney General Paul McNulty (Comey’s successor) recently resigned. Professionals that still try to work there are demoralized. They are also surrounded by inexperienced hacks and cronies – like Monica Goodling. Sheesh. How many graduates of Robertson or Falwell U work over there anyway? Do we have workers from Halliburton, Exxon, and Enron too?

Even before the attorney firings, which were clearly motivated by a right-wing agenda, there was enough to impeach him on.

Gonzales is not just Bush’s yes man. I wonder if Bush might be Gonzales’ yes man. Maybe he and Cheney… no, that’s just speculation.

Whatever. Like Cheney, Gonzales is one scary dude. He has actively subverted the Constitution while under oath to protect and defend it.

His role is to promote executive power. He has argued for presidential powers of a “unitary executive” (sounds like a king or a dictator, right? right!). Constitutionally speaking, Bush is commander in chief of the Army and Navy – but not the commander of every government employee, and certainly not commander of the citizenry.

On Gonzales’ advice (and I’m thinking, under significant direction) President George W. Bush has added objections to laws he has signed into law – they basically say that it’s the law, unless he decides it’s not. With Gonzales’ approval, Bush has withheld requested information – on dozens of issues – from Congress. Executive Order 13233, drafted by Gonzales and issued by George W. Bush on November 1, 2001 attempted to place limitations on the Freedom of Information Act by restricting access even to the records of former presidents.

In violation of the spirit of America (not to mention various U.S. statutes and international treaties), Gonzales authored the torture memos, giving a green light from the top for the use of overly-aggressive interrogations for enemy combatants. Oddly, there are no POWs at all. The definition of an enemy combatant is anyone Bush labels as an “enemy combatant” – including U.S. citizens. Since the first wave of what will be the continuing scandal of Abu Graib (you ain’t heard nothin’ yet), we’ve outsourced much of our torture. You may have heard something about that.

Gonzales wrote the Presidential Order which authorized the use of military tribunals to try terrorist suspects, and has fought for shortened or endlessly deferred trials for enemy combatants. He has stated that he doesn’t believe that habeas corpus is constitutional. We should close Guantanamo immediately – for a lot of reasons – and tell detainees what they are charged with – or call them POWs and give them those rights. They are American prisoners. They should be in Levenworth or another high-security prison under American law.

Gonzales had a heavy role in approving electronic surveillance without a warrant – in defiance of the Foreign Intelligence Surveillance Act (at least – we still don’t know how far that has gone or will go). I won’t even get into the multiple issues revolving around the so-called Patriot Acts.

Gonzales’ testimony has been misleading at best. He has not been honest or forthright. Yet unlike Monica Goodling, he doesn’t even have the decency to openly plead the fifth. He giggles at times as he dances around the questions he’s been asked. He’s confident. Isn’t it odd that Bush continues to stonewall against asking him to resign?

Congress has one option: Impeach him! While you still can!

Democracy for America and Greenwald have set up a petition to demand that Congress get serious about holding an errant executive branch to account. Check out the Brave New Films video and sign on:

Impeach Gonzales
http://impeachgonzales.org/

We, The Undersigned, urge the House Judiciary Committee to begin the process of impeachment of US Attorney General Alberto Gonzales, in accordance with Article II, Section 4 of the U.S. Constitution, which provides for removal of the President, Vice President and all civil Officers of the United States. We believe the process will prove that Atty. General Gonzales has committed High Crimes and Misdemeanors, including the abuse of power and violation of the public trust, both impeachable offenses.

YouTube Preview Image

Independent Judiciary, Roe v Wade


So what does Sandra Day O’Connor say (in case you’ve forgotten, she is a Republican but not a neo-con) now that she has announced her retirement from the Supreme Court?

Speaking in Spokane WA to a group of lawyers and judges in late July, retiring U.S. Supreme Court Justice Sandra Day O’Connor said she is worried about the future of the federal judiciary because of a “climate of antipathy” in Congress. “I’m pretty old, you know. In all the years of my life, I don’t think I have ever seen relations as strained as they are now” between the judiciary and Congress, O’Connor said. “It makes me sad. … The present climate is such that I worry about the federal judiciary.”

There is sentiment that courts are overreaching,” and in our country today, “we’re seeing efforts to prevent that: a desire not to have an independent judiciary, and that worries me,” she said. “A key concept of the rule of law is the concept of an independent judiciary.”

Not surprisingly, John Roberts is expressing a firm view of an independent judiciary, but I’m not he means what she means by the phrase.

“Judicial activism” is another strangely loaded phrase, used primarily to accuse judges of “legislating from the bench” or being “out of (our) control” when they don’t get into lockstep with the President’s (or the religious right’s) agenda. It is used to generate antipathy toward the check and balance of the judicial branch as against the executive and legislative branches. Somehow, though, it’s never used to describe examples such as Justices Antonin Scalia and William Rehnquist, who have explicitly said they want to overturn the legal precedent of Roe v. Wade. Bush has loaded up as much as he can with right-wing judges – but even a couple of his appointments have this distressing tendency to look at the case at hand and to make a real judgment, not just move with the ideological wave.

Roberts writes on the Senate Judiciary Committee questionnaire:

“It is difficult to comment on either ‘judicial activism’ or ‘judicial restraint’ in the abstract, without reference to the particular facts and applicable law of a specific case. Precedent plays an important role in promoting the stability of the legal system. A sound judicial philosophy should reflect recognition of the fact that the judge operates within a system of rules developed over the years by other judges equally striving to live up to the judicial oath.”

Roberts said that “judges must be constantly aware that their role, while important, is limited. They do not have a commission to solve society’s problems, as they see them, but simply to decide cases before them according to the rule of law.”

I agree with what he says in a general way – it’s well-crafted, although I’m a little worried about the emphasis on the limited role of the judiciary. What he leaves out is that the cases often establish new precedents that further impact rulings in other cases, and that judges still interpret – that is, after all, their purpose. That is why the Supreme Court is a body of judges and not just one judge, or a computer, or the President.

Besides not “remembering” his involvement in the Federalists, Roberts spent some time assisting Florida Gov. Jeb Bush during the disputed presidential election count in 2000. He said he went to Florida at the request of GOP lawyers, assisting an attorney who was preparing arguments for the Florida Supreme Court and at one point meeting the governor, President Bush’s younger brother, to discuss the legal issues “in a general way.” Other political affiliations Roberts listed were the executive committee of the D.C. Lawyers for Bush-Quayle in 1988, Lawyers for Bush-Cheney and the Republican National Lawyers Association. Last month, a three-judge federal court ruled the Bush administration’s plan to convene military tribunals to try terrorist detainees at Guantanamo Bay was constitutional, overruling a lower court’s opinion that the tribunals violated the Geneva Convention. The opinion of the court in that decision was joined by none other than Judge John Roberts, who days later became President Bush’s nominee to the Supreme Court.

My only real hope, a long shot I know, is that once he is facing the actual position, a certain gravitas will let him use that great mind of his to good purpose, even occasionally against his entire history of contacts and networks. Who knows? Someone that smart might have hidden depths. What else can we hope for? It’s going to be difficult to challenge him. He’s got the credentials. Some of the papers that would show his lines of thought on different issues are not going to be released – for good reason, one has to think, or else they would be proud to do so.

Roberts wrote that he was interviewed by Attorney General Alberto Gonzales as early as April 1. Besides Bush, Roberts reported having discussions with Vice President Dick Cheney, Karl Rove, White House Counsel Harriet Miers and Chief of Staff Andrew Card. To the question whether if any of them asked about his specific legal views or positions on cases, Roberts gave a one-word reply: “No.”

Of course, they really didn’t have to ask, did they – he is well-vetted. I wonder why they keep repeating this refrain as though we would believe that they had absolutely no idea about his opinions and viewpoint. The far right is celebrating for a reason.

The funny thing is, I don’t actually think Roe v Wade will be overturned. If it’s not about money and power, I don’t think it really truly interests this administration all that much. I think they will make some noises in that direction to manipulate the pseudochristians – but they won’t deliver it.

Why? Abortion is a very controversial issue – and along with birth control allowed the liberation of women. Roe v Wade was the compromise that honored both positions. Right now, the majority of American women are somewhat depolicitized. Feminisms have, for a host of reasons, lost ground. Many women are somewhat disenchanted with their options and careers, and feeling as though they might have given up more than they got – after all, the childcare options and equal pay and respect from men never entirely came through. Feminists got painted as feminazis and a lot of women, including many of my friends and on certain days even myself, entered a sort of post-feminist phase.

I don’t think they can go that far all at once. So what they do instead is start working against birth control and sex education… and they’re getting pretty good at that. A lot can be done there against women that is less noticable than overturning Roe v Wade. They even used the case of that poor Lacey woman. Do a little research.

It’s all about controlling women – it’s about power, it’s not about spirituality.

Well – overturn Roe v Wade and you are going to see a lot of angry women. A lot of angry women – we just aren’t willing to go back to the days of my mother, the days when your husband or father had to sign off his permission for a woman to get a loan, the days of backalley wire hanger abortions when only certain wealthy women had control over their reproductive options – those little trips to Europe. Not all women are ready to go back that far, to lose their hard-won rights.

I honestly don’t think they’ll risk the consequences of a fully-politicized female population.

Troll Stalker Report


Since I have banned further comments on this blog from him, the troll that has been posting nasty comments made an entry in his own blog E Pluribus Reluctor using me as a lightning rod for his hatred of liberals, feminists, intellectuals, etc. Here is his post.

Tuesday, August 02, 2005 Architect-1,Professor-0

Once again, facts and precision defeat slander and pamphlet-speak. “Heidi”, a Humanities Proffessor, stumbled on EPR, and decided to initiate a pointed debate in the comments section. I thought: ‘uh-oh…big shiny PhD…I’m in for it.” After one of her posts being deleted for profane content, she cried ‘censorship’. Yet the contents of her thinking became evident when she proclaimed with outright indignation, little gems like “we trained Bin Laden, we installed Saddam Hussein.”….later followed with “Guantanamo is a Gulag“.

Oh I forgot, this person’s profile starts off with ‘Feminist Intellectual”
Well, an intellectual, feminist or otherwise would know that we did not train Bin Laden, we did not install Saddam Hussein, nor is a government run prison in Cuba holding 520+ people anything remotely akin to the Soviet-era Gulag of the 1920’2 to 1950′s whereby arguably 13,000,000 people died. Not a single soul has perished at Gitmo. But they do recieve Qorans, prayer mats, a Muslim diet, and medical attention. These and many, many other widely known facts continue to evade Heidi all the way up to the university level. The ‘Prager Principle’ is proving truer by the minute. This sad fact that this ‘Ph.D’ is teaching impressionable youth simply adds further impetus to the already exploding home-schooling effort in the nation. When grown adults spout such nonsense, who will run this place in twenty years?

I did not, in fact, initiate anything, and there’s a little misquoting there too.

We trained Bin Laden: By 1984, Bin Laden was running a front organization known as Maktab al-Khidamar – the MAK – which funneled money, arms and fighters from the outside world into the Afghan war. MAK was nurtured by Pakistan’s state security services, the Inter-Services Intelligence agency, or ISI, the CIA’s primary conduit for conducting the covert war against Moscow’s occupation. Those involved in the decision to give the Afghan rebels access to a fortune in covert funding and top-level combat weaponry continue to defend that move in the context of the Cold War. Sen. Orrin Hatch, a senior Republican on the Senate Intelligence Committee making those decisions, told Robert Windrem that he would make the same call again today even knowing what bin Laden would do subsequently. “It was worth it,” he said. A decision was made to provide America’s potential enemies with the arms, money – and most importantly – the knowledge of how to run a war of attrition violent and well-organized enough to humble a superpower.

We put Hussein in power – ever seen the photo of Cheney sorry – Rumsfeld shaking his hand? Ok “put in power” is possibly an exaggeration, but we did support him and helped to put him and keep him in power. US intelligence helped Saddam’s Ba`ath Party seize power for the first time in 1963. Saddam was on the CIA payroll as early as 1959, when he participated in a failed assassination attempt against Iraqi strongman Abd al-Karim Qassem. In the 1980s, the US and Britain backed Saddam in the war against Iran, giving Iraq arms, money, satellite intelligence, and even chemical & bio-weapon precursors. As many as 90 US military advisors supported Iraqi forces and helped pick targets for Iraqi air and missile attacks despite his use of chemical weapons. The Reagan administration did not deviate from its determination that Iraq was to serve as the instrument to prevent an Iranian victory. Chemical warfare was viewed as a potentially embarrassing public relations problem that complicated efforts to provide assistance. The Iraqi government’s repressive internal policies, though well known to the U.S. government at the time, did not figure at all in the presidential directives that established U.S. policy toward the Iran-Iraq war. The U.S. was concerned with its ability to project military force in the Middle East, and to keep the oil flowing. Later, we even abandoned the internal forces that were willing to fight to overthrow his regime.

Guantánamo as part of our new gulag-like system: The reason the administration located that prison in Cuba in the first place was to avoid judicial review. Although the Supreme Court ruled a year ago that Bush must give prisoners there access to US courts, none has yet had his day in court. Hardly any have even been charged with a crime. The US government has refused to allow UN human rights monitors, including the special rapporteur on torture, to visit the Guantánamo prisoners. In addition to Gitmo, there are the other prisons in Iraq and Afghanistan (not to mention the astoundingly high imprisonment percentages right here in the USA). See the documents related to torture obtained through the Freedom of Information Act, and the Defense Department’s latest effort to block the release of materials requested by the under the Freedom of Information Act – in particular, the rest of the Abu Graib photos – by the ACLU, the Center for Constitutional Rights, Physicians for Human Rights, Veterans for Common Sense and Veterans for Peace. The New York Civil Liberties Union is co-counsel in the case.

As Amnesty International points out: Neither the US administration nor the US Congress has called for a full and independent investigation of torture and abuse at Abu Ghraib, Guantanamo, and Afghanistan. The US government has gone to great lengths to restrict the application of the Geneva Convention and to “re-define” torture. It has sought to justify the use of coercive interrogation techniques. It has sought to justify the practice of holding “ghost detainees” (people in unacknowledged incommunicado detention). It has sought to justify the “rendering” or handing over of prisoners to third countries that practise torture. Guantanamo Bay has entrenched the practice of arbitrary and indefinite detention in violation of international law. Trials by military commissions have made a mockery of justice and due process.

May 02, 2003
Guantanamo Gulag
Writes law prof. Jonathan Turley in the Los Angeles Times, “Although certainly tiny compared with Chinese or Soviet models, the facility operated by the U.S. can no longer be defined as a prison or even a military camp. It is an American gulag, holding hundreds of prisoners without trial or access to the courts. In fairness to the Soviets, it must be noted that at least their prisoners got sham trials. This makes Camp Delta an even more extreme variation on the gulag theme.”

more
more

In any case, I followed comments here under two different names “marc” and “Atkinson” back to his own blog. His comments here were not backed by a whole lot of evidence or factual content – just angry versions of the regular propaganda. He seemed to want to bully somebody, and I guess I can be a target for such ones. I put up with it for a while – a couple of the things he brought up could have led to an interesting debate. However, his posts got more derisive and he seemed to escalate. He bragged that he been kicked off the forum at Smirking Chimp – for similiar harassment, I’m guessing.

If you want a taste of what I was reading, I did leave several of his comments up in the last several posts. He seemed to think I should be using my blog in very specific ways and was distinctly displeased when I didn’t do what he projected that I should do.

I did use the “s” word in a colloquial way in the comments on his post – shocking, I know (especially to a guy whose avatar is taken from the movie Dr. Strangelove? Should have taken that as a warning in itself, perhaps). I sincerely hope that he doesn’t actually let his kids read the blog – let them have a few illusions. If he doesn’t delete more of the posts, here is the exchange at his blog. I finally had to tell him that while he might have some valid criticisms here and there, his intent was so clearly hostile that I don’t really feel it was worthwhile to continue to engage.

My inbox was promptly filled with attempted spam comments to the blog – one of which simply repeated the same question over and over again – typical stalker behavior – and it validated my decision to ban him from the blog. Tonight I got even more… including allcaps fun like “YOU DELETED MY COMMENTS OUT OF FEAR, BUT YOU KNOW WHAT I SAID IS TRUE. ALL—ALL—LIBERALS ACT LIKE COWARDS, BECAUSE THEIR POSITIONS ARE INDEFENSIBLE.” This guy claims that he is an ex-liberal.

Fascinating – in a certain sort of clinical, creepy way – were his fixations on my calling myself an intellectual, a feminist, someone with a Phd – all of which are true. More of us are intellectuals than we realize – it’s a word that’s used a lot more in other countries which seem to admire thinking more than we do. No need to fear thinking – thinking is very liberating and wisdom-making and there are all kinds of thinking. I like playful rumination and disciplined interpretation best, I think, and in an alternating current. And yes, I am a liberal – it’s what our country is all about.

However, I am not a “Professor,” as “marc” or “Atkinson” assumes.

Here’s how it works. You start with the PhD – that’s only the beginning. If you are very talented and somewhat lucky you get a tenure-track position as an Assistant Professsor (or if not, a Lecturer or Adjunct or 1-year appointment), then you publish 2-3 books and a bunch of articles and give tons of conference papers, and then you might get promoted to the rank of Associate Professor and even tenure if you get through the rigorous peer review process. Eventually, with good reviews and teaching evaluations and service to the community and another extremely rigorous peer review, you might be promoted to the rank of Full Professor.

I earned my PhD one year ago. There weren’t any jobs in my field last year. The job listings are published in the fall, and it is a one-year hiring period. Assuming that there is a job offered in my field anywhere in the country this year, I would compete with other applicants for the position – sometimes hundreds of other applicants. My starting salary at such a job won’t be much to write home about and I would probably have a heavy teaching load, multiple committees to work on, and the never-ending “publish or perish” pressure. That’s the best-case scenario. No one would get a PhD in the humanities except for the love of the subject they study and a love of teaching. It requires great sacrifices (and in my case at least, will continue to do so) – and at this point I just don’t need the harassment.

I have already taught at four universities: three of them while I was in graduate school, the fourth as an adjunct paid (not much) for the whole course. I have taught courses which involved world literature, religion and society, judeo-christian traditions and various other literature/religion/philosophy/culture courses. While my expertise is interdisciplinary, no PhD is an “expert” in much outside their field. So no, I don’t know everything, and neither does any other PhD. I still disagree with a goodly percentage of what he is trying to claim – and you don’t have to have a PhD to figure out why.

As for the “impressionable youth” – I don’t teach elementary, middle school or high school, so I’m not sure how I would have anything to do with “home schooling” which just seems to be a way for parents to overly-insulate their children. I am a university teacher. Teaching (mostly young 18-21 year olds) adults methods of critical reading and interpretation may get some students out of their comfort zone, especially if they are unprepared for college-level work, but I think it’s worth the effort so that they can really be capable of forming their own judgments based on something other than appeal to authority.

Kinda feel sorry for those home-schooled kids, but I’m sure they will recover. Kids are very resilient.

No right to torture


Torture is a contradiction of our historical national values. In addition, we undermine our national security and are in violation of our own laws when we allow it. Informants will not come forward if they cannot trust us not to treat them fairly under international law. We do not get accurate information with torture – ample historical precedent teaches us that those who are tortured will say anything to make it stop. After a couple of years of imprisonment, what useful information could they still have in any case? We rely on torture now because this administration does not value on-the-ground intelligence. They have not bothered to understand the language and context and history, to make the appropriate contacts that would enable them to infiltrate and get intelligence. The case of Plame shows that they are also less concerned with actual intelligence operations than with political ambitions. What appears to matter to them is the profit margin – Guantanamo, instead of being closed or moved onshore where it would have to abide by US laws, will soon have a shiny new prison – a torture profit center. If you think that the administration has to be told that we do not approve of this, please sign the form below.

There is a strong bipartisan move afoot in Congress to limit the power of the president to torture detainees in our name, specifically to bar the U.S. Military from engaging in “cruel, inhuman or degrading treatment”. Does it surprise anyone that this out of control administration is threatening to veto the whole defense bill if can’t continue to commit war crimes? If we do not speak out they are our crimes as well.

This is especially meaningful in the context of the hearings Friday where seasoned intelligence operatives stepped forward to testify that good intelligence comes from building relationships over decades with foreign sources on a trust basis, not by pulling off the people’s fingernails.

Please tell Congress to demand that the torture must STOP.

http://www.usalone.com/guantanamo.htm

Recent Posts: