More mainstays of the Republican establishment announced their endorsement of Mitt Romney over the weekend. However, it’s not just the current faces of the party like House Majority Leader Eric Cantor and Senator Tom Coburn who have tipped their hats; Romney is also registering the support of ghosts of GOP past: Bush Administration attorney general John Ashcroft.
Romney is apparently trying to court as many extremists to his campaign as possible – the addition of Ashcroft dovetails closely with the fringe views of his legal adviser, the rejected Supreme Court nominee Robert Bork.
As attorney general, Ashcroft oversaw a relentless assault on Americans’ civil liberties. He approved warrantless wiretapping, secret military tribunals, racial profiling, aggressively implemented the PATRIOT Act, and created the “enemy combatant” status in an attempt to justify ignoring the Constitution in order to indefinitely detain terrorism suspects without charges.
Many of Ashcroft’s longstanding views still sit squarely with current GOP priorities:
Ashcroft’s own words perfectly sum up his policy positions:
“There are voices in the Republican Party today who preach pragmatism, who champion conciliation, who counsel compromise. I stand here today to reject those deceptions. If ever there was a time to unfurl the banner of unabashed conservatism, it is now.” --April 10, 1998
If Mitt Romney shares Ashcroft’s extremist sentiments, he will be unable to unite the country should he win the nomination. Ashcroft’s open hostility to the Bill of Rights has no place in this campaign.
However, singing lessons are always welcome.
The full video is here.
Yesterday, the Supreme Court ruled unanimously (with Justice Kagan recused) that former Attorney General John Ashcroft cannot be personally sued for alleged abuse of material-witness arrests in the days after the 9/11 attacks. In the weeks and months after 9/11, innocent people were being rounded up by the federal government with little to no evidence against them through abuse of the Material Witness Statute. However, the Justices agreed that what Ashcroft did was not in violation of "clearly established law" at the time, so he cannot be personally sued for money damages.
But that unanimity hides a deep divide on other issues. Justice Ginsburg's concurrence reminds us of the lawless nature of the Bush Administration. She asks:
what even arguably legitimate basis could there be for the harsh custodial conditions to which al-Kidd was subjected: Ostensibly held only to secure his testimony, al-Kidd was confined in three different detention centers during his 16 days' incarceration, kept in high-security cells lit 24 hours a day, strip searched and subjected to body-cavity inspections on more than one occasion, and handcuffed and shackled about his wrists, legs, and waist.
[His] ordeal is a grim reminder of the need to install safeguards against disrespect for human dignity, constraints that will control officialdom even in perilous times.
Americans should never forget the many ways that the Bush Administration violated basic American constitutional principles and the rule of law. After 9/11, People For the American Way Foundation led the nation in exposing and condemning the Ashcroft Justice Department's multifaceted threats to liberty.
Perhaps if the threats had been against Big Business's bottom line, today's corporate-funded Tea Partiers would have joined us in protecting the Constitution. Their silence then makes shameful their current efforts to appropriate the Constitution as uniquely theirs.
The Supreme Court today agreed to decide if former Attorney General John Ashcroft can be personally sued for alleged abuse of his authority in the days after 9/11 attacks. According to Bloomberg News:
The U.S. Supreme Court will consider reinforcing the legal immunity of top government officials, agreeing to decide whether a man can sue former Attorney General John Ashcroft after being detained without charge for 16 days.
The justices will review a ruling that allowed a suit filed by Abdullah al-Kidd, a Muslim U.S. citizen who was arrested in 2003 and held as a material witness in a terrorism probe. Al- Kidd says the government classified him as a material witness because it lacked enough evidence to hold him as a suspect.
A panel of the Ninth Circuit held that Ashcroft was not immune from being sued personally for the illegal abuse of authority that was the subject of al-Kidd’s claim. Ashcroft, with the support of the Obama Administration, asked the Supreme Court to reverse this decision and not allow the lawsuit to go forward. In his brief urging the Supreme Court not to hear Ashcroft’s appeal, al-Kidd claims that:
The impetus for arresting [him and other] individuals was not to secure their testimony for a criminal proceeding. Rather, these were individuals whom the government viewed as suspects and wished to detain and investigate. But because the government lacked probable cause to arrest these individuals on criminal charges, it had them arrested as material witnesses, thereby circumventing the Fourth Amendment’s traditional probable cause standard and distorting the basic purpose of the material witness statute.
The Court will likely hear arguments in the case next year and issue an opinion by summer. Justice Kagan has recused herself.
This case is a reminder that in the weeks and months after 9/11, innocent people were being rounded up by the federal government with little to no evidence against them. With Bush’s popularity at its height and few willing to oppose him and his administration publicly, People For the American Way Foundation led the nation in exposing and condemning the Ashcroft Justice Department’s multifaceted threats to liberty.
It will be interesting to see if all of those Tea Partiers who claim to oppose big government encroaching on individual liberties will take a stand against the excesses of the Bush years - and explain why they were silent at the time.