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PSYART  November 2001, Week 4

PSYART November 2001, Week 4

Subject:

FW: [WCD] Rule of law, or rule of Ashcroft? (fwd)

From:

Norman Holland <[log in to unmask]>

Reply-To:

Institute for Psychological Study of the Arts <[log in to unmask]>

Date:

Thu, 22 Nov 2001 14:26:52 -0500

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (109 lines)

From:
       "Jane K. Holland" <[log in to unmask]>

Wed 3:01 PM




http://www.startribune.com/stories/562/835123.html

Rule of law, or rule of Ashcroft?
Robyn Blumner


Published Nov 20 2001

"Coy" is the best way to describe Attorney General John Ashcroft's
performance at his Senate confirmation hearing in January.

The former one-term senator from Missouri, whose religion forbids him from
smoking, drinking or dancing, arabesqued around his record as an opponent of
school desegregation, an avowed gay-basher, a staunch opponent of abortion
rights, and someone who has so little respect for the U.S. Supreme Court
that
he called the more liberal members and one middle-of-the-roader "five
ruffians in robes."

For those senators on the Judiciary Committee who were skeptical of his
asserted metamorphosis, Ashcroft promised -- not promised, swore -- that he
would not allow his personal beliefs to interfere with the objective
enforcement of the law.

"I pledge to you that strict enforcement of the rule of law will be the
cornerstone of justice," Ashcroft told the committee. "As a man of faith, I
take my word and my integrity seriously. So when I swear to uphold the law,
I
will keep my oath, so help me God."

But what Ashcroft failed to mention was the asterisk in his head -- that to
a
great extent the attorney general decides what the rule of law is and how it
is interpreted. As Patrick Leahy, Democratic chairman of the Senate
Judiciary
Committee, said in opposing Ashcroft for the post: "While the Supreme Court
has the last word in what our law means, the attorney general, more
importantly, has the first word."

Or, as Ashcroft might think of it: the word.

Take, for instance, Ashcroft's recent decision to interfere with Oregon's
doctor-assisted suicide law -- a voter-passed initiative that allows
terminally ill patients who are fully mentally competent to have a doctor
prescribe medicine that allows them to choose a death with dignity. Until he
was stopped by court injunction, Ashcroft had threatened any doctor who
assists patients in this way with the revocation of prescription-writing
privileges.

It's funny. Before becoming attorney general, Ashcroft made the federal
government's intrusion into "state's rights" a frequent target of attack.
After the Supreme Court struck down an initiative passed by Arkansas voters
to impose term limits for congressional seats, Ashcroft said the justices
"stole the right of self-determination from the people." But the long reach
of the federal government didn't bother him a whit when the power was in his
hands and he could use it to further a religious conservative agenda.

Could there also be a connection between Ashcroft's legendary anti-abortion
activism and his wholesale disinterest in the hundreds of anthrax threat
letters (so far all hoaxes) received by abortion clinics and Planned
Parenthood offices since Sept. 11? Despite requests by these groups for a
personal meeting or a public statement expressing concern for
abortion-clinic
workers, Ashcroft has offered neither -- a quintessential deafening silence.

And where is Ashcroft's "so help me God" commitment to the rule of law for
the 1,200 or so people the Justice Department has detained since the World
Trade Center and Pentagon attacks? Those people have disappeared into a
justice system that is refusing to account for them. Last month, seven
members of Congress sent Ashcroft a letter asking basic questions of
constitutional import, such as the names of the people being held and the
charges against them. But even after a follow-up letter, Ashcroft has not
furnished any answers.

His rule of law must include not being accountable to Congress.

Now comes the announcement of FBI sweeps. Ashcroft has ordered the
questioning of 5,000 immigrant men between the ages of 18 and 33 from Middle
Eastern nations -- men from places where the idea of being interrogated by
police is terrorizing.

During the confirmation hearing, Ashcroft claimed to be appalled by the
specter of racial profiling. "No American should fear being stopped by
police
just because of skin color," he declared.

Now we know that the rest of the thought was: "but if you're brown and from
another country, start shaking."

It is actually hard to keep up with the almost daily constitutional
transgressions that are passing as policy in the Justice Department. One day
a summary rule is announced that the attorney general, at his sole
discretion, will allow the monitoring of certain attorney-client
conversations -- trouncing the Sixth Amendment's guarantees of a right to
counsel. The next, the department renews efforts to jail immigrants on
secret
evidence.

The rule of law has become the rule of Ashcroft. And the Justice Department
is a misnomer once again.
-

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