Friday, Jul 4, 2008
John Ashcroft's war on terrorism has done enormous damage to our liberties -- and he has few tangible results to show for it.
Nov 19, 2004 | Being John Ashcroft apparently means never having to say you're sorry. On Nov. 10, the attorney general congratulated himself in a farewell letter "to the American people" with this assessment: "I am blessed to leave public office in a nation that is safer and stronger than the one I found; a nation in which the flame of freedom illuminates every American and burns a signal fire to a watching world." In fact, there is little reason to believe Ashcroft's claim that the nation is safer and stronger; file boxes of evidence to demonstrate that if the "flame of freedom" still burns, it is despite Ashcroft's efforts, not because of them; and every indication that the "signal fire" America is sending to the "watching world" is not one of freedom.
Whether Alberto Gonzales, nominated to be Ashcroft's replacement, can set us on the road to recovery is now a critical question. Unfortunately, the damage is already so deep that there is little reason for optimism.
Consider first the state of freedom at home. With the possible exception of the right to bear arms, it is difficult to name a constitutional guarantee that Ashcroft did not trample upon.
The right to liberty itself has given way to mass preventive detention, effected through pretextual law enforcement, abuse of the material-witness authority and designation of detainees as "enemy combatants." Ashcroft oversaw the preventive detention of more than 5,000 foreign nationals in anti-terrorism initiatives in the United States after Sept. 11, 2001, mostly on immigration charges. Many were arrested in secret, without charges, held without any evidence that they were dangerous or a flight risk, denied access to lawyers and the courts, tried in secret immigration hearings, physically beaten by guards, and held for months even after their immigration cases were fully resolved.
Privacy has become an endangered species with the passage of Ashcroft's USA PATRIOT Act. That law allows the government to obtain records from any business, school or library on U.S. citizens, without showing that they are suspected of criminal activity, and frees the government in many criminal investigations from the bedrock constitutional protection for privacy -- namely, the requirement that it establish probable cause of criminal activity before it searches a home or taps a phone.
The right of assembly must now be exercised knowing that the attorney general has unleashed the FBI to spy on political and religious gatherings even where there is no reason to believe that any criminal conduct is being planned or advocated. And just as Ashcroft famously equated criticism of his efforts with treason, his FBI equated antiwar rallies with terrorism. In October 2003 it issued a "terrorism" bulletin alerting local law enforcement agencies to "be alert to ... indicators of protest activity" by antiwar demonstrators -- including such subversive tactics as the use of the Internet to raise funds and organize.
Political freedom has fallen prey to prosecutions for "material support" to proscribed "terrorist organizations," the modern-day version of the McCarthy-era tactic of guilt by association. Virtually all the cases in which the Justice Department has actually brought a "terrorism" charge allege not terrorist activity as such, but support to a proscribed group. Under this statute, the department prosecuted Saudi student Sami Al-Hussayen for doing nothing more than running a Web site that had links to other Web sites that in turn included incendiary speeches by Muslim clerics. A jury in Idaho, where notions of free speech apparently still hold sway, unanimously acquitted Al-Hussayen on all terrorism charges.
The right to a lawyer, critical to the protection of all other rights, has been denied outright to enemy combatants, intentionally obstructed for immigration detainees and interfered with in unprecedented fashion by Ashcroft's order authorizing agents to listen in on attorney-client conversations of suspected terrorists in prison without judicial approval, and without probable cause to believe the conversation is furthering any criminal activity.
Finally, and perhaps most disturbing, Ashcroft launched the most extensive campaign of ethnic profiling this country has seen since World War II. He did not intern 110,000 people for their ethnicity, as we did then, but he did call in 80,000 for registration, fingerprinting and interviews simply because they came from Arab and Muslim countries, and sought out 8,000 more for FBI interviews on the same basis. Virtually all the 5,000 detained foreign nationals were Arab or Muslim, and according to Ashcroft's own inspector general, some were picked up for little more than their ethnicity, as when the FBI arrested individuals based solely on a tip that there were "too many Middle Eastern men" working in a convenience store.
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