Wednesday, November 17, 2004

Ashcroft: Judges are aiding and abetting terrorists

That's pretty much the content of a speech the outgoing AG gave last week to the Federalist Society -- federal judges who dare to constrain the president in how he and his administration "fight the war on terror" are traitors.

The speech has been largely ignored by both the left and the right for reasons I can't quite understand. As Phil Carter suggests, it provides a chilling look into the attitude of the Bush administration towards the other branches' constitutionally mandated duties.

This is the most explicit statement to date of the Bush administration's intentions, and this speech should find a place in every legal scholar's file as a clear expression of the administration's real values when it comes to balancing liberty with security.

When scholars sit down in 10 or 20 years to write the legal history of America's war on terrorism, I imagine this speech will find a very prominent place in their work. The AG makes it very clear: In this fight, you're either with us or against us. There's no room for dissent, and no room for the loyal opposition. Whether you're a federal judge, a civil rights lawyer, or an enemy combatant, you all have the same moral status in John Ashcroft's book. And if you're against us, be afraid — be very afraid.

The speech was wildly applauded by the Federalist Society attendees. By the way, George Bush relies on said Society to recommend the judges he then sends to the Senate for confirmation.

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