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Profile: Abraham Sofaer
Abraham Sofaer was a participant or observer in the following events:
Abraham Sofaer of the Hoover Institution, a conservative think tank, becomes the first expert witness to testify before the 9/11 Commission. He uses this opportunity to express his support for the war in Iraq. Sofaer, a former federal judge and State Department legal adviser, will later say that he was pleased to testify before the Commission and that he knew what an honor it was to be the first expert witness. According to author Philip Shenon, the witness list was drawn up by Philip Zelikow, the Commission’s executive director, who appears to be a supporter of the Iraq war (see June 14, 2002). Despite Sofaer’s experience, Shenon will think it “odd” that he is the first expert witness, as he has “no special expertise on the events of September 11.” Instead, he advocates the recent US invasion of Iraq and champions the concept of “preemptive defense” or “preemptive war,” even against a country that poses no imminent military threat. “The president’s principles are strategically necessary, morally sound, and legally defensible,” Sofaer says. He also criticizes the perceived policy of former President Bill Clinton, saying, “The notion that criminal prosecution could bring a terrorist group like al-Qaeda to justice is absurd.” In the future, he says, when an enemy “rises up to kill you,” the US should “rise up and kill him first.” He calls on the Commission to endorse the preemptive war concept, and, in effect, the invasion of Iraq. [Shenon, 2008, pp. 103-104]
Attorney general nominee Alberto Gonzales turns in supplementary written answers to expand upon and clarify his testimony before the Senate Judiciary Committee (see January 6, 2005 and January 6, 2005). Buried in the documents is what reporter Charlie Savage will call “an explosive new disclosure.” Gonzales reveals that the Bush administration had secretly decided that the Convention against Torture, an international treaty, only has force on domestic soil, where the US Constitution applies. Noncitizens held overseas have no rights under the treaty, Bush lawyers concluded. Legal scholars from all sides of the political continuum denounce the administration’s position. Judge Abraham Sofaer, who negotiated the treaty for the Reagan administration, will write a letter to Congress informing it that President Reagan had never intended the treaty’s prohibition on torture and brutal treatment to apply only on US soil. However, the Bush administration stands by its position. [Savage, 2007, pp. 213]
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