by John M. Curtis
(310) 204-8700

Copyright February 2, 2005
All Rights Reserved.

n the eve of President George W. Bush's State-of-the-Union address, Sen. Edward M. Kennedy (D-Mass.) once again proved he's the master of picking the wrong battles, blasting attorney general nominee Alberto R. Gonzales. Though his confirmation is virtually assured, Senate Democrats extended debate, hoping to grab some headlines before Bush's big speech. Kennedy and his senate colleagues accuse Gonzales of writing the White House's legal opinion on controversial interrogation techniques used on prisoners at Guantanamo Bay's Camp X-Ray and Iraq's Abu Ghraib prison. Kennedy accuses Gonzales of (a) approving aggressive interrogation measures and (b) ruling that “enemy combatants” were not prisoners-of-war protected by the Geneva Convention. Instead of scoring points, Kennedy and Senate Democrats looked desperate heading into the new congressional session.

      Democrats milked the Abu Ghraib prisoner-abuse scandal for everything it was worth before Nov. 2. However unsightly the images, voters didn't punish the White House at the polls, believing torture was not the rule of thumb in U.S. military prison camps. “How can the Senate possibly approve the nomination of Mr. Gonzales as attorney general of the United States, the official that symbolizes our respect for the rule of law, when Mr. Gonzales is the official in the Bush administration who, as White House counsel, advised the president that torture was an acceptable method of interrogation in Afghanistan, Guantanamo and Iraq?” asked Kennedy. Kennedy's monologue departs from the political reality that voters don't care what happens to “enemy combatants.” In the wake of the intelligence vacuum following Sept. 11, the U.S. had few options other than intense interrogations.

      Democrats had a field day during confirmation hearings with newly minted Secretary of State Condoleezza Rice, especially Sen. Barbara Boxer (D-Calif.). Boxer, like Kennedy, likes to tread over old ground about missing weapons of mass destruction or prisoner abuse. Kennedy now gets his turn fingering Gonzales for failing to safeguard the rights of “enemy combatants.” Gonzales didn't authorize torture, he simply gave the military added leverage with which to exact information. Without uniforms or a declared army, it's difficult spotting terrorists or insurgents the same rights as prisoners of war. Adding 10 hours of rancorous debate helps Bush by showcasing Kennedy and Senate Democrats as out-of-touch with mainstream America. Boxer's attacks on Rice went over old ground but did little to change public opinion. Kennedy's latest whim threatens to make Democrats look even worse.

      Kennedy created a “tempest in a teapot,” focusing on Gonzales' role in approving controversial interrogation techniques. Like Rice, Gonzales is poised for Democrats' hazing ritual. During his first confirmation hearing, Gonzales refused to admit he wrote and endorsed controversial interrogation techniques. Kennedy was furious over Gonzale's unwillingness to cough up White House documents, specifically e-mails, approving aggressive interrogations. “The documents we want may exist, but he's not going to look for them. There's nothing more arrogant to say to this body,” said Kennedy, failing to acknowledge—regardless of the content—the President's right to confidential communication or executive privilege. Gonzales, in his official capacity has White House counsel, isn't obligated to produce confidential documents, whether they incriminate him or not.

      Gonzales should have lectured Kennedy about the President's delicate balancing act after Sept. 11, requiring intelligence agencies to deliver. Without much intelligence on the ground in Afghanistan or Iraq, extracting information from detainees was the only option. Gonzales wasn't flouting the rule of law but giving the military added tools to collect valuable intelligence. “As far as I'm concerned, this torture that's gone on in Iraq/Afghanistan is going to be something that's going to haunt this country for years to come,” said Senate Minority Leader Harry Reid (D-Nev.), requesting 10 hours of additional debate. Reid expressed concerns that White House policies have endangered U.S. troops by inviting enemies to ignore the Geneva Convention. Whatever shenanigans took place Guantanamo or Abu Ghraib have no bearing on how terrorists practice torture and murder.

      Hazing Gonzales makes Democrats look like spoil-sports, unable to block an otherwise historic nomination. Splitting hairs as to what constitutes torture or controversial interrogation offers no smoking gun to block Gonzales' confirmation to succeed John Ashcroft as the next attorney general. What Kennedy really doesn't like is that Gonzales kept his cool under intense questioning. Everyone knows that Gonzales worked with Ashcroft to devise a legal way under the Patriot Act to get essential intelligence without sacrificing national security or civil liberties. “The administration's shameful disregard for our laws and treaties on torture has lowered the bar for the protection of our own soldiers,” said Kennedy, beating a dead horse and failing to advance Democrats' cause. Instead grabbing some headlines, Kennedy should look at the bigger picture.

About the Author

John M. Curtis writes politically neutral commentary analyzing spin in national and global news. He's editor of OnlineColumnist.com and author of Dodging The Bullet and Operation Charisma.

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