Despite a poor performance at his confirmation hearing, Alberto R. Gonzales appears almost certain to be confirmed by the Senate as attorney general. Senators of both parties declared themselves dissatisfied with Mr. Gonzales' lack of responsiveness to questions about his judgments as White House counsel on the detention of foreign prisoners. Some expressed dismay at his reluctance to state that it is illegal for American personnel to use torture, or for the president to order it. A number of senators clearly believe, as we do, that Mr. Gonzales bears partial responsibility for decisions that have led to shocking, systematic and ongoing violations of human rights by the United States. Most apparently intend to vote for him anyway. At a time when nominees for the Cabinet can be disqualified because of their failure to pay taxes on a nanny's salary, this reluctance to hold Mr. Gonzales accountable is shameful. He does not deserve to be confirmed as attorney general. We make this judgment bearing in mind the president's prerogative to choose his own cabinet, a privilege to which we deferred four years ago when President Bush nominated John D. Ashcroft to lead the Justice Department. In some important respects, Mr. Gonzales is a more attractive figure than Mr. Ashcroft. His personal story as a Hispanic American is inspiring. ... It is nevertheless indisputable that Mr. Gonzales oversaw and approved a decision to disregard the Geneva Conventions for detainees from Afghanistan, that he endorsed interrogation methods that military and FBI professionals regarded as illegal and improper, and that he supported the indefinite detention of both foreigners and Americans without due process. To confirm such an official as attorney general is to ratify decisions that are at odds with fundamental American values. [more]