An Analysis of the Sources of Disagreement Between John Ashcroft and David Cole

The two articles "Testimony to the Senate Committee on the Judiciary" and "The Ashcroft Raids" present opposite views on the issue of whether or not the USA Patriot Act is constitutional. In John Ashcroft's speech "Testimony to the Senate Committee on the Judiciary" he commends the procedures that are enabled by the Patriot Act and gives reasons for their justification. The other article, "The Ashcroft Raids" is written by David Cole who is an attorney for the Center for Constitutional Rights. Cole presents the manner in which the USA Patriot Act violates human rights.

Ashcroft and Cole have very different views on distinguishing protecting the citizens and violating the rights of citizens. They disagree on the facts regarding the detainment of immigrants. Ashcroft states, "Currently, we have brought criminal charges against 110 individuals, of whom 60 are in federal custody. The INS has detained 563 individuals on immigration violations" (527). Ashcroft presents this as an example of how the USA Patriot Act is benefiting the citizens. Cole disagrees with this method of detainment and says "The government seems to have dispensed with developing probable cause before arresting individuals, and instead has used pretexts- usually of routine immigration violations- as justification for detaining hundreds of people about whom it has only he slightest suspicion" (530). Ashcroft and Cole also greatly disagree over the facts concerning the treatment of the detainees. Ashcroft says that every person being held is given the right to contact legal aid, and their families. Cole points out that those who were detained were held without official charges being brought against them, and now the Immigration and Naturalization Service has modified the regulation so detention without charges is permissible for forty-eight hours, compared to the previous regulation of twenty-four.