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Ear to the Ground

Legal Troubles Might Lie in Wait for Ashcroft

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Posted on Sep 4, 2009
Ashcroft
AP / John Russell

In hot water now?: Former U.S. Attorney General John Ashcroft talks about the Patriot Act as he answers questions from the media before giving a lecture at Vanderbilt University in Nashville, Tenn., in 2006.

Did then-Attorney General John Ashcroft violate the Constitution in his handling of certain national security investigations shortly after the 9/11 terrorist attacks? According to the Los Angeles Times, a three-judge panel of the U.S. 9th Circuit Court of Appeals has reason to believe that he did, and thus Ashcroft can be sued for prosecutorial abuses even this long after the fact, the paper reported Saturday.  —KA

Los Angeles Times:

Then-Atty. Gen. John Ashcroft violated the rights of U.S. citizens in the fevered wake of the Sept. 11 terrorist attacks by ordering arrests on material witness warrants when the government lacked probable cause, a federal appeals court said in a scathing opinion Friday.

In a ruling that said Ashcroft could be sued for prosecutorial abuses, a three-judge panel of the U.S. 9th Circuit Court of Appeals denied the former attorney general immunity from liability for how he used the material witness warrants in national security investigations.

Members of the panel, all appointees of Republican presidents, characterized Ashcroft’s detention policy as “repugnant to the Constitution, and a painful reminder of some of the most ignominious chapters of our national history.”

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By berniem, September 9, 2009 at 3:21 pm Link to this comment

Ashcroft,Gonzales,Bush,et.al,ad nauseum. How do these people get to power? Wake up America! The buffoons we elect aren’t even preselected by us. They’re hand-picked servants of the corporatists & plutocrats who actually run things and crave nothing more than fulfillment of their materialistic and narcissistic greed. The media keeps these primaries in our faces at the expense of more reasoned voices because the media itself is owned by the same cabal as the subjects of their coverage. So the circle remains unbroken and the intellectually challenged, complacent American gets his daily does of “Right” thinking.

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By bogi666, September 8, 2009 at 2:32 am Link to this comment

msgmi, Asscroft thought his desire for an sexual desire for inanimate, inorganic objects as normal. I sure wouldn’t let him around livestock or little children. AT least he took Tommy Chong off the streets for wanting to sell a pipe by using the internet. I felt so safe when he was in jail and shuddered at his release and the danger he wold bring to society. Asscroft should have quit fantasizing and wacking off to the Stature and devoting resources to go after Tommy and paid attention to terrorism, or maybe that was the plan, not to.

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By Mike Havenar, September 6, 2009 at 7:36 pm Link to this comment
(Unregistered commenter)

Never too late, and not a minute too soon. Put the meanest Attorney General since John Mitchell (who went to prison) behind bars where he belongs. We need to jail the higher-ups who violate the Constitution—or what good is the Constitution? A lesson for other Attorneys General and a warning.

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By joescannura, September 6, 2009 at 7:10 pm Link to this comment

nothing will ever happen cause the media will smear the judges as liberal activists and destroy them.

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By PatrickHenry, September 6, 2009 at 4:24 pm Link to this comment

By Paracelsus, September 6 at 7:04 pm #

It would restore my faith in justice.

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By Paracelsus, September 6, 2009 at 4:04 pm Link to this comment

A lawsuit against Ashcroft would be good if only to push Ashcroft to pointing fingers at the abuses of this government in defense of his own worthless hide. Would it be hoping for too much for the whole tissue of lies exposed to include the inside job of 9-11?

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By Rodger Lemonde, September 6, 2009 at 8:31 am Link to this comment

I get these images one of an eagle soaring off into the
wild blue dragging Ashcroft in his claws. Another is
Ashcroft in court in his orange jump suit while justice
moons him.
Irrelevant but amusing thoughts.

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By msgmi, September 6, 2009 at 8:26 am Link to this comment
(Unregistered commenter)

When former AG John Ashcroft took over the DOJ, one of his first peiorities was to cloth the the statues of justice whose semi-nudity seemed repulsive to him. That act speaks volumes about his personna.

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By Inherit The Wind, September 6, 2009 at 6:31 am Link to this comment

I almost feel sorry for John Ashcroft.  Almost.
After all, he became the whipping boy and lightning rod for all the early criticism of the Bush regime, which we now know should have fallen far more heavily on others as well, like Gonzales.

Let’s not forget this one moment of grace for Mr. Ashcroft:

**********************************************
It is one of the darkly iconic scenes of the Bush Administration. In March 2004, two of the president’s most senior advisers rushed to a Washington hospital room where they confronted a bedridden John Ashcroft. White House chief of staff Andy Card and counsel Alberto Gonzales pressured the attorney general to renew a massive domestic-spying program that would lapse in a matter of days. But others hurried to the hospital room, too. Ashcroft’s deputy, James Comey, later joined by FBI Director Robert Mueller, stood over Ashcroft’s bed to make sure the White House aides didn’t coax their drugged and bleary colleague into signing something unwittingly. The attorney general, sick and pain-racked from a rare pancreatic disease, rose up from his bed, gathering what little strength he had, and firmly told the president’s emissaries that he would not sign their papers.
***************************************************

Still, Ashcroft was a miserable AG, and actually cut ALL anti-terrorism funding to zero on, get this, September 10, 2001—yup, the day before 9-11!

I wonder how much of Ashcroft’s being is that mainly of a chump.

As I said, I ALMOST feel sorry for him, but not quite.

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By zack, September 6, 2009 at 5:53 am Link to this comment
(Unregistered commenter)

Ashcroft must be held accountable, just like the rest of the Bush mafia. I do have some sympathy for Ashcroft, in that he stood up to Bush and Cheney and refused to permit warrantless wiretapping.

http://www.talkleft.com/story/2006/01/01/197/88070

So too must we hold the Obama administration responsible for its continuation of the Bush policies, and thereby its violations of the Constitution.

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By Ouroborus, September 6, 2009 at 3:38 am Link to this comment

50 years ago, when I was 14 I wrote a paper for no
reason other than a statement of reality. In that
paper I wrote a narrative of the violent and
aggressive history of western Europeans starting with
the crusades, Africa, and then the violent conquest
of the North, Central, and South American continents;
including especially our own crimes in settling this
“vast empty continent”, isn’t that what one was
taught, those many yeas ago? A friend of the family
was a writer and had a 5 minute radio spot sponsored
by PG&E in which he spoke on various eclectic
subjects. Wanting some feedback I took my paper to
him for a critique. What I got was an angry diatribe
and who the hell was I to speak about America like
that? I think that’s when I stopped drinking the
kool-aide; I knew he was wrong; but I was crushed by
what he said and it took awhile to recover my
confidence. He was after all a radio personality of
some note.
Well, here we are, still drinking the kool-aide.
Whatever makes one think anything will/has change/d?
Where’s the evidence? Crumbs are thrown and gobbled
up. Lies are told and believed. Officials say one
thing to get elected and DO the opposite after they
get in office. Inquiries/investigations are talked
about and committee’d up. It defies one’s
understanding why it’s so difficult for people to
take off the blinders and see things for what they
really are. One looks around and sees a nation
destroyed and the people directly, DIRECTLY
responsible, getting off scott free. Many felonies
have been and continue to be committed and all one
does is post and bitch and moan and feel impotent and
bitch and moan some more, but on a different site
about a different subject. Ashcroft may be sued, but
I wouldn’t count on even that. We’re a nation of
junkies who have mistaken posting for action. Hope is
fine and can be inspiring; but hope can be futile and
stupid; and an excuse to do nothing. One must know
the difference. Well, that’s my 2 cents worth from
under the coconut shell.

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By PatrickHenry, September 5, 2009 at 12:39 pm Link to this comment

Good! I hope he is the first of many prosecutions.

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By TAO Walker, September 5, 2009 at 12:06 pm Link to this comment

It’d be good if probably well-meaning people here would quit referring to us survivors of the Turtle Island holocaust (still “in-progress,” by-the-way) and our ancestors as “americans”....of any kind. This CONvenient CONceit serves nobody’s purposes but the rapists’ and pillagers’.

Native Nations here have taken-on the protective coloration necessary to ameliorate and deter some of the most vicious abuses perpetrated upon us by theamericanpeople and their criminal institutions.  It is unwise, however, to mistake our camouflage for our true and essential Human Nature….which is permanently grounded in the Living Arrangement of our Mother Earth within the never-ending Song ‘n’ Dance of Life Herownself.

Our tormentors’ captive tools, our tame Sisters and Brothers, could enjoy the same wonderful freedom of belonging….if only they would shed their fake “individual” IDentities,  stop aiding-and-abetting their gangster exploiters, recover the Natural Organic Form of Humanity (along with the integrity of its function), and remember themselves as Human Beings.  Otherwise, things look pretty grim for them, with currently deteriorating CONditions dead-certain to get worse.

Homo domesticus was bred to be expendable. In The Tiyoshpaye Way of us surviving free wild Turtle Island Natives, of every ‘Kind,’ those with the courage can find the EXIT from this death-dealing and dead-end CONtraption.

HokaHey!

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By CaptRon, September 5, 2009 at 10:51 am Link to this comment

——-LET THE EAGLE S-O-A-R-R-R-R-———-If you mess with the eagle expect what comes when you stand beneath the law, it can get messy.

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By bogi666, September 5, 2009 at 10:07 am Link to this comment

teadrinker, great remarks and the fact that our pretend christian nation self proclamation insults God with its self professed purity which disguises genocide of the indigenous Americans and justifies slavery in the Constitution as being the law of the land. Their is no mystery. The indigenous Americans were granted citizenship in 1923 probably when the U.S. government realized that complete extermination wasn’t going to be possible although not for lack of trying with the complicity of the Canadian government which also wanted complete extermination as well, as least according to their actions. As for the legacy of slavery, well at least they had Constitutional recognition as being 60% of a person. Compared to the indigenous Americans slaves were better off. The indigenous Americans were enslaved and in California 250,000 were murdered and a like number enslaved because they were heathens according to the christians.

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By MackTn, September 5, 2009 at 10:06 am Link to this comment
(Unregistered commenter)

There’s no surprise in this story with regards to Ashcroft’s culpability and its connection to the Bush/Cheney Agenda.  He’s one among so many and so many who are much worse so that prosecuting him alone would be too much like scapegoating. 

These actions led to outcomes of the worst sort—they created clearcut paths into our privacy, into democracy that are available to the worst intentioned.  Do you think what’s been done for 8 years can be undone, especially if Obama is reluctant to look back?  The war on terror focuses also on ourselves.

But Obama may not be as reluctant as he professes.  Holder’s aggressive inquiries reflect another view and since now that his office has become depoliticized….

Obama needs to go for it.  If he thinks, and I don’t believe he does, he can enjoy a typical presidential rein, well, he would be naive.  Like Lincoln, he will preside over domestic warring factions and he will need leaders in the Congress like no other recent president.

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By ChaoticGood, September 5, 2009 at 9:48 am Link to this comment

Ashcroft is one of the few politicians to lose a political contest to a dead man.  Since the voters of Missouri would have nothing to do with him, he was promoted to Attorney General of the USA.  I am really surprised that he was not given the “Medal of Freedom” by Bush.  He certainly had all the prerequisites for a medal, born-again, hipocrasy, piety, bigotry and greed.  Bush basics with easy acceptance of torture thrown it for good measure.

He will never be prosecuted because he would tell where the “skeletons” are buried and implicate the Bush crime family.

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By SHRED, September 5, 2009 at 8:18 am Link to this comment
(Unregistered commenter)

Yeah…sure…how many times have we heard that “Bush officials to face legal…blah…blah…blah.”

Nothing will come of this.
Same good old boy corporate network running the “show”.

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By Jim Yell, September 5, 2009 at 7:58 am Link to this comment
(Unregistered commenter)

Ashcroft probably deserves to be held accountable for his violations of the law, but he was certainly not the worse of the Bush/Cheney Presidency. The most offensive thing he did was to allow his quaint embarressment of nude statues to lead to spending tax payer money to screen them from view. This apparently because they were seen in the background of his news conferences. Well I can tell you those were probably the most asexual statues ever made, modern art deco decoration. We might get him for being immature and silly at our expense.

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By coloradokarl, September 5, 2009 at 5:41 am Link to this comment

Look no farther than the Quest communications/Joe Nachio debacle and see The True Bush-NeoCon machine in action. Promises of big government contracts that are pulled back when Nachio and his crew refuse to illegally wire tap honest Americans. Nachio’s promises look like lies as he covers for the right wing insanity of Homeland “security” and they throw him in the slammer for misleading investors. Maybe Joe should get the Medal of Freedom…....

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By ardee, September 5, 2009 at 5:18 am Link to this comment

“The court made it very clear today that . . . Ashcroft’s use of the federal material witness law circumvented the Constitution,” said Lee Gelernt, the American Civil Liberties Union lawyer who argued Kidd’s case. “Regardless of your rank or title, you can’t escape liability if you personally created and oversaw a policy that deliberately violates the law.”

The judges, alluding to the George W. Bush administration, said that although “some confidently assert that the government has the power to arrest and detain” suspects without evidence of wrongdoing, the panel considered such preemptive detentions “an engine of political tyranny.”

Two statements that are a basis for further prosecutions of administration figures. There is an old saw that notes; ‘the wheels of justice grind exceedingly slow but exceedingly fine’. I know there are many who despair of our legal system delivering justice and restoring our national honor, I am not yet one.

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By teadrinker, September 5, 2009 at 4:13 am Link to this comment

In a dictatorship, the principal of controlling information flow, and the intellectuals, is the way to control the masses. What differentiates the our country as being Democratic?

One important factor that should be included in what I previously wrote is that most forms Media that communicate news are corporations and information is controlled, via the Investors/Boards of Directors and our NSA/CIA/Military (public servants?) have a direct line of influence as to what slant to give an idea. Freedom of expression reached its lowest point during the Bush admin, when, for example, some university professors publicly expressed an opinion that ran against conservative thinking, and they lost their positions or were forced out by conservative elements in their respective universities.

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By teadrinker, September 5, 2009 at 3:36 am Link to this comment

So far our legal system appears to be all set up for public consumption. Our tax payer monies are spent for this court (reality show) or the Supreme Court Reality Show, an appeal here and there etc. In the end there’s never a real prosecution of the actual person, John Ashcroft. There might be a government settlement, but this is not the straight forward justice we expect. If A does this, then A should suffer the consequences of his actions. If B, C, and D helped him carry out his crime, then they should also be prosecuted. Clear and straight forward. However, the new reality is, conversations are done behind closed doors and an eventual outcome is predetermined between complicit parties. A strategy is worked out for damage control with the public and journalists write predetermined articles based on their anonymous sources. The lines have become blurred between our Court System, Industry, Congress, Intel and Military; their qualities have become indistinguishable. This strong linkage spells the real end of our Republic, which had it’s roots in our first violation of the rule of law; namely, our Republic broke all the treaties with the Indian Nation. This general [illegal] precedent set the stage for the next violation, the slave trade. How can something that started out bad,end up good? This twisted interpretation, Manifest Destiny, we’re a Christian Nation idea was a disgrace and has just become more intensified to date.

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