Loading ...
Sorry, an error occurred while loading the content.

The Gonzales Indictment

Expand Messages
  • STRIDER
    The Gonzales Indictment By Marjorie Cohn t r u t h o u t | Perspective Wednesday 19 January 2005 Alberto Gonzales should not be the Attorney General of the
    Message 1 of 1 , Jan 19, 2005
    • 0 Attachment
      The Gonzales Indictment
      By Marjorie Cohn
      t r u t h o u t | Perspective
      Wednesday 19 January 2005

      Alberto Gonzales should not be the Attorney General of the
      United States. He should be considered a war criminal and
      indicted by the Attorney General. This is a suggested
      indictment of Alberto Gonzales for war crimes under Title
      18 U.S.C. section 1441, the War Crimes Act.

      COUNT I: Application of Geneva Conventions; Definition of
      Torture

      On or about January 25, 2002 through January 16, 2005,
      Defendant ALBERTO GONZALES, Counsel to George W. Bush, the
      President of the United States of America, did write,
      commission and concur in memoranda that advocated conduct
      by United States military forces, amounting to war crimes
      under Title 18 U.S.C. section 1441 (The War Crimes Act ).

      The War Crimes Act defines as war crimes: grave breaches of
      the Geneva Conventions, and violations of Article 3 common
      to the Geneva Conventions.

      Section 130 of the Geneva Convention Relative to the
      Treatment of Prisoners of War (Third Geneva Convention)
      defines as grave breaches of that Convention: "willful
      killing, torture or inhuman treatment," and "willfully
      causing great suffering or serious injury to body or
      health."

      It is well-established that Article 3 common applies to
      international as well as internal armed conflicts. Article
      3 common provides that "persons taking no active part in
      the hostilities, including members of armed forces who have
      laid down their arms...shall in all circumstances be
      treated humanely, without any adverse distinction founded
      on race, colour, religion or faith, sex, birth or wealth,
      or any other similar criteria."

      The following acts constitute violations of Article 3
      common: "Violence to life and person, in particular murder
      of all kinds, mutilation, cruel treatment and torture";
      "outrages upon personal dignity, in particular, humiliating
      and degrading treatment"; and "the passing of sentences and
      the carrying out of executions without previous judgment
      pronounced by a regularly constituted court affording all
      the judicial guarantees which are recognized as
      indispensable by civilized peoples."

      Article 5 of the Third Geneva Convention provides: "Should
      any doubt arise as to whether persons, having committed a
      belligerent act and having fallen into the hands of the
      enemy [are prisoners of war under this Convention], such
      persons shall enjoy the protection of the present
      Convention until such time as their status has been
      determined by a competent tribunal."

      Defendant ALBERTO GONZALES wrote, in a memorandum to
      President George W. Bush dated January 25, 2002, that the
      war against terrorism is a "new paradigm" that "renders
      obsolete Geneva's strict limitations on questioning of
      enemy prisoners and renders quaint some of its provisions."

      Defendant GONZALES wrote that the Third Geneva Convention
      should not apply to members of the Taliban and Al Qaeda who
      were captured after the United States invaded Afghanistan
      in October 2001. Defendant GONZALES also advised President
      Bush in that memorandum that he could avoid allegations of
      war crimes under The War Crimes Act by simply declaring
      that the Geneva Convention does not apply to members of the
      Taliban and Al Qaeda. Defendant GONZALES wrote that a
      determination of the inapplicability of the Third Geneva
      Convention would insulate against prosecution by future
      "prosecutors and independent counsels."

      In apparent reliance on the advice in Defendant GONZALES'
      memorandum, and notwithstanding the requirement of Article
      5 of the Third Geneva Convention that a "competent
      tribunal" determine the status of prisoners, President
      George W. Bush issued an order on February 7, 2002,
      specifying that the United States would not apply the Third
      Geneva Convention to members of Al Qaeda, and that as
      commander-in-chief of the United States, he had the power
      to suspend the Geneva Conventions regarding the conflict in
      Afghanistan, although he declined to suspend them at that
      time.

      Defendant ALBERTO GONZALES commissioned the Office of Legal
      Counsel of the Department of Justice's memorandum dated
      August 1, 2002, which required that, in order to constitute
      "torture," the pain caused by an interrogation must include
      "injury such as death, organ failure, or serious impairment
      of body functions." This definition is contrary to The War
      Crimes Act and the Convention Against Torture and Other
      Cruel, Unusual or Degrading Treatment or Punishment, a
      treaty ratified by the United States.

      Before the August 1, 2002 memorandum was issued, Colin
      Powell, Secretary of State, had counseled against its
      conclusions that the Geneva Conventions did not apply; he
      wrote that this "will reverse over a century of U.S. policy
      and practice in supporting the Geneva conventions, and
      undermine the protection of the law of war for our troops,
      both in this specific conflict and in general."

      Although the August 1, 2002 memorandum was retracted on
      December 30, 2004, the provisions of the August 1, 2002
      memorandum remained in effect for 2 ½ years,
      notwithstanding the warnings of Secretary Powell.

      The January 25, 2002 and August 1, 2002 memoranda, and the
      February 7, 2002 order set forth policies that led to the
      willful killing, torture or inhuman treatment; and great
      suffering or serious injury to body or health, of DOES 1
      through 1,000, prisoners in United States custody in
      Afghanistan, Iraq, Guantánamo Bay, Cuba, as listed in
      EXHIBIT A (Dear Mr. Gonzales).

      Defendant ALBERTO GONZALES knew or should have known that,
      pursuant to memoranda written by, commissioned or concurred
      in by him, prisoners in United States custody would be
      subjected to willful killing, torture or inhuman treatment;
      and great suffering or serious injury to body or health, in
      violation of The War Crimes Act.

      COUNT II: Military Commissions

      Between September 11, 2001 and November 13, 2001, Defendant
      ALBERTO GONZALES did participate in the drafting of the
      Military Order establishing the Military Commissions, which
      order was signed by President George W. Bush on November
      13, 2001. Said order mandated conduct by members of United
      States military forces which constitute war crimes under
      The War Crimes Act.

      The War Crimes Act defines war crimes as grave breaches of
      the Geneva Conventions. Section 130 of the Third Geneva
      Convention defines as a grave breach of that Convention:
      "willfully depriving a prisoner of war of the rights of
      fair and regular trial prescribed in this Convention."

      Article 84 of the Third Geneva Convention provides that
      prisoners of war shall be tried in the same types of courts
      (military or civilian) as members of the armed forces of
      the Detaining Power. It also provides: "In no circumstances
      whatever shall a prisoner of war be tried by a court of any
      kind which does not offer the essential guarantees of
      independence and impartiality as generally recognized."

      Article 3 common to the Geneva Conventions prohibits "the
      passing of sentences and the carrying out of executions
      without previous judgment pronounced by a regularly
      constituted court affording all the judicial guarantees
      which are recognized as indispensable by civilized
      peoples."

      Unlike courts convened pursuant to the Uniform Code of
      Military Justice, and civilian courts of the United States,
      the Military Order provides for no judicial review by
      federal courts of the United States. The final level of
      review in the Military Commissions is to the President or
      the Secretary of Defense.

      Military Commission Order No. 1(6)(B)(3) allows the use of
      evidence that the accused is not permitted to see, and
      provides for the exclusion of the accused from the
      proceedings. These provisions violate the rights of the
      accused to be confronted with the evidence against him, and
      to confront and cross-examine adverse witnesses. These
      rights are guaranteed to the accused in courts convened
      under the Uniform Code of Military Justice and civilian
      courts in the United States.

      Section 4(c)(3) of the Military Order provides for the
      "admission of such evidence as would, in the opinion of the
      presiding officer of the military commission...have
      probative value to a reasonable person." Such evidence
      would be inadmissible under the rules of evidence in courts
      convened under the Uniform Code of Military Justice and
      civilian courts in the United States.

      Defendant ALBERTO GONZALES knew or should have known that
      the Military Commissions, in whose creation he
      participated, will deprive prisoners in United States
      custody who will be tried before them, of the rights of
      fair and regular trial prescribed in the Third Geneva
      Convention and Article 3 common to the Geneva Conventions.

      Penalties Under the War Crimes Act

      Title 18 U.S.C. sec. 1441 provides that any national of the
      United States who commits a war crime "shall be fined under
      this title or imprisoned for life or any term of years, or
      both, and if death results to the victim, shall also be
      subject to the penalty of death."

      http://www.truthout.org/docs_05/011905A.shtml
      --

      Peace!

      *STRIDER* Sector Air Raid Warden at /RENEGADE/

      Home: http://fornits.com/renegade/
      DEDICATED TO SPIRIT, TRUTH, PEACE, JUSTICE, AND FREEDOM

      Articles posted in the last 10 days:
      http://fornits.com/renegade/peaars.cgi?search==Search&increment=Úys&many=

      Blog: http://striders-renegade.blogspot.com/

      Bay_Area_Activist list ----
      Membership by invitation only - moderated / archives for members only
      Contact bay_area_activist-owner@yahoogroups.com
      <mailto:bay_area_activist-owner@yahoogroups.com> to request
      membership.

      EF! list ---------------
      earthfirstalert - http://groups.yahoo.com/group/earthfirstalert
      List-Subscribe: <mailto:earthfirstalert-subscribe@yahoogroups.com>

      usenet: news:misc.activism.progressive
      e-mail: mailto:strider@...
      strider@...


      No War! No Nukes! Impeach!

      WHEN SPIDERS UNITE, THEY CAN TIE DOWN A LION -- Ethiopian Proverb
    Your message has been successfully submitted and would be delivered to recipients shortly.