Original Article Bush's pick evades grilling by senators about torture Gonzales evades senators' questions on policy Billy House Republic Washington Bureau Jan. 7, 2005 12:00 AM WASHINGTON - Alberto Gonzales, President Bush's nominee to succeed John Ashcroft as attorney general, was the target of searing criticism on Thursday from a Senate panel over his role in shaping administration policies on treatment of terror suspects and his evasive answers about the policies. Gonzales, who would become the first Hispanic to serve as the nation's top lawman, assured members of the Judiciary Committee at his confirmation hearing that he does not approve of torture tactics and that the United States must abide by international treaties on prisoner rights. But Sen. Edward Kennedy, D-Mass., complained to Gonzales that policies he supported or helped devise over four years as White House counsel "have been used by this administration, the military and the CIA to justify torture and Geneva Convention violations by military and civilian personnel." Under more direct questioning by other Democrats on the committee, Gonzales refused to answer whether he believes the president has authority, in some cases, to exercise a commander in chief "override" of domestic and international rules to "immunize" some acts of torture. "That is a hypothetical question that would involve an analysis of a great number of factors," Gonzales told Sen. Patrick Leahy of Vermont, the panel's top Democrat. Gonzales added, "The president said we're not going to engage in torture." At another point in the hearing, Gonzales told the committee he also believes that the fact "there has not been an attack on U.S. soil" following the Sept. 11, 2001, terror attacks can be attributed in part to the Patriot Act, a bill passed by Congress days later giving federal authorities sweeping investigative and law-enforcement powers. But much of the hearing focused on Gonzales' January 2002 memo on how the Geneva Conventions should not apply to the Taliban and al-Qaida. Other questions hit on an August 2002 Gonzales-approved memo that suggested only the most severe types of torture were not permissible under international agreements. That memo has been criticized for opening the door to many of the questionable interrogation tactics used on detainees at the U.S. Naval Base in Guantanamo, Cuba, and elsewhere. Gonzales often seemed intent on sidestepping direct answers about those policies, which Leahy and others said have seriously damaged U.S. prestige. Even during questioning by the Republican chairman of the committee, Arlen Specter of Pennsylvania, Gonzales refused to answer directly whether the sexual abuse and other interrogation techniques at the Abu Ghraib prison, evident in widely circulated photographs, were criminal. "Do you approve of torture?" Specter asked. "Absolutely not," Gonzales replied. Asked about the activities at Abu Ghraib, Gonzales said, "Let me say, senator, that as a human being I am sickened and outraged by these photos." But Gonzales added that while "obviously anyone that is involved in that kind of conduct (is) subject to prosecution, I would not want to do anything today to prejudge that prosecution and jeopardize that prosecution." Specter, a former prosecutor, seemed surprised, saying: "I don't believe the condemnation of that conduct would impact on what happens at a later date." Despite the grilling, Gonzales, 49, a former Texas Supreme Court justice, is expected to be confirmed within weeks to his new job that includes overseeing the Justice Department and agencies including the FBI, Drug Enforcement Administration and Bureau of Prisons. A number of national groups, including the American Civil Liberties Union, have raised concerns or oppose Gonzales' nomination, most citing questions about his commitment to civil rights. But Gonzales has the support of others, including the League of United Latin American Citizens and the board of the National Association of Latino Elected and Appointed Officials. Throughout the hearing, the Harvard Law School graduate sat calmly by himself. But not far away in the hearing room sat his wife, three sons, mother-in-law and brother. In introducing Gonzales, Sen. John Cornyn, R-Texas, argued that "Judge Gonzales is right" in his belief that the Geneva Convention rules do not apply to al-Qaida suspects. Freshman Democratic Sen. Ken Salazar of Colorado, one of only two Hispanic U.S. senators, also appeared on Gonzales' behalf, saying they come from "similar backgrounds" and that Gonzales "is better qualified than many recent attorneys general." In fact, Gonzales' journey to the White House as one of eight children raised in Texas by a father with a second-grade education and a mother who made it through only sixth grade, gained praise from both sides of the political aisle. But the Democrats, already miffed because the White House had refused to turn over additional documents on Gonzales' role in administration policies on terror suspects, were impatient with Gonzales' evasiveness. "There's a split here in the Congress, there's a split in the country about what's appropriate in this time of dire concern about terror," Sen. Joseph Biden, D-Del., told Gonzales. "As the attorney general, you're responsible to tell us now what your judgment is on what the law means. You're in no way jeopardizing a future case. That's malarkey, pure malarkey. "We're looking for candor, old buddy." Added Leahy: "There may well be times when the attorney general of the United States has to enforce the law, and he can't be worried about friends or colleagues at the White House." Arizona's only member on the committee, Republican Jon Kyl, made no comments during the hearing and left early because of a Middle East trip. Reach the reporter at billy.house@arizonarepublic.com or at 1-(202)-906-8136.