WASHINGTON, 9 June 2003 — Attorney General John Ashcroft wants expanded authority to go after terrorists, and at least two of his proposals make some sense. There is a problem, though, and he brought it on himself: How much faith should Congress have in a Justice Department that under Ashcroft has seemed to look on civil rights as obstacles to be kicked out of the way in the pursuit of terrorists?

It’s scarcely inexplicable that the government rushed to round up suspicious, illegal immigrants after the Sept. 11 terrorist attack, and there was no problem in deporting more than 500 of them: They were, after all, in the country illegally, and some may indeed have been terrorists. But as is shown in a report by the Justice Department’s inspector general, many were held far too long without charges being brought. And it was indefensible, among other things, to enshroud their arrests and incarceration in secrecy.

Given Ashcroft’s record on the detainees and other matters — and considering the meager solicitude for civil liberties he has demonstrated in a number of remarks — it’s hardly a surprise that critics from both the right and left are apprehensive about any enlargement of Justice Department powers. Some of what he is asking for, however, seems less than astonishing.

For instance, he wants to expand the death penalty to include terrorists who kill people as a consequence of sabotaging facilities such as military bases. There are always reasons to be cautious about the death penalty, but if there is an instance when it would be justified, participation in catastrophic terrorism would certainly be one of them; removing the perpetrators from the face of the Earth is a sure means of ensuring they will never assist in acts of that kind again.

Ashcroft has also said he wants a sharpening of the statute that enables prosecution when someone has rendered material support to a terrorist.

Some courts, he is quoted as saying, have denied prosecution under this statute when someone is accused of joining overseas terrorist groups and of being trained by them to fight.

It would seem he has a point in contending that such activity in designated groups is akin to helping terrorists by such means as providing them weapons.

Terrorism could be ruinous for the United States. Those who see the threat as little different from the threat of auto accidents must be from another world: A detonated nuclear bomb in New York City would alter this country irrevocably — and disastrously.

Whatever the faults of the Justice Department, it’s worth remembering that there has been no successful attack since Sept. 11, 2001. It’s preposterous to suppose the terrorists just quit trying. The department (along with the US military) is doing much that is right.

But there is a balance to be maintained here, one that recognizes the greatness of America resides crucially in caring for liberty and due process.

To get what he wants, Ashcroft would be well-advised to give evidence that he respects that balance.