And Justice For All
Last week, it was revealed that the Justice Department had developed memoranda regarding torture and the role of the executive, which Paul Krugman of the NYTimes summarises thusly:

Much of the memo is concerned with defining torture down: if the pain inflicted on a prisoner is less than the pain that accompanies "serious physical injury, such as organ failure," it's not torture. Anyway, the memo declares that the federal law against torture doesn't apply to interrogations of enemy combatants "pursuant to [the president's] commander-in-chief authority." In other words, the president is above the law.

Ashcroft then faced some angry senators, which can be seen at the Daily Show site (click Daily Show Headline to open another window with Real Player, then click "Finding Memo"). Most interesting is the angry reaction from Joe Biden, which I'd love to see get more play.

Paul Krugman's column today lists many of Ashcrofts shortcomings, including:

Perhaps most telling is the way Mr. Ashcroft responds to criticism of his performance. His first move is always to withhold the evidence. Then he tries to change the subject by making a dramatic announcement of a terrorist threat.

For an example of how Mr. Ashcroft shuts down public examination, consider the case of Sibel Edmonds, a former F.B.I. translator who says that the agency's language division is riddled with incompetence and corruption, and that the bureau missed critical terrorist warnings. In 2002 she gave closed-door Congressional testimony; Senator Charles Grassley described her as "very credible . . . because people within the F.B.I. have corroborated a lot of her story."

But the Justice Department has invoked the rarely used "state secrets privilege" to prevent Ms. Edmonds from providing evidence. And last month the department retroactively classified two-year-old testimony by F.B.I. officials, which was presumably what Mr. Grassley referred to.