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The New War on Ashcroft (Patrick Leahy's latest strategy)
National Review ^ | 11/28/01 | Byron York

Posted on 11/28/2001 7:14:14 AM PST by truthandlife

Today Senate Judiciary Committee chairman Patrick Leahy begins an intensive series of hearings designed to examine military tribunals, detention of suspects and witnesses, and other aspects of the Bush Justice Department's response to terrorism. But Republicans believe the hearings have a secondary purpose as well: to renew the attacks on Attorney General John Ashcroft that began during his confirmation hearings ten months ago.

Today's session, titled "Department of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism," ran into trouble even before it began. Although Leahy proposed to probe Justice Department policies, he did not schedule anyone from the Justice Department to testify. Last week, Assistant Attorney General Daniel Bryant wrote a letter to Leahy saying, "Given that the stated subject of the November 28 hearing is Department of Justice oversight, it is appropriate that a representative of the Justice Department be present as a witness." Bryant suggested criminal-division head Michael Chertoff, who, Bryant dryly added, "would be an excellent witness on issues related to Justice Department actions since September 11." Leahy added Chertoff to the list at virtually the last minute.

Leahy had originally made several requests for Ashcroft to testify. After putting the chairman off, the attorney general is scheduled to appear before the committee next week. Although his testimony will undoubtedly draw an enormous amount of press coverage, it will be just one of many committee sessions in coming weeks. Democrats have scheduled full committee hearings and subcommittee hearings on the war on terrorism at the rate of one, and sometimes two, sessions a day.

Although most Republican lawmakers approve of Bush administration policies, they also believe the Justice Department's actions in the war on terrorism are a legitimate area for congressional oversight. However, the sheer number of hearings, plus the involvement of a coalition of liberal interest groups that attacked Ashcroft at his confirmation hearings early this year, suggests, at least to the GOP, that Democrats are also interested in inflicting political damage on the attorney general.

The leader of one of those interest groups, Ralph Neas of People for the American Way, recently called Ashcroft "the most dangerous threat to civil liberties in the federal government," and accused the attorney general of waging a "relentless assault on constitutional rights and civil liberties." A report released this month by Neas's group says the Justice Department's antiterrorism policies "vindicate many of the fears expressed by civil rights and civil liberties organizations when John Ashcroft was first nominated for the position of U.S. attorney general. In fact, many of those fears had been vindicated even before September 11."

Republicans believe Leahy and other Democrats have chosen to concentrate their fire on Ashcroft as a way of scoring points against the Bush administration without appearing to attack the president, who enjoys high job approval ratings. For example, Republicans point out that the issue of military tribunals was a Bush executive order that will be carried out by the Defense Department. Why not go after the White House instead of focusing on Ashcroft? While that might be the more direct approach, at the moment even Neas seems inclined to exempt Bush from criticism. "The sense I get is that the president has focused primarily on what's going on overseas and has delegated what's going on domestically to the attorney general," he says.

Finally, some in the GOP believe another name for the flurry of Judiciary Committee activity might be "What We're Doing Instead Of Confirming Judges." There has been little if any progress on the issue of judges since the failure of a GOP plan to block appropriations bills as a way of forcing Democrats to consider more of the president's judicial nominations. Now, with no pressure to act, Leahy is virtually ignoring the issue. Will Republicans renew a push for more confirmations before the end of the year? "There's no point in it," says one frustrated aide.


TOPICS: Front Page News; Government; News/Current Events
KEYWORDS:

1 posted on 11/28/2001 7:14:14 AM PST by truthandlife
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To: truthandlife
CSPAN2 aired the hearing until about 10:20. Chertoff was holding his own, able to answer most questions, and a couple from Specter need a little review and he will get back to them, such as does the either the WH or DoJ draft include insured counsel available to detainees.

Sen Hatch threw in a ringer when he told that Leahy suggested military tribunals during the discussions of the anti-terrorist bill. Can't give exact site, but I did hear it. Leahy had no comment, as one would expect him to interrupt if untrue.

2 posted on 11/28/2001 7:22:32 AM PST by katze
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To: katze
"Can't give exact *cite*"
3 posted on 11/28/2001 7:24:02 AM PST by katze
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To: truthandlife
.............another name for the flurry of Judiciary Committee activity might be "What We're Doing Instead Of Confirming Judges."

Grrrrrrrrrrrrrrrrrrrrrrrrrr.............{sound of gnashing of teeth}

4 posted on 11/28/2001 7:24:53 AM PST by DoctorMichael
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To: katze
"Sen Hatch threw in a ringer when he told that Leahy suggested military tribunals during the discussions of the anti-terrorist bill."

Nice job by your staff, Senator Hatch. I think you have found the talking point of the day...

5 posted on 11/28/2001 7:25:52 AM PST by eureka!
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To: truthandlife
Wasn't Senator Leahy a former card-carrying communist?
6 posted on 11/28/2001 7:31:11 AM PST by ZULU
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To: eureka!
You bet, but no doubt will be downplayed. I'm anxious for the hearing to be replayed (assuming it will), to hear Sens Kyl and Sessions and their candid comments.
7 posted on 11/28/2001 7:45:45 AM PST by katze
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To: katze
"but no doubt will be downplayed"

By the presstitutes for sure. Can't let the facts or truth cloud the agenda, ya know....

8 posted on 11/28/2001 7:54:03 AM PST by eureka!
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To: DoctorMichael
Isn't there a Congressional recess coming up? As in "recess appointment".
9 posted on 11/28/2001 7:54:31 AM PST by anothergrunt
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To: anothergrunt
Isn't there a Congressional recess coming up? As in "recess appointment".

I believe that Bush has already said that he will not use recess appointments to put judges on the bench. I don't know why he unilaterally disarmed himself on this issue.

Leahy's stalls on these judges are absolutely unconscionable.

10 posted on 11/28/2001 7:59:44 AM PST by the bottle let me down
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To: the bottle let me down; anothergrunt
Had not heard Bush refuses to do. Since he is not only an honorable man himself, but selects honorable appointees, and has no need to sneak and sleaze anound. OTOH, Bill Lann Lee is one good reason the Dems would have no reason to open their mouths.

I'm curious to see who Bush picks for Surgeon General, and am hoping for Dr Bernadine Healy--she is a very good candidate, and her only "crime" was avoiding telling the public about the underhanded dealings of the Red Cross.

11 posted on 11/28/2001 8:30:01 AM PST by katze
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To: truthandlife
This could really backfire on Leahy. If more Americans die in attacks (domestic or abroad) or in Afghanistan, the Dems would be heavily exposed on the contrast of Americans dying and the Dems seeming to be more interested in the rights of foreigners accused of crimes.

Look for eventually some Dems and liberal politicos to start saying that the death count in NYC is not *that* high and maybe we are overreacting. That would be horrific, but I believe very possible.

12 posted on 11/28/2001 8:45:50 AM PST by Fury
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To: katze
Just heard CSPAN2 to resume coverage at 2:15 EST.
13 posted on 11/28/2001 9:33:50 AM PST by madfly
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To: madfly
Wouldn't it be nice if, just once, the Republicans would play a little hard ball?

How about, for example, announcing a major criminal investigation into the vote fraud that occurred in the 2000 election. Start with the late polls and phony registrations in Missouri. Then, every time the Rats stall something, expand the probe.

This could even get to be fun. Imagine announcing the indictments of prominent Rats on a regular basis. Also imagine an extensive PR campaign in South Dakota and places with conservative Rat senators detailing the obstruction going on in the Senate. (Cue the announcer: historically, the senate has confirmed 88% of a president's judicial nominees in the first year of his term. Under Tom Daschle and the Democrats, only 28% of Bush's nominess have been granted hearings. Is this the way you think the senate should be run?

14 posted on 11/28/2001 11:26:42 AM PST by studly hungwell
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To: Miss Marple
More on the "game"....
15 posted on 11/29/2001 5:34:19 AM PST by anniegetyourgun
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To: truthandlife
Bush and Ashcroft can win this easily be repeating three points:

  1. The men and women in the service who put their lives on the line fighting terrorists are subject to military courts, not civilian ones.
  2. No American citizen is affected by this order.
  3. Greedy lawyers want civilian trials for the terrorists because of the publicity and money they will make.

16 posted on 11/29/2001 5:41:02 AM PST by LarryLied
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