Justice Department lawyer- Government not barbarians

WASHINGTON -- Most leads that neighbors would pass along in the government's proposed network of anti-terrorism tipsters will produce little, a top Justice Department official predicted Saturday.

Assistant Attorney General Michael Chertoff, the administration's lead anti-terrorism prosecutor, defended the program as a legitimate way to protect Americans, despite criticism it infringed upon their civil liberties.

"You should not think you're dealing with a bunch of barbarians. That's not true," he told a fairly skeptical group of lawyers at a meeting of the American Bar Association as he and other Justice officials addressed administration efforts against terrorism.

"We need to be sober about what is a threat to civil liberties."

Operation TIPS, or Terrorism Information and Prevention System, originally was to begin this month, but is on hold until Congress returns in the fall. That will give Justice Department officials a chance to consult with lawmakers.

Chertoff's defense did not sway James Brosnahan, a lawyer who represented John Walker Lindh, known as the American Taliban.

"You can make a telephone call about somebody you don't like and maybe they'll be declared an enemy combatant with no rights even though they're a U.S. citizen," Brosnahan told Chertoff and others at a discussion of civil liberties.

The TIPS program "is as sinister as anything I've ever heard of," Brosnahan added.

Chertoff said the administration has looked at inventive ways to catch terrorists without violating the Constitution.

Under the program, the government would encourage tips from everyday citizens about suspicious activities. Chertoff denied it would encourage Americans to spy on one another.

"The government is asking people to do this, not making them," he said. "I would suspect most of them will wash out."

He also said, "We're not looking for a community of snoops."

The department plans to set up a toll-free number for people to call about unusual activity. Not included as would-be tipsters are government workers who have access to homes, such as postal employees, and some private employees.

Laura W. Murphy, director of the American Civil Liberties Union in Washington, said the administration "is creating a civil liberties crisis for this nation."

The administration's response to the Sept. 11 attacks has dominated the annual meeting of the ABA, the nation's largest lawyers group. President Bush and top cabinet members, including Attorney General John Ashcroft, declined invitations to speak.

An ABA panel on Friday issued a critical report of the administration, recommending legal rights for Americans whom the government deems enemy combatants and locks up in the United States indefinitely.

Chertoff, head of the Justice Department's criminal division, was not backtracking. He said the president can take the preventive step of imprisoning people who might be a threat during wartime, whether or not they are Americans.

Chertoff said the jailings are not punishments. People put behind bars as combatants could be tried later at military tribunals, he said. As long as they have the enemy combatant status, they are denied access to attorneys and courts.

About 600 enemy combatants are being held at a U.S. military prison in Cuba. Two U.S.-born enemy combatants are being held in America; their jailings are being challenged in court.