Why It Is a Bad Day For The Constitution Whenever Gonzales Testifies

January 28, 2007
Why It Is a Bad Day For The Constitution Whenever Gonzales Testifies

In the history of U.S. Attorney Generals, Alberto Gonzales is constantly reaching for new lows. So dubious is his testimony that he is not afforded the courtesy given most cabinet officers when appearing on Capitol Hill: Congress insists he testify under oath. Even under oath, Gonzales's purported understanding of the Constitution is historically and legally inaccurate, far beyond the bounds of partisan interpretation.

So at the January 18th hearing, Senator Specter asked the Attorney General to explain the betrayal of their agreement. He pointed out that the agreement was that Congress would have "additional safeguards on oversight." And he noted that, nevertheless, the President's signing statement "reserved what he calls his right to disregard those oversight provisions." He then asked Gonzales, "In a context where the chairman of the committee and the attorney general negotiate an arrangement, is it appropriate for the president to put a signing statement which negates the oversight which had been bargained for, which has been bargained for?"

Gonzales simply cited the legal proposition that "a signing statement cannot give to the president any authority that he doesn't already have under the Constitution." But Specter responded adeptly that "if [the President] thinks those provisions inappropriately take away his constitutional authority and the Act's unconstitutional, then he ought to veto it. Or at least not to bargain it away." Gonzales had little to say in response, except to reiterate that the President wanted the Act reauthorized, and had the power not to honor the deal Gonzales had made.

This kind of practice might be common on used car lots, but should not be common in our government. Gonzales missed the bottom line: The President had rendered Gonzales's word worthless, and since a person is only as good as his or her word, he had thus dishonored Gonzales. Therefore, Gonzales ought to have resigned - as I believe many Attorneys General before him would have done.