If we survived Ashcroft, how bad could Gonzales be?

0 Comments | Oakland Tribune, Nov 16, 2004

WE survived four years with John Ashcroft as attorney general.

Ashcroft was the lightning rod for much concern over civil liberties during the Bush's first term. A fundamentalist Christian who wore his religion on his sleeve, Ashcroft, 62, was the administration point man for the controversial USA PATRIOT Act, which critics said compromised civil liberties.

Ashcroft's approach to the treatment of prisoners at Guantanamo Bay, relaxed civil rights enforcement, holding terror suspects for long periods of time without charging them or providing them access to legal counsel, mass investigations of immigrants after 9/11, prayer in schools, physician-assisted suicide in Oregon and the pursuit of medical marijuana cases in California are just some of the issues critics disliked.

Critics say he was one of the "most destructive" attorneys general of all time and hoped that Bush would pick a less contentious person to succeed him.

President Bush was quick about naming Ashcroft's successor: White House counsel Alberto Gonzales, 42.

Although Gonzales, a former state judge in Texas, would be the first Latino to be attorney general. He has been linked to Bush politically for more than a decade, having served in three different capacities in Texas when Bush was governor.

Bush seems to trust Gonzales, who helped develop the administration's balancing act between civil liberties and terrorism, defending its long detention of terrorism suspects without charges or lawyers before the Supreme Court, which disagreed with the Bush position. And, he wrote the 2002 memo in which Bush claimed the right to waive international treaties protecting prisoners of war and anti- torture laws. The memo called the Geneva Conventions "quaint" and not up to the war on terror.

He also is alleged to have played a central role in promoting White House secrecy, picking conservative ideologues to be nominated for the judiciary and demonstrating contempt for Congress' oversight role.

These are all policies that Attorney General Ashcroft carried out.

Will Gonzales be much better?

California's Democratic Sen. Dianne Feinstein had hoped President Bush's expressed desire to be "more inclusive and less divisive" might extend to a new attorney general. But after Gonzales was nominated, she said she will wait to hear what Gonzales says before the Judiciary Committee before deciding how she will vote on for his confirmation.

We're glad to see Ashcroft go, but aren't sure that Gonzales fits the bill as a moderate or more inclusive nominee. Insiders say he may be a "calmer and quieter voice," but there also is concern that he may not be the protector or advocate of civil liberties that we would prefer. Some even surmise that his appointment might add another notch to his resume so it is more impressive if Bush eventually names him to the U.S. Supreme Court.

Right now, however, Gonzales is being considered for the U.S. government's top law enforcement post. He must be given a chance to prove himself before the Senate Judiciary Committee. We'll be watching with interest and hope he rises to the job.