Ashcroft's plan, disclosed last week but little publicized, would allow him to order the indefinite incarceration of U.S. citizens and summarily strip them of their constitutional rights and access to the courts by declaring them enemy combatants.
This week, the government refused to comply with a federal judge who ordered that he be given the underlying evidence justifying Hamdi's treatment. The Justice Department has insisted that the judge must simply accept its declaration and cannot interfere with the president's absolute authority in "a time of war."
In Padilla's case, Ashcroft initially claimed that the arrest stopped a plan to detonate a radioactive bomb in New York or Washington, D.C. The administration later issued an embarrassing correction that there was no evidence Padilla was on such a mission. What is clear is that Padilla is an American citizen and was arrested in the United States--two facts that should trigger the full application of constitutional rights.
Ashcroft hopes to use his self-made "enemy combatant" stamp for any citizen whom he deems to be part of a wider terrorist conspiracy.
Ashcroft may be the most dangerous person in the world to the US. We have an attorney general that doesn't really believe in the constitution that he is supposed to be upholding.
As a side note, it's people like Ashcroft that make clear that the current administration are not conservatives, but reactionaries. They are not trying to conserve our constitution or our American way but blindly reacting to what they consider threats.
Jay