Gonzales Blames Legal Challenges For Five Year Delay In Bringing Gitmo Detainees To Trial
Gonzales Blames Legal Challenges For Five Year Delay In Bringing Gitmo Detainees To Trial
The track record of the Guantanamo detention program “can be summed up quite simply: five years, zero convictions.” More than 770 captives have been held there and just 10 have been charged with crimes.
But in an interview today with the Associated Press, Attorney General Alberto Gonzales “blamed delays in trying terror detainees at Guantanamo Bay on legal challenges filed by their lawyers“:
“It’s not for lack of trying,” Gonzales said, when asked about the legal fate of detainees who have been held at the military facility, in some cases for five years. “We are challenged every step of the way.”
“We are trying as hard as we can to bring these individuals to justice,” he said.
The administration has been challenged because they have been operating under a shadow system of justice. During past hearings, the government “called no witnesses, withheld evidence from detainees and usually reached a decision within a day as it determined that hundreds of men…were ‘enemy combatants.’” The Supreme Court rejected these tribunals because they “were neither authorized by federal law nor required by military necessity, and ran afoul of the Geneva Conventions.”
If President Bush had simply followed the law, these trials could have happened years ago.
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****That’s right, you *progs* are the reason we *cons* are never effective! It’s all your fault! We can’t chew bubble gum and walk at the same time - so simply talking to us distracts us from doing any job! That’s why the last congress was so ineffective - because there were *libruls* in it! That’s why we have to disband the democracy, and appoint George as King, Savior and re-incarnation of the lord baby Jesus!
January 16th, 2007 at 4:27 pmWell once people wake up and realize this is all part of the plan, WWIII coming soon to a country near you. The world banks want to see America fall and lose it’s wealth, and power. China will be the next, and only worlds super power.
January 16th, 2007 at 4:27 pmF that sycophant.
January 16th, 2007 at 4:28 pmThe Truth is while Bush escalates the war on terror for the next 12 years then these 390 Innocent Poeple will never be released
Face it
January 16th, 2007 at 4:30 pmhmmmm… could be why this:
from randi’s site:
The Pentagon official in charge of military detainees focuses his attacks on lawyers who dare to represent GITMO detainees.
[ http://www.nytimes.com/ 2007/ 01/ 13/ washington/ 13gitmo.html?adxnnl=1&adxnnlx=1168982773-MeyTrIdS3POT867E5zjkWA ]
The Pentagon tries to backtrack…too little, too late, freaks.
[ http://news.yahoo.com/ s/ ap/ 20070113/ ap_on_go_ca_st_pe/ pentagon_detainees ]
OPINION - Round Up the Usual Lawyers
http://www.nytimes.com/ 2007/ 01/ 13/ opinion/ 13sat1.html
this is real abuse… really low…
January 16th, 2007 at 4:31 pm…
So, #1, I guess you enjoyed “Talladega Nights”?
January 16th, 2007 at 4:31 pmSo Gonzales is upset because the accused lawyers are representing their clients?
January 16th, 2007 at 4:32 pmThe lawyers can’t challenge something if you haven’t charged the suspect, you lying sack of crap.
January 16th, 2007 at 4:33 pmThe new Iraqi government would certainly be able to “bring them to justice” with quick dispatch.
January 16th, 2007 at 4:33 pmAnd those legal challenges were likely made possible by Bill Clinton.
January 16th, 2007 at 4:33 pmhellinabucket
…while Bush, Gonzales, Cheney, et al are busy NOT representing American citizens’ best interests.
January 16th, 2007 at 4:37 pmIt’s another horrible reality
that this Administration can never
let them go…
Because most of them are probably
insane from torture by now..
And the rest could speak and tell
the world the horrible torture they
suffered at the hands of
Americans
If they didn’t hate Americans before they
were sold into “enemy combatant” status
and held and tortured for years on end
they certainly have got a reason to
hate us now…(thanks, BushCo)
We are back in the dark ages here
January 16th, 2007 at 4:39 pmHow dare those attorneys challenge anything. They should just shut up and be good Americans and let those foreigners rot in Gitmo. It doesn’t matter if they are guilty or not, or if they get a fair hearing unless you are a whiney little liberal who hates America.
/sarc-off
January 16th, 2007 at 4:40 pmYeah Keith, your’e as on-it as ever. Glad to see reminders that it is Clinton’s fault. Nevermind that ass puppet we have now. It’s Clinton’s fault. 500 billion dumped into Iraq since 2003 is Clinton’s fault. Not enough first responder’s equipment available during Katrina because the Nat’l Guards equipment was in Iraq is Clinton’s fault. Cheney shooting his buddy in the face is Clinton’s fault.
Keith you’re as sharp as fudge
January 16th, 2007 at 4:40 pmAh, the head of the Ministry of Torture. There’s a guy you lawyers better not cross.
January 16th, 2007 at 4:41 pmThe lawyers can’t challenge something if you haven’t charged the suspect, you lying sack of crap.
Comment by Spudge_Boy
Didn’t think of that, Spudge_Boy!
January 16th, 2007 at 4:41 pmExcellent point, as always.
:)
Alberto couldn’t overcome the challenge of making the Administration’s actions appear legal. There’s your “legal challenges” HA!
January 16th, 2007 at 4:46 pmIn other words this administration is hampered by their own idiocy. Everything they do gets f-ed up because they try to do things outside the legal way…..Iraq, detainees, signing statements, oil deals with energy, etc.
January 16th, 2007 at 4:52 pmI tell you what… Ol’ Alberto is right. Justifying and getting away with illegal acts can be an incredible legal challenge. Charging someone without evidence is an unbelievable legal challenge…
January 16th, 2007 at 4:54 pmisn’t it funny what the desperate will say and do?
January 16th, 2007 at 4:58 pmhe doesn’t like the idea of disbarment and prison too much.
seems odd that he keeps on doing things that will add other indictments though?
this is what should scare us all. their willingness to ignore law, congress, the people, allies, enemies….. and what seems worse to me, a complete lack of the kind of common sense that would allow someone to choose which way to leap out of the way of a train coming straight at you.
The slimy Gonzales is blaming defense lawyers for Bush&Co ineptitude in handling the cases in the first place.
Typical Bushie Republiscum — wah, wah, wah — it’s not my fault!
Keep in mind that a high ranking lawyer for the Pentagon said that lawyers who defend these prisoners (pro bono) are not only being paid by someone, but their law firms should be reconsidered for future business. He not only questions the ethics of those lawyers, he wants their firms to lose business too.
How did that jerk rise so high in the Pentagon? How did he forget the time-honored rules of justice?
January 16th, 2007 at 4:58 pmGood point technodaoist, The extra work that has to be done to circumvent our current system is a daunting task. But they have been dilligent and will continue to chip away.
Hard work when you tear down the constitution.
January 16th, 2007 at 5:03 pmWell, it’s hard to inflame cultural hatred in order to keep the ongoing “War” just outside of victory’s reach WITHOUT creating a quagmire by which you can indefinitely imprison people.
January 16th, 2007 at 5:04 pmOh, yeah, Alberto VO5 is challenged alright, but from a lawyeristic perspective, mainly.
January 16th, 2007 at 5:05 pmWe have a very effective legal system already in place. What is there to be challenged by? Well, other than hiding all the torture and mistreatment inflicted upon those ‘detainees’ that’s certain to come out during their trials…
January 16th, 2007 at 5:09 pmAlberto VO5
Comment by RUCerious — January 16, 2007 @ 5:05 pm
Priceless!
January 16th, 2007 at 5:10 pmHow do “legal challenges” explain that 760 of the 770 prisoners at Gitmo haven’t even BEEN CHARGED WITH A CRIME?
Gonzales is a weak puppet of the Neocons.
January 16th, 2007 at 5:13 pmSince we’re on the subject of AG the AG, there’s an interesting item at Talking Points Memo (It’s okay. They gave props to TP for another news item today.) about at least 7 U.S. attorneys around the country being forced to resign and replaced by the White House’s picks. All of them were mid-term, but there were no allegations of misconduct. Several were pursuing corruption cases involving GOP legislators or administration officials. Here’s what Sen. Feinstein said about it on the Senate floor:
http://www.tpmmuckraker.com/archives/002349.php
Mr. President, I have introduced an amendment on this bill which has to do with the appointment of U.S. Attorneys. This is also the subject of the Judiciary Committee’s jurisdiction, and since the Attorney General himself will be before that committee on Thursday, and I will be asking him some questions, I speak today in morning business on what I know so much about this situation.
Recently, it came to my attention that the Department of Justice has asked several U.S. Attorneys from around the country to resign their positions — some by the end of this month — prior to the end of their terms not based on any allegation of misconduct. In other words, they are forced resignations.
I have also heard that the Attorney General plans to appoint interim replacements and potentially avoid Senate confirmation by leaving an interim U.S. Attorney in place for the remainder of the Bush administration.
How does this happen? The Department sought and essentially was given new authority under a little known provision in the PATRIOT Act Reauthorization to appoint interim appointments who are not subject to Senate confirmation and who could remain in place for the remainder of the Bush administration.
To date, I know of at least seven U.S. Attorneys forced to resign without cause, without any allegations of misconduct. These include two from my home State, San Diego and San Francisco, as well as U.S. Attorneys from New Mexico, Nevada, Arkansas, Texas, Washington and Arizona.
In California, press reports indicate that Carol Lam, U.S. Attorney for San Diego, has been asked to leave her position, as has Kevin Ryan of San Francisco. The public response has been shock. Peter Nunez, who served as the San Diego U.S. Attorney from 1982 to 1988, has said, ‘This is like nothing I’ve ever seen in my 35-plus years.’
He went on to say that while the President has the authority to fire a U.S. Attorney for any reason, it is ‘extremely rare’ unless there is an allegation of misconduct.
To my knowledge, there are no allegations of misconduct having to do with Carol Lam. She is a distinguished former judge. Rather, the only explanation I have seen are concerns that were expressed about prioritizing public corruption cases over smuggling and gun cases.
The most well-known case involves a U.S. Attorney in Arkansas. Senators Pryor and Lincoln have raised significant concerns about how “Bud” Cummins was asked to resign and in his place the administration appointed their top lawyer in charge of political opposition research, Tim Griffin. I have been told Mr. Griffin is quite young, 37, and Senators Pryor and Lincoln have expressed concerns about press reports that have indicated Mr. Griffin has been a political operative for the RNC.
While the administration has confirmed that 5 to 10 U.S. Attorneys have been asked to leave, I have not been given specific details about why these individuals were asked to leave. Around the country, though, U.S. Attorneys are bringing many of the most important and complex cases being prosecuted. They are responsible for taking the lead on public corruption cases and many of the antiterrorist efforts in the country. As a matter of fact, we just had the head of the FBI, Bob Mueller, come before the Judiciary Committee at our oversight hearing and tell us how they have dropped the priority of violent crime prosecution and, instead, are taking up public corruption cases; ergo, it only follows that the U.S. Attorneys would be prosecuting public corruption cases.
As a matter of fact, the rumor has it — and this is only rumor — that U.S. Attorney Lam, who carried out the prosecution of the Duke Cunningham case, has other cases pending whereby, rumor has it, Members of Congress have been subpoenaed. I have also been told that this interrupts the flow of the prosecution of these cases, to have the present U.S. attorney be forced to resign by the end of this month.
Now, U.S. Attorneys play a vital role in combating traditional crimes such as narcotics trafficking, bank robbery, guns, violence, environmental crimes, civil rights, and fraud, as well as taking the lead on prosecuting computer hacking, Internet fraud, and intellectual property theft, accounting and securities fraud, and computer chip theft.
How did all of this happen? This is an interesting story. Apparently, when Congress reauthorized the PATRIOT Act last year, a provision was included that modified the statute that determines how long interim appointments are made. The PATRIOT Act Reauthorization changed the law to allow interim appointments to serve indefinitely rather than for a limited 120 days. Prior to the PATRIOT Act Reauthorization and the 1986 law, when a vacancy arose, the court nominated an interim U.S. Attorney until the Senate confirmed a Presidential nominee. The PATRIOT Act Reauthorization in 2006 removed the 120-day limit on that appointment, so now the Attorney General can nominate someone who goes in without any confirmation hearing by this Senate and serve as U.S. Attorney for the remainder of the President’s term in office. This is a way, simply stated, of avoiding a Senate confirmation of a U.S. Attorney.
The rationale to give the authority to the court has been that since district court judges are also subject to Senate confirmation and are not political positions, there is greater likelihood that their choice of who should serve as an interim U.S. Attorney would be chosen based on merit and not manipulated for political reasons. To me, this makes good sense.
Finally, by having the district court make the appointments, and not the Attorney General, the process provides an incentive for the administration to move quickly to appoint a replacement and to work in cooperation with the Senate to get the best qualified candidate confirmed.
I strongly believe we should return this power to district courts to appoint interim U.S. Attorneys. That is why last week, Senator Leahy, the incoming Chairman of the Judiciary Committee, the Senator from Arkansas, Senator Pryor, and I filed a bill that would do just that. Our bill simply restores the statute to what it once was and gives the authority to appoint interim U.S. Attorneys back to the district court where the vacancy arises.
I could press this issue on this bill. However, I do not want to do so because I have been saying I want to keep this bill as clean as possible, that it is restricted to the items that are the purpose of the bill, not elections or any other such things. I ought to stick to my own statement.
Clearly, the President has the authority to choose who he wants working in his administration and to choose who should replace an individual when there is a vacancy. But the U.S. Attorneys’ job is too important for there to be unnecessary disruptions, or, worse, any appearance of undue influence. At a time when we are talking about toughening the consequences for public corruption, we should change the law to ensure that our top prosecutors who are taking on these cases are free from interference or the appearance of impropriety. This is an important change to the law. Again, I will question the Attorney General Thursday about it when he is before the Judiciary Committee for an oversight hearing.
I am particularly concerned because of the inference in all of this that is drawn to manipulation in the lineup of cases to be prosecuted by a U.S. Attorney. In the San Diego case, at the very least, we have people from the FBI indicating that Carol Lam has not only been a straight shooter but a very good prosecutor. Therefore, it is surprising to me to see that she would be, in effect, forced out, without cause. This would go for any other U.S. Attorney among the seven who are on that list.
We have something we need to look into, that we need to exercise our oversight on, and I believe very strongly we should change the law back to where a Federal judge makes this appointment on an interim basis subject to regular order, whereby the President nominates and the Senate confirms a replacement.
January 16th, 2007 at 5:14 pmhellinabucket: Seeing as how the sarcasm of my post flew about a foot over your head, I think the fudge is in your neck of the woods.
January 16th, 2007 at 5:15 pmHe’s a disgusting liar.
January 16th, 2007 at 5:21 pmmarie, chimpeach - see #5…
January 16th, 2007 at 5:25 pmexcuse, chimpeach… different story… or another version…
January 16th, 2007 at 5:27 pmthis is scary stuff…
Keith, Given the qty of people who accuse Clinton for everything including the weather your sarcasm was missed by me.
January 16th, 2007 at 5:34 pmWe wanted to try them in kangaroo courts, and sentence all of them to death, and hang them from a tree branch in Alabama, while we mock them and praise the lord Jesus.
But those damn Benedict Arnold lawyers, challenged us every step of the way.
January 16th, 2007 at 5:39 pm“Today, our leaders in Washington seem incapable of working together in a practical, common-sense way. Politics has become so bitter and partisan and gummed up by money and influence that we can’t tackle the big problems that demand solutions, and that’s what we have to change.”
—Barrack Obama
January 16th, 2007 at 5:42 pm“How To Look And Be Clueless” By the Bush administration
January 16th, 2007 at 5:45 pmDon’t these people ever tire of lying? Wouldn’t it be a clue, once you realize that 90% of the stuff you say is a lie, that maybe you ought to reexamine your positions?
January 16th, 2007 at 5:47 pmHi trueblue!
It is just the first thing that came into my head. Being technical, I see things as logical or illogical. Gonzales’ statement would not pass a cyclic redundancy check and would be dropped as a bad packet of data.
January 16th, 2007 at 5:50 pmhttp://www.dailykos.com/ storyonly/ 2007/ 1/ 13/ 123033/ 986
__Randi Defeats CACI in Abu Ghraib Suit (Almost)
by Vyan
Sat Jan 13, 2007 at 11:18:32 AM PST
If you’re not aware of the case, in August 2005 Air America on-air host Randi Rhodes verbally criticized miltary contractor CACI International Inc for their involvement in the Abu Grhaib abuse scandal.
“They raped and murdered children, misrepresented themselves as military officers, supplied interrogators to Gitmo, and fought on the side of the pro-Aparthied South African Government”
CACI sued for defamation, claiming none of their employees had not been charged with any crimes.
Well, if you missed it, the decision is in, and the winning and reigning Cham-Peen is and will remain Randi Rhodes of Air America.
The core of Randi’s “crime” according to CACI was essentially that she dared to quote comments made by the former Commander of Abu Ghraib at the time of the abuse, Gen Karpinski…..
January 16th, 2007 at 5:55 pmThere is validity in Gonzalez statement as it is the spouses fault for placing her face in the way of the husbands fist.
January 16th, 2007 at 5:56 pmGonzales’ statement would not pass a cyclic redundancy check and would be dropped as a bad packet of data.
Comment by Spudge_Boy
Is that what the kids are calling it these days? :-)
I thought the same thing. It’s ridiculous to blame the lawyers for a delay of justice when, if not for the lawyers fighting on the detanees’ behalf, there would BE no justice! This administration had no intention of charging any of these people with a crime, and I’m sure in some cases they still haven’t. That’s not the detainees’ lawyers’ fault.
January 16th, 2007 at 5:58 pmTrue that, #35 unbelievable, and this:
Obama to form panel to explore presidential bid
January 16th, 2007 at 6:02 pmabu has been *legally challenged* for years
January 16th, 2007 at 6:03 pmHey, haven’t you heard?
January 16th, 2007 at 6:15 pmAnything that stands in the way of total power for the Bushhhhhh.
Is verboten.
Klear?
Harking back to 1999 the CW was that even if bush was an ignoramous that was unqualified to be POTUS, he could and would surround himself with the wisest of the wise among us. Ha, Ha on us. Turns out he surrounded himself with the most despicable of the despicable, not the least of which is gonzalas.
So what do you get with an ignorant, self-absorbed stooge at the helm of a bunch of anti-constitutionalist puppetmasters? The bush administration.
January 16th, 2007 at 6:15 pm.
Put another way, the executive branch doesn’t quite yet have complete unitary power, they just thought they did. But he’s willing to wait.
January 16th, 2007 at 6:17 pmExcept that Bush didn’t pick a lot of the people in his cabinet, Cheney did (after Cheney picked himself to be Bush’s running mate.)
January 16th, 2007 at 6:18 pmThe ones who are running this govenment are more terrorist than the detainees who sit at Gitmo. Think how much this administration has done to cripple and destroy this country from within, than any terrorist has done from the outside. And Gonzo (you know, one of the Muffets, a weirdo, with a long crooked beak and a pet chicken named Camilla), is just ticked off because he didn’t get to railroad all the detainees. Spoiled Sport.
January 16th, 2007 at 6:22 pmI think Spudge Boy said it all in #8.
January 16th, 2007 at 6:38 pmIf the facts and the law are not on your side, pound the table and blame the system.
January 16th, 2007 at 6:45 pmGonzalez is the worst ever Attorney General.
If and when he is in the jumpsuit, his story will change.
January 16th, 2007 at 6:52 pmArlen Specter (R) chairman of the Judicuary Committee didn’t have the courage to put Gonzales under oath when he testified before his committee about Bush’s legal authority to torture.
January 16th, 2007 at 6:53 pmWhy doesn’t this site ever talk about Barack Obama, especially after his stellar performance as Del in the Crying Game?
January 16th, 2007 at 7:01 pmYes, let’s not forget what #52 FotH says:
January 16th, 2007 at 7:03 pmSpecter wouldn’t put Gonzales under oath at his hearing. Shame.
Why doesn’t this site ever talk about Barack Obama, especially after his stellar performance as Del in the Crying Game?
Comment by Jason M. Hendler
#1 - Off topic
January 16th, 2007 at 7:04 pm#2 - You wonder why we say you’re a racist pig
#3 - Get lost
I think #53 thinks he’s being witty — he is confused with stupid and irrelevant.
January 16th, 2007 at 7:06 pmJMH,
January 16th, 2007 at 7:12 pmPlease keep your homo-erotic desires to yourself.
Shit,
Jason thinks he can’t get laid because men have been hyperfeminized, and he isn’t allowed to go straight for the clitorus.
January 16th, 2007 at 7:40 pmImpeach AG the AG!!
He’s the Tiajuna Police Chief!! A real facist!!
TRIAL
January 16th, 2007 at 7:42 pmCONVICTION
SENTENCE
BUH-BYE!!!
Jason thinks he can’t get laid because men have been hyperfeminized, and he isn’t allowed to go straight for the clitorus.
Comment by ForTruth
As if he knew where to look.
January 16th, 2007 at 7:43 pmAs if he knew where to look.
Comment by Zooey
That has got to be the singlemost BEST thing ever posted on this site!
BRAVO, Zooey!
January 16th, 2007 at 7:46 pmBRAVO, Zooey!
Comment by trueblue
**blush**
January 16th, 2007 at 7:51 pmOh man.
Poor Jason. He was roasted, then Zooey just vaporized him.
January 16th, 2007 at 7:56 pmSo Gonzo blames the librul lawyers for holding up the process? That’s almost as precious as how bad Hendler just got vaporized.
January 16th, 2007 at 7:58 pmTorture Boy, Esq.
January 17th, 2007 at 2:38 amNonsense, as usual from a nutcake like you.
For your reference, THIS IS A TERRORIST:
“April 10, 2003 The FBI raids the Noonday, Texas, home of William Krar and storage facilities he rented in the area, discovering an arsenal that includes more than 500,000 rounds of ammunition, 65 pipe bombs and remote-control briefcase bombs, and almost two pounds of deadly sodium cyanide. Also found are components to convert the cyanide into a bomb capable of killing thousands, along with white supremacist and antigovernment material.”
Go peddle your Arab Danger racism somewhere else. White supremacy is up by 50% since Gw decided he could decide to convert our democracy into his tyranny and racism and LIES.
January 17th, 2007 at 2:43 amComment by Jewish Liberator
Comment by Jews are Gods chosen people —
Rachel . . .
You must get awfully tired doing all that cutting and pasting. What are you really, a trust-fund baby? ‘Cause we all work, yet you can be found posting here under any one of, what? thirty names, not counting the ones you steal, any time day or night. For what? Do you think this is going to drive us away? I’ve been here for over three years, and have seen many trolls come and go. I’ll still be here, after you’ve decided on some more important target, and so will the others. We have the patience to wait you out. We waited for six years to resume control, and we’ve got a mission to restore this country to the America we once knew and still love.
And I’m still Barfly.
January 17th, 2007 at 5:07 amLOL, trust-fund baby…..
Thanks for the early morning laugh.
January 17th, 2007 at 7:58 amGonsalzes is a constitional terriorist. What woud he know about justice?
January 17th, 2007 at 9:23 amJews are God’s chosen people:
So let me get this strait: Muslim bigots should be arrested and sent to GITMO, while Christian and Jewish Bigots should be untouchable?
What kind of logic is that???
But if we are to argue this from the view point of freedom of speech, then all forms of bigotry should be allowed, including holocaust denial.
January 17th, 2007 at 12:45 pmBigotry is wrong period. Non of it should be tolerated.
January 17th, 2007 at 12:48 pmAnd I’m the Queen of England, and Elvis still lives.
The administration must really be getting desperate. Bush keeps sacrificing his pawns, making half-assed attempts at a stalemate. What a bunch of stumble bums! There is no question that this whole bunch has broken federal law under the auspice of protecting this country from terrorist attack. Who is going to protect us from the MFing administration? THIS IS A BLOODY OIL WAR FOR PROFIT- WAKE UP AND SMELL THE CRUDE. I only hope that the new Congress finds some way to get impeachment under way and cripple the President’s means of operation. He needs to be removed from office, ASAP.
January 17th, 2007 at 4:17 pmGonzales is a spic.
January 17th, 2007 at 9:49 pmWell, Alberto Gonzales is most definitely a member of some minority but I’m not sure if “screwed-up asshole” is a true ethnic group, or not. He is not only party to war criminal activity, but has broken the very constitution he has pledged an oath to defend. Once tried for his crimes, he should be held in detention indefinitely and have proper representation denied him, as he has done to so many others. Who would miss him or even care that his civil rights were denied? At this point, I’m getting used to this thing called: FASCISM. All bets are off, as far as I’m concerned.
January 18th, 2007 at 11:25 amI repeat: Gonzales is a SPIC!
January 25th, 2007 at 9:25 pmI repeat one more time: GONZALES IS A SPIC!!!!!
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