By Charles Babington
Washington Post Staff
Writer
Thursday, February 3, 2005; 6:44 PM
The Senate voted 60 to 36 to confirm Alberto Gonzales as attorney general
Thursday, but only a handful of Democrats backed him after days of often
strident debate over the administration's torture policies for terrorism
suspects. Gonzales, like Secretary of State Condoleezza Rice, now assumes one of the
government's most prominent posts with President Bush's strong endorsement, but
also trailed by accusations related to the administration's war and terrorism
policies. With only six Democrats voting aye -- the smallest level of
minority-party support in decades -- the Senate action suggested that tensions
between the two parties rival those of the Vietnam war and Watergate eras. Within minutes of the vote, Bush congratulated Gonzales by phone, and Vice
President Cheney swore him in as attorney general. The Senate vote culminated weeks of debate -- including three days on the
Senate floor -- that focused on Gonzales's role in administration policies that
Democrats say led to the torture of detainees in Iraq, Afghanistan and
Guantanamo Bay. The nominee, a longtime friend of the president, was the White
House counsel at the center of internal discussions in 2002 on how aggressively
U.S. agents could interrogate terrorist suspects without violating applicable
laws against torture. GOP senators defended Gonzales, sometimes angrily, saying Democrats had
distorted his record in order to attack Bush's Iraq policies. Some Democrats
"have gone on at great length about what they misleadingly allege is the Bush
administration's torture policy and how Judge Gonzales somehow acted to condone
torture," Sen. Orrin Hatch (R-Utah) said on the chamber floor. "Nothing could be
further from the truth." Hatch said opponents blamed Gonzales "for a memo he did not write, prepared
by an office he did not run, in a [Justice] department in which he did not work,
that gave advice President Bush did not follow." But a string of Democrats said Gonzales, when testifying last month, made
unconvincing claims of not recalling his role in memos that narrowly defined
torture and led to abuses such as those at the Abu Ghraib prison near Baghdad.
Gonzales "was at the heart of the Bush administration's notorious decision to
authorize our forces to commit flagrant acts of torture in the interrogation of
detainees in Afghanistan, Guantanamo and Abu Ghraib," said Sen. Edward M.
Kennedy (D-Mass.). Sen. Jeff Bingaman (D-N.M.) said, "The policies of this administration, which
in some cases Judge Gonzales has championed and in other cases willingly
acquiesced in, have constituted a sad chapter in our nation's history. This
administration's willingness to evade and sidestep our historic commitment to
the rule of law is unfortunate indeed and I fear that a vote for this nominee
would be interpreted as condoning those reprehensible policies." Not since 1925, when the Senate twice rejected attorney general nominee
Charles B. Warren, has a nominee received as few minority-party votes as
Gonzales did, according to Senate historians. Four years ago an evenly divided
Senate voted 58-42 to confirm John D. Ashcroft, with eight Democrats joining all
50 Republicans in backing the outspoken and often controversial former
senator. Most attorneys general have been confirmed easily, sometimes unanimously.
Aside from Ashcroft, the closest votes in recent decades involved Edwin Meese
III (R), confirmed 63-31 in 1985, and Griffin B. Bell (D), confirmed 75-21 in
1977. All 55 Republican senators voted for Gonzales except Conrad Burns (Mont.),
who was absent. The six Democrats who voted for him were Mary Landrieu (La.),
Joseph I. Lieberman (Conn.), Ben Nelson (Neb.), Bill Nelson (Fla.), Mark Pryor
(Ark.) and Kenneth Salazar (Colo.). All but Lieberman are from states that Bush
carried in November. Three Democrats -- Max Baucus (Mont.), Kent Conrad (N.D.) and Daniel Inouye
(Hawaii) -- did not vote. The remaining 35 voted no, as did Sen. Jim Jeffords
(I-Vt.). Moments before the roll call, Sen. Patrick Leahy (D-Vt.) said some
Republicans "have tried to smear anyone who has voiced concern about this
nomination." He said many Democrats opposed Gonzales because of his "continued
adherence to flawed legal reasoning regarding torture, a stubborn commitment
betraying seriously poor judgment." Also "deeply troubling," he said, "is the
nominee's lack of independence from the president." But Sen. Pete V. Domenici (R-N.M.) said Democrats want to ignore "that George
Bush won the election." Sen. John F. Kerry (D-Mass.), who lost to Bush, said Gonzales "committed
grave errors in formulating the administration's detention and interrogation
policies, which have put American troops in greater danger. American presidents
for decades have believed in the Geneva Conventions because they protect
American troops captured by the enemy. It's a mistake to choose as our nation's
chief law enforcement officer someone who called these protections 'quaint' and
opened a Pandora's Box that has tarred America's image in the world and placed
our troops at even greater risk."