Response to Senator Nelson

After reading Bob Herbert’s column in today’s New York Times, I sent this e-mail to Senator Bill Nelson (D-FL), regarding the Gonzalez nomination, in response to his letter to me justifying his vote.

Senator Nelson: A few weeks ago I wrote urging you to vote against the nomination of Alberto Gonzales as Attorney General of the United States. I received your reply explaining why you voted in favor of his nomination, and I thank you for your response. However, I am deeply disappointed in your vote, as your explanation (in my opinion) is quite insufficient to justify a vote in favor of someone where the evidence of his complicity in illegal US policy is so clear and incontrovertible.

In your e-mail response to me, dated February 14, you say “I supported his nomination because I believe that deference should be given to the President’s selection of executive cabinet members, and that unless there is evidence that one of these nominees isunqualified or unfit to serve, Congress should not oppose these nominees. After several meetings with Judge Gonzales, I felt assured that he is qualified to serve as attorney general and fully understands the role he will play as attorney general in representing the people’s interest as a nation that honors the rule of law.”

It would help me to understand your vote better if I knew just what evidence you require that would convince you that a person is “unfit.” Would evidence of violating US and International law by condoning torture and supporting an illegal policy of extraordinary
rendition make a person unfit?

I refer you to this piece in the New York Times by columnist Bob Herbert http://www.nytimes.com/2005/02/25/opinion/25herbert.html?) where he states, “. . In the fall of 2002 Mr. Arar, a Canadian citizen, suddenly found himself caught up in the cruel mockery of justice that the Bush administration has substituted for the rule of law in the post-Sept. 11 world. While attempting to change planes at Kennedy Airport on his way home to Canada from a family vacation in Tunisia, he was seized by American authorities, interrogated and thrown into jail. He was not charged with anything, and he never would be charged with anything, but his life would be ruined. Mr. Arar was surreptitiously flown out of the United States to Jordan and then driven to Syria, where he was kept like a nocturnal animal in an unlit, underground, rat-infested cell that was the size of a grave. From time to time he was tortured. He wept. He begged not to be beaten anymore. He signed whatever confessions he was told to sign. He prayed.”

He goes on further to say, “The Justice Department has alleged, without disclosing any evidence whatsoever, that Mr. Arar is a member of, or somehow linked to, Al Qaeda. If that's so, how can the administration possibly allow him to roam free? The Syrians, who tortured him, have concluded that Mr. Arar is not linked in any way to terrorism.

He concludes, “. . . A lawsuit on Mr. Arar's behalf has been filed against the United States by the Center for Constitutional Rights in New York. Barbara Olshansky, a lawyer with the center, noted yesterday that the government is arguing that none of Mr. Arar's claims can even be adjudicated because they "would involve the revelation of state secrets." This is a government that feels it is answerable to no one.”

Did this case or any others like it come up in your discussions with Mr. Gonzales? Did you discuss extraordinary rendition? What about the torture memos? If so, what could Mr. Gonzales have possibly said to you to justify his previous actions in regard to these issues that would convince you that this man should be entrusted with the power and responsibility of the nation’s top law enforcement official? I respectfully request that you address this issue with all of your constituents.

Deference to a President’s prerogative does not exclude your right and responsibility to hold him and his cabinet accountable for his administration’s unconstitutional actions. I urge you to reconsider your judgment of Attorney General Gonzales and to use the
powers of your office to undertake efforts to investigate him, the Justice Department and any other federal entities that may be involved in torture practices and extraordinary rendition.

Thank you for your attention.

I’ll post his response when it arrives.