General on the March

Mos

t Attorneys General embody only the first half of what their title promises, but not John Ashcroft. Last week he announced a sweeping "wartime reorganization and mobilization" of his law-enforcement troops, converting the Department of Justice into something more like a Department of Antiterrorism. Fewer FBI agents will fight local crimes and the drug war; they will walk the al-Qaeda beat instead. Hundreds of crime fighters at headquarters will be transferred to field offices on America's "front lines." And 10% of the budget--$2.5 billion--will be redirected to counterterrorism.

INTERACTIVE GRAPHICS Map: Hunting Osama Map: Nukes Pipeline Interactive: Taliban P.O.W. Revolt More Graphics Tora Bora Nukes Pipeline Taliban Revolt Last Bastions Women & Islam No Refuge Taliban on the Run Afghan Caves Mood of the Nation Mazar-I-Sharif Terrorist Timeline Al-Qaeda Suspects Flu/Anthrax Sharing Secrets Al-Qaeda's World Ground War 11.4.01 Bush Team Grades Bioterror Threats War in Winter Workplace Safety Afghan Targets Anthrax Pathogen A Ground War An Uneasy Ally Targets Hit Search & Destroy Firepower & Food Frozen Assets Safety Guide Mideast Leaders Agents of Death Afghanistan Military Buildup Terrorist Cells Our Weapons Deadly Paths Twin Terrors   CNN.com Latest news: War Against Terror RECENT COVER STORY Closing In Dec. 24, 2001 Past Issues Taliban Last Days Dec. 17, 2001 ----------------- Lifting the Veil Dec. 3, 2001 ----------------- Hunt for bin Laden Nov. 26, 2001 ----------------- Thanksgiving 2001 Nov. 19, 2001 ----------------- Inside Al-Qaeda Nov. 12, 2001 ----------------- Defender In Chief Nov. 5, 2001 ----------------- Going In Oct. 29, 2001 ----------------- The Fear   Factor Oct. 22, 2001 ----------------- Facing   the Fury Oct. 15, 2001 ----------------- How Real   Is the Threat? Oct. 8, 2001 ----------------- Life on the   Home Front Oct. 1, 2001 ----------------- One Nation,   Indivisible Sept. 24, 2001 ----------------- Day of Infamy Sept. 14, 2001   PHOTO ESSAYS Kabul Unveiled Taliban on the Run More Photos >>> MORE STORIES Where's OBL: Letter from Tora Bora Anthrax: Where the Investigation Stands TIME/CNN POLL: Americans Standing By Bush's War More Stories >>>

The creaky, lumbering contraption that is the American criminal-justice system could use some streamlining, especially now that the Justice Department has one overriding mission, to prevent terrorism. But Ashcroft's plans raise plenty of questions. For one thing, if he reallocates agents and money to find future Mohamed Attas, other priorities--from civil-rights enforcement to antitrust efforts--may wither. Last week Ashcroft ensured that one conservative cause wouldn't be forgotten: reversing a Clinton Administration ruling, he allowed his department's drug agents to go after Oregon doctors who prescribe narcotics for suicide under that state's Death with Dignity law. (On Thursday a federal judge in Oregon put Ashcroft's new rule on hold pending a court battle.)

One aspect of Ashcroft's antiterror campaign has already irked civil libertarians. Two weeks ago the Attorney General quietly rewrote federal rules to allow feds to monitor communications between inmates and their lawyers. To trigger the eavesdropping, the Attorney General need have only a "reasonable suspicion" that an inmate may try to transmit terrorism instructions through his attorney. Justice Department officials pointed out that the fruits of the eavesdropping would be used only to prevent imminent attacks and that the information could not be used in court--at least not without a judge's approval. But civil libertarians and defense lawyers were furious anyway; attorney-client privacy has long been a sacrosanct privilege of common law. "This essentially allows the Attorney General to overrule [that] privilege whenever he chooses without judicial supervision," says Steve Shapiro of the A.C.L.U. A court challenge is assured.

The Justice Department is considering other ways to get around due-process requirements. Capitol Hill sources tell TIME that the department's Office of Legal Counsel is looking into the possibility of setting up a military court to try terrorism suspects who wind up being charged, thus enabling prosecutors to avoid many of the niceties of the regular court system. In 1942 the Supreme Court allowed an American military commission to try eight Germans who had landed by submarine in Florida and New York with plans of sabotage. The men were found guilty and six of them were executed.

But for now military courts are just a terrorism prosecutor's fantasy. In the meantime, Ashcroft must win the approval of Congress for his less radical proposals. Some will not be controversial. It makes sense to split the Immigration and Naturalization Service so that border protection and immigrant services are independent. That will allow the border patrol to focus all its attention on keeping shady characters out. No one will argue against updating the Justice Department's computer system, which is so bad that many employees work from ancient terminals that can't access the Internet. Even the focus on counterterrorism began before Sept. 11. The FBI had already handed over most bank-robbery probes to local authorities. Many agents have been saying for a long time that fugitive investigations can be taken over by the U.S. marshals and that the Drug Enforcement Administration is better at nailing major traffickers.

But lawmakers may object when spending more for counterterrorism means losing an FBI agent in their hometown who works on an antidrug task force. Other shuffling could incite a revolt in Congress. "If you try in any significant way to hinder the civil-rights division, that would be over the bodies of Senators on the Judiciary Committee," says a former Justice Department official. Which sounds like fightin' words--perfect for someone who seems more a general than an attorney.