Reflect carefully on Ashcroft's power
kansascity.com
Attorney General John Ashcroft's disturbing testimony before the House
Judiciary Committee last week shows why Congress must be cautious in
expanding the Patriot Act.
Ashcroft revealed bureaucratic arrogance and an apparent willingness to
turn a bedrock principle of American justice on its head.
Congress must be sure any new provisions to the Patriot Act are essential
to the war on terrorism. It also must recognize that the law will be
enforced by a Justice Department whose leader seems unwilling to
understand widespread concern about threats to civil liberties.
In the recent Judiciary Committee hearing, Ashcroft responded to a
just-issued inspector general's report that severely criticized his agency
for the way it handled 762 immigrants detained after the Sept. 11, 2001,
terrorist attacks. One of the report's complaints was that people were
jailed for weeks and months until the FBI could "clear" them of being
terrorists.
"Obviously," said Ashcroft, "in an ideal world we would like to be able to
have cleared people instantly." What he said next showed little respect for
the principle that people arrested -- whether citizens or not -- are
presumed innocent until proven guilty:
"We would like to know anytime someone is charged, in the very shortest
period of time, whether they are innocent or guilty or whether they were
associated with terrorism or not."
A trial determines innocence or guilt, but Ashcroft appears willing to let
the FBI clearance process decide that. Congress should be wary as it
considers additional powers. Many of the act's provisions don't expire until
2005, and the Senate recently decided not to make the act permanent
now. That was a wise move.
Ashcroft wants to clarify and broaden the definition of "material support"
that someone illegally may give to terrorists. He wants tougher penalties
for terrorism. And he wants to prevent terrorism suspects from being
released on bond before a trial. Some of his proposals may have merit,
but Congress must be careful. Ashcroft doesn't seem to accept the
importance of the inspector general's criticism of his department.
It would have been reassuring to hear Ashcroft acknowledge errors --
some of them understandable -- after Sept. 11. Instead, he
self-righteously declared that "we do not apologize" for department policy
and actions. That attitude should be a red flag as Congress considers
giving Ashcroft additional powers. |
