WASHINGTON - Testimony during a confirmation hearing did little to assuage doubts held by Illinois Sen. Richard Durbin regarding the ability of Alberto Gonzales to serve as U.S. attorney general.
Durbin, the Senate's No. 2 Democrat, serves on the Senate Judiciary Committee that grilled Gonzales for more than seven hours during the hearing, which is part of the process presidential cabinet nominees must endure to receive Senate confirmation.
"I like him personally very much," Durbin said Friday afternoon. "His life story is very inspiring. He has worked hard and reached an extraordinarily high level of achievement."
That said, Durbin then expressed concerns he has about Gonzales and whether or not the 49-year-old Texan is the right person to become the nation's top law enforcement officer.
One of Durbin's greatest concerns involves the role Gonzales played in a Bush administration legal doctrine that many critics have said undermined prisoner-of-war protections and laws against torture. Some have charged the approach ultimately led to an atmosphere that gave tacit approval to abusive tactics employed by U.S. soldiers at Iraq's Abu Ghraib prison.
Much of the discussion during the confirmation hearing focused on two memos. One, written by Gonzales in January 2002, asserted that terrorists captured overseas by Americans do not merit the protections of the Geneva Conventions.
The other, addressed to him in August 2002, argued for a narrow definition of torture as excruciating and agonizing pain.
Gonzales acknowledged he took part in meetings about the August 2002 torture memo, although he was careful to avoid taking responsibility for ordering it.
"Would you not concede that your decision and the decision of the president to call into question the definition of torture, the need to comply with the Geneva Conventions, at least opened up a permissive environment of conduct?" Durbin asked Gonzales during the hearing.
Gonzales denied that his advice to President Bush led to abuse of prisoners in U.S. custody, and he condemned torture as an interrogation tactic.
Durbin, however, said he was not satisfied by Gonzales' answers to questions posed about his role in the policy decisions.
"This chapter of the American war on terrorism could turn out to be as historic an embarrassment to the U.S. as the Japanese interment was during World War II," Durbin said. "The images of Abu Ghraib will serve as recruitment posters for terrorists for years to come."
Durbin said Gonzales' role in the policy-making "raises questions about his judgment. You can't really predict how someone is going to be (in the attorney general's position). All you can do is look at a person's record. That's why this is so troubling. He was involved in a decision that turned out to be a monumental blunder."
Gonzales' record in Texas government is also of concern to Durbin, particularly Gonzales' role in some 59 death penalty cases in the state. Before becoming counsel to the president in 2001, Gonzales served as a justice of the Supreme Court of Texas.
Finally, Durbin said he was disturbed by an answer Gonzales gave, or failed to give, during the confirmation hearing.
"I asked him, point blank, if any American person, either government or military, could legally use torture. He said he'd have to get back to me," Durbin said. "I was stunned by his lack of an immediate answer."
Despite concerns voiced by Durbin and other critics, committee Chairman Arlen Specter, R-Pa., said he feels certain that Gonzales will be confirmed as attorney general.
Specter predicts Gonzales will be approved for the post.
Durbin said he doubts the confirmation will come about before Jan. 20, the date of Bush's inauguration, but expects the Senate to decide by the end of January or beginning of February.
- The Associated Press contributed to this story.
becky.malkovich@thesouthern.com 618-529-5454
Posted in News on Saturday, January 8, 2005 12:00 am
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