Navarrette: Truth Is Out About
Detainees; Ashcroft Should Step Down
By Ruben Navarrette Jr. THE
DALLAS MORNING NEWS
DALLAS -- From my
e-mail, I gather that many of my correspondents believe
that illegal immigrants -- by virtue of being illegal --
have no rights, no protections, and no cause to complain
when they are mistreated. And that this is true under
the best of circumstances. When there is the possibility
that the immigrants can be linked to terrorism -- or
when they at least come from countries known to produce
terrorists -- well, all bets are off.
If this sounds OK with you, there
could be a career waiting for you at the Justice
Department. Over there, the motto seems to be: "Just do
it. Justify it later. And if later comes, and what you
did can't be justified, deny, deny, deny.''
You needn't go that far. In this
-- law enforcement's carte blanche era -- whatever you
do and whoever suffers, you can simply say that
terrorism made you do it, and that extreme times call
for extreme measures. Or you can contend that some
trampled civil liberties are a small price for
preventing terrorist attacks -- especially if the
liberties underfoot belong to someone else.
And to think attorneys are -- as
officers of the court -- sworn to preserve the integrity
of the system. These days, integrity is overrated.
Innovation is just as good. "The
threat presented by terrorists who carried out the Sept.
11 attacks required a different kind of law enforcement
approach,'' Deputy Attorney General Larry Thompson told
investigators for Inspector General Glenn Fine, who, as
the Justice Department's watchdog, launched a probe into
the treatment of detainees -- most of them of Arab or
Central Asian descent -- after reports that prisoners
were being abused. The result was
a blistering 198-page report released by Fine's office
this week. It offers the clearest picture yet of the 762
detainees rounded up after the attacks, of how long they
were held, and how they were treated. The report --
based on internal government documents, examinations of
two detention facilities and more than 100 interviews
with detainees and U.S. officials -- found "significant
problems in the way the Sept. 11 detainees were
treated.'' Apparently, this is
what Thompson meant by a "different kind'' of law
enforcement: The report notes detainees being slammed
against walls and verbally abused by guards, being
denied for weeks the right to make a phone call or have
access to a lawyer, and prisoners being housed in cells
that were illuminated around the clock, shackled in
handcuffs and leg irons. The report cites "a pattern of
physical and verbal abuse,'' a flouting of rules and
customs that drive criminal proceedings, and a failure
by the FBI to sort terrorist suspects from individuals
who authorities stumbled on to by chance.
Detainees were held in custody
for an average of 80 days under a new "hold until
cleared'' policy where the FBI -- and not the
Immigration and Naturalization Service -- was given the
final say about who was released. In other words, the
prisoners were presumed guilty until proven innocent.
Despite the claim by Attorney
General John Ashcroft in a Sept. 17, 2001, memo that the
detainees were "persons who participate in, or lend
support to, terrorist activities,'' not one of them was
charged with a terrorism-related crime.
Most were charged with violating
immigration laws and many were deported. Yes, these were
illegal immigrants. But that doesn't justify a thing.
This is not how we treat the hundreds of thousands of
undocumented immigrants caught entering the United
States each year. We detect, apprehend and deport. We
don't abuse, humiliate and degrade. Not in this country.
This report is chilling, and it
explains why the Justice Department went to court to
prevent news organizations from learning anything about
the detainees. Now that the cat is out of the bag, the
official response can be described as deplorable.
Justice Department spokeswoman Barbara Comstock offered
no apologies. And Thompson said it was "unfair'' to
criticize the conduct of his staff during this difficult
period. It is good to know these folks are still
familiar with a concept like fairness.
There will, of course, be
lawsuits alleging civil rights violations. There should
also be congressional hearings into the report's
findings and more probing. And, when it is all done,
there should be firings and resignations.
Ashcroft should be the first to
step down. He took an oath to defend the Constitution,
and instead he defiled it. Say
what you will about how this was a difficult time, and
how officials were under pressure, and how it was all
the fault of terrorists anyway. None of that changes how
this episode will be written up in history books -- as
one of our darkest hours.
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