Ashcroft On The Spot

(2 of 2)

Though there's no shortlist yet, names under review by the White House counsel's office include U.S. Attorney Robert Mueller of San Francisco, who assisted Ashcroft until Deputy Attorney General Larry Thompson was sworn in last week; George Terwilliger, No. 2 at Justice in the first Bush Administration and a lawyer for W. during the Florida recount; Stephen Trott, a federal appellate judge and former Reagan Administration Justice Department official; and Ronald Noble, who currently leads Interpol. Choosing Noble, an African American, would help silence criticism that the bureau remains a conservative-white-male bastion.

Ashcroft's problems aren't only of the big, public variety. Inside the department his controlled and uncommunicative style hasn't served him well. After an initial round of handshaking, he and his close aides disappeared from view, at least in the opinion of many department lawyers. The news, leaked by a top DOJ official, that Ashcroft thought attorneys in charge of the government's massive pending case against the tobacco industry had performed poorly won him no friends among his foot soldiers, all of whom took note. Ashcroft also lost points among FBI field agents after reports circulated that he repeatedly snapped at his security detail.

Ashcroft's devout Pentecostal faith, as expressed at the office, has disturbed some employees as well. New guidelines for documents bearing Ashcroft's signature bar the use of the word pride and the phrase "no higher calling than public service," both of which contradict the former Senator's religious views. Each morning at 8 he plays host to what he calls RAMP sessions--for Read, Argue, Memorize and Pray--in his office or conference room. From three to 30 participants chew over Bible passages, commit some to memory and finish with a prayer. Non-Christians are welcome, but many staff members consider the sessions inappropriate, given Ashcroft's position as guardian of the Constitution--including separation of church and state.

Ashcroft bristles at the suggestion that he's doing anything improper. "I don't think the fact that I might want to invite the wisdom of the Almighty into my decision making is a threat to anybody," he told TIME, leading his questioners into his conference room to point out a wall relief that long predates him, depicting King Solomon's deciding the parentage of an infant. "Wisdom in making good decisions can be inspired as well as acquired," he said. If others choose to practice different faiths in their offices, "that's not my business. I'm not part of any sort of prayer police."

--With reporting by John F. Dickerson/Washington