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The Ashcroft Report

Bush Pushes Expansion of Controversial Patriot Act
"Acting at the Bush administration's behest, a joint House-Senate conference committee has approved a provision in the 2004 Intelligence Authorization bill that will permit the Federal Bureau of Investigation (FBI) to demand records from a number of businesses without the approval of a judge or grand jury," OneWorld U.S. News Service reports. This measure, which builds on the USA Patriot Act, would extend the FBI's power to seize records from securities dealers, currency exchanges, travel agencies, car dealers, post offices, casinos, pawnbrokers and any other business that has a "high degree of usefulness in criminal, tax or regulatory matters." Until now, only banks, credit unions and similar financial institutions were required to turn over such records to the FBI. According to the New York Times, lawmakers from both parties expressed concerns that the measure gave the government too much authority and that the public had been shut out of the debate.
Sources: New York Times, "Lawmakers Approve Expansion of F.B.I.'s Antiterrorism Powers," Nov. 20, 2003; OneWorld U.S. News Service, "Patriot Act Expansion Moves Through Congress," Nov. 21, 2003.

Justice Department Reportedly Deletes Information from Report to Cover Up Its Poor Diversity Record
According to the New York Times, "an internal report that harshly criticized the Justice Department's diversity efforts was edited so heavily when it was posted on the department's Web site two weeks ago that half of its 186 pages, including the summary, were blacked out." The deleted sections showed the department's record on diversity as "seriously flawed, specifically in the hiring, promotion, and retention of minority lawyers." The unedited report, completed by the consulting firm KPMG, "found that minority employees at the department, which is responsible for enforcing the country's civil rights laws, perceive their own workplace as biased and unfair." Rep. John Conyers Jr. (D-Mich.) and Jerrold Nadler (D-N.Y.) have asked the Justice Department's inspector general to investigate the decision to delete large parts of the report before releasing it to the public. Reps. Conyers and Nadler wrote in a letter to the inspector general that the Justice Department had ignored the Freedom of Information Act "simply to cover up its own poor record" with minority employees. They went on to say that they found it "outrageous that the very agency that is charged with rooting out discrimination would make it so difficult for the public to scrutinize its own civil rights record."
Sources: New York Times, "Critical Study Minus Criticism of Justice Department," Oct. 31, 2003; New York Times, "Inquiry Is Sought About Deletions in Report on Justice Department," Nov. 4, 2003.

Ashcroft Promotes the Patriot Act
The Fort Wayne, Indiana Journal Gazette reports that Attorney General John Ashcroft is turning "front-line federal prosecutors into a politicized lobbying team to defend an ill-conceived law." On Sept. 3 in Indianapolis, U.S. Attorney Susan Brooks hosted an intense primer on the USA Patriot Act as part of a coordinated nationwide effort initiated by Ashcroft to require U.S. attorneys to conduct community meetings promoting the Act. Under Ashcroft, these attorneys have been directed to engage in lobbying for partisan gain rather than focus exclusively on the prosecution of federal crimes. Many believe that Ashcroft is shamelessly misusing the general high regard that U.S. attorneys enjoy to lobby in favor of keeping the controversial Patriot Act, which has triggered a vital debate about civil liberties and the law.
Source: Fort Wayne, Indiana Journal Gazette, "Shilling for Ashcroft," September 5, 2003.

Internal Investigators Find 34 "Credible" Claims of Abuse Under Patriot Act
In a report recently released by the Justice Department, internal investigators indicated that between Dec. 16, 2002, and June 15, 2003, their office received 1,073 complaints of civil liberties infractions under the enforcement of the USA Patriot Act. Of these complaints—by and large filed by Muslim and Arab immigrants and naturalized citizens—34 were considered "credible" complaints under the jurisdiction of the inspector general, with the potential to be proven. According to the New York Times, the complaints against Justice Department employees range from the alleged physical and verbal abuse of detainees to accusations against the F.B.I. from one man who claimed they invaded his home and accused him of having an AK-47 rifle based on false information. Another complaint involved a federal prison doctor who reportedly remarked to a prisoner during an exam that, if he was in charge, he would "execute every one" of the detainees for crimes they supposedly committed.
Sources: New York Times, "Report on USA Patriot Act Alleges Civil Rights Violations," Philip Shenon, July 21, 2003

Justice Department Reports Abuse of Immigrants in Post-9/11 Pursuit of Terrorists
A recent report released by the Justice Department showed that the government’s treatment of 762 illegal immigrants during the investigation into the 9/11 terrorist attacks on the U.S. was riddled by "significant problems" including physical and verbal abuse. The report, which prompted sharp criticism of Attorney General John Ashcroft, catalogs the harsh conditions encountered by the detainees including: confinement to their cells for 23 hours a day, being slammed against walls and taunted by guards, and an allowance of only one legal phone call per week and one social phone call per month. The report indicated that detainees—who were mostly held in the federal Metropolitan Detention Center in Brooklyn and the Passaic County jail in Paterson, N.J.—were not told for unusually long periods why they were being held. Although Ashcroft claims the Department of Justice did not violate the law in any of the detainees' cases, none of the 762—who, on average, were held for 80 days—were charged as terrorists.
Sources: Washington Post, "Justice Dept. Report Faults Post-9/11 Detention Practice," Deborah Charles, June 2, 2003; New York Times, "Ashcroft Defends Detentions as Immigrants Recount Toll," Eric Lichtblau, June 5, 2003; Washington Post, "Justice Dept. Review Outlines Immigrant Rights Violations," Steve Fainaru, June 3, 2003

Ashcroft Defends Mistreatment of Detainees and Pushes for Greater Power to Pursue Terrorists
Attorney General John Ashcroft undermined the criticism arising from a recent Justice Department report which indicated that illegal immigrants detained after Sept. 11, 2001 experienced harsh conditions during their detention. According to the New York Times, Ashcroft told members of the House Judiciary Committee that authorities "need still greater powers to track and pursue terrorists" and claimed that the USA Patriot Act—the anti-terrorism law passed in response to the 9/11 tragedies that has been fervently opposed by civil liberties proponents—does not go far enough. According to the New York Times, several committee members expressed concern that civil liberties may be undermined if Ashcroft's bid for increased power—including the ability to institute the death penalty for terrorism-related crimes—is granted. In his comments, Ashcroft expressed no qualms about detaining suspects indefinitely, or in other words, as long as it takes to determine that they have no ties to terrorists.
Source: New York Times, "Ashcroft Seeks More Power to Pursue Terror Suspects," Eric Lichtblau, June 6, 2003

Ashcroft to Issue New Regulations for Asylum for Battered Women
Attorney General John Ashcroft announced that he will issue new gender-persecution regulations limiting battered immigrant women seeking asylum in the United States. Immigration and women's rights groups have expressed concern that Ashcroft does not support regulations proposed by former Attorney General Janet Reno that would have allowed battered women to be considered for asylum. The decision stems from a case involving Rodi Alvarado, a Guatemalan woman whose husband threatened to kill her if she returned home. Alvarado was granted asylum by Reno, who reversed the INS' original decision. Ashcroft is reportedly reconsidering the decision to grant asylum to Alvarado, who could be forced to return to Guatemala.
Source: Washington Post, "Ashcroft Reconsiders Asylum Granted to Abused Guatemalan," George Lardner, Jr., March 3, 2003

Details of 'Patriot Act II' Released
As a follow-up to the 2001 U.S.A. Patriot Act, the Justice Department is reportedly preparing "Patriot Act II," which will beef up the surveillance and law enforcement powers granted to the government under the guise of fighting terrorism. According to David Cole, a Georgetown Law professor, the proposed legislation would "reduce or eliminate judicial oversight over surveillance, authorize secret arrests ... create new death penalties, and even seek to take American citizenship away from persons who belong to or support disfavored political groups."
Source: The Center for Public Integrity, "Justice Dept. Drafts Sweeping Expansion of Anti-Terrorism Act," Charles Lewis and Adam Mayle, Feb. 7, 2003

New Detention Sweep Targets Individuals from Muslim Nations
The Justice Department announced the Absconder Apprehension Initiative, targeting immigrants from Middle East nations against whom deportation orders are outstanding. The department seeks to apprehend and interview Middle Eastern citizens to "prosecute any who have ties to terrorism and [compile] the results of interviews in a new computer database." According to the New York Times, many of those picked up in this sweep are individuals with strong community ties, including small business owners, families, and parents of U.S. citizens.
Sources: The New York Times, "Cost of Vigilance: This Broken Home," Susan Sachs, June 4, 2002; The Washington Post, "Tenet Paints Grim Picture Of A …," Feb. 10, 2002

Ashcroft Supports Bush's Faith-Based Initiative
Attorney General John D. Ashcroft expressed strong support for George Bush's faith-based initiative, which would permit discrimination in the provision of federal social services. Ashcroft, who hosts prayer meetings for Justice Department staff, crafted legislation while a senator to facilitate the federal funding of religious social services programs. "I find it sad that the person who ought to be the top law enforcement official in America is actively trying to erase both civil rights and First Amendment protections," said the Rev. Barry Lynn, executive director of Americans United for Separation of Church and State.
Source: The Associated Press, "Attorney General Speaks Up for Religious Initiative Criticized by Some," P. Solomon Banda, Jan. 14, 2003

Ashcroft Criticized for Politicizing Justice Department Hiring Process
Current and former Justice Department officials have accused Ashcroft of politicizing the hiring process for the prestigious Attorney General's Honors Program. Under past Democratic and Republican administrations, the recruitment program had been managed by career employees in the department, but it is now under the direct control of Ashcroft and his aides. Career employees and school placement officers have expressed concern that Ashcroft's real objective is to hire more conservatives into the Justice Department. Although Justice Department spokesperson Mark Corallo denies the allegations, school placement officers have privately indicated there has been "a marked shift to the right in the political makeup of students who were approached for interviews this year."
Source: The Washington Post, "Justice Dept. Hiring Changes Drawn Fire," Dan Eggen, Jan. 12, 2003

Ashcroft Collects Personal Data on College Students, Staff
Attorney General John Ashcroft has requested that U.S. colleges and universities submit personal information about foreign students and employees to the FBI, angering civil liberties activists. In late 2002, the FBI asked colleges to turn over information such as names, addresses, telephone numbers and citizenship information of foreign students and employees, allegedly to help avert terrorist attacks. The Association of American College Registrars and Admissions Officers has advised its members "not to pass on information unless served with a court order," and according to the FBI, compliance is voluntary.
Source: The Independent, "FBI Asks Colleges to Hand Over Files on All Foreigners," Andrew Gumbel, Dec. 26, 2002

Ashcroft Wins Broad Powers to Spy on Citizens
Shortly after a three-judge panel ruled favorably on the Justice Department's plans to broaden its power to wiretap powers and secretly investigate suspects in the United States in November 2002, Attorney General John Ashcroft released a number of new directives to increase the use of secret surveillance. The ruling will make it easier for Justice Department lawyers and investigators to obtain approval to conduct wiretaps and carry out search warrants in the United States by sidestepping stiffer requirements they would face seeking a standard warrant in a criminal court. Civil libertarians expressed concern that the ruling, issued by a panel comprised of judges appointed by Chief Justice William Rehnquist, will give the government free rein "to spy on U.S. citizens with few restrictions and little oversight."
Source: The Washington Post, "Broad U.S. Wiretap Powers Upheld," Dan Eggen, Nov. 19, 2002

Ashcroft Refuses to Identify Detainees
The Justice Department is appealing a ruling ordering the government to release the names of those detained as part of the war against terrorism. According to Deputy Assistant Attorney General Gregory Katsas, the government opposes releasing the names of detainees, as well as the charges against them, on the grounds that it would allow terrorists to cull vital information. According to Kate Martin, the lawyer for one of the 22 groups asking that the government release the detainees' names, "the concept of secret arrests is odious to a democratic society."
Source: The Associated Press, "U.S. Argues for Secret Detentions," Jonathan D. Salant, Nov. 18, 2002

Ethnic/Gender Profiling of Visitors from Muslim Countries Raises Concerns
The Department of Justice issued guidelines in early November 2002 requiring male students, workers and temporary residents from Iran, Iraq, Libya, Sudan and Syria to be fingerprinted and photographed. Muslim and Arab American groups criticized the initiative as "ethnic profiling" that was "drawn out of political convenience" and emphasized that none of the Sept. 11 hijackers came from the countries on the list. Although the program will affect a small segment of the tens of millions of individuals who cross the country's borders each year, the American Immigration Lawyers Association expressed concern that the plan will be a "burden on visitors and yield few positive results."
Source: The Washington Post, Mary Beth Sheridan, "U.S. Wants Prints of Muslim Visitors," Nov. 7, 2002

Ashcroft Can't Bear Bare Statues
Ashcroft was reportedly so disturbed by the insufficiently clad (in his view) torsos of two statues in the Great Hall of the Justice Department building, the Spirit of Justice and her partner, Majesty of Law, that he ordered them covered by blue drapes. Ashcroft is apparently concerned about the fact that photographers often "go to great lengths" to include the Spirit of Justice's bare breast in pictures taken in the Justice Department building.
Source: The Independent, "Cover-up at U.S. Justice Department," Andrew Buncombe, Jan. 29, 2002

Ashcroft's Dragnets Yield Few al Qaeda Links
After the September 11 attacks, Ashcroft oversaw massive dragnets that resulted in the detention of hundreds of people, mostly Arabs or Muslims, who were mostly detained on charges completely unrelated to terrorism. Less than a dozen are believed to have any ties to al Qaeda. The Justice Department refused to release the names of nearly 550 of the 1200 persons who had been detained by November 2001. Law enforcement officials involved in the operation also said they were "skeptical" of Ashcroft's assertion that the detentions were having a "profound impact on interrupting terrorist activity" in the United States.
Source: The New York Times, "Al Qaeda Link Seen In Only a Handful of 1,200 Detainees," David Firestone and Christopher Drew, Nov. 29, 2001

Ashcroft Reluctant to Protect Abortion Providers from Violence
Attorney General John Ashcroft demonstrated a worrisome unwillingness to take actions needed to support women's reproductive rights when he initially declined to enforce the Freedom of Access to Clinic Entrances (FACE) Act during an announced summer 2001 campaign by violent anti-abortion extremists. Ashcroft originally decided not to provide protection to a Kansas clinic operated by Dr. George Tiller, who in 1993 was shot in front of his clinic. Only after three abortion rights groups called a news conference to denounce Ashcroft's decision did the Justice Department reverse itself and announce it would send U.S. Marshals to help protect Tiller and his staff.
Source: People for the American Way, "John Ashcroft's First Year as Attorney General."

Ashcroft's Opinions Show He Is an Anti-Abortion Extremist
John Ashcroft's reluctance as attorney general to protect women in the exercise of their constitutional right to choose abortion is entirely consistent with his extremist views. Prior to landing the job, Ashcroft openly espoused the view that life begins at conception, that any abortion kills a human being, and that all abortions should be banned, even those resulting from rape and incest. At one point Ashcroft even claimed he would try to dismantle the Task Force on Violence Against Health Care Providers, although he backed away from that stance during his confirmation hearings.
Source: People for the American Way, "John Ashcroft's First Year as Attorney General."

Ashcroft's Justice Department Offers Little Support for Affirmative Action
John Ashcroft's Justice Department is systematically undermining affirmative action programs and other efforts to enforce anti-discrimination laws. Early in Ashcroft's tenure, the department offered only tepid support, in a brief to the U.S. Supreme Court, for the rule allowing the U.S. Department of Transportation to operate affirmative action programs. Furthermore, Departing from the Clinton Administration's support for diversity in higher education, Ashcroft's Justice Department chose not to file a brief in a case before the U.S. Sixth Circuit Court of Appeals challenging the University of Michigan Law School's diversity program. Moreover, when the District of Columbia Circuit Court of Appeals struck down the Federal Communications Commission's equal employment opportunity rules—which, according to the Washington Post, represented "the most inoffensive corner of affirmative action," because they only required broadcasters to make an effort to inform women and minorities about job openings and encourage them to apply—Ashcroft's department filed a brief urging the Supreme Court not to review that regressive decision.
Source: People for the American Way, "John Ashcroft's First Year as Attorney General."

Ashcroft Hides Behind Sept. 11 to Trample Civil Liberties
Attorney General John Ashcroft has aggressively used the September 11 tragedy to justify policies that trample civil liberties, the cornerstone of a democratic society, according to People for the American Way. PFAW concluded that Ashcroft's proposed anti-terrorism legislation "aimed to radically broaden the government's wiretapping, surveillance and search-and-seizure authority, as well as its power to detain non-citizen suspects indefinitely while radically shrinking or abolishing meaningful judicial review or oversight of executive branch actions, a key part of our constitutional system of checks and balances."
Source: People for the American Way, "John Ashcroft's First Year as Attorney General."

Ashcroft Holds Bible Study Class in Office, Concerns Civil Libertarians
A Washington Post article revealed that Attorney General John Ashcroft, a fundamentalist Pentecostal Christian, holds a Bible study class with Justice Department staffers in his office. Although Ashcroft's spokesperson insisted that attendance is not compulsory, many Justice Department employees privately expressed concern that not attending the prayer meetings might have repercussions. Employees and civil liberties advocates also expressed concern about the fact that Ashcroft, as the nation's top law enforcement official, is the person entrusted with enforcing the separation of church and state.
Source: The Washington Post, "Ashcroft's Faith Plays Visible Role at Justice," Dan Eggen, May 14, 2001