Will Tiawan Gongloe take the hit at Justice?

Someone at the Ministry of Justice ought to take the hit for shutting the doors of the Independent Newspaper without a court order. That action, at the bare minimum, amounts to a dereliction of the commitment to uphold the law, at the maximum, is an infringement of that very law. Administratively, the obvious candidate for that hit is the head of the ministry, the Justice minister, who is also the Attorney General of Liberia.

However, it appears that Liberia’s Solicitor General Tiawan Gonlgoe has thrust himself in the spotlight as the de facto head at the ministry; in him does exit its legal and political mainstay. Therefore, his statement that the newspaper closure is consistent with the law puts him in the running as a candidate in "waiting" for the hit. That statement suffered its latest defeat last Thursday when President Ellen Sirleaf declared:“[The] police was wrong to shut down the Independent Newspaper in the absence of a court order.” That disagreement is a hit of itself.

Tiawan Gongloe has an impressive resume as one of Liberia’s finest human rights lawyers. In 2003, he made headlines around the world when images of his beating while serving in Charles Taylor’s dungeon made the front pages of major newspapers. The bodily harm he sustained became a gruesome metaphor for the brutality and cruelty of the Taylor regime.

In 2005, Mr. Gongloe was appointed Liberia’s solicitor general, and the following year, 2006, he made another headline, as the first—perhaps only—solicitor general in the history of Liberia to arrest and handcuff a former president, the same president—Taylor—who ordered his arrest and detention without a court order. Recently, Mr. Gongloe achieved another milestone in his legal profession, when he confirmed the arrest of former interim chairman Gyude Bryant on charges of economic sabotage, according to the Voice of America.

But it seems all of Mr. Gongloe’s impeccable resume may be forever scarred by the manner in which he has addressed the issue of the newspaper closure. And if the Supreme Court follows in the direction of the President and rules in favor of the Independent, it would be the final nail in the coffin of Mr. Gongloe’s tenure as solicitor general of Liberia.

If that happens, it would be a disappointment to many, including myself, who respect and admire him for the temerity and audacity he demonstrated in raising the awareness of human rights abuses under Taylor. For Mr. Gongloe to appear now as the one denying that very freedom he fought to ensure under Taylor has to be sending a chill down the spine of those who expect him, if anything, to err on the side of the law.

The solicitor general office is the second highest legal counsel for the government of Liberia. Its responsibilities include such functions as providing legal advice and representation for the government in all legal matters. Though by comparison the solicitor general position is second to the Attorney General position of the United States in terms of authority, the political and legal bent Mr. Gongloe brings to this position, warrants comparing him to Mr. Alberto Gonzales, Attorney General, of the U.S. government.

Like Mr. Gongloe, Mr. Gonzales is under fire for the manner in which his office fired eight U.S. attorneys. In his public statements, Mr. Gonzales said that he was not involved in discussions prior to the firing, but evidence suggests the contrary. This has prompted calls from some Republicans and Democrats in Congress for Mr. Gonzales to step down, citing incompetence and lack of confidence in his ability to continue as the nation’s top lawyer.

Interestingly, Messrs Gongloe and Gonzales have a few things in common, which, when put together, would make for an entertaining comparison, if not a very serious one. For example, the two share the same three first letters in their last name: "Gon." They both were trained at Harvard. Mr. Gongloe was at Harvard’s Kennedy School of Government, while Mr. Gonzales received his law degree from Harvard Law School. And both of them currently serve presidents who were themselves educated at Harvard.

So, that these two supposedly smart and intelligent legal minds are under attack for apparently making decisions, which call into question their ability and competence, and could probably lead to their firing or resignation, is a cause for concern.

Mr. Gongloe faces a more uncertain future of the two. The fact that his boss disagreed with him in such public manner shows limited support, so much so that if it comes down to a decision as to whether he should continue or take the hit, that disagreement would serve a basis for the latter.

However, Mr. Gongloe’s partner in trouble, Mr. Gonzales, has been shown a lot of support from President Bush, which means calls for his firing will be like “wasting water on dog back,” as we love to say in Liberia, except more disturbing evidence and contradictions are reviewed.

In government as well as in many management positions, high profile public servants should thrive to occupy the space that guarantees the support of their boss-- essentially the space in which Mr. Gonzales now seems to occupy in the Bush administration. That can be the grey area that allows you to remain for the long haul instead of taking the hit.