Which they would no doubt attempt regardless of what Ashcroft does or does not do.
I seem to recall Janet Reno rather cavalierly acting when it suited the Clintons' needs (Waco, Elian), regardless of the constitution, and without Ashcroft "to show the way."
That does mean I think two wrongs equal a right. It just means that I'm not so sure this is a wrong on Ashcroft's part to begin with.