Fundamentalism, Wahhabism, and the sources of terrorism

Conservatives' Fears

Robert L. Barr Jr., a conservative Republican former House member who now works on privacy issues with the American Conservative Union, is one of many conservatives who argue that expanded surveillance powers and a broadened definition of who may be labeled a possible terrorist ultimately could be used against groups on the right, such as militia members or antiabortion activists.

They contend that the department's reluctance to disclose more about the law's use is unacceptable. "To make this blanket claim of national security that disclosure of the general information regarding the number of times government powers have been exercised and in what matter . . . is absolutely nonsense," Barr said.

The FISA court itself ruled 16 months ago that it is improper for federal authorities to mingle intelligence information with criminal cases, as the law allows. But the Justice Department appealed that decision, and it was overturned by a secret appeals court. Because there was no opposing party in the appeal, the law's critics had no way to challenge that decision.

As the law and the controversy around it near their second anniversary, it remains uncertain whether Congress will change the law -- or how strenuously Ashcroft will insist that it be strengthened.

"There are no plans at this time to introduce legislation," said Barbara Comstock, a Justice Department spokeswoman.

Seeking More Powers

Yet the source familiar with the department's work said Ashcroft's aides have been drafting three proposed expansions of Justice Department authority. They would like to make it easier to charge someone with material support for terrorism, to issue subpoenas without court approval and to hold people charged with terrorism prior to trial.