Ashcroft Accused Judges of Interfering in National Security

Retiring Attorney General John Ashcroft says activist judges are threatening Bush Administration decisions on national security.

While I think he is right about activist judges, here’s what he forgot to say:

The Bush Administration decisions in question are unconstitutional and unconscionable. And Ashcroft, as the attorney general, was wrong to support such unconstitutional measures as detaining Americans without access to lawyers and the court system for over three years.

It should have been Ashcroft who was telling Bush that suppressing Constitutional protections was a wrong decision, instead of the idiot judges in question that Ashcroft has no control over. Further, suppressing the Constitution is not national security…it’s bad policy.

I think that the Bush Administration should spend a little bit of time studying the American Civil War, and President Lincoln’s attempt to suspend the writ of habeas corpus in 1861, so that Confederate sympathizers and copperheads could be arrested for the duration of the war. The Supreme Court eventually ruled the suspension without an act of Congress as unconstitutional.

Some of the Americans arrested shortly after 9/11 had nothing to do with terrorism, but because they are of Middle Eastern background, the authorities held onto them. Now I think they’re afraid to let them go without charging them with something, because they’ll have an open-and-closed case of false imprisonment, denying American citizens their civil rights, and other similar accusations. It’s a huge liability question for this Administration or the next one to deal with.

We cannot hold people prisoner until they do something wrong. If they haven’t done anything wrong, they should be released. Period.