Students and Alumni for the Rule of Law
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Students and Alumni for the Rule of Law Petition
1. We are current and former students of the University of Houston Law Center, located in Houston, Texas.
2. This petition is addressed to:
a. Attorney General Alberto Gonzales
b. President George W. Bush
c. Speaker of the House Nancy Pelosi
d. House Judiciary Committee Chairman John Conyers
e. Members of Congress representing the Houston area (Reps. Kevin Brady, John Culberson, Al Green, Gene Green, Sheila Jackson Lee, Nick Lampson, Michael McCaul, Ron Paul, and Ted Poe).
3. A final copy of this petition will also be sent to Ray Nimmer, Dean, University of Houston Law Center, and to appropriate members of the local news media.
4. This petition will close on May 25, 2007, and will be sent at that time.
5. We speak for ourselves; the contents of this petition do not represent the official position of the University of Houston or of the University of Houston Law Center, or of any other group, organization, or institution.
6. We are proud of the association that Attorney General Alberto Gonzales has had with the University of Houston Law Center, as well as with the legal community in Houston, Texas. We recognize and respect Attorney General Gonzaless contributions to our school as an adjunct professor, and to our community and our nation as an attorney and as a judge.
7. We are, however, deeply concerned and offended by allegations of unethical and potentially illegal activity by Attorney General Gonzales and by his current and former subordinates.
8. We are, specifically, concerned about the following alleged acts:
a. First, that Mr. Gonzales, as White House Counsel, actively sought support for and enabled a warrantless surveillance program by the National Security Agency (NSA) which then-Attorney General John Ashcroft, and his deputy, James Comey, had concluded was illegal,[1] and which has subsequently held by the United States district court to be illegal and unconstitutional [2]; and that in March 2004, Mr. Gonzales may have sought to apply undue influence over Mr. Ashcroft in his zeal for Justices approval of this illegal program;[3] and that Mr. Gonzales has subsequently made false and misleading statements to Congress regarding his involvement with this program.[4] We believe that these allegations, if true, show unethical and unprofessional conduct by Mr. Gonzales, and may constitute active participation in a conspiracy to knowingly and intentionally violate the Foreign Intelligence Surveillance Act.[5] While we recognize the need for an aggressive response to terrorism, we agree with Justice Warren and the District Court that we cannot sanction the subversion of ... those liberties ... which makes the defense of the Nation worthwhile. We are especially concerned by the apparent attitude displayed by Mr. Gonzales suggesting that the President is above the law, [6] a premise that has been squarely rejected by our legal system. [7]
b. Second, that Mr. Gonzales, as Attorney General, may have been involved in the unjustified and politically-motivated firing of several United States Attorneys, an episode for which Gonzales has conceded his responsibility, [8] but never adequately explained.[9] In the words of Slate columnist Frank Bowman, The evidence uncovered in Gonzales' Senate and House testimony demonstrates that he fired [United States Attorney for the District of New Mexico David] Iglesias not because of a policy disagreement or a management failure, but because Iglesias would not misuse the power of the Department of Justice in the service of the Republican Party . . . [t]o fire a U.S. attorney for refusing to abuse his power is the essence of an impeachable offense.[10]
c. Third, that Mr. Gonzales has been a principal architect in the subversion of our nation's traditional adherence to the Geneva Convention on Prisoners of War [11] and staunch opposition to the use of torture as an interrogation method [12]; and that his advice to the President has hurt the moral credibility of the United States, undermined our nations fundamental values, and encouraged behavior that potentially exposes officers of the United States to criminal liability. [13]
9. We call on Attorney General Alberto Gonzales to resign to spare himself, our school, our profession, and our country further embarrassment and humiliation.
10. We call on President George W. Bush to ask Mr. Gonzales to resign from his position as Attorney General.
11. We call on the United States House of Representatives to investigate these allegations of unethical and illegal behavior, and, if substantiated, to take appropriate measures, including impeachment, if necessary [14].
12. We ask that the recipients of this petition acknowledge our requests in writing.
[1] Testimony of James Comey, U.S. Attorney Firings, Hearing Before the Senate Comm. on the Judiciary, May 15 2007, available at http://gulcfac.typepad.com/georgetown_university_law/files/comey.transcript.pdf.
[2] Am. Civil Liberties Union v. Natl Security Agency, No. 06-CV-10204 (E.D.Mich. Aug. 17, 2006).
[3] Testimony of James Comey.
[4] Editorial: The Gonzales Coverup, Washington Post, May 17, 2007, at A16.
[5] 50 U.S.C. 1809 (2006).
[6] Ari Shapiro, Gonzales Admits to Errors in Firing U.S. Attorneys, All Things Considered, National Public Radio, Mar. 13, 2007, http://www.npr.org/templates/story/story.php?storyId=8285957 (last visited May 17, 2007).
[7] Dahlia Lithwick, Its Only Illegal When the President Agrees its Illegal, Slate, May 17, 2007, http://www.slate.com/id/2166468/ (last visited May 17, 2007).
[8] United States v. Nixon, 418 U.S. 683 (1974); Clinton v. Jones, 520 U.S. 681 (1997).
[9] White House insiders: Gonzales hurt himself before panel, CNN, Apr. 23, 2007, http://www.cnn.com/2007/POLITICS/04/19/gonzales.testimony/index.html (last visited May 17, 2007).
[10] Frank Bowman, How to Impeach Gonzales, Slate, May 17, 2007, http://www.slate.com/id/2166469/ (last visited May 17, 2007).
[11] Memorandum to President Bush from Alberto R. Gonzales, Jan. 25, 2002, available at http://www.msnbc.msn.com/id/4999148/site/newsweek/. This interpretation was squarely rejected by the Supreme Court in Hamdan v. Rumsfeld, 127 S. Ct. 2749 (2006).
[12] Compare Memorandum from Jay Bybee to Alberto R. Gonzales, Aug. 1, 2002, available at http://www.washingtonpost.com/wp-srv/nation/documents/dojinterrogationmemo20020801.pdf with Brown v. Mississippi, 297 U.S. 278 (1936).
[13] 18 U.S.C. 2441; but see Pub. L. No. 109-366 (2006).
[14] The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. U.S. Const. art II, 4.
1. We are current and former students of the University of Houston Law Center, located in Houston, Texas.
2. This petition is addressed to:
a. Attorney General Alberto Gonzales
b. President George W. Bush
c. Speaker of the House Nancy Pelosi
d. House Judiciary Committee Chairman John Conyers
e. Members of Congress representing the Houston area (Reps. Kevin Brady, John Culberson, Al Green, Gene Green, Sheila Jackson Lee, Nick Lampson, Michael McCaul, Ron Paul, and Ted Poe).
3. A final copy of this petition will also be sent to Ray Nimmer, Dean, University of Houston Law Center, and to appropriate members of the local news media.
4. This petition will close on May 25, 2007, and will be sent at that time.
5. We speak for ourselves; the contents of this petition do not represent the official position of the University of Houston or of the University of Houston Law Center, or of any other group, organization, or institution.
6. We are proud of the association that Attorney General Alberto Gonzales has had with the University of Houston Law Center, as well as with the legal community in Houston, Texas. We recognize and respect Attorney General Gonzaless contributions to our school as an adjunct professor, and to our community and our nation as an attorney and as a judge.
7. We are, however, deeply concerned and offended by allegations of unethical and potentially illegal activity by Attorney General Gonzales and by his current and former subordinates.
8. We are, specifically, concerned about the following alleged acts:
a. First, that Mr. Gonzales, as White House Counsel, actively sought support for and enabled a warrantless surveillance program by the National Security Agency (NSA) which then-Attorney General John Ashcroft, and his deputy, James Comey, had concluded was illegal,[1] and which has subsequently held by the United States district court to be illegal and unconstitutional [2]; and that in March 2004, Mr. Gonzales may have sought to apply undue influence over Mr. Ashcroft in his zeal for Justices approval of this illegal program;[3] and that Mr. Gonzales has subsequently made false and misleading statements to Congress regarding his involvement with this program.[4] We believe that these allegations, if true, show unethical and unprofessional conduct by Mr. Gonzales, and may constitute active participation in a conspiracy to knowingly and intentionally violate the Foreign Intelligence Surveillance Act.[5] While we recognize the need for an aggressive response to terrorism, we agree with Justice Warren and the District Court that we cannot sanction the subversion of ... those liberties ... which makes the defense of the Nation worthwhile. We are especially concerned by the apparent attitude displayed by Mr. Gonzales suggesting that the President is above the law, [6] a premise that has been squarely rejected by our legal system. [7]
b. Second, that Mr. Gonzales, as Attorney General, may have been involved in the unjustified and politically-motivated firing of several United States Attorneys, an episode for which Gonzales has conceded his responsibility, [8] but never adequately explained.[9] In the words of Slate columnist Frank Bowman, The evidence uncovered in Gonzales' Senate and House testimony demonstrates that he fired [United States Attorney for the District of New Mexico David] Iglesias not because of a policy disagreement or a management failure, but because Iglesias would not misuse the power of the Department of Justice in the service of the Republican Party . . . [t]o fire a U.S. attorney for refusing to abuse his power is the essence of an impeachable offense.[10]
c. Third, that Mr. Gonzales has been a principal architect in the subversion of our nation's traditional adherence to the Geneva Convention on Prisoners of War [11] and staunch opposition to the use of torture as an interrogation method [12]; and that his advice to the President has hurt the moral credibility of the United States, undermined our nations fundamental values, and encouraged behavior that potentially exposes officers of the United States to criminal liability. [13]
9. We call on Attorney General Alberto Gonzales to resign to spare himself, our school, our profession, and our country further embarrassment and humiliation.
10. We call on President George W. Bush to ask Mr. Gonzales to resign from his position as Attorney General.
11. We call on the United States House of Representatives to investigate these allegations of unethical and illegal behavior, and, if substantiated, to take appropriate measures, including impeachment, if necessary [14].
12. We ask that the recipients of this petition acknowledge our requests in writing.
[1] Testimony of James Comey, U.S. Attorney Firings, Hearing Before the Senate Comm. on the Judiciary, May 15 2007, available at http://gulcfac.typepad.com/georgetown_university_law/files/comey.transcript.pdf.
[2] Am. Civil Liberties Union v. Natl Security Agency, No. 06-CV-10204 (E.D.Mich. Aug. 17, 2006).
[3] Testimony of James Comey.
[4] Editorial: The Gonzales Coverup, Washington Post, May 17, 2007, at A16.
[5] 50 U.S.C. 1809 (2006).
[6] Ari Shapiro, Gonzales Admits to Errors in Firing U.S. Attorneys, All Things Considered, National Public Radio, Mar. 13, 2007, http://www.npr.org/templates/story/story.php?storyId=8285957 (last visited May 17, 2007).
[7] Dahlia Lithwick, Its Only Illegal When the President Agrees its Illegal, Slate, May 17, 2007, http://www.slate.com/id/2166468/ (last visited May 17, 2007).
[8] United States v. Nixon, 418 U.S. 683 (1974); Clinton v. Jones, 520 U.S. 681 (1997).
[9] White House insiders: Gonzales hurt himself before panel, CNN, Apr. 23, 2007, http://www.cnn.com/2007/POLITICS/04/19/gonzales.testimony/index.html (last visited May 17, 2007).
[10] Frank Bowman, How to Impeach Gonzales, Slate, May 17, 2007, http://www.slate.com/id/2166469/ (last visited May 17, 2007).
[11] Memorandum to President Bush from Alberto R. Gonzales, Jan. 25, 2002, available at http://www.msnbc.msn.com/id/4999148/site/newsweek/. This interpretation was squarely rejected by the Supreme Court in Hamdan v. Rumsfeld, 127 S. Ct. 2749 (2006).
[12] Compare Memorandum from Jay Bybee to Alberto R. Gonzales, Aug. 1, 2002, available at http://www.washingtonpost.com/wp-srv/nation/documents/dojinterrogationmemo20020801.pdf with Brown v. Mississippi, 297 U.S. 278 (1936).
[13] 18 U.S.C. 2441; but see Pub. L. No. 109-366 (2006).
[14] The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. U.S. Const. art II, 4.
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