"In America, no one is above the law, even those at the highest level of government," said Christopher E. Anders, an ACLU legislative counsel. "Senators should demand now that Gonzales show the American people that he is beholden not to the political sways of the White House, but to the interests of truth and justice, by committing to the immediate appointment of an outside special counsel to investigate any and all criminal conduct by civilians in the use of torture and abuse against prisoners."

At his confirmation hearing, Gonzales failed to adequately answer inquiries from both sides of the aisle about the Bush Administration's policies on the torture and abuse of prisoners and detainees. The ACLU said that the appointment of an outside special counsel - with full investigatory and prosecutorial powers - is the only way to ensure that all civilians who violated federal laws against torture will be held responsible