The Rule of Law

Ashcroft doesn't think it applies to him.

A federal judge who is considering whether to order Attorney General John Ashcroft to come to Detroit to face contempt charges warned top officials about not violating a gag order nearly a year ago, a court document shows.

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At a closed hearing held in October, U.S. District Judge Gerald Rosen told the No. 2 official in the Justice Department, Larry Thompson, to ensure that no federal official violate his order by leaking information to the public.

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At Rosen's direction, Thompson wrote a two-page memorandum on Oct. 16 that was sent to Ashcroft's office reminding officials about the gag order.

Ashcroft is accused of twice violating the gag order.

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Rosen should dismiss the request without holding a hearing, said the filing by the U.S. Justice Department on Ashcroft's behalf.

"Compelling the attorney general's appearance to address the defendants' allegations -- where he has not sought to influence the jury's deliberations or the outcome of the defendants' trial -- is inadvisable because it would likely serve only to chill legitimate public briefings in the future," said the 16-page statement.