Ethics watchdog group files complaint against Gonzales

25 Jan 2005 // WASHINGTON - (KRT) - Despite opposition from some Democrats, the Senate Judiciary Committee on Wednesday is expected to endorse the nomination of Alberto Gonzales as attorney general.

But not before Democrats on the committee criticize what they contend are evasive answers by Gonzales regarding his role, as White House counsel, crafting interrogation policies that critics have linked to abuses. Several, including Sens. Ted Kennedy of Massachusetts and Joe Biden of Delaware, say they are inclined to vote against the nomination, which could come before the full Senate next week.

Tuesday, an ethics watchdog group criticized a different part of Gonzales' record, accusing him of misrepresenting his role in getting then-Gov. George W. Bush excused from jury duty in a 1996 Texas drunken driving case that could have brought to light Bush's own 1976 DWI conviction.

In written answers to Sen. Patrick Leahy, D-Vt., Gonzales said he "observed the defense counsel make a motion to strike the governor from the jury panel, to which the prosecutor did not object."

In a complaint to the State Bar of Texas, Citizens for Responsibility and Ethics in Washington requested an investigation into what it said were misrepresentations by Gonzales about his role.

The defense attorney in the drunken driving case, P. David Wahlberg, and prosecutor Ken Oden told The Dallas Morning News in 2000 that Gonzales asked during an off-the-record meeting that the governor be excused from the jury. Travis County Judge David Crain confirmed their account in a recent Newsweek interview.

The men said Gonzales asserted it would be improper for a governor to sit on a criminal case in which he could later be asked to grant clemency.

"The marked contrast between the version of events Mr. Gonzales provided to the Senate Judiciary Committee and the version told by the three other individuals involved ... is enough to require the State Bar of Texas to investigate this matter," said CREW executive director Melanie Sloan.

The White House said there was no conflict between Gonzales' answer and what occurred at the trial.

"Judge Gonzales correctly answered the questions posed to him by the senators," said White House spokeswoman Erin Healy. "He does not remember requesting a meeting; but the judge in no way requested a recusal for then-Gov. Bush."

Separately, 19 pages of additional answers submitted by Gonzales to committee Democrats were released Tuesday.

Gonzales denied that he withheld information from the senators but declined to release additional memos sought by the Democrats, saying they constitute private deliberations between the president and his advisers.

Criticized last week by Sen. Dianne Feinstein, D-Calif., for giving "legalistic" answers, Gonzales offered a more personal account regarding the propriety of tactics such as forced nudity or threatening detainees with dogs.

"I feel that the United States should avoid the use of such harsh methods of questioning if possible," he wrote. "The images of American soldiers appearing to engage in such conduct have created questions in the minds of some around the world whether we are committed to the rule of law."

Still, he added, "There may be extreme circumstances, however, where ... the use of lawful but aggressive methods of questioning may be considered imperative to an effort to secure information that may save hundreds or thousands of lives."

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