Choice of Gonzales may affect DOJ's path

Correction
Due to an editing error, the Nov. 12 article "Choice of Gonzales may affect DOJ's path" stated that Alberto Gonzales was nominated for attorney general three days after John Ashcroft publicly resigned. President Bush nominated Gonzales one day after Ashcroft made his resignation public.

The nomination of Alberto Gonzales to the position of attorney general three days after John Ashcroft publicly resigned has left some speculating about the direction the Department of Justice will take during the next four years.

Experts had said President Bush likely would choose Ashcroft's successor from within his personal circle - and Gonzales, who served as counsel to the president during his first term and secretary of state of Texas during part of Bush's governorship, fits the bill perfectly.

"I think it's a choice that was very personal for the president because he has a very close relationship with Gonzales," said William Banks, a professor of law at Syracuse University. "It was probably pretty well orchestrated."

Ashcroft faced sharp criticism during his tenure as attorney general, and some say he clashed with other members of the Bush administration.

"Ashcroft has really been a polarizing figure in this administration," said Dal LaMagna, founder of The Progressive Government Institute. "This is a perfect opportunity for the Bush administration to put a less conservative and radical person in the attorney general's office."

But others doubt that Gonzales' policies will significantly differ from Ashcroft's.

"I suspect that the direction that Gonzales would follow will be very similar to Ashcroft," Banks said. "They are of the same mold. Both are big supporters of the president.

"I think Gonzales and Ashcroft share a strong commitment to fighting the war on terrorism as the president conceives of it."

Gonzales has received plenty of criticism in his own right for memorandums written about foreign policy. One memo said the war on terror renders "obsolete"

certain provisions adopted by the Geneva Conventions, generally considered to be the international law regulating the interrogation of prisoners.

Senators could raise these concerns during Gonzales' confirmation hearing, said William Aceves, professor of law at California Western School of Law.

"(The memos) will be a way for the Democrats to question Gonzales on some of his advice to the president on the war on terror, the use of torture and some of those issues," he said.

Before being tapped to head the Department of Justice, Gonzales was rumored to be at the top of a short list to fill any future vacancies on the Supreme Court.

Some experts say his time as attorney general could build a record that would hinder any chances of his being named a justice.

And while Ashcroft's future is uncertain, his letter of resignation dated Nov. 2 - Election Day - is testament to the legacy he wished to leave behind.

"I think (Ashcroft) truly believed that the actions that were taken under his command were necessary to prevent any future terrorist threats," Aceves said. "Whether that's accurate or not is something only history can judge."

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