A few days after September 11, President Bush tasked Attorney General John Ashcroft--not the Director of the CIA, not the Secretary of Defense--with preventing another terrorist attack on the United States. Ashcroft and his successors took the mandate seriously; it was up to the DOJ to protect the nation. To do this, DOJ lawyers reformed the laws on intelligence gathering, rethought terrorism prosecutions as preventive rather than forensic and punitive,...
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