In the context of the articles, what powers did Ashcroft establish? That Lindh, captured by military action in a foreign country while bearing arms, was given any semblence of a civil trial is extraordinary.
A precedent for holding an American citizen, no matter how odious a citizen, without due process.
Let me put it in the simplests terms possible.
If there is no hole, you can't be put in the hole. You seek out the nastiest, most reprehensible, most violent, ugliest, smelliest citizen possible and say, "This person needs to be put in a hole". You dig one and put him there.
Now, you have a hole, and you can be put in the hole.