With America and our allies making progress against terrorism, it remains important to maintain respect for civil liberties.
Administration officials must take precautions against the kind of overreaction that, even while arguably meeting legal standards, can alienate large sectors of the public through its unfairness to individuals.
Both in its conduct abroad and at home, the Bush administration deserves the high public support it has received. Allied military forces have made remarkable progress in Afghanistan. Diplomatically, the administration has managed the challenges of coalition building with success. And, it appears that the overall approach to security at home is being conducted with policies that will respect civil liberties, at least if carried out reasonably.
Yet there is also reason for concern and prodding of the administration on issues of civil liberties. Constitutionally, the nation is committed to protecting and preserving the rights of all Americans. Morally, Americans are committed to fairness and justice for all, even foreign visitors and even during war time.
On Sunday, the top members of the Senate Judiciary Committee called on Attorney General John Ashcroft to give more explanation of the administration’s anti-terrrorism measures. Democratic Sen. Patrick Leahy, the committee chair, and Republican Sen. Orrin Hatch, the ranking minority member of the committee, said Ashcroft should appear before Congress to answer a host of questions about military tribunals, possible racial profiling and wiretaps of phone calls between suspects and their attorneys. It’s important for the administration to answer — and even welcome — questions from Congress.
The light of day is ultimately America’s greatest security against mistreatment of its own citizens and people living or visiting here. Even if the administration’s anti-terrorism policies make sense generally, individuals should receive fair treatment. Eleven weeks after the Sept. 11 attacks, though, Ashcroft’s Justice Department remains remarkably hesitant to provide any substantial accounting of the more than 1,200 people arrested afterward. Some 500 hundred remain in custody, mostly on minor matters or for immigration violations that normally would not justify imprisonment. Fewer than two dozen are considered to have any connection to or knowledge of terrorists.
America gains nothing and risks losses when it treats people harshly over violations far less threatening than terrorism. We risk creating a pervasive climate of fear even among our own citizens, especially if they are of Middle Eastern origin. If we aren’t careful, we can also feed the misperceptions of people whose support around the world can be valuable.
Worst of all, though, we harm our own commitment to fairness and liberty when we allow individuals to suffer extended imprisonment over largely technical offenses. We need stronger enforcement of immigration laws and we need the increased attention to security that the administration and Congress have provided. But we also must maintain balance and fairness if the fight against terrorism is to be won in a way that earns lasting respect abroad and, more importantly, at home.
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