Washington Week: Student Voices (O)

EDITORIAL: The law, not the president, comes first
Staff Editorial
The Daily Athenaeum (West Virginia U.)
09/18/2007

(U-WIRE) MORGANTOWN, W.Va. — When former U.S. Attorney General Alberto Gonzales left his office this Friday for the final time, he was greeted with praise and a standing ovation. There was no playfulness — no Karl Rove-style canvassing of his car with plastic wrap by co-workers.

Instead, Gonzales was met with praise from, according to CNN, "no less than 10 Department of Justice lieutenants and agency heads," adding that many had cracked voices when wishing Gonzales a fond farewell at DOJ headquarters.

Gonzales' tear-jerker of a goodbye was onlooked by such important governmental figures such as Secretary of State Condoleezza Rice and Homeland Security Secretary Michael Chertoff.

"As I depart, I wish — I wish that I can tell you that work is done," Gonzales said. "That there are no threats, but I cannot. Our enemy is resourceful and determined, and I will wonder and worry when I'm gone what is being said in those briefings."

It would almost be upsetting if it wasn't Gonzales we were talking about. Gonzales was always a controversial figure around Washington. From the moment his name was floated around the political beltway as a possible contender for the attorney general position, he drew criticisms for his stance on torture.

A 2002 memorandum quoted Gonzales as saying "that the president wasn't bound by laws prohibiting torture and that government agents who might torture prisoners at his direction couldn't be prosecuted by the Justice Department." He also believed that the United States wasn't bound by the Geneva Convention in its treatment of prisoners.

In defending his nomination, Gonzales said in 2005 that he "will represent the United States of America and its people."

Unfortunately, Gonzales left his position — the second man to do so in President Bush's administration (the first being John Ashcroft).

Now, Bush has nominated Michael B. Mukasey, a former federal judge from New York. Democratic Sen. Charles "Chuck" Schumer, who campaigned against Gonzales and called for his resignation, said Mukasey appeared to be "the kind of nominee who would put rule of law first and show independence from the White House."

It will be interesting to see what, if confirmed, he can bring to an establishment mired in the criticisms of its two former bosses. Democratic Sen. Joseph Biden perhaps said it best, and Mukasey could take note, if he wants to succeed and be taken seriously.

Mr. Mukasey, he said, would have to prove he was "not just the president's lawyer, but the country's lawyer."

That's exactly where Gonzales went wrong. We hope Mukasey, if appointed — or whoever ends up filling the Gonzales void — learns the lessons of unwavering presidential support over the law.

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