Ashcroft finally faces Hill critics

He notes that when President Franklin Roosevelt imposed stiff civil-liberties restrictions - such as interning Japanese Americans - the declaration of war from Congress backed up his actions. "Compared to earlier presidents, this administration has taken a far more unilateralist course of action," says Professor Katyal.

Bush supporters counter that swift executive action is required in a time of war. And the public largely agrees. A recent Gallup poll showed that 60 percent of Americans think the administration's approach to civil liberties is "about right."

Still, the lessening of public concern about a new terrorist attack could eventually lead to a shift in public attitudes about how heavy-handed the government should be. Gallup reports that 35 percent of Americans are worried that they or someone in their family will be a victim of terrorism. That's down from 59 percent in the wake of the October anthrax attacks - and it roughly matches pre-Sept. 11 levels.

The new warning Monday by homeland security chief Tom Ridge - as well as fresh speculation that Al Qaeda has primitive nuclear weapons - may cause a spike in fear and mute the partisan tone at Ashcroft's hearing.

But recently on Capitol Hill lawmakers who have been only quietly criticizing the administration have grown bolder. Ashcroft's appearance tomorrow follows two Senate hearings Tuesday - one that looked into the Justice Department's detentions and another on military tribunals. "The attorney general is going to face questions on detainment and on tribunals," one Hill staffer says. "But I wouldn't say the issue for the committee now is that DOJ is overreaching ... but that the administration is acting unilaterally."

At a hearing last week, Assistant Attorney General Michael Chertoff faced some spirited questions from the Senate Judiciary Committee dealing essentially with that point. And while Democrats took more shots, the committee's Republicans also made their unhappiness known - particularly Pennsylvania's Arlen Specter, who cut Chertoff short several times.

As the administration receives largely high marks for its prosecution of the war in Afghanistan, it is little surprise that Ashcroft would be the first member of the Bush team to face heat at home. Since his nomination for the attorney general's job, the former Missouri Senator has been the subject of much criticism.

Critics charged he did not take a strong enough stand against racial profiling, and liberal interest groups organized a strong campaign against him.

The question now is whether the criticism arising around Ashcroft stays contained or spreads to other areas of the administration's war effort.

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