Congress must stop erosion of civil liberty

THE ISSUE The FBI will be allowed to investigate citizens without a clear basis for suspicion.

THE Bush administration is in a hurry-up mode to lock into place policies that hew to its doctrines before the president exits the White House. Using an arsenal of powers to establish regulations and guidelines, the administration in recent weeks has moved on a number of fronts, from attempting to severely weaken the Endangered Species Act to allowing a broad range of "morally conscious" health care workers to refuse duties involving abortion or contraception.

The administration is also planning to give the FBI authority to investigate Americans -- spy on them, look into their private records and question employers, fellow employees, neighbors and acquaintances -- without any clear basis to suspect them of wrongdoing.

Attorney General Michael Mukasey has delayed the plan's implementation to accommodate a Senate committee hearing next month but intends to have the plan in place by Oct. 1 regardless of objections. Once again, the administration sees no boundaries when it comes to violating constitutional protections.

Mukasey, who hasn't made the plan public but has allowed closed briefings for congressional staff, claims the guidelines are needed to avoid confusion among field agents. There should be none if they have read the Fourth Amendment. Congress should not allow the administration's further erosion of citizens' rights.

Nor should the administration be permitted to institute rules that could jeopardize health care by letting anyone from doctors and pharmacists, even to workers who wash instruments or clean medical equipment, refuse duties connected with abortion or contraception.

Health and Human Services Secretary Michael Leavitt said the rules will protect health care providers who object to such procedures. Patients who want birth control, including rape victims, can just go elsewhere, he said.