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December 03, 2004
Loyal, To a Fault
Alberto Gonzales is up for nomination as Attorney General... and unsurprisingly, his quality most prominently mentioned is "loyalty." Not intelligence, or character, or experience, but loyalty. As President Bush said in his introductory press conference, "I am very grateful he keeps saying, 'Yes.'"
So, is this a bad thing? We all want people who work for us to be loyal to us, and not running off to the Washington Post behind our back every time we order them around, right?
Well...
This begins to be a problem when the President's top lawyer is so eager to please that he becomes a little, ahem, intellectually flexible. Like when he argues that the President can unilaterally nullify laws, international and domestic. Or when he argued that the state of Texas isn't bound by US treaties, since it never personally signed them.
But, you ask, aren't lawyers supposed to defend their clients as aggressively as possible? Sure - but here's the catch. As the President's top lawyer, Gonzales' client isn't the President - but the US government (and ultimately, the Constitution). This is the difference between say, representing Clinton in his personal legal troubles and being White House Counsel.
This is the most fundamentally wrong thing about the torture memos Gonzales presided over. That although there's plenty of talk about whether torture is legal or not, there's none about the consequences to the client, the US government. Nothing saying "hey, if we torture people, other countries will do it to our guys." Nothing about turning the citizens of the countries we're occupying against us. Nothing about losing whatever moral high ground we had in the war, and allies along with it.
Gonzales, in presiding over these memos, was a "lawyer" in the narrowest, worst sense of the word, and did a great disservice to the men he advised. (I'm leaving out the fact that if a real estate lawyer can become Attorney General... hey, I'm available.)
Posted by mnoferi at December 3, 2004 07:55 PM
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