Ashcroft defends department's use of expanded antiterror powers

Attorney General John Ashcroft Thursday defended the Justice Department's use of the expanded powers granted under the USA PATRIOT Act, called for three additional changes to the law, and pledged greater collaboration with Congress.

Under fire by civil libertarians and privacy advocates for a series of executive branch decisions in the war on terrorism-including the Justice Department's unilateral decision to abandon decades-old FBI surveillance guidelines-Ashcroft was alternately combative and conciliatory in his first House Judiciary Committee appearance in 20 months, according to National Journal's Technology Daily.

"I believe that there is value in consultation, and I would look forward to consulting with members of this committee about guidelines adjustments in the future, because I believe we can do a good job when we work together," Ashcroft said, while responding to a question from Judiciary Chairman James Sensenbrenner, R-Wis., about "what justified deviating from the tradition of consulting with Congress."

Democrats grilled Ashcroft over surveillance in libraries and bookstores, lengthy detentions of immigrants, the right of criminal defendants to call witnesses, and the denial of the right to habeas corpus or counsel for the two citizens in solitary confinement who have been deemed enemy combatants.

But Sensenbrenner injected some warnings while lauding the Justice Department both for its prosecutions and its actions preventing terrorist actions in his opening statement. Speaking about the PATRIOT Act, he added, "My support for this legislation is neither perpetual or unconditional," noting that Congress and the administration "must be vigilant toward short-term gains which ultimately may cause long-term harm to the spirit of liberty." Ashcroft veered close to apologizing when he said "any assumption that I might have made" about the extent of communication with the Judiciary Committee "may have been one that presumed [or] overestimated our previous consultations."

But Ashcroft strongly defended the PATRIOT Act. "Our ability to prevent another catastrophic attack on American soil would be more difficult, if not impossible, without the PATRIOT Act," he said, criticizing those who "now suggest it is not necessary." He added, "It has been the key weapon to protect innocent Americans against the deadly plans of terrorists," and urged changes to permit greater leeway for charging those who are associated with terrorist groups, to expand the death penalty for terrorist groups, and expand pre-trial detention in terrorism cases.