Albert Gonzalez: The Laws He Broke And Consequences

Albert Gonzalez, a former hacker and informant for the Secret Service, was sentenced to 20 years in prison for his involvement in Operation Get Rich or Die Tryin', one of the largest hacking and identity theft cases ever prosecuted by the U.S. government. Gonzalez and his crew stole over 130 million credit and debit card numbers, targeting major companies such as TJX, Office Max, and Heartland Payment Systems. While working as an informant, Gonzalez simultaneously ran his criminal enterprise, taking advantage of his knowledge of the government's cybercrime defenses. Despite expressing remorse for his actions, Gonzalez attempted to withdraw his guilty plea, claiming that the Secret Service had authorized his crimes. However, his petition was denied, and he is currently serving his sentence.

Alberto Gonzales, not Albert Gonzalez, was the US Attorney General from 2005 to 2007

Alberto Gonzales, not Albert Gonzalez, was the 80th United States Attorney General from 2005 to 2007. Gonzales was born in San Antonio, Texas, and raised in Humble, Texas, a town outside of Houston. He was the second of eight children born to Maria (Rodriguez) and Pablo M. Gonzales. Gonzales's father was a migrant worker and his mother worked at home raising their eight children. Gonzales and his family of ten lived in a small, two-bedroom home built by his father and uncles with no telephone and no hot running water. Gonzales attended MacArthur High School in unincorporated Harris County, where he was an honours student. He enlisted in the United States Air Force in 1973, serving for four years. He attended Rice University in Houston, where he was a resident of Lovett College, and was selected as the Charles Parkhill Scholar of Political Science. He graduated with a bachelor's degree with honours in political science in 1979. He then earned a Juris Doctor (J.D.) from Harvard Law School in 1982.

Gonzales was an attorney in private practice from 1982 until 1994 with the Houston law firm Vinson and Elkins, where he became one of the first Hispanic partners in its history. In 1994, he was named general counsel to then-Texas Governor George W. Bush, rising to become Secretary of State of Texas in 1997 and a Texas Supreme Court Justice in 1999. Gonzales was appointed to the Texas Supreme Court by Governor Bush. Gonzales won his election bid to remain on the court in the Republican primary in 2000, and was elected to a full six-year term on the State Supreme Court in the November 2000 general election.

Gonzales was sworn in as the 80th United States Attorney General on February 3, 2005, becoming the first Hispanic to hold the position. His tenure as Attorney General was marked by controversy, including the warrantless surveillance of US citizens and the legal authorization of "enhanced interrogation techniques", which were later acknowledged as constituting torture. Gonzales also presided over the firings of several US Attorneys who had refused back-channel White House directives to prosecute political enemies, leading to accusations that the office of Attorney General had become improperly politicised. Following calls for his removal, Gonzales resigned from his position on August 27, 2007, effective September 17, 2007.

Gonzales was involved in the Bush administration's policy of torturing detainees

Albert Gonzales, former White House Counsel and US Attorney General, was involved in the Bush administration's policy of torturing detainees. In January 2002, Gonzales wrote a memo exploring whether the Geneva Convention's section III on the Treatment of Prisoners of War (GPW) applied to Al-Qaeda and Taliban fighters captured in Afghanistan and held in detention facilities. The memo put forward arguments both for and against providing GPW protection to al-Qaeda and Taliban fighters.

Gonzales was also a member of the NSC Principals Committee that approved the use of torture in the CIA interrogation program. The CIA also "disappeared" detainees by holding them in long-term incommunicado detention in secret locations and transferred them to countries where they were likely to be tortured.

In August 2002, Gonzales oversaw President Bush's Office of Legal Counsel when it produced the Bybee memo, which provided the legal framework to expand presidential authority to enable "enhanced interrogation techniques". The Bybee memo, written by OLC's Jay Bybee, with significant input from John Yoo, argued for a very narrow definition of torture and that certain interrogation techniques that might be considered torture could be legally justified.

In March 2009, a complaint was filed in Spain against Gonzales and five other former Bush administration lawyers, referred to as the "Bush Six". The complaint alleged that as a result of the legal advice these men provided, the US government committed torture and violated the Geneva Conventions.

Gonzales was an early advocate of the controversial USA PATRIOT Act

Alberto Gonzales was an early advocate of the controversial USA PATRIOT Act, which was passed by Congress and signed into law by President George W. Bush in October 2001. Gonzales, who served as the 80th United States Attorney General from 2005 to 2007, was the highest-ranking Hispanic American in executive government in American history at the time.

Gonzales's tenure as U.S. Attorney General was marked by controversy regarding warrantless surveillance of U.S. citizens and the legal authorization of "enhanced interrogation techniques", which were later generally acknowledged as constituting torture. Gonzales also supported the Bush administration's policy of torturing detainees, internally referred to as "enhanced interrogation techniques".

The USA PATRIOT Act was enacted in direct response to the September 11 attacks and the 2001 anthrax attacks, with the stated goal of dramatically strengthening national security. The Act included three main provisions:

• Expanded surveillance abilities of law enforcement, including by tapping domestic and international phones;
• Easier interagency communication to allow federal agencies to more effectively use all available resources in counterterrorism efforts; and
• Increased penalties for terrorism crimes and an expanded list of activities which would qualify for terrorism charges.

The Act is extremely controversial due to its authorization of indefinite detention without trial of immigrants, and due to the permission given to law enforcement to search property and records without the owner's consent or knowledge. Since its passage, several legal challenges have been brought against the Act, and federal courts have ruled that a number of provisions are unconstitutional.

Gonzales was an early advocate of the Act, which was passed by Congress and signed into law by President George W. Bush in October 2001. As Attorney General, Gonzales led the Justice Department's defense of the 2003 Partial Birth Abortion Act when it was challenged in court, and for this reason, the legal case bears his name. The Supreme Court issued its opinion in this case on April 18, 2007, ruling in favor of Gonzales and the Justice Department and upholding the 2003 Partial Birth Abortion Act as constitutional.

Gonzales was involved in the dismissal of US attorneys

On December 7, 2006, the George W. Bush administration's Department of Justice ordered the midterm dismissal of seven US attorneys. Congressional investigations focused on whether the dismissals were politically motivated.

Alberto Gonzales, Attorney General at the time, was involved in the dismissal of the US attorneys. In March 2005, Gonzales's chief of staff, Kyle Sampson, came up with a checklist to rate each US attorney. The criteria valued political allegiance as much as job performance. Sampson recommended retaining "strong US attorneys who have...exhibited loyalty to the President and Attorney General." He also suggested "removing weak US attorneys who have... chafed against Administration initiatives."

Gonzales testified under oath that he was not involved in any discussions about what was going on and that he was not involved in seeing any memos. However, in April 2007, ABC News obtained an internal department email showing that Gonzales had urged the ouster of Carol Lam, one of the fired attorneys, six months before she was asked to leave.

In September 2008, the Justice Department Inspector General's investigation concluded that the dismissals were politically motivated and improper. The next day, Attorney General Michael Mukasey appointed Nora Dannehy as a special prosecutor to decide whether criminal charges should be brought against Gonzales and other officials involved in the firings. The investigation concluded in July 2010, finding that there was insufficient evidence to charge anyone with perjury.

Gonzales was involved in the NSA domestic eavesdropping program

Alberto Gonzales, the former Attorney General of the United States, was involved in the National Security Agency's (NSA) domestic eavesdropping program, which was part of the Terrorist Surveillance Program (TSP). This program was authorized by President Bush shortly after the 9/11 attacks and allowed the NSA to monitor, without obtaining a warrant, phone calls, internet activities, text messages, and other forms of communication involving parties believed to be outside the US and linked to terrorist organizations.

Gonzales defended the legality of the program, citing the 2001 resolution authorizing military action against al Qaeda and President Bush's "inherent constitutional authority". He argued that the government could "lose access to valuable information" if they had to follow the process of obtaining a warrant. Gonzales also stated that the program was not "going hog wild restraining American liberties" and that only eight members of Congress who had been briefed on the program "know what's going on".

However, the program faced criticism and legal challenges from several senators, who argued that President Bush did not have the authority to bypass the Foreign Intelligence Surveillance Act of 1978, which required a court order for wiretaps. The controversy surrounding the program led to investigations and hearings, with Gonzales testifying before the Senate Judiciary Committee in February 2006. Ultimately, the program was ruled unconstitutional and in violation of the First and Fourth Amendments in August 2006 by a district court judge.

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