Loose-cannon lawman feeds fires of fear
FEW SEATS ARE hotter right now than the one occupied by Attorney-General John Ashcroft, America's most powerful lawman.
To cartoonists, he is Mullah Ashcroft, the leader of the New Taleban threatening to hold you without charge, tap your phone calls to your lawyer and execute you in secret. To his many critics on the American left, he is a Christian zealot using the war on terrorism to change forever America's cherished legal freedoms. And even on the far right - his traditional power base - he is now considered a worry as he seeks to expand federal powers. William Safire, the New York Times' resident conservative curmudgeon, last week referred to 'try'em-and-fry'em Ashcroft'.
In an America still rallying behind the flag - and the White House - criticism of the administration of President George W Bush is still relatively muted. What frustrations and concerns are out there, however, seem to be taken out on Ashcroft - a lightning rod for difficult times.
His role as Attorney-General gives him power over the FBI. It also ultimately puts him in charge of investigations into the September 11 attacks and anthrax outbreaks - as well as domestic intelligence operations to prevent future terrorism. All up, Ashcroft has authorised the detention of more than 1,100 people in relation to the attacks. Until this week, he allowed little information to be released about their fate. What is known is that most of the group are being held on routine immigration charges. Others are facing criminal action, but none have been arrested for direct involvement in September 11.
He has also pushed executive orders allowing a nationwide dragnet of some 5,000 Middle-Eastern men. They will not be formally arrested, but will be interviewed to see if they can volunteer information about Osama bin Laden's operations in America's growing Arab community. Embarrassingly, some local police forces have refused to co-operate, warning the sweep contravenes edicts outlawing racial profiling by officers.
Ashcroft's work has been made easier by emergency rule changes allowing him to authorise detentions without charge and far wider wire-tapping provisions. If terrorism is suspected, he can even allow his agents to listen to once-privileged conversations between a suspect and his lawyer.
Most significant has been Ashcroft's support for Bush's executive order allowing for the creation of military tribunals to try terrorist leaders. In theory, these could involve closed trials with no promise of appeal and secret executions.
Bush is responsible for the decision, but it is believed Ashcroft was driving the internal debate for him to sign it - even without consulting Congress. The American constitution does not apply to these people, Ashcroft said.
None of his critics seem to suggest that anything other than the most robust investigative approach is needed and all demand action. But many do not want America's much-vaunted constitutional freedoms put at risk in the process - especially without widespread debate.
Under-pinning all the concern is that despite all the detentions and new powers, little clear progress has been made.
Not surprisingly, Ashcroft's seat looks set to get even hotter in the coming week. He is due to appear before a Congressional committee - never his favourite forum. Earlier in the year, Ashcroft faced a grilling before being confirmed in his new job. Many congressmen felt he was far too socially conservative to administer America's criminal laws.
An active member of a Pentecostal sect, Ashcroft supports the death penalty and opposes abortion. His support of civil rights for America's blacks has also been seen as shaky.
A quiet but steady performance in the months before September 11 had all but silenced the critics. Now they are back with a vengeance.
Early each morning, Ashcroft hosts a prayer meeting in his office for his staff. His critics suggest even this runs against the notion of church and state separation. However, he is unlikely to stop it any time soon. Right now, Ashcroft needs all the help he can get.
