here's the whole article:
Ashcroft iron will molds the law ATTORNEY GENERAL CREATES POLICY THROUGH TOUGH TACTICS, PERSONAL BELIEFS By Fredric N. Tulsky Mercury News
In his confirmation hearing, John D. Ashcroft assured skeptical senators that they could count on him to observe the limits of the job of attorney general. He would, he told them, enforce the law, not reshape it to fit his own political or moral code.
The Senate then voted to confirm him -- with 42 senators voting ``no,'' many saying they doubted his word.
Sixteen months later, John Ashcroft and his supporters say he has been true to his word, faithfully upholding the law through a difficult national time.
``John Ashcroft has kept his word to the president and to the American people,'' said Sen. Christopher ``Kit'' Bond, a Republican who is a former Missouri governor, like Ashcroft. ``It is hard to believe that that many senators had bitterly opposed his nomination.'' Yet Ashcroft is becoming one of the most activist attorneys general in history, working to push the law toward his philosophy on issue after issue, while the Justice Department's powers expand rapidly in the war against terrorism.
To growing criticism from judges, civil rights groups and Democrats in Congress, he has used the power of his office to detain thousands of Middle Eastern immigrants and to toughen immigration policy since Sept. 11; to nullify the nation's first state law permitting assisted-suicide for the terminally ill, and to urge a broader interpretation of the constitutional right to own guns.
A Mercury News review of Ashcroft's record in politics finds a long pattern of using extraordinary measures to shape public policy to his political agenda and religious beliefs.
His interventions are particularly evident on a handful of highly charged issues: The role of women in society, the rights of gays and the debate over when life begins and ends. And they help explain how the attorney general, one of the most powerful people in government, is also one of the most polarizing, disliked and applauded with equal intensity.
In more than two decades of public life as state attorney general, governor and U.S. senator from Missouri, Ashcroft repeatedly pursued extraordinary means to achieve his political ends. State police blocked a father from taking his brain-dead daughter to a hospital in another state so he could remove her from life support. Nurses at a rural family clinic were threatened with prosecution for distributing contraceptives. A state official assisting a voluntary integration plan for St. Louis schools was threatened with the loss of her job.
And in his term as U.S. senator, Ashcroft tried to change the Constitution to match his beliefs several times, introducing or co-sponsoring seven amendments, including ones to permit school prayer, to ban flag burning, to define human life as beginning at fertilization, and to make it easier to amend the Constitution.
The attorney general's spokeswoman, Barbara Comstock, said it is ``simplistic'' to see such actions in the context of his personal code. ``I think what people don't appreciate is his role as a lawyer, and appreciation for the law,'' she said. ``He recognizes a professional responsibility to enforce the law, not to shape it.''
What strikes many people who have encountered Ashcroft on public policies is not only the tactics that he uses, but the personal convictions that seem to drive them.
Missouri state Sen. Harry Wiggins, for one, recalls a meeting with Ashcroft and a group of Kansas City community leaders when he was governor. The group had tried for months to see the governor about funding to keep open Kansas City's only hospice for AIDS patients.
As the meeting began, Wiggins recalled, Ashcroft appeared uninterested until he focused on the facility being a ``home,'' not a hospital.
``Then you have my attention,'' the governor said, according to Wiggins. ``I'm looking for where it is cheapest to send them to die.''
Wiggins said, ``Governor, that's not what we're here for. These are human beings.'' Ashcroft replied, ``Their pain and suffering is a result of their own misconduct.''
Ashcroft declined to be interviewed for this article. In many cases, his spokeswoman pointed to previous comments of his for responses. Those, interviews with dozens of people in and out of government, and a review of hundreds of documents, produce a portrait of a man who sees himself as an agent for good in a world split into good and evil -- a determined politician who believes his advancement also advances the cause of good.
While many people in politics intensely dislike both Ashcroft's policies and his unyielding manner, another equally fervent group applauds his actions and personal conduct and looks to him as a hero defending core values.
``John is not an agnostic, and he is not going to be an agnostic,'' said Sen. Jon Kyl of Arizona, a Republican who served with Ashcroft on the Senate Judiciary Committee. ``I would say that it is not so much his moral code, as his view of what the president wants. It happens those two generally are the same.''
In those instances when Ashcroft must uphold laws that the president does not like, he would do so, Kyl said.
Ashcroft's deputy when he was state attorney general, Edward Robertson, said, ``You are never going to hear him say that abortions are illegal under the law. But to the extent he can find ways to restrict abortions consistent with his interpretation of the constitution and laws, he will do so.''
``Because he is the kind of person he is, with strong views and competitive, he's going to push the envelope of where he can go. But he will never go outside that envelope.''
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