Understanding Ashcroft

By David Cole

This article appeared in the May 6, 2002 edition of The Nation.

April 18, 2002

I am beginning to suspect that Nation readers may not fully appreciate the challenges Attorney General John Ashcroft faces. What would you do in his place? Your intelligence agencies had no advance knowledge of the September 11 plot and don't appear to know much more about future attackers. Airport security screeners are letting test bombs and guns pass at alarming rates, and your immigration agency is so hapless that it issued visa extensions to two of the hijackers six months after they died flying planes into the World Trade Center towers. When you consider the threat from their side and the incompetence on ours, it's understandable that Ashcroft has cast his net so wide. He's shooting in the dark. In fact, the expanse of his net is probably inversely proportional to the depth of the intelligence he has received.

But just as with the terrorists themselves, understanding Ashcroft's motives does not justify his actions. To date, despite the thousands of Arab and Muslim immigrants arrested, searched, profiled and questioned, Ashcroft has charged only a single person--Zaccarias Moussaoui--with any involvement in the attacks of September 11. And he was arrested before the attacks occurred. Such broad-brush tactics are unlikely to succeed, for they give notice to potential targets, allowing them to evade detection while alienating the very communities we must work with to identify potential threats who may be living among them.

Ashcroft has shown no signs of getting closer to his target. And the less he finds, the wider he sweeps. He recently announced that he was extending to 3,000 more people his much-criticized initiative to subject male immigrants from Arab countries to "voluntary" interviews, despite the fact that the initial interviews have led to no further charges in the investigation. And having learned how easy it is to use immigration law as a pretext for criminal law enforcement when you lack probable cause, the Justice Department is now preparing to enlist local police officers to help enforce immigration law, a disastrous proposal likely to drive immigrant communities even deeper underground.

Subscriber Login

4 ISSUES FREE

Subscribe Now!

The only way to read this article and the full contents of each week's issue of The Nation online is by subscribing to the magazine. Subscribe now and read this article -- and every article published since for the past five years -- right now.

There's no obligation -- try The Nation for four weeks free.

.

About David Cole

David Cole (cole@law.georgetown.edu), The Nation's legal affairs correspondent and a professor at Georgetown University Law Center, is the author of Justice at War: The Men and Ideas That Shaped America's War on Terror, just out from New York Review Books, as well as No Equal Justice: Race and Class in the American Criminal Justice System (New Press) and Enemy Aliens: Double Standards and Constitutional Freedoms in the War on Terrorism (New Press). He is also co-author, with James X. Dempsey, of Terrorism and the Constitution: Sacrificing Civil Liberties for National Security (New Press), and, with Jules Lobel, of Less Safe, Less Free: Why America Is Losing the War on Terror (New Press). more...
Most Read

Issues »

Most Emailed

Issues »

Popular Topics

Blogs

» State of Change

UN Pick Rice: Another Wrong-on-Iraq Nominee | She fell for Colin Powell's WMD fantasies, and ridiculed those who did not.
John Nichols
Posted at 10:52 PM ET

» The Notion

DC to Delhi: Only Our Missiles -- Not Yours | What is Rice going to say to India: only DC not Delhi is allowed to bomb Pakistan?
Laura Flanders
Posted at 9:29 PM ET

» Act Now!

World AIDS Day | How to help in the fight against the AIDS pandemic.
Peter Rothberg

» The Beat

Why Obama's Got "Complete Confidence" In Clinton | She won't bring the change his backers believed in. But Obama never really shared that belief.
John Nichols

» Editor's Cut

Robert Gates: Wrong Man for the Job | What we need after eight ruinous years is experience informed by good judgment.
Katrina vanden Heuvel

» The Dreyfuss Report

Obama's New Team at State, Defense, NSC | And some comments about why John Brennan didn't get the CIA job.
Robert Dreyfuss

» Passing Through

Forget GM's Plan -- Where's The Government's Plan? | Create a demand for green cars.
Jane Hamsher

» Capitolism

Is Personnel Policy? | How much do personnel choices reflect the Obama administration's policy direction
Christopher Hayes

» And Another Thing

Election Updates --Good News and Not | Details on some ongoing stories
Katha Pollitt