David Limbaugh

The New York Times has just reported that certain ex-military lawyers might oppose President Bush's attorney general nominee, Alberto R. Gonzales, because he oversaw memoranda that supposedly sanctioned the torture of detainees. Swell.

With all due respect -- and aside from any other objections that may be raised against the Gonzales appointment -- I am fed up with the scapegoating of Mr. Gonzales over this issue.

Why do so many critics jump to the defense of this depraved enemy we're fighting, whether by leaping to the conclusion the Marine in Fallujah "murdered" the enemy soldier who could have been pretending to sleep, or presuming that our government lawyers are anxious to condone the abuse of terrorist prisoners?

How about just once giving those in charge of managing our national security and those directly putting their lives on the line the benefit of the doubt?

Does this mean we assume our guys can do no wrong? Of course not. Does it mean we become barbaric like our enemy? Never. But it does mean that those of us out of harm's way ought to appreciate that we're in a brutal war against an unimaginably wicked enemy breaking every conceivable rule. So we need to cut our guys some slack.

I've been skeptical of this criticism of Gonzales from the beginning. Many of those condemning Gonzales are the same ones who seem to want to provide terrorist detainees gold-plated cell blocks with high-speed Internet access and Satellite TV. (For you literalists out there, I'm speaking both figuratively and hyperbolically, so I'd appreciate it if you'd save your nasty e-mails for other points I'm about to make.)

What, then, is the story behind the recurring beef against Gonzales? Well, it all began when the CIA requested guidance shortly after 9-11 as to the legal parameters of the interrogation techniques they could employ against an enemy who murdered 3,000 innocent women and children on American soil.

Jay Bybee, head of the Justice Department's Office of Legal Counsel (now a federal appellate judge), signed a 50-page legal memo addressing the question and sent it to Gonzales. The memo reportedly advised that international laws against torture "may be unconstitutional if applied to interrogations" conducted in the War on Terror and that torturing terrorists in captivity abroad "may be justified."

The Old Media went bonkers when this news surfaced. But let's break it down.

David Limbaugh

David Limbaugh, brother of radio talk-show host Rush Limbaugh, is an expert on law and politics. He recently authored the New York Times best-selling book: "Jesus on Trial: A Lawyer Affirms the Truth of the Gospel."

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