Attorney General Gonzales testifies about Posada Carriles
CONGRESSIONAL TRANSCRIPTS
Congressional Hearings
May 10, 2007
House Judiciary Committee Holds Hearing on Department of Justice Oversight
Witness: Attorney General Alberto R. Gonzeles
Questioner: Rep. Bill Delahunt, D-MA.
DELAHUNT:
General Gonzales, we've heard about delegation and the size of the department. And I think we all understand that, and, obviously, the need to delegate powers and authorities. But there are some powers and authorities that you cannot delegate.
And you've been an ardent advocate for the Patriot Act.
GONZALES:
Yes.
DELAHUNT:
You support it, you've come here and you've testified, correct?
GONZALES:
That is correct, sir.
DELAHUNT:
And you have the power to review information regarding organizations and an individual to determine whether they are terrorists. And you have the power to detain those individuals. Is that correct?
GONZALES:
Depending on, of course -- always relying upon the recommendations, the analysis and views of...
DELAHUNT:
I understand that. But you can delegate that decision-making process to the deputy attorney general, but you can't delegate it to a U.S. attorney or anyone else. In the end, that's your decision to make, correct?
GONZALES:
And, of course, I'm head of the department and in the end I'm responsible for...
DELAHUNT:
I understand.
(CROSSTALK)
DELAHUNT:
Well, back in March of 2005 an individual by the name of Luis Posada Carriles entered this country illegally. He has had a long and rather dramatic history of violence and in fact has been convicted of acts of terrorism in other countries.
The most famous charge, of course -- and this is referenced in a series of FBI documents that are now in the public domain -- is that he was implicated in the midair bombing of a Cuban airliner, resulting in the deaths of some 73 civilians.
I'm sure you're familiar with that.
GONZALES:
I'm familiar with the news stories, yes, sir.
DELAHUNT:
Well, let me ask you this: Have you reviewed this particular case?
GONZALES:
I'm aware of this case.
DELAHUNT:
And have you made at any point in time an assessment of whether this individual should be designated as a terrorist and detained?
GONZALES:
What I can say, Congressman, is that, of course, I'm concerned about what I know. And we've taken steps in the courts to try...
DELAHUNT:
I understand you've taken steps in courts, but I'd appreciate a direct answer.
GONZALES:
What's the question?
DELAHUNT:
Why have you not taken steps to designate Luis Posada Carriles as a testimony -- rather, as a terrorist, given the overwhelming information that exists in the public domain today?
GONZALES:
Congressman, what I'd like to do is go back and look at this case so I can give you an answer. I want to be -- I want to be totally accurate with you with respect to...
DELAHUNT:
I understand. But this is your responsibility...
GONZALES:
And I want to be careful about what I can say publicly. And so, again...
DELAHUNT:
Well, I understand you have to careful. But at the same time, have you undertaken a review of this case, given the law authorizing you...
GONZALES:
I'm aware of the circumstances of this case. But I'm also aware that there are still on -- think -- matters and actions ongoing within the department that have not been completed. And I don't want to say anything that would in any way jeopardize that.
DELAHUNT:
Well, what we have now, given the decision that was rendered this past week, is we have Mr. Posada Carriles a free man in this country. You're familiar with that.
GONZALES:
I'm aware of the judge's decision. We obviously disagree. We're making estimates about what to do.
DELAHUNT:
Well, let me reclaim my time, and let me read a finding of the court that I find particularly disturbing, and I would be interested in your response. "In addition" -- this is the judge, now -- "In addition to engaging in fraud, deceit and trickery, this court finds that the government's tactics in this case are so grossly shocking and so outrageous, to violate the universal sense of justice. As a result, this court is left with no choice but to dismiss this indictment."
Now, in my previous life, I also was a prosecutor. I have never in my 22 years as a prosecutor read that kind of language coming from a court.
GONZALES:
May I just say that I respectfully disagree with the judge? And because this is a matter that's still pending, I'm not going to otherwise comment on her comments.
DELAHUNT:
Right.
Well, let me go back again to the earlier question that I posed, that the designation by yourself of Luis Posada Carriles as a terrorist does not require, under the Patriot Act, an act which you have supported and this administration has advocated for -- does not require any judicial review.
Is that a fair statement?
GONZALES:
I think that is a fair statement, Congressman.
But, again, with respect to your specific question as to why hasn't this happened, I need more information. I'd be happy to hopefully get back...
DELAHUNT:
With all due respect, Mr. Attorney General, as my colleague from California said, the buck stops with you on this one.
GONZALES:
I understand.
DELAHUNT:
This is not susceptible to being delegated anywhere else. And I would hope you would take a look -- a hard look, now. |
