WASHINGTON, Dec. 6 (UPI) -- Attorney General John Ashcroft lashed out at his critics during an appearance before the Senate Judiciary Committee Thursday, and said "fear mongers" whipping up concern over civil liberties were aiding terrorists.
"To those who scare peace-loving people with phantoms of lost liberty; my message is this: Your tactics only aid terrorists -- for they erode our national unity and diminish our resolve," Ashcroft said.
During several hours of questioning, Ashcroft described an executive branch of government singularly focused on hunting down terrorists in the United States who had been specifically trained to use civil liberties to their advantage -- but pledged that the government would still respect the constitution in the fight.
The attorney general presented a feisty defense of his aggressive effort to round up terrorists to a panel, run by Democrats, with tough questions about the administration's choices in the balance between civil liberties and the war on terrorism.
In a long-awaited face-off with Senate Judiciary Committee Chairman Sen. Patrick Leahy, D-Vt., Democrats and Republicans on the panel expressed support for the war on terror, but consternation over efforts to detain suspects using whatever authority necessary, plan military tribunals for war criminals, and monitor some communications between suspects and their lawyers.
Ashcroft said the same steps that have bristled civil libertarians have been key in preventing any further attacks since Sept. 11.
He also warned panel members who have groused that they have been cut out of the loop that Congress' role is limited in a time of war.
"Congress' power of oversight is not without its limits," Ashcroft said. "The constitution vests the president with the extraordinary and sole authority as commander in chief to lead our nation in times of war."
Ashcroft arrived at the hearing brandishing what he said was an al Qaida manual seized in the search of a member's home in England and introduced this year in the embassy bombing trials in New York.
According to the manual, Ashcroft said, al Qaida terrorists are taught to use "the benefits of a free press," to further their goals. They are also well-versed in exploiting the liberties built into American judicial processes and "to concoct stories of torture and mistreatment" while under custody. Ashcroft said the terrorists had also been trained to "take advantage of any contact with the outside world" while under custody to further their work.
However, Ashcroft said the government was not preventing the hundreds of detainees in government custody from making contact with the outside world and pledged that they had access to attorneys.
In a terse exchange with Sen. Russ Feingold, D-Wis., Ashcroft called the well-publicized case of Ali al Maqtari -- detained for nearly two months on a minor immigration violation without apparent contact with his attorney -- an "irregularity." Al Maqtari's lawyer has said the government prevented him from contacting his client.
The Immigration and Naturalization Service has detained 563 individuals, many on minor immigration violations that would not normally require incarcerations. The government has also brought criminal charges against 110 individuals, of which 60 are in federal custody.
A study of those charges conducted by United Press International has shown that many are also relatively minor criminal violations pressed by the government to keep individuals in custody. None of the criminal charges is directly related to the events of Sept. 11.
During the hearing, lawmakers continued their effort to squeeze details from the administration on the scope and shape of possible military tribunals. Lawmakers on both sides of the aisle have said they are not opposed to the tribunals, but only want them to take place off U.S. soil, only against war criminals and to be fair.
According to President Bush's order to establish the tribunals, the government picks the judges, lawyers, venue and standards for justice.
Ashcroft did pledge that the tribunals would be used against war criminals only. He also said the tribunals would be, "full and fair."
Leahy even produced his own piece of legislation that would clearly give the administration the authority to move forward with the tribunals and set some ground rules. Those basic ground rules for tribunals would include the presumption of innocence.
Ashcroft signaled that the administration does not need congressional approval, but would be willing to listen to suggestions.
