Bush taps White House counsel for attorney general slot

Critics of outgoing Attorney General John Ashcroft on Wednesday called for a successor who would restore some balance between civil liberties and security as the Bush administration proceeds in its campaign to track down terrorists.

At an afternoon press conference, President Bush announced his choice of White House Counsel Alberto Gonzales to replace Ashcroft. He said Gonzalez has "served with skill and integrity." He made his choice a day after Ashcroft officially announced his resignation, which will take effect after the Senate confirms his replacement.

"The new attorney general who comes in, in light of President Bush's comments to unite the country, ought to reach out to his critics to build consensus among the left and right and restore the protection of civil liberties as a top priority in the Justice Department," said Anthony Romero, executive director of the American Civil Liberties Union.

"I think there needs to much more oversight, and a more forthcoming attitude from the Justice Department about how its PATRIOT Act powers are being used and abused," he added, referring to the controversial anti-terrorism law known as the USA PATRIOT Act, which was championed by Ashcroft.

In September, federal District Judge Victor Marrero of New York issued a 122-page opinion that struck down key provisions of the Electronic Communications Privacy Act, which was amended by the PATRIOT Act. The rules relate to secret surveillance of terrorism suspects and allowed law enforcement authorities to secretly subpoena the records of Internet service providers (ISPs) without judicial oversight.

"We'd like to see an attorney general that's prepared to protect constitutional law in the United States," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, an organization that has brought numerous lawsuits against the administration to seek information about its various surveillance projects.

"The attorney general took office during a very difficult political period, and obviously, there are a lot of people who were very upset. There's a record there that's very, very distressing," he said.

During his tenure, Ashcroft became a lighting rod for controversy over the Justice Department's limited disclosure of how it was using the PATRIOT Act's powers. But Ashcroft also used the office to pursue online child-pornography rings and also increased enforcement of those infringing intellectual property rights.

"Attorney General John Ashcroft has served our country faithfully during one of our most challenging chapters in history," Senate Judiciary Committee Chairman Orrin Hatch, R-Utah, said in a statement Wednesday. "I enjoyed working closely with him. His courage and leadership are second to none."

President Bush also praised Ashcroft for his push to make sure that "our law enforcement officials have the tools they need to disrupt and prevent attacks," and he commended Ashcroft for his effort to crack down on Internet pornography. He also praised Ashcroft for his advice on judicial nominations.

Peter Swire, a professor at Ohio State University who served as privacy official in the Clinton administration, said he hopes "the resignation will lead to a fuller review of the PATRIOT Act next year."

On Ashcroft's possible replacement, Swire noted that Gonzales could face tough questions during his confirmation process in the Senate over his 2002 memo on the Geneva conventions and the rules on interrogation techniques.