E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, THURSDAY, FEBRUARY 1, 2001 No. 14 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 6, 2001, at 2 p.m. Senate THURSDAY, FEBRUARY 1, 2001

The Senate met at 9 a.m., in execu- PLEDGE OF ALLEGIANCE The legislative clerk read the nomi- tive session, and was called to order by The Honorable MICHAEL D. CRAPO led nation of John Ashcroft, of Missouri, the Honorable MICHAEL D. CRAPO, a the Pledge of Allegiance, as follows: to be Attorney General. Senator from the State of Idaho. I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- United States of America, and to the Repub- pore. Under the previous order, the lic for which it stands, one nation under God, time until 9:15 shall be under the con- PRAYER indivisible, with liberty and justice for all. trol of the majority party. The Chaplain, Dr. Lloyd John f Mr. REID. Mr. President, I suggest the absence of a quorum. Ogilvie, offered the following prayer: APPOINTMENT OF ACTING The ACTING PRESIDENT pro tem- Almighty God, this is the day You PRESIDENT PRO TEMPORE pore. The clerk will call the roll. have made, we will seek to serve You The PRESIDING OFFICER. The The legislative clerk proceeded to in it; this is Your Chamber, we want to clerk will please read a communication call the roll. honor You in it; this is Your Senate, to the Senate from the President pro Mr. HARKIN. Mr. President, I ask we desire to maintain the unity of tempore (Mr. THURMOND). unanimous consent the order for the Your Spirit and the bond of peace The legislative clerk read the fol- quorum call be rescinded. through it. Give us an acute sense of lowing letter: The ACTING PRESIDENT pro tem- the power of the words we speak. Grant U.S. SENATE, pore. Without objection, it is so or- the Senators the ability to disagree PRESIDENT PRO TEMPORE, dered. without being disagreeable, to declare Washington, DC, February 1, 2001. Under the previous order, the time truth without depreciation of each oth- To the Senate: until 9:30 shall be under the control of Under the provisions of rule I, paragraph 3, the Senator from Iowa. er’s character, to state convictions of the Standing Rules of the Senate, I hereby without demeaning disdain, to refrain Mr. HARKIN. Mr. President, after re- appoint the Honorable MICHAEL D. CRAPO, a viewing his testimony before the Judi- from egregiousness in an effort to ex- Senator from the State of Idaho, to perform plain, and to judge merits without the duties of the Chair. ciary Committee and studying his long being judgmental. STROM THURMOND, public record, I cannot support the President pro tempore. nomination of John Ashcroft to be Dear Father, this is a crucial day for Mr. CRAPO thereupon assumed the United States Attorney General. the Senate. Remind the Senators on chair as Acting President pro tempore. This is not an easy decision for any both sides of the aisle that what goes of us. We have all served in this body around does come around. Bless this f with former Senator Ashcroft. I cannot Senate. Keep the Senators close to You RESERVATION OF LEADER TIME say that I was a personal friend of his. and to each other so that when the The ACTING PRESIDENT pro tem- We never associated socially or any- vote this afternoon is over, we will not pore. Under the previous order, leader- thing like that, but I did have dealings have lost the respect that galvanizes ship time is reserved. with Senator Ashcroft, as we all do and the reconciliation that heals. We f around here, on matters of legislative simply want to live this day knowing importance. You will be the judge of what is said NOMINATION OF JOHN ASHCROFT Quite frankly, in my dealings with and how it is said. We commit our- TO BE ATTORNEY GENERAL him, I always found him to be cour- selves to civility and care as men and The ACTING PRESIDENT pro tem- teous to me and my staff. I found that women who are accountable to You. pore. The Senate will resume consider- we could work together even though we You are our Judge and Redeemer. ation of the Ashcroft nomination, did not have the same views, perhaps, Amen. which the clerk will report. on certain pieces of legislation. I found

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

S933

. S934 CONGRESSIONAL RECORD — SENATE February 1, 2001 that we worked together in the spirit to Luxembourg on the totality of complished judge as ‘‘pro-criminal and of compromise here on the Senate Hormel’s record. I spoke with Ambas- activist,’’ a man with a ‘‘tremendous floor. sador Hormel just last week about this. bent toward criminal activity.’’ When John Ashcroft’s name was first He said he had never had any contact Mr. Ashcroft stood on this floor—I announced as the nominee for Attorney with Senator Ashcroft, not when he remember listening to him, and I General, I, of course, thought to my- was dean of students at the University couldn’t believe someone actually said self, he certainly would not have been of Chicago Law School and not since he this about a sitting State supreme my first choice, but then again George was nominated in 1997. He did not re- court justice from his own State—that Bush was not my first choice for Presi- cruit Mr. Ashcroft for law school. As Judge White had ‘‘a tremendous bent dent. But I recognized that Presidents dean of students, of course—and there toward criminal activity.’’ should have fairly large leeway to have are a lot of students there—Mr. Hormel I don’t know Ronnie White. I have the people around them they want. was honest; he said: I can’t remember. met him only once. But after I looked But, again, we also have an obliga- Maybe when he was a student, I might over his record it seemed to me that tion, a constitutional obligation, in the have met him. I might have talked to what Mr. Ashcroft was saying was not advise and consent clause in the U.S. him. I might have said something to a only false, it was defamatory. And it is Constitution to look over those indi- group of students. He may have come behavior unworthy of a U.S. Attorney viduals, to give careful scrutiny to into my office for something. But I General. It is one thing in a political those individuals, to make sure that have no recollection of that. campaign to take on your political op- we, as a body collectively—at least by Furthermore, Mr. Hormel emphati- ponent and hit him with tough words majority vote—are able to believe that cally stated he did not ‘‘recruit’’ John in tough races, but you can fight back. nominated officials will have the hon- Ashcroft for Chicago Law School. When I have been hit pretty hard in some of esty, the character, and wherewithal to he was nominated in 1997, Mr. Hormel my political campaigns. But when the carry out their duties and to serve all repeatedly tried to meet with John election is over, you get over it because of the American people well. Ashcroft to talk to him. Even if I op- at least you are able to fight back. After long and difficult deliberation, pose someone, I at least give them the Here was a Senator using the privileges I have come to the conclusion that courtesy to come in and make their of the floor of the Senate to personally there are significant questions raised case. I have always made that policy, defame the character of a sitting Su- on John Ashcroft’s fitness to be our because maybe there is something I preme Court justice of the State of Nation’s chief law enforcement officer. haven’t heard or something I would Missouri when that judge had no abil- First and foremost, I have serious look at differently. John Ashcroft ity to fight back. concerns about the misleading state- would not even meet with Jim Hormel. Finally Mr. White did get his day, ments Mr. Ashcroft made during the Mr. Hormel did get a recess appoint- sort of, in court before the Judiciary confirmation hearings. ment from President Clinton, served Committee. I commend Senator LEAHY As we all know, Senator Ashcroft well, and was distinguished in his post for making sure Ronnie White got his strongly opposed the nomination of Mr. in Luxembourg. I asked people at the day here to show that he is a distin- Jim Hormel as Ambassador to Luxem- State Department in charge of that guished justice, that he has absolutely bourg. Jim Hormel, a distinguished area how he performed, and they said the opposite of a bent toward criminal lawyer, successful businessman, educa- extremely well. They said that he had activity. He also strongly believes in tor, philanthropist a scion of our fa- conducted his position in the best in- upholding the law, ensuring that every mous midwestern families. We all have terests of the United States and as a person, no matter how low that person heard of Hormel Meats. We probably distinguished Ambassador. Again, sex- is, no matter how heinous the crime— had Hormel bacon in the morning, ual orientation should not have any that every person has competent rep- things such as that. They are a fine bearing on a person’s fitness for that resentation and a fair trial. Mr. family who came from Iowa and Min- job or any other job. Ashcroft’s own words and what he did nesota. Mr. Hormel, of course, has John Ashcroft also testified that he to Justice White make me wonder if taken up his residency, as of late, in has never asked job applicants about Mr. Ashcroft thinks every person, no San Francisco, I don’t know how many their sexual orientation. But in a re- matter how low, no matter how hei- years ago, but some years ago. Prior to cent Washington Post article, a health nous the crime, no matter how much that, he had been Dean of Students at care expert, Paul Offner, who had you disagree with that person, is enti- the University of Chicago Law School. interviewed for a cabinet post under tled to competent representation and a I have known Mr. Hormel for many then Governor Ashcroft, remembers fair trial. years. I consider him a friend. As I differently. Offner, who is now part of I also have concerns about John said, not only is he a great lawyer, the Georgetown University faculty, re- Ashcroft’s testimony about the deseg- businessman, educator, and philan- called that Governor Ashcroft’s first regation court order in Missouri when thropist, but he is also an outstanding question to him was whether or not he he was attorney general and governor. family man. had the same sexual preferences as John Ashcroft said that Missouri did In 1998, Mr. Ashcroft said he opposed most men. At the time it happened, nothing wrong. But I think most peo- Mr. Hormel’s nomination because he Offner, also told others about the inter- ple would agree that upholding seg- had—and I quote John Ashcroft’s own view question. regation and blatantly defying a fed- words—‘‘actively supported the gay If this is true, this does not seem to eral court order is the very definition lifestyle.’’ be the kind of individual who should of wrong. This was in the 1980s, not the Further, Mr. Ashcroft said that a per- serve as Attorney General of the 1950s. son’s sexual conduct—and I quote United States of America. Also while Governor, Mr. Ashcroft again Mr. Ashcroft’s own words—‘‘is I am also disturbed by how, as an appointed the election boards in St. within what could be considered and elected official—namely, U.S. Sen- Louis County and in St. Louis city. what is eligible for consideration’’ for ator—Mr. Ashcroft used unseemly po- The county, an affluent area, 84 per- ambassadorial nominees. litical tactics, including the reckless cent white, votes mainly Republican; However, in his testimony just 2 and unwarranted destruction of a judi- the city, less affluent, 47 percent black, weeks ago, Mr. Ashcroft denied his op- cial nominee’s reputation, a sitting votes mainly Democratic. During that position had anything to do with Jim judge’s reputation, for his own political period of time, the county hired 1,500 Hormel’s sexual orientation. He said he benefit. Senator Ashcroft led the cam- volunteers, such as out of the League opposed him because, again, he had paign to block the Federal judicial of Women Voters, for training, for reg- known Jim Hormel for a long time, nomination of Missouri Supreme Court istration of voters. During that same going back to the days when Hormel Justice Ronnie White in order to gain period of time, the city board trained had—and I quote again John Ashcroft— political points in his reelection bid zero because the city election board, ‘‘recruited him’’ for law school. against then-sitting Gov. Mel appointed by John Ashcroft, refused to Mr. Ashcroft said he based his opposi- Carnahan. Ashcroft on this very floor follow the policy on volunteers used by tion to Jim Hormel being Ambassador referred to the distinguished and ac- his appointed board in the county and February 1, 2001 CONGRESSIONAL RECORD — SENATE S935 throughout the state. The State legis- spoken so fondly of proslavery confederate agency that has been described as being at lature saw this anomaly and passed leaders to Southern Partisan magazine back the front line of battles over emotional so- two bills in 1988 and 1989 to require the in 1998 if he’d known the rag favored slave- cial issues like civil rights, abortion, crime city to do the same as the county and holding itself. and the selection of federal judges. But other Ashcroft remarks are bold-faced Personally, and as a governor and member the state. Governor Ashcroft vetoed revisionism: His claim that he’d been ‘‘found of Congress, Ashcroft had every right to vo- both of those bills. guilty of no wrong’’ and faithfully heeded all ciferously oppose abortion, even in the case I am also troubled by parts of John court orders in a St. Louis desegregation of rape and incest; seek to limit government Ashcroft’s record which reflects poorly case is false; the record shows Ashcroft ha- funds for family planning, and work to de- on his commitment to seeking justice bitually flouted court orders. His insistence feat modest gun control regulations. for all Americans. Despite his state- that he derailed a federal judgeship for Mis- In advance of Ashcroft’s hearing before the ments to the contrary, I am simply not souri Supreme Court Justice Ronnie White Senate Judiciary Committee, we posed a question to the senators who would be asked convinced that John Ashcroft will dili- for principled reasons is belied by the stealth, slurs and distortions Ashcroft used to confirm the nomination: Could they be gently and thoroughly uphold all of our to achieve his end. persuaded that Ashcroft would enforce the laws. An archaeologist could find a small heap of laws as they are, not as he would like them I am particularly concerned about twisted facts in last week’s hearings, and to be? John Ashcroft’s statements and ac- with them many hints that Ashcroft isn’t It is clear from the resulting testimony tions regarding reproductive rights. the sort of man who ought to be running the and Ashcroft’s long public record in Missouri Throughout his career, he has been a Justice Department. But this would be true that the answer is likely to be no. As Mis- staunch opponent of the right of even if Ashcroft had been forthright about souri attorney general, Ashcroft was not reg- ularly even-handed or moderate on at least a women to make their own reproductive his past. The central question of integrity involves couple of thorny social issues that remain decisions. He even wrote legislation to the way Ashcroft’s mind works. What are front and center in the country’s psyche— criminalize abortion, even in the cases senators to make of a man who has spent his women’s reproductive rights and civil rights. of rape and incest. Yet during his re- life expressing extreme convictions—and He attempted on several occasions to se- cent testimony, John Ashcroft told who now says he won’t lift a finger to fulfill verely restrict a woman’s legal right to committee members he believes that them? They can doubt him, which would be choose an abortion by seeking out cases in Roe v. Wade is the law of the land—and natural enough. The confirmation process is which that was not the main issue and forc- he would not try to overturn it. He generally regarded as a ceremonial gauntlet ing them upward through various layers of appeals to the U.S. Supreme Court. even stated, ‘‘No woman should fear to be run, not a serious test of honor. Dis- sembling is almost part of the game, and it’s The end goal was to overturn Roe vs. Wade. being threatened or coerced in seeking up to the Senate to separate the clever His official record invites serious questions constitutionally protected health serv- wheat from the lying chaff. whether he would (1) do the same on the fed- ices.’’ How are America’s women sup- Perhaps Ashcroft falls into the second cat- eral stage and (2) vigorously enforce existing posed to believe John Ashcroft in his egory. Perhaps what he’s saying isn’t what laws restricting violent and obstructive dem- recent testimony on a woman’s right he plans to do once he’s got the Justice De- onstrations at abortion clinics by anti-abor- to choose when he had repeatedly stat- partment under his thumb. The prospect is tion opponents. haunting, and is reason enough to reject Aside from Ashcroft’s major misstatement ed during his political career that during the hearing about the culpability of there is no constitutional right to Ashcroft’s nomination. But what if Ashcroft is telling the truth— the state in a long-running school desegrega- choose and that Roe v. Wade was or at least thinks he is? It could very well tion case, the record paints a picture of an wrongly decided? I’m not sure he can. be, as the man himself said, that Ashcroft attorney general who obstructed the cause of I am not sure anyone can simply really plans to enforce every last law of the equal education for children of all races. switch off decades of hostility to repro- land whether he likes it or not. If that’s the When a federal judge ordered the state and ductive rights, intolerance towards ho- case, doubts about Ashcroft should double. city of St. Louis to submit plans for vol- mosexuals, and other views, and then It’s worth wondering about a man who has untary desegregation of the public schools, spent his life vowing to topple the laws he Ashcroft balked. The court finally threat- fairly and aggressively enforce the ened to hold the state in contempt if it did laws—he deeply believes are wrong. now says he’ll enforce. Why should he want to do this? How will he manage it? How can not meet the deadline: ‘‘The court can draw As I expect, John Ashcroft will be he possibly muster the spirit to do it well? only one conclusion—the state has, as a mat- confirmed despite my vote. I hope they An attorney general isn’t just an attorney. ter of deliberate policy, decided to defy the will prove me wrong. He’s also a visionary, a keeper of the flame authority of the court.’’ I thank the President. of American justice. He must believe with all Moreover, Gary Orfield, a Harvard Univer- Mr. LEAHY. Mr. President, I ask he has not just in the sanctity of ‘‘the law,’’ sity education professor and leading expert unanimous consent that a number of but in the laws themselves. A quibble with a on school desegregation, said Ashcroft was the ‘‘most resistant individual’’ he encoun- editorials and material regarding the statute here and there isn’t enough to dis- qualify a seeker of the office. But a nominee tered in more than 30 federal court cases on nomination be printed in the RECORD. who has raged all his life against the guiding the issue. There being no objection, the mate- lights of American law—against the prom- The record demonstrates Ashcroft is not a rial was ordered to be printed in the ises of the Constitution itself—is not a fit uniter, but a divider—something Bush and RECORD, as follows: flame-keeper. the country cannot afford in these early ASHCROFT IS THE WRONG MAN FOR JUSTICE stages of healing. Within the ranks of the National Associa- JOHN ASHCROFT SHOULD BE REJECTED AS John Ashcroft, the man who would be at- tion of Attorneys General are 17 people who ATTORNEY GENERAL torney general, is quite a deft backpedaler. share Bush’s political affiliation, including Just a few weeks ago, he was a right-wing It was not in the United States’ best inter- moderates such as Mike Fisher of Pennsyl- ideologue dedicated to banning abortion and ests for George W. Bush, the incoming presi- vania and Carla Stovall of Kansas. We sub- fighting the civil-rights tide. Now he says dent who vowed to unite the country after a mit either would be a more suitable U.S. at- he’s eager to enforce the laws he hates. So bruising and narrowly decided election, to torney general than John Ashcroft. which Ashcroft are we getting—last year’s nominate for attorney general a man of such true believer or a Bush-era compromiser? extreme beliefs as John Ashcroft of Missouri. [From the New York Times, Saturday, Jan. It’s impossible to tell, and maybe it While that bell cannot be unrung, the Sen- 20, 2001] doesn’t matter. Whether Ashcroft is an ex- ate should not accommodate or be party to tremist in centrist garb or some sort of so drastic a move away from the political AFTER THE BALL IS OVER changeling, Americans have reason to worry. center that the country is so comfortable (By Frank Rich) They needn’t fret because of Ashcroft’s con- with now. Presidents come and go, but a Washington servative leanings; anyone President Bush In this unique case, senators—among them cliche´ is forever. Today we’ll be lectured re- sends to Justice is bound to lean that way. Washington state’s Patty Murray and Maria peatedly on the poignancy of a president’s They should worry instead about Ashcroft’s Cantwell—should forego their customary exit (not that he’s actually going anywhere), integrity. As last week’s hearings evinced, deference to a president’s Cabinet choice and the promise of a new president’s arrival, and he has less of it than his backers like to reject Ashcroft. on the glory of our Republic. We’ll be re- think. Not because of his beliefs. Because of his minded that there are no tanks in the streets For starters, there’s the small matter of record as a two-term state attorney general, when America changes leaders—only cheesy the truth. Ashcroft isn’t telling it. His dec- the public office he has held that most close- floats and aural assault weapons in the guise larations before the Senate contradict his ly resembles the one he seeks. As the na- of high school bands. record. Some of his equivocation is penny- tion’s chief attorney, he would lead the Jus- All true, and yet at this inaugural more ante—such as his claim that he’d never have tice Department, a mammoth government than any other in any American’s lifetime S936 CONGRESSIONAL RECORD — SENATE February 1, 2001 there is a cognitive dissonance between the constitutional wrongdoer’’ in the matter and thinks that if he fills the stage with black patriotic sentiment and the reality. More threatened to hold Mr. Ashcroft in contempt faces at a white convention and poses inces- Americans voted for the candidate who lost for his ‘‘continual delay and failure to com- santly with black schoolkids and talks about the election than the one who won. The ply’’ with court orders. being the ‘‘inclusive’’ president ‘‘of every- Washington Post/ABC News poll says that Mr. Ashcroft may have left even more land body,’’ he’ll persuade minority voters he’s only 41 percent believe the winner ‘‘has a mines in his testimony about the business- compassionate. He hasn’t. mandate to carry out the agenda’’ of his man, philanthropist and former law school George W. Bush likes to boast that he campaign. Even before the Florida fracas, official James Hormel, the Clinton ambas- doesn’t watch TV. He didn’t even tune in as the country’s black population rejected the sador to Luxembourg whose nomination he the nation’s highest court debated his fate, republican candidate (who assiduously tried had fought. Asked by Patrick Leahy, the Ju- leaving his princely retainers to bring him to attract black voters) by a larger margin diciary chairman, if he had opposed Mr. bulletins. Maybe it’s time for him to start than any since Barry Goldwater (who had Hormel because Mr. Hormel is gay, Mr. listening; he might even learn why so many voted against the Civil Rights Act). And now Aschroft answered, ‘‘I did not.’’ Then why Americans aren’t taking his word for John come calamities ignored in a campaign that did he oppose Mr. Hormel? ‘‘Well, frankly, I Ashcroft’s ‘‘heart.’’ I don’t doubt that our dithered about prescription drugs, tax cuts had known Mr. Hormel for a long time. He new president will give a poetic Inaugural and schools: an energy melt-down in the na- had recruited me, when I was a student in Address today, but if he remains out of touch tion’s biggest state, and a possible economic college, to go to the University of Chicago with the country, he will not be able to gov- downturn. Law School,’’ Mr. Ashcroft testified, before ern tomorrow. George W. Bush seems like an earnest man. adding a cryptic answer he would repeat two When he says he has come to Washington to times as Mr. Leahy pressed him: ‘‘I made a [From the Austin American Statesman, Jan. ‘‘change the tone’’ and ‘‘unite, not divide,’’ I judgment that it would be ill advised to 19, 2001] don’t doubt his sincerity. But so far his ac- make him ambassador based on the totality ASHCROFT’S PLEDGE TO ENFORCE THE LAW tions are those of another entitled boomer of the record.’’ who is utterly blind to his own faults. He The implication of this creepy testimony is President-elect George W. Bush missed a narcissistically believes things to be so (and that Mr. Ashcroft, having known the 68-year- chance to select a uniter to heal divisions his intentions pure) because he says they old Mr. Hormel for decades, had some goods wrought by the bruising presidential election are. on him. The use of the word ‘‘recruit’’ by Mr. when he chose John Ashcroft to be his nomi- Change the tone? As Clinton-Gore raised Ashcroft also had a loaded connotation in nee for attorney general. $33 million largely from their corporate mas- context, since it’s common for those on the The Senate Judiciary Committee’s hear- ters for their first inaugural, so Bush-Cheney religious right who argue (as Mr. Ashcroft ings this week on Capitol Hill have exposed have solicited $35 million from, among oth- does) that sexual orientation is a choice to the grave reservations some senators and ers, the securities firms that want to get accuse homosexuals of ‘‘recruiting’’ the witnesses have about Ashcroft’s fitness for their hands on your privatized Social Secu- young. the role of guardian of our country’s laws rity retirement accounts and the pharma- No senator followed up Mr. Ashcroft’s tes- and all Americans’ constitutional rights be- ceutical companies that want to protect the timony about Mr. Hormel, who, unlike an- cause of his staunchly conservative record. prices of prescription drugs. And already for- other subject of an Ashcroft character assas- At the same time, the hearings have galva- eign money is making its entrance—in the sination, Judge Ronnie White, was not in- nized Ashcroft’s supporters, who praise him form of a legal but unsavory $100,000 con- vited to testify at the hearings. I located Mr. as a man of character, principle and honesty, tribution from the deputy prime minister of Hormel by phone in Washington, where he a lawyer who would bring ample leadership Lebanon, channeled through his son. had traveled for final meetings at the State experience to the job. Now comes the news—reported by the col- Department after concluding his service in Early indications are that Ashcroft will umnist Robert Novak—that John Huang, the Luxembourg. He strongly disputed Mr. win Senate confirmation. He was, after all, a convicted Clinton-Gore fund-raiser, repeat- Ashcroft’s version of events. member of the Senate, having lost re-elec- edly took the Fifth Amendment in November ‘‘I don’t recall ever recruiting anybody for tion in November. His colleagues know him when questioned in court about his alleged the University of Chicago,’’ Mr. Hormel said well and would need extraordinary evidence fiscal ties to Republicans, including Senator in our conversation Wednesday night. As an to sink his nomination. It is customary for Mitch McConnell, the No. 1 opponent of the assistant dean involved with admissions, he senators to give deference to a president in John McCain crusade for campaign finance says, he might have met Mr. Ashcroft in selecting his team to reflect his views. As reform that Mr. Bush has yet to credibly em- passing while touring campuses to give talks any boss would attest, that tradition makes brace. (Mr. McConnell is also the husband of to prospective law school applicants, or in sense in building a loyal team, but so does Mr. Bush’s latest labor secretary-designate, later office visits about grades or cur- the Senate’s valuable role in providing con- Elaine Chao.) riculum. But, Mr. Hormel quickly adds, he firmation. Change the tone? Hard as it is to imagine doesn’t recall ‘‘a single conversation with The Judiciary Committee is carefully that anyone could choose an attorney gen- John Ashcroft.’’ Nor has Mr. Hormel seen probing Ashcroft’s record as Missouri’s at- eral as polarizing as the last, Mr. Bush has him in the three decades since; Mr. Ashcroft torney general for two terms, governor for outdone himself. With a single cabinet pick didn’t have the courtesy to respond to re- two terms and senator for one. Ironically, he has reproduced the rancor that attended peated requests for a meeting during Mr. the man from the Show Me State is being the full Clinton legal troika of Reno, Hubbell Hormel’s own confirmation process and grilled to tell us how he will perform as U.S. & Foster. didn’t bother to attend Mr. Hormel’s hearing attorney general. While his record is mixed— There’s been much debate about whether before opposing him. reflecting troubling stands on desegregation, John Ashcroft is a racist—a hard case to ‘‘I think he made insinuations which would gun control and abortion rights—his words make against a man whose history of play- lead people to have a complete misunder- to the committee offer reassurance that can ing the race card to pander to voters is bal- standing of my very limited relationship only be tested with time. anced by his record of black judicial appoint- with him,’’ Mr. Hormel says. ‘‘I fear that The attorney general serves as the coun- ments. But there has not been nearly enough there was an inference he created that he try’s chief law enforcement officer, vets fed- debate about whether our incipient chief knew me and based on that knowledge he eral judge nominees, decides which laws to legal officer has lied under oath to the Sen- came to the conclusion I wasn’t fit to be- challenge, enforces civil-rights laws and ate. come an ambassador. I find that very dis- safeguards liberties, including women’s re- Perhaps his seeming fudging and reversals turbing. He kept repeating the phrase ‘the productive rights. of his previous stands on Roe v. Wade and totality of the record.’ I don’t know what In his most important pledge, he told the gun control can be rationalized as clever record he’s talking about. I don’t know of committee his personal beliefs would not lawyerese. Perhaps some of his evasions can anything I’ve ever done that’s been called interfere with the job he will be sworn to do. be dismissed as a politicians’ typical little unethical.’’ The record that Mr. Ashcroft so ‘‘I understand that being attorney general white lies—and I do mean white—such as casually smeared includes an appointment to means enforcing the laws as they are writ- when he denies he knew that a magazine he the U.N. in 1996 that was confirmed by the ten, not enforcing my own personal pref- favored with an interview, Southern Par- Foreign Relations Committee on which Mr. erence,’’ he told the senators. ‘‘I pledge to tisan, espoused the slaveholding views of Ashcroft then sat. you that strict enforcement of the rule of Southern partisans. But it took a bolder Since Mr. Bush could easily have avoided law will be the cornerstone of justice.’’ kind of dissembling to contradict his own the divisiveness of the Ashcroft choice by Ashcroft is a fierce opponent of the U.S. paper trail in public office. After he swore picking an equally conservative attorney Supreme Court’s landmark Roe v. Wade deci- that the state of Missouri ‘‘had been found general with less baggage, some of his oppo- sion legalizing abortion. He supports a con- guilty of no wrong’’ in a landmark St. Louis nents will start calling him ‘‘stupid’’ again. stitutional amendment that would prohibit desegregation case and that ‘‘both as attor- That seems unfair. Mr. Bush’s real problem abortions even in cases of rape or incest and ney general and as governor’’ of the state he is arrogance—he thinks we are stupid. He would allow them only if the mother’s life had followed ‘‘all’’ court orders in the mat- thinks that if he vouches incessantly for the were in danger. In the hearings, he said he ter, The Washington Post needed only a day ‘‘good heart’’ of a John Ashcroft, that settles would not seek to challenge Roe v. Wade and to report the truth: A federal district judge it. It hasn’t. Polls showed an even split on viewed the abortion decisions as ‘‘the settled in fact ruled that the state was a ‘‘primary the nomination well before the hearings. He law of the land.’’ He emphasized he knows February 1, 2001 CONGRESSIONAL RECORD — SENATE S937 ‘‘the difference between an enactment role Education Secretary; Colin Powell for the Roman Catholic and Mormon reli- and an enforcement role. During my time as Secretary of State; Melquiades Mar- gions as ‘‘cults.’’ He declines to dis- a public official, I have followed the law.’’ tinez as Housing and Urban Develop- avow the Southern Partisan Quarterly He defended his fight against landmark de- Review, a magazine which, incredibly, segregation cases in St. Louis and Kansas ment Secretary; Anthony Principi as City, saying he had never opposed integra- Secretary of Veterans Affairs; Mitchell has defended slavery. He has sponsored tion. But The Washington Post reported E. Daniels, Jr. to be Director of the Of- as many as seven constitutional Thursday that court documents show the fice of Management and Budget; amendments to the U.S. Constitution, state of Missouri was labeled by a federal Tommy G. Thompson for Secretary of including one which would outlaw most district judge as a ‘‘primary constitutional Health and Human Services; Norman forms of contraception, and take away wrongdoer’’ in perpetuating segregated Mineta as Transportation Secretary; a woman’s constitutional right to de- schools in St. Louis. In 1981, U.S. District Elaine Chao as Secretary of Labor; termine for herself whether to have an Judge William Hungate threatened to hold early abortion, even where rape, incest, then-state Attorney General Ashcroft and Gale Norton as Interior Secretary; and the state in contempt for ‘‘continual delay Christine Todd Whitman as Environ- or severe physical injury would be in- and failure to comply’’ with orders to file a mental Protection Agency Director. volved. desegregation plan. Hungate wrote later, Even though numerous of these peo- Senator Ashcroft’s record indicates ‘‘The state has, as a matter of deliberate pol- ple have used positions that are con- that he has not always distinguished icy, decided to defy the authority of this trary to my own, I have respected the between his strident advocacy and his court.’’ President’s nominations, and have cast willingness to enforce the law of the Ashcroft also had to deflect criticism for my votes on all 15 of these instances in land. As the Missouri Attorney Gen- blocking Ronnie White, the first black Mis- eral, he did all in his power to under- souri Supreme Court justice, from becoming favor of the President’s nominee. a federal judge. In U.S. Senate proceedings in The U.S. Constitution, however, re- mine a voluntary school desegregation 1999, Ashcroft called White ‘‘pro-criminal,’’ quires the Senate to consider consent plan in St. Louis, denouncing vol- although White voted to uphold the death or rejection of Cabinet nominees, and untary desegregation as ‘‘an outrage penalty in 41 of 59 cases. ‘‘I deeply resent the Senate was not intended by the against human decency.’’ The St. Louis those baseless accusations,’’ White told the founders of our Nation to be simply a Post Dispatch described his campaign Judiciary Committee on Thursday. Ashcroft ‘‘rubber stamp’’ for any President. I am as ‘‘exploiting and encouraging the said White’s dissents didn’t meet the stand- particularly troubled by this nomina- worst racist sentiments that exist in ards for retrying cases. tion for Attorney General, knowing the state.’’ Ashcroft’s defenders make their best case when they give examples of how the nominee that office does not serve as ‘‘the Presi- Perhaps most of all, I am troubled by enforced laws to which he was personally op- dent’s personal lawyer’’—the President Senator Ashcroft’s handling of the posed. He once argued as attorney general has White House counsel for that pur- Judge White nomination. After the against the dissemination of religious mate- pose—but that the Attorney General Pope, in a visit to St. Louis, had con- rials on public school grounds, even though serves as the peoples’ lawyer; he is an vinced Governor Mel Carnahan, Sen- he favored the practice. He created the struc- advocate for all Americans in our ator Ashcroft’s opponent at the time, ture for a lottery when it won approval in courts of law. to not execute a certain Missouri pris- Missouri, even though he calls gambling a I have applauded President Bush’s ex- oner, Ashcroft saw an opportunity to ‘‘cancer.’’ In other matters, he balanced eight straight budgets, increased education pressions of support for bipartisan Gov- vilify Carnahan as ‘‘soft on crime.’’ funding, championed consumer protection ernment and the kind of political mod- One of his strategies was to depict a and advocated online privacy bills. eration that will bring Americans to- distinguished and highly regarded Afri- If his nomination is affirmed, as it appears gether rather than tear them apart. In can American judge as ‘‘anti-death it will be, in time Ashcroft will be tested on turn, I have helped organize a ‘‘centrist penalty’’ and use the blocking of his his words to senators that no part of the Jus- caucus’’ of Republicans and Democrats nomination to Federal district court as tice Department is more important than the in the Senate, and a ‘‘New Democratic’’ a high profile means of claiming he Civil Rights Division and on his pronounce- organization consisting of moderate would be tougher on crime then Gov- ment, ‘‘My primary personal belief is that the law is supreme.’’ Americans will be Democrats committed to working with ernor Carnahan. This despite the fact counting on him to show us by his actions moderate Republicans. I believe this is that Judge White had been endorsed by that his words weren’t convenient window- the kind of Government the American Republicans and Democrats as well as dressing for a record that reflects effective people want, and that they are weary the Missouri Bar Association and had public service but falls short of inspiring na- of political extremism and harsh upheld death sentences at about the tional bipartisanship. ideologies of either the left or right. same rate as all other members of the The ACTING PRESIDENT pro tem- I must conclude, based on testimony Missouri Supreme Court. pore. Under the previous order, the in Senate hearings, and from a review The very conservative columnist Stu- time until 9:45 a.m. is under the con- of Senator Ashcroft’s years in elective art Taylor, wrote that the Judge White trol of the Senator from South Dakota, office, that this man is the wrong man incident alone renders Senator Mr. JOHNSON. at the wrong time for the high office of Ashcroft to be ‘‘unfit to be Attorney Mr. JOHNSON. Mr. President, while I Attorney General. If ever there was a General.’’ Taylor stated, ‘‘The reason have cast votes in favor of all 15 of nominee who has committed his years is that during an important debate on President Bush’s nominees to come of public service to rejecting biparti- a sensitive manner, then-Senator thus far before the Senate, I rise today sanship and moderation, it is Senator Ashcroft abused the power of his office to say, sadly, that I cannot vote in Ashcroft. This nominee has stated re- by descending to demagoguery, dishon- favor of Senator John Ashcroft for the peatedly that he will never be a party esty and character assassination.’’ I do office of Attorney General of the to moderation, or to conciliation be- not contend that Mr. Ashcroft is a rac- United States. tween the parties. He has consistently ist, but I do believe his handling of this My position on Cabinet level nomi- mocked the very notion of bipartisan- matter was characterized by naked po- nees during both Republican and ship during his years in the Senate. He litical opportunism, dishonesty, and an Democratic Presidencies has remained is famous for his observation when he utter disregard for justice. the same: a presumption in favor of a says that only two things will be found I have no illusions about the end re- President’s nomination rests with the in the middle of the road—dead skunks sult of the vote on the Senate floor; nominee, and they should be rejected and moderates, and I will be neither. Senator Ashcroft will be confirmed. I by the Senate only under extraor- How now, can Senator Ashcroft gain have stated my opposition to any fili- dinary circumstances. Thus far during the confidence of all the American peo- buster effort on this mater. A filibuster the 107th Congress, I have voted in ple that he will be their defender and would have resulted in the need for favor of: Paul O’Neill for Treasury Sec- their advocate? Senator Ashcroft to secure 60 votes retary; Spencer Abraham for Energy Senator Ashcroft refuses to distance rather than 51. While tactically, this Secretary; Donald Evans for Commerce himself from Bob Jones University might have increased the likelihood of Secretary; Donald Rumsfeld for De- where he received an honorary degree, defeating his nomination, it is a proc- fense Secretary; Ann Veneman for Ag- despite that institution’s harsh criti- ess which has never been used on Cabi- riculture Secretary; Roderick Paige for cism of the Pope as ‘‘anti-Christ’’ and net confirmations before, although S938 CONGRESSIONAL RECORD — SENATE February 1, 2001 Senator Ashcroft, himself, has used it the law of this country regarding some- licans for applying too tough a stand- against sub-Cabinet appointments and thing that heinous. In airplane hijack- ard to the nomination of Bill Lann Lee has frequently voted against cabinet ing, assassination, any one of these to head the Civil Rights Division, yet nominees. I believe President Bush is things where the Attorney General we seem to be applying the same stand- entitled to a fair, up-and-down vote on gets involved in making decisions of ard to Senator Ashcroft. When Bill his nominee. Although the confirma- who gets prosecuted, what the pen- Lann Lee swore under oath and reiter- tion is then, virtually certain, I want alties are, nobody questions, no matter ated time and time again that he would to make it clear that I will have noth- who is Attorney General, instituting enforce the law, we were told by our ing to do with supporting this par- the full force of that law. friends on the Republican side of the ticular one of the 16 Presidential nomi- However, it is the discretionary areas Senate, this wasn’t good enough, we nations to come before the Senate so that are troublesome. Many Members couldn’t accept that—basically using far. in this body have been prosecutors. We the same words Senator Ashcroft used. Senator Ashcroft, I believe, is the know everybody who is an Attorney The difference is we were prepared to wrong man to help heal America’s divi- General, a district attorney, is faced vote against; they wouldn’t allow a sions, the wrong man to lead the U.S. with a number of issues where you can vote. If they didn’t believe him, they Department of Justice, and the wrong apply the law at any one area of sever- chould have voted against him; if they man to serve as the guardian of the ity. We all know you can decide the in- were for him, they could have voted for constitutional rights of all the diverse terest of society might be not to apply him. people of our nation. I take my oath to the law, not to seek an indictment. We It is different here. Here we are de- the U.S. Constitution seriously, and I also know that any prosecutor has bating Senator Ashcroft to be Attorney broad discretionary powers in what to also take my South Dakota values of General. We actually received the nom- investigate and what not to inves- fairness, and integrity very seriously— ination in the Senate earlier this week. tigate; when to initiate a case, when to for that reason I will vote no on this After the then-President-elect said he withhold a case; when to drop a matter nomination. was going to nominate him, we moved or to settle a case. What do you do, for The ACTING PRESIDENT pro tem- forward to have a hearing and com- example, in antitrust? Do you bring pore. The Senator from Vermont. pleted the hearing prior to the Presi- the suit? Do you drop the suit? What do Mr. LEAHY. Mr. President, I thank dent’s inauguration. That is a major you do in seeking a civil rights rem- my friend from South Dakota. He is edy? Do you look into it or not? What difference. We are going to vote on one of the most thoughtful Members of happens if you think there has been him. this body. I know he has spent a great Bill Lann Lee—we should point out, voter fraud that may affect your party deal of time researching this. I know if people are going to raise that as a and not the other party? Do you still on an issue such as this, when it was look at it as strictly, or not? standard—Bill Lann Lee, a fine, dedi- time to make his decision, there were The Attorney General is not the cated person, who swore to uphold the only two elements that totally influ- President’s attorney. In fact, it should law, was never even given the courtesy enced him—his conscience and his oath be pointed out that the President is al- of a vote by the Senate. of office. I know my friend from South lowed to appoint a White House coun- Senator Ashcroft can be asked how Dakota upheld them both. sel—anybody he wants—and there is no he interprets the oath of office. It is Mr. President, I do not see anybody Senate confirmation. The reason for the same oath of office he will take as on the Republican side at the moment. that is very simple: We have all be- U.S. Attorney General. It is the one he The order gives them control of this lieved whoever is President should took as Missouri’s Governor and attor- debate from 9:45 until 10 o’clock. I ask have counsel, a lawyer, representing ney general. That is why we have consent to be able to continue. I know him and his interests in the White raised so many of the points in the I have 4 minutes remaining, but if need House with whom nobody else can hearing. They demonstrate an interpre- be, I ask unanimous consent to take interfere. Every President has done tation of his oath of office in the past, another 5 minutes with the under- that. It makes sense the President will his interpretation of law that he now standing I will yield that back imme- pick them and we can’t question them. claims during 2 days of hearings, an en- diately if a member of the Republican We can’t say, you shouldn’t have tirely different interpretation from Party shows up to take their time, and picked this person; you shouldn’t have what he has shown for 25 years prior to I so ask unanimous consent. picked that person. That is the Presi- those 2 days of hearings. The ACTING PRESIDENT pro tem- dent’s own attorney. I yield the floor and suggest the ab- pore. Without objection, it is so or- The Attorney General is different. sence of a quorum. dered. The Attorney General is different from The ACTING PRESIDENT pro tem- Mr. LEAHY. Mr. President, my good anybody else in the Cabinet because pore. The clerk will call the roll. friend from Arizona, Senator KYL, had the Attorney General is not a political The legislative clerk proceeded to mentioned me by name on several oc- officer and a political arm of the White call the roll. casions during his remarks. I will take House. The Attorney General rep- Mr. SARBANES. Mr. President, I ask a moment to respond to two of the resents all of us, whether rich, poor, unanimous consent that the call for points of the distinguished Senator black, white, Democrat, Republican, the quorum be rescinded. from Arizona. old, young, conservative, liberal, mod- The ACTING PRESIDENT pro tem- First, he said we somehow put Sen- erate. We are all represented by the At- pore. Without objection, it is so or- ator Ashcroft in an impossible catch-22 torney General. That is why the Attor- dered. situation where, if he promises to en- ney General is given such enormous The Senator from Maryland is recog- force the law, it is described as a con- discretion—in fact, in many instances nized and has control of the time until firmation evolution or a metamor- well beyond, whether the President 10:15 a.m. phosis. I think that is a significant likes it or not. The President can al- Mr. SARBANES. Mr. President, first oversimplification of what the record ways fire the Attorney General, but I want to say to the former chairman shows. the Attorney General has that discre- of the Senate Judiciary Committee— I had the record here yesterday. It is tionary power. for 17 days, from January 3 until Janu- well over 2 feet high in just the ques- When Senator Ashcroft says he will ary 20—the very able and distinguished tions and answers. exercise that discretion in a manner Senator from Vermont, I commend him It also oversimplifies what the job of that respects settled law, a number of for the hearings he held on the nomina- the Attorney General is. It is not sim- areas in which he aggressively and vig- tion of John Ashcroft to be the Attor- ply to enforce the law. Nobody ques- orously opposed throughout his career, ney General of the United States. I had tions the fact that if you have some then it is understandable that many the opportunity to watch some of the terrible crime—Oklahoma City, for ex- Members may be troubled and skep- hearings. I followed them in the press. ample—whoever is the Attorney Gen- tical. I think the able Senator from Vermont eral will enforce the law and bring My friend from Arizona says many conducted a very comprehensive, very down the full force of the majesty of Members have criticized the Repub- careful hearing with respect to former February 1, 2001 CONGRESSIONAL RECORD — SENATE S939 Senator Ashcroft. I think he is much to The Attorney General controls a very firmation. But if Mr. Bush is entitled to the be commended for doing an out- large budget, over $20 billion. He di- attorney general he wants, he is not entitled standing job. He obviously took very rects the activities of almost 125,000 at- to take pride in the pick, and we fear it is one that may not serve him or the country seriously the responsibilities of the torneys, investigators, Border Patrol well. Senate with respect to its constitu- agents, deputy marshals, correctional Mr. Ashcroft’s views and record put him on tional advise and consent role. officers, and other employees in over the far right edge of Republican politics. It is I thought a major effort was obvi- 2,700 Department of Justice facilities not just that we disagree with many of his ously made to hear from all sides on throughout this country and in 120 for- positions, on issues ranging from gun control this important question. It meant eign cities. He supervises the selection to campaign finance reform; it is that Mr. Ashcroft seems in a different place from that going late into the evening on more and actions of the 93 U.S. attorneys than 1 day. But I thought it was a which Mr. Bush seemed to promise for his and their assistants; the U.S. marshals; administration during his campaign and model of how hearings ought to be con- supervises the Federal Bureau of Inves- again yesterday in his inaugural address. ducted. tigation; the Immigration and Natu- The Missouri politician’s support for a con- It was not pro forma. It really probed ralization Service; the Drug Enforce- stitutional amendment banning abortion deeply into some very basic and funda- ment Agency; the Bureau of Prisons; even in cases of rape is only one example. mental questions, and I, for one, want and many other Federal law enforce- Last week he indicated in committee testi- mony that he would have no difficulty living to express my very deep appreciation ment components. to the Senator from Vermont for the with Mr. Bush’s more nuanced views, but if Furthermore, the Attorney General his lifelong crusade against abortion has way he planned and conducted those evaluates judicial candidates, rec- stemmed from deep conviction—which we hearings. The Senate is in his debt. ommends judicial nominees to the have no reason to doubt—it is hard to under- Mr. LEAHY. Mr. President, I appre- President, advises the executive branch stand how that could be so easily switched ciate that very much coming from one on the constitutionality of bills and off. The same is true of his intolerance of ho- of the intellectual giants of the Senate, laws, determines when the Federal mosexuality. my good friend from Maryland. I appre- More troubling than his views have been Government will go into court, what ciate what he said. He and I are two Mr. Ashcroft’s inflammatory political tac- statutes to defend in court, what argu- who believe strongly in the Senate’s tics. On a range of issues—as a governing ments to make to the Supreme Court philosophy, in fact—Mr. Ashcroft has explic- role and to do all we can to carry it and other courts. itly belittled moderation; he would now as- out. I appreciate his kind words. In other words, as the Senator from sume a job that demands a sense of balance, Mr. SARBANES. Mr. President, I rise Vermont pointed out, the Attorney of respect for opposing views. He helped in opposition to the nomination of General exercises a very broad discre- block, as senator, the confirmation of well- John Ashcroft to be the Attorney Gen- qualified nominees whose views he found eral of the United States. I do not do tion in terms of the judgments he noxious; we think in particular of James this lightly. I recognize, of course, the makes and the actions he takes. There- Hormel, whom Mr. Ashcroft deemed unfit to argument that is made that Presidents fore, it simply does not dispose of the serve as ambassador to Luxembourg because ought to be able to have their Cabinet issue of how someone will perform in of his advocacy of gay rights, and Bill Lann the office to assert that he will carry Lee, whom Mr. Ashcroft opposed for a Jus- picks. I have generally in the past, al- tice Department position on civil rights. though not always, deferred to that out the laws of the United States. I would hope so. It is not much of a Most troubling of all is the designee’s concept, although I think it obviously record of insensitivity toward those rights, a can be overdone, and the Senate needs threshold for a Cabinet nominee to as- record that raises doubts about whether the to be careful not to be taken down the sert that, if confirmed, he will carry Justice Department can maintain its role in path in which we simply become rubber out the laws of the United States? a Bush administration as a defender of mi- stamps with respect to nominations for That is the minimum threshold. In norities in need of legal help. In 1984, Mr. the instance of the Attorney General, Ashcroft based his gubernatorial primary the Cabinet. If that is what the Found- campaign on his zealous opposition as attor- ing Fathers had intended, presumably there is a broad range of activities that are subject to his judgment and discre- ney general to a voluntary desegregation they never would have put the advise plan for St. Louis’s public schools, boasting and consent function in the Senate tion, subject to the Attorney General’s on the trail that his tactics had risked a con- with respect to nominees to the execu- sense of priorities, and that, of course, tempt of court citation and using television tive branch of the Government. is what raises some very difficult ques- attack ads to charge that his Republican pri- Of course, the judiciary is an entirely tions with respect to this nomination. mary opponent was too soft in opposing de- separate matter since it is an inde- Senator Ashcroft has never hidden segregation. While considering a run for the fact that he has planted himself at president in 1999, Mr. Ashcroft granted an pendent branch of the Government, and interview to Southern Partisan magazine, I think there the standard is much the extreme of the political spectrum. In fact, he has taken pride in that fact which glorifies the former Confederacy, and higher and much less acknowledgment accepted an honorary degree from Bob Jones or deference should be given to the and asserted it in the course of his po- University in South Carolina, site of a key President’s judgment. But I recognize litical career. Moderation is not a word GOP primary. In testimony last week he the argument that is made with re- which enters into his political think- claimed ignorance about the magazine’s spect to Cabinet members. ing. In fact, on more than one occasion, more odious aspects, but in his interview he On the other hand, I think it is very he has belittled moderation, as the explicitly endorsed its efforts to burnish the important when we consider Cabinet Washington Post pointed out in an edi- reputations of Confederate leaders. Mr. Ashcroft also declined during his confirma- appointments, and particularly an of- torial just a few days ago. Mr. President, I ask unanimous con- tion hearing to repudiate his association fice such as the Attorney General, to with and praise for Bob Jones (‘‘I thank God be very careful in judging how the very sent to printed the editorial in the for this institution’’), which maintained a important responsibilities of that of- RECORD. ban on interracial dating at the time of his fice will be carried out. There being no objection, the mate- visit. I thought the Senator from Vermont rial was ordered to be printed in the Finally, as he prepared for his reelection made a very important contribution to RECORD, as follows: campaign for the U.S. Senate last year, then- Sen. Ashcroft grossly distorted the record of [From the Washington Post, Jan. 21, 2001] this debate in his statement when he black Missouri supreme court judge Ronnie outlined the importance of the position WRONG FOR JUSTICE White in opposing his appointment to a fed- of the Attorney General. I am not sure The Constitution assigns to the Senate the eral appeals court, as we wrote in this space enough focus has been placed on that duty to provide a president advice and con- at the time. On the Senate floor, Mr. dimension. sent on his nominations. Had George W. Ashcroft portrayed the respected judge as a The Senator pointed out that it is a Bush sought senators’ advice before desig- man with a ‘‘tremendous bent toward crimi- position of extraordinary importance; nating John Ashcroft as his choice for attor- nal activity.’’ In one case, Mr. White had fa- that the judgment and priorities of the ney general, the answer, in our view, would vored a new trial for an African American have been easy. Former senator Ashcroft is person who is the Attorney General af- convicted before a judge who had made ra- the wrong man for that job. But a president cially inflammatory statements; Mr. fect the lives of all Americans; that the is entitled to wide latitude in picking his ad- Ashcroft claimed on the Senate floor, false- Attorney General is the lawyer for all visers, wider than in selecting judges whose ly, that Judge White’s complaint was that the people and the chief law enforce- tenure will outlast his, and in part for that the judge in question opposed affirmative ac- ment officer in the country. reason Mr. Ashcroft seems likely to win con- tion. S940 CONGRESSIONAL RECORD — SENATE February 1, 2001 Mr. Ashcroft argues that in each of these ments that will be necessary for the crime, pulling over minority drivers for one instances he was stressing legitimate policy person who runs the [Civil Rights] Di- reason—their race. positions, such as opposition to busing, sup- vision.’’ It was an important reminder that dis- crimination is still very much alive in Amer- port for state’s rights and resistance to a That is the mental framework, the soft-on-crime judiciary. But deliberately or ica. not, he was also playing racial politics. perspective that he brought to this During Ms. Reno’s tenure, Justice Depart- Senators traditionally have voted to con- very important nomination as the head ment lawyers delved into problems in em- firm nominees whose ideologies they reject, of the Civil Rights Division in the De- ployment, fair housing and lending, edu- and that is not a tradition to be lightly set partment of Justice. I do not intend to cation, public accommodations and voting. aside. We opposed Mr. Ashcroft’s own tend- simply turn that standard and apply it They investigated Americans With Dis- ency to block nominations on ideological to him but I do think it is indicative of ability Act violations, enforced federal laws protecting access to abortion clinics. grounds, a standard that seems no more an attitude and of a mindset that gives right when turned against him. Moreover, it The point: Ms. Reno didn’t merely ac- is troubling to see opponents overreach and me great pause when I come to con- knowledge or respect the existence of civil demonize the Ashcroft record, as in Sen. Ed- sider someone who is going to exercise rights and other laws designed to protect ward Kennedy’s distortion that Mr. Ashcroft the kind of discretion and broad range Americans. She embraced them and enforced considers the U.S. government to be a tyr- of judgments that are placed in the them doggedly, because discrimination still anny. By the same token, though, Mr. hands of the Attorney General of the robs entire classes of Americans of their Ashcroft’s defenders are mistaken when they United States under the statutes of our most basic liberties. allege that opposition to him is simply a That brings us to the troubling nomination country. of former Missouri Sen. John Ashcroft to manifestation of religious prejudice or par- Another instance I want to point to tisan politics. head the Justice Department. If Mr. Ashcroft is confirmed, he, and even which has given me great concern is His record suggest no such embrace of civil more the president, will incur a particular what John Ashcroft did to Judge Ron- rights laws or the premise of equal protec- obligation to staff the Justice Department nie White. As others have spoken at tion under law. Many things he has said and with people of demonstrated fairness and in- length on that, I will not go into it in done betray a vicious hostility toward them. He has blasted the judiciary (which he tegrity and to show that they can administer any great detail, But Judge White was calls the least representative branch of gov- the law even-handedly. With this appoint- ambushed on the floor of the Senate. ernment) for granting ‘‘group rights’’ to mi- ment, it seems to us, Mr. Bush has taken on That, simply put, is what it amounted norities, without regard to the group dis- a burden he did not need. We hope, for his to. And that ambush was, in effect, crimination that necessitates those rights. sake and the country’s, that as attorney gen- staged by John Ashcroft. He has opposed public school desegrega- eral Mr. Ashcroft would behave as the meas- tion—in one instance to the point of being ured and reasonable man he portrayed at Judge White is a man who worked his way up, the classic American oppor- threatened with judicial contempt—and pro- last week’s hearings, and not with the oppor- posed a constitutional amendment to outlaw tunism that has marred his career. tunity story, to become a judge on the abortion in all forms for any reason. (Mr. ALLEN assumed the Chair.) highest court of the State of Missouri, And he has defended or stood mute in the Mr. SARBANES. I now quote from an African American who broke a bar- face of other institutions that attack the that editorial: rier when he went on that court. He very premise of equal rights—Bob Jones Uni- More troubling than his views have been was then nominated to be a Federal versity, a neo-Confederate magazine called Mr. Ashcroft’s inflammatory political tac- district judge. His nomination was Southern Partisan, even groups with ties to tics. On a range of issues—as a governing brought out of the Judiciary Com- the Ku Klux Klan. His record has inspired progressive groups philosophy, in fact—Mr. Ashcroft has explic- mittee. The arguments used on the around the country to oppose Mr. Ashcroft’s itly belittled moderation; he would now as- floor to ambush him were not raised in nomination. It’s also why some Democratic sume a job that demands a sense of balance, the Committee. On the floor the Senate senators are threatening a filibuster to block of respect for opposing views.... was told that ‘‘he has a tremendous a confirmation vote. Those of us who have interacted with bent toward criminal activity.’’ Imag- We share the concerns about Mr. him in the Senate have spoken about ine saying that about a sitting judge of Ashcroft’s civil rights record. We worry that the intensity and the zeal of his posi- the State’s highest court, a statement his confirmation as attorney general could mean the end of the Justice Department’s tions as an advocate, and I recognize which upon examination cannot be sus- that. In fact, he has asserted it as one important efforts to level Americas uneven tained. playing fields. of his great political strengths and Furthermore, Senator Ashcroft ar- But that alone would be insufficient for us something in which he takes a great gued about White that, if confirmed to call for derailing a Cabinet nominee. Gen- deal of pride. ‘‘he will use his lifetime appointment erally, we believe presidents should be given He has taken a number of positions to push law in a pro-criminal direction wide latitude in making their appointments. which are well outside the mainstream There is another, a more important reason consistent with his own personal polit- to oppose Mr. Ashcroft—his character. of thinking—most Americans, I think, ical agenda.’’ are in the middle of the road. Senator When Mr. Ashcroft tanked the federal judi- No wonder that legal columnist Stu- cial nomination of Ronnie White, he dem- Ashcroft has been quoted as saying art Taylor, wrote in an article that onstrated recklessness with truth and integ- that there are only two things you find John Ashcroft’s treatment of Judge rity that the nation can’t countenance in an in the middle of the road—a moderate White alone makes him unfit to be At- attorney general. and a dead skunk. torney General. He lied about Mr. White’s stance on death I think one will find most of the penalty cases, painting him as an anti-death The reason is that during an important de- penalty maverick when, in fact, Mr. White American people are in the middle of bate on a sensitive matter, then-Senator the road. had affirmed death sentences 71 percent of Ashcroft abused the power of his office by de- the time as a Missouri Supreme Court judge. There are extreme ideological posi- scending to demagoguery, dishonesty and And to this date, Mr. Ashcroft has not tions here which of course, raise impor- character assassination. owned up to what he did. During his own tant questions. In fact, when Senator The Baltimore Sun, in an editorial of confirmation hearings before the Senate Ju- Ashcroft held up the nomination of Bill yesterday—I ask unanimous consent diciary Committee, Mr. Ashcroft defended Lann Lee to be the head of the Civil that this editorial be printed in the what he did to Mr. White—and denied that it represented a distortion of the truth. Rights Division—a man of extraor- RECORD. dinary qualification and dedication, a Whatever the reasons for Mr. Ashcroft’s There being no objection, the mate- actions, they speak to a willingness to pur- life story that ought to command the rial ordered to be printed in the sue his own agenda by any means necessary, respect and admiration of all Ameri- RECORD, as follows: without regard to veracity of fairness. cans—he argued that Lee is ‘‘an advo- [From the Baltimore Sun, Jan. 31, 2001] That makes it difficult—or near impos- cate who is willing to pursue an objec- sible—to imagine Mr. Ashcroft setting a tive and to carry it with the kind of in- ASHCROFT ISN’T RIGHT FOR ATTORNEY credible legal agenda from the seat of the na- GENERAL tensity that belongs to advocacy, but tion’s highest law enforcement officer. not with the kind of balance that be- Few people had ever heard of racial It also makes it hard to believe any of profiling a few years ago. what Mr. Ashcroft said during his testimony longs to administration . . . his pursuit But now it’s a household phrase, because before the Senate Judiciary Committee, of specific objectives that are impor- former Attorney General Janet Reno’s law- when he passionately stated he would abide tant to him limit his capacity to have yers proved many police departments were by and enforce laws that don’t necessarily the balanced view of making the judg- treating skin color as if it were a highway coincide with his personal beliefs. February 1, 2001 CONGRESSIONAL RECORD — SENATE S941 The Senate Judiciary Committee voted sured by the expectation that all 50 Repub- for the beliefs and rights of all Americans yesterday to confirm Mr. Ashcroft. The full licans and a number of Democrats will vote have to be governing realities at the Depart- Senate could vote by Thursday. to approve Mr. Ashcroft. But the matter is ment of Justice. A ‘‘no’’ vote in the full chamber—however more complex than that. We do not argue that Mr. Ashcroft is a bad unlikely that might be—is the only course As in our first commentary on Mr. man. We do assert that his record makes him that will save the Justice Department from Ashcroft’s nomination, we stipulate that we a regrettable appointee for a new president the taint of Mr. Ashcroft’s improbity. are convinced he is a man of sincere convic- who speaks with conviction about creating Mr. SARBANES. In commenting on tion and personal rectitude. But the testi- an atmosphere of reassurance for all mem- mony before the Judiciary Committee estab- John Ashcroft’s distortion of Judge bers of the American family. Given this lished that he is not a nuanced or tolerant newspaper’s long history of defending civil White’s record, said: thinker about law, about constitutional tra- liberties, reproductive freedom, gay rights Whatever the reasons for Mr. Ashcroft’s dition or about the general direction of an and racial justice, we cannot endorse Mr. actions, they speak to a willingness to pur- increasingly diverse American society. Ashcroft as an appropriate candidate to lead sue his own agenda by any means necessary, Any reasonable reading of the extensive a department charged with providing justice without regard to veracity or fairness. Judiciary Committee testimony shows that for all Americans. But recognizing that his This from an editorial in the Balti- Mr. Ashcroft’s zeal has overruled prudence in confirmation is probable, we can hope that cases that bear directly on issues relevant to Mr. Ashcroft’s performance as attorney gen- more Sun entitled ‘‘Ashcroft isn’t right the Department of Justice. For example, the for attorney general.’’ eral will be based on the president’s inau- desegregation of public schools, often under gural vision of ‘‘a single nation of justice and I just want to add one other instance voluntary agreements supervised by federal opportunity’’ rather than on the general phi- or example of the kind of approach and courts, has bipartisan roots reaching back to losophy of Mr. Ashcroft’s public career to attitude in John Ashcroft’s record that the Eisenhower presidency. But as Missouri date. concerns me. attorney general, Mr. Ashcroft opposed a Mr. SARBANES. I thank the Chair. court-approved voluntary desegregation plan When he was attorney general of the The PRESIDING OFFICER. I thank State of Missouri, charged with car- for St. Louis and failed to come up with an alternative that would have ameliorated the the Senator from Maryland. rying out the laws, he repeatedly, in segregated conditions. Under the previous order, the time school segregation cases, was rebuked Mr. Ashcroft’s tactics in blocking Judge until 10:30 shall be under the control of and overruled by the courts, both State Ronnie White’s elevation from the Missouri the majority party. and Federal courts, on very sensitive Supreme Court in the federal bench raise The Chair recognizes the assistant and important school segregation problems of another sort. Judge White had a majority leader, the Senator from strong record of supporting capital punish- cases. Oklahoma, Mr. NICKLES. In my view, he has had a consistent ment and often voted with Mr. Ashcroft’s ap- pointees on the Missouri Supreme Court. But Mr. NICKLES. Mr. President, thank record of being at the extreme, of tak- on the floor of the Senate, Mr. Ashcroft ad- you very much. ing positions well outside the main- vanced the fabricated charge that Judge Mr. President, I rise in total and stream. And we are now faced with the White was ‘‘pro-criminal’’ and had ‘‘a tre- complete support of John Ashcroft to question of whether he should be mendous bent toward criminal activity.’’ be the next Attorney General of the placed in a position where he will have Before the Judiciary Committee, Mr. United States. I do that with great broad discretion and will be making Ashcroft persisted in this demagogic attack, pleasure, and with pride, because I insisting that he was merely exercising his very sensitive judgments. It is a posi- know him. And I am not amused when tion that the whole country looks to to prerogative as a senator to reach an inde- pendent judgment. He was equally I hear people talking about John sustain its civil rights and its civil lib- unpersuasive in explaining his plainly Ashcroft in a way that is not the John erties. homophobic opposition to the confirmation Ashcroft I know. The Nation needs to have confidence of James Hormel as ambassador to Luxem- I know John Ashcroft. I have served that the person serving as Attorney bourg. Mr. Hormel is a man of sterling legal with John Ashcroft. I have spent hours General will personify fairness and jus- and diplomatic credentials. Yet Mr. Ashcroft and hours and hours with John tice to all our people all across our declared that he opposed Mr. Hormel based Ashcroft on a multitude of issues. I country. on the ‘‘totality’’ of his record. As President Bush likes to say, we cannot have absolute, total, and complete con- The PRESIDING OFFICER. The time read what is in another’s heart. But neither fidence that he is going to be one out- of the Senator from Maryland has ex- can any civic-minded participant in this standing Attorney General of the pired. process fail to consider Mr. Ashcroft’s his- United States. Mr. SARBANES. I ask unanimous tory of opposition and code-worded con- He is as qualified as anybody that consent to speak for another 30 sec- demnation of those whose color, sexual pref- has ever been an Attorney General. If onds. erence, religious views and attitude toward you look at his qualifications, he was The PRESIDING OFFICER. Without abortion differ from his own. On the issue of abortion, Mr. Ashcroft attorney general for the State of Mis- objection, it is so ordered. swore that his 30-year history of legislative souri for 8 years. He was named head of Mr. SARBANES. The New York and constitutional attacks on abortion the National Association of Attorneys Times, in an editorial opposing this rights would not lead him to oppose the ‘‘set- General which means the other attor- nomination, made reference to Presi- tled law’’ supporting those rights. Of equal neys general all across the country dent Bush’s inaugural visions of ‘‘a sin- importance, he testified under oath that he elected him to be their leader. gle nation of justice and opportunity.’’ would not use his powers as attorney general I have heard some of my colleagues In my view John Ashcroft does not to invite a Supreme Court reversal of Roe v. say he is extreme. That is not the type carry out that vision. I oppose his nom- Wade, the ruling that guarantees reproduc- tive freedom of choice for American women. of person a bipartisan group of Attor- ination. I ask unanimous consent that We welcome those statements as a solemn neys General would pick. He would not this editorial be printed in the RECORD. pledge to the American people on a pivotal have been picked as the head of the Na- There being no objection, the mate- issue of civil liberties and constitutional tional Association of Attorneys Gen- rial was ordered to be printed in the law. But that reassurance does not lift from eral. RECORD, as follows: this page or the Senate the obligation to He served for 8 years as Governor of [From the New York Times, Jan. 23, 2001] look at the entire mosaic pieced together by the State of Missouri. He was elected the Judiciary Committee. In the Senate, Mr. OPPOSING THE ASHCROFT NOMINATION Ashcroft’s legislative record shows a public head of the National Governors’ Asso- The days after an inauguration are always official with a history of insensitivity to mi- ciation. Again, that is not an extrem- marked by a spirit of optimism and well- nority concerns and a radical propensity for ist. That is not somebody outside the wishing. But it also has to be a time for offering constitutional amendments that mainstream. He was elected by his marking out fundamental principles that would bring that document into alignment peers, by the bipartisan group of Gov- should come into play as the nation seeks with his religious views. He even favored an ernors, to be head of the National Gov- the new civic accord that President George amendment to make it easier to revise the ernors’ Association. W. Bush eloquently endorsed in his inaugural Constitution. He then was elected to the Senate address. It is within this framework that the We urge a unified Democratic vote in the Senate should consider the nomination of Senate against confirmation. If 40 or more which is how I really got to know him. John Ashcroft as attorney general. Democrats cast a vote of principle against Of course, I had known him by reputa- For our part, we wish that we could simply Mr. Ashcroft’s record, he and Mr. Bush will tion as being an outstanding attorney acquiesce in a confirmation that seems as- be on notice that sensitivity to and regard general and outstanding Governor. S942 CONGRESSIONAL RECORD — SENATE February 1, 2001 He was an outstanding Senator. He Judge White. Well, I voted against privilege to know John Ashcroft. We served 6 years in this institution. I Judge White, and I would vote against know him. We know him well. I know served with him in countless meetings, him again. Why? I have been in the him well. I am very proud to cast my and I could not have come away know- Senate for 20 years almost as long as vote today in support of John Ashcroft ing a person of greater intellect and in- Senator LEAHY, the ranking minority to be the next Attorney General. I look tegrity—a person of conviction, a per- member on the committee. I don’t re- forward to him being the next Attor- son who can get things done, a person member a single time a national law ney General. I am confident he will who is willing to listen to all people on enforcement group or association con- represent this country extremely well all sides, a person who is fair. Again, I tacting Senators to say please vote no in that capacity. have come to the conclusion that he on a Federal judge. I yield the floor. will be an outstanding Attorney Gen- I remember getting a letter from the Mr. REID. Mr. President, I suggest eral. National Sheriffs’ Association saying: the absence of a quorum. I am bothered by the opposition. I Vote no on Judge White. I said: Why? The PRESIDING OFFICER. The wonder where it comes from because Well, there was a case where three dep- clerk will call the roll. maybe they are talking about a dif- uty sheriffs were murdered and a sher- The assistant legislative clerk pro- ferent person. iff’s wife was murdered and the defend- ceeded to call the roll. On the issue of fairness, I have heard ant confessed. That case is the reason Mr. LEAHY. Mr. President, I ask people say that we have done a good they wrote the letter. Of seven Mis- unanimous consent that the order for job since we have confirmed all of souri Supreme Court judges, Judge the quorum call be rescinded. President Bush’s nominees except one, White was the sole dissenter who said: The PRESIDING OFFICER. Without and it has only taken a couple weeks. Let’s review this case. There may be objection, it is so ordered. I go back 8 years ago, after President extenuating circumstances and the de- Mr. LEAHY. Mr. President, I ask Clinton was elected, when every one of fendant deserves another trial. unanimous consent that some addi- President Clinton’s nominees were con- The sheriffs didn’t feel that way. The tional op-ed pieces, columns, and oth- firmed by voice vote, unanimously, by prosecutors didn’t feel that way. Other ers be printed in the RECORD regarding January 21, except for one, and that prosecutors, the sheriffs, and the chiefs this nomination. was for Attorney General. And that of police in Missouri, said: Don’t con- There being no objection, the mate- delay was not because Republicans firm Judge White. I can’t remember, rials were ordered to be printed in the were fighting the Attorney General again, another nomination where you RECORD, as follows: nomination. It was because President had the chiefs of police all across the [From the Washington Post, Jan. 19, 2001] Clinton ended up sending three names State who know the particular judge ASHCROFT THE ACTIVIST to the Senate because he had some say: Don’t confirm him. That was (By William Raspberry) problems with the first two before he something I needed to know. Opponents of John Ashcroft’s nomination submitted his final nominee. The delay I am also troubled when some people to become attorney general have been turn- was not because of Senate opposition. say: You didn’t confirm Judge White ing over every rock in sight, hoping to find It was because he had some problems because of his race. Most of us didn’t some outrageous statement, some political with the first couple of nominees he know what race he was. We knew law skeleton, some evidence that he is unfit to submitted. enforcement was against him, and we be the nation’s chief law enforcement officer. When we eventually got to Janet voted no. I make no apologies for that His supporters have been doing their best Reno, after he submitted her to the vote. to prove that the nominee is technically To imply that someone is a racist be- qualified for the job and is, moreover, a de- Senate, she was confirmed in very cent man who would enforce the law fairly. short order without all this rancor, cause they oppose a nominee is wrong. The whole thing seems to be missing the without all this partisan nonsense. She Most of us opposed Judge White be- point. I have never doubted Ashcroft’s de- was confirmed 98–0. She was every bit cause he was opposed by law enforce- cency, never questioned his legal abilities, as liberal as John Ashcroft is conserv- ment groups. never worried that, in a particular case, he ative—every bit. I heard somebody say: John Ashcroft, would be unfair. In addition, Ms. Reno said she was back when he was Governor, opposed a But the attorney general is not just the na- going to uphold the law. I have heard court decision on desegregation. Then tion’s chief cop. He is also the chief we find out that Senator Danforth, who influencer of our law-enforcement policy. the intensity of this debate since John It is from that office that decisions are Ashcroft is pro-life. Will he enforce the is probably as respected a moderate as made on which laws to enforce, and how vig- law and access to abortion clinics? anybody, also opposed that decision, orously; what discretion ought to be exer- John Ashcroft said he would. He took and Congressman GEPHARDT opposed cised, and in which direction; how law-en- an oath. He said: I will uphold the law that decision. At that time, I think forcement resources should be deployed, and of the land. Mel Carnahan, who was also an elected with what emphases. Bland reassurances In comparison, it is interesting to official in the State of Missouri, op- that Ashcroft would ‘‘enforce the law fairly’’ note that the Beck decision is the law posed that decision. Yet some people aren’t much help. of the land. are trying to make that a reason to op- To take a simple example, what does it mean to enforce America’s drug laws ‘‘fair- Attorney General Reno and the Clin- pose John Ashcroft. ly’’? Does it mean locking up anybody ton Administration did not enforce John Ashcroft has had about three caught with illegal drugs, as the law per- that decision. Also, the law of the land decades of public life. His record has mits? Does it mean focusing resources on on campaign finance says it is unlawful been scrutinized to the nth degree. major traffickers, as the law also permits? to solicit or receive funds on Federal People are almost making up things to Does it mean shifting resources from en- property. She did not enforce that stat- try to oppose his nomination. I think it forcement to treatment—or the other way ute in spite of the fact that her own is unwarranted. It is unfounded. A lot around? Does it mean confiscating more and people in the Justice Department said: of it is below the belt and is beneath more assets of people found in violation of the drug laws? The law allows all these You need to appoint a special counsel. the dignity of the Senate. People have things—allows as well the disparate sen- She did not do it. Although it was the a right to oppose a nomination. If they tencing for powdered and ‘‘crack’’ cocaine law of the land, she did not enforce it. want to oppose somebody, they can and the well-documented racial disparity Some of us are troubled by that. Maybe vote no, but they should not that results from it. I wish I had my vote back. mischaracterize his record. I think To promise to enforce the law without If people want to vote against John what has happened repeatedly is be- talking about which policies would be em- Ashcroft, they can vote against him, neath the dignity of the Senate, below phasized or changed is to say nothing at all. but to make these character assassina- the civility of the Senate. Absent a president with strong feelings on I urge people to be cautious when the matter, law-enforcement policy is large- tions is totally unfair. It certainly is ly left to attorneys general to decide. Some not what happened 8 years ago. they make personal attacks against have gone against discrimination, some Let me touch on a couple other other individuals, and especially against organized crime, some against mo- things. I have heard he should not be against a former colleague. Again, nopolies and trusts. Some have followed pub- confirmed because he was opposed to many of us in this body have had the lic sentiment, and some have gone their own February 1, 2001 CONGRESSIONAL RECORD — SENATE S943 way. Most of the time, it hasn’t mattered and so are his manners. Five young men with would not do anything like that. Malice is a much. So why do so many non-conservatives black suits and stern expressions sit a row singularly unattractive trait in an attorney believe it will matter so much this time? behind him and hand over notes when things general. The answer is in Ashcroft’s record of advo- get dicey. cacy. He has fought with extraordinary vigor This graduate of Yale and Harvard Law is [From the Washington Post, Jan. 18, 2001] for positions that are well outside the Amer- pretty sophisticated about most things, but THE ASHCROFT DOUBLE STANDARD ican mainstream—on gun control, on abor- not about hot potatoes like Bob Jones U. and (By Richard Cohen) tion, on juvenile justice, on the death pen- Southern Partisan magazine, a publication alty. I don’t mean to deny that his position to which he confided his misty-eyed appre- A review of the record, a reading of the rel- on all these issues might be shared by a sig- ciation for the Confederacy, and one that has evant transcripts and some telephone inter- nificant minority. I say only that his views a profitable sideline in T-shirts celebrating views with people in the know lead me to are unusually conservative. He is, I think it the assassination of Lincoln. Wouldn’t you conclude that if John Ashcroft were a Demo- fair to say, an ideologue. And when you take know Lincoln is Ashcroft’s favorite political crat, he would oppose his own nomination as someone who has been advocating views that figure? He was shocked, shocked to learn attorney general. For once, he would be are well away from the political center and about Southern Partisan’s excesses. right. The Ashcroft of the Senate Judiciary Com- put him in charge of law-enforcement policy, Ashcroft the nominee was engulfed in lov- mittee hearings is a package of hypocrisy. it’s not enough to say he’ll ‘‘enforce the ing friends, colleagues and family with a His message is that his ideology, hard right law.’’ heavy sprinkling of blacks and women who Ashcroft signaled his own understanding of were so conspicuous in the protest groups and intolerant, ought to be beside the point. this point when he was asked whether he outside. This John Ashcroft wouldn’t dream What is supposed to matter is his determina- would try to undermine the 1973 Roe v. Wade of turning down a president’s choice for the tion to uphold the law, even the laws he be- decision on abortion. He said that for the so- Cabinet just because there were differences lieves are in contradiction to what God him- licitor general (who ranks under the attor- of opinion. He’s tolerant almost to a fault, self intends. This is what Sen. Patrick Leahy ney general) to petition the Supreme Court and his opening statement could have been (D-Vt.) calls the ‘‘Ashcroft standard.’’ It is to have another look at Roe would under- the bid of an aspirant to the chairmanship of utter nonsense. Take, for instance, the way Ashcroft han- mine the Justice Department’s standing be- the ACLU, not top gun for George W. Bush’s dled the nomination of James C. Hormel as fore the court. legal team. He was, as I read his response, saying he Opening day theatrics went like clock- ambassador to Luxembourg. Hormel was a could make the attempt, though it might be work. Sen. Jean Carnahan (D–Mo.), the man of some accomplishment as, in fact, impolitic to do so at this time. widow of Ashcroft’s opponent, Gov. Mel Ashcroft had firsthand reason to know. Back Is it unfair to oppose Ashcroft, an experi- Carnahan, brought her poignant dignity to a in 1964, Hormel was a dean at the University enced lawyer, out of fear that his personal cameo appearance as a presenter of the of Chicago Law School when Ashcroft was a and religious views would influence his role nominee. Her words were notably chilly. She student there. Nonetheless, Hormel was gay as attorney general? urged her colleagues to be fair, but it made and not particularly shy about it, either. For As Sen. Patrick Leahy (D-Vt.) reminded us a nice picture. that reason—and that reason only—Ashcroft the other day, it is a question Ashcroft him- Committee Republicans came through with opposed the nomination. self has answered. When Bill Lann Lee was econiums to the nominee’s character and in- This episode tells you quite a bit about named by President Clinton to head the Jus- tegrity. Sen. Charles Grassley (R–Iowa) fer- Ashcroft. By any measure, Hormel was cer- tice Department’s civil rights division, vently praised Ashcroft as someone ‘‘who al- tainly qualified to be ambassador to this dot Ashcroft fought to deny him the job. ways does right by the family farmer.’’ Even of a European country. As mentioned, he had He had no doubt concerning the nominee’s Ashcroft’s 2-year-old red-headed grandson, been the dean of a prestigious law school, professional ability, Ashcroft said at the Jimmy, performed perfectly. He came onto had become a well-known San Francisco time, but Lee’s beliefs (on affirmative ac- the scene wailing, but his grandfather cheer- civic leader and philanthropist and had been tion) ‘‘limit his capacity to have the bal- fully introduced him and he fell miracu- endorsed by, among others, the Episcopal anced view of making judgments that will be lously quiet. bishop of California, the Right Rev. William necessary for the person who runs the divi- On Day Two, a little celebrity caucus was Swing, and the former everything (secretary sion.’’ brought on just before the lunch break. Sen. of state, etc.), George Shultz. Why can’t the same assessment apply to Susan Collins (R–Maine) gushed about Ashcroft was unmoved. Along with Trent the person who will run the whole depart- Ashcroft. So did former senator John Dan- Lott, he considered homosexuality a sin and, ment? forth (R–Mo.), the patron of Clarence Thom- as with racists, polygamists, misogynists as, Bush I’s land mine Supreme Court ap- and you-name-its, he could cite this or that [From the Washington Post, Jan. 18, 2001] pointment. Like father, like son: Thomas passage of the Bible to support his intoler- ance. Whatever the reason, he would not CIVIL RIGHTS ‘R US was supposed to flatten all objections be- cause he is black; for Bush II, Ashcroft’s club even meet with Hormel. He would not take (By Mary McGrory) membership is expected to stifle resistance. his phone calls. Obviously, it’s a case of mistaken identity. There were moments of discord and dis- Ashcroft explained his vote against Hormel That man sitting before the Senate Judici- belief, but these were treated like caterer’s in committee as one based on the fear that ary Committee is no kooky right-winger. mistakes at a splashy wedding. Sen. Edward Hormel was ‘‘promoting a lifestyle’’ and He’s not anti-black, anti-Catholic, or M. Kennedy (D–Mass.) challenged Ashcroft’s what, when you come to think of it, this antisemitic, as holding an honorary degree record on school desegregation and voter might mean to embattled Luxembourg. And from Bob Jones University might suggest. registration. In Missouri, Ashcroft had re- then he said this: ‘‘People who are nomi- He is against abortion, he admits it, but he’ll sisted a voluntary desegregation plan and ve- nated to represent this country have to be observe Roe v. Wade. He’s a man of law. toed a registration expansion scheme. To an- evaluated for whether they represent the Segregation? He’s against it. Never mind swer Kennedy, Ashcroft read his veto mes- country well and fairly.’’ that he fought integration when he was at- sages. There you have it: The Perry Mason Mo- torney general and governor of Missouri. If the hearings resume next week, Ashcroft ment in which Ashcroft blurts out the reason He’s a little sentimental about the Confed- can expect a kinder, gentler hand on the he is not suited to be attorney general. His eracy, yes, but if he had been alive at the gavel in the person of Sen. Orrin Hatch (R– qualifications, as with Hormel’s, are beside time of the Civil War, he would have fought Utah). Sen. Pat Leahy, Democrat of the point. It’s what he advocates that mat- for the Union. Don’t call him a partisan Re- Vermont, was temporary chairman but turns ters—whether, as he would put it, he rep- publican, please. When he’s looking for the into a pumpkin when W. takes the oath. resents the country well and fairly. name of an illustrious predecessor at Jus- There’s only one thing wrong with the It’s Ashcroft’s extreme views on abortion— tice, Robert Kennedy leaps into his mind. Ashcroft picture, the figure of Judge Ronnie not late-term or mid-term, but what you Harry Truman leads his list of prominent White, the Missouri Supreme Court judge might call pre-term. (He would ban so-called Missourians. who was deprived of a seat on the federal morning-after pills.) It’s his approach to gun This is an erstwhile club member who bench by the persecution of Ashcroft, who control, his reactionary approach to civil thanks senators for mean questions and got every Republican in the Senate to vote rights legislation, his opposition to life- humbly praises their candor when they blast against his nomination. Ashcroft found saving needle exchange programs or his in- his record. White insufficiently enthusiastic about the sistence that drug treatment programs are a Sen. Arlen Specter (R–Pa.) noted his sense death penalty. sheer waste of money since junkies can—to of humor and pointed out how handy it By all accounts, Ronnie White is a distin- quote an old Nat King Cole tune—simply would be when the witness was discussing guished member of the State Supreme Court. ‘‘Straighten Up and Fly Right.’’ Only experi- ‘‘the death penalty and other weighty mat- Ashcroft misrepresented his record. Ronnie ence teaches otherwise. ters’’ at the Justice Department. White is black. Ashcroft, his allies insist, is It might be one thing if George W. Bush The makeover of John Ashcroft, a cranky no racist. Did he slander Ronnie White for had won a mandate for such policies. But he extremist, for his confirmation hearings is a crass politics—an effort to make the death did not even win the popular vote. In no way masterpiece. His handlers have created a ge- sentence an issue in his campaign against did the country register its support or even nial healer; his haberdashery is impeccable Carnahan? The paragon in the witness chair tacit approval of the ‘‘soft bigotry’’ that S944 CONGRESSIONAL RECORD — SENATE February 1, 2001 Ashcroft represents. It does not matter that trying to say? Does that mean you will not to the Fraternal Order of Police send- he says he will administer laws he doesn’t investigate charges of black voter fraud in ing a letter in support of Judge White? particularly like; it matters only that he is Florida? Mr. LEAHY. Yes. unsuited by rhetoric, ideology and political Senator, let’s move on to Lee. You say to- Mr. NICKLES. Wasn’t that letter conduct to lead our criminal justice system. day’s history books ‘‘make no mention of sent after Judge White was defeated? If confirmed, Ashcroft would be instru- Lee’s military genius!’’ Why is that so im- Mr. LEAHY. Indeed, it was. portant to you when the same Lee called mental in picking the next generation of fed- Mr. President, I ask unanimous con- eral judges. Bush has already declared him- Mexicans ‘‘idle worthless and vicious’’? Why self a committed delegator who will CEO the do you praise a man who said as he sent to print additional editorials and federal government from the Oval Office. (He exterminated Indians: ‘‘The whole race is ex- material regarding the nomination in has a Harvard MBA, don’t forget.) If that’s tremely uninteresting . . . they are not the RECORD. the case—and a man who was among the last worth it.’’ Where can we find Lee’s genius in There being no objection, the mate- to know his vice presidential nominee had saying that killing Indians was ‘‘the only rial was ordered to be printed in the suffered a heart attack clearly delegates to a corrective they understand and the only way RECORD, as follows: fare-thee-well—then the job of picking fed- in which they can be taught to keep within [From Newsday] eral judges will be left to Ashcroft. The fed- their own limits’’? ASHCROFT’S RIGHTS DO NOT INCLUDE BEING eral bench is going to look like the faculty Why is Lee so good when he justified the AG lounge at Bob Jones University. ripping of black people out of Africa to en- John Ashcroft must be laughing to him- slave them by saying, ‘‘The blacks are im- (By Clarence Page) self. He knows that if the shoe were on the measurably better off here than in Africa, Now that George W. Bush has nominated other foot, he would never confirm an attor- morally, socially, and physically. The pain- Sen. John Ashcroft (R–Mo.) to be attorney ney general who had views so antiethical to ful discipline they are undergoing is nec- general, it would not be inappropriate for his own. Maybe he’d find something in the essary for their instruction as a race’’? Ashcroft’s fellow senators to treat him as Bible or, as he did with the judicial nomina- Why does Lee need to be revered when his fairly as he treated Judge Ronnie White. tion of Ronnie White, distort the record, but troops, like other Confederate divisions, In other words, will they tar him as an ex- he would be true to his beliefs. His opponents hated free black people so much that they tremist? Will they roast him, not for his per- should be true to theirs. sometimes massacred defeated black Union sonal qualifications, which is what confirma- soldiers even though they had thrown down tion hearings are supposed to be about, but [From the Chicago Tribune, Jan. 16, 2001] their arms in surrender? for his personal beliefs? Will they paint him Senator, may I read you a passage from as an extremist and distort his record with- THE CONFEDERACY’S FAVORITE CABINET the new book, ‘‘The Making of Robert E. out giving him an opportunity to respond? NOMINEE Lee,’’ by Michael Fellman? A Confederate That was how Ashcroft handled President (By Derrick Z. Jackson) major wrote in 1864 after one battle, ‘‘such Bill Clinton’s nomination of Judge Ronnie If the Senate Judiciary Committee slaughter I have not witnessed upon any bat- White to the federal bench in 1999. Civil straightens its backbone rather than slap tlefield anywhere. rights groups are particularly angry that the back of attorney general nominee John ‘‘Their men were principally Negroes and Ashcroft led the successful party-line fight Ashcroft, we may get to see why his halluci- we shot them down until we got near enough to defeat White. nations about Bull Run will make him a bull and then run them through with the bayonet Ashcroft painted White’s opinions as ‘‘the in the china closet of civil rights. . . . We was not very particular whether we most anti-death-penalty judge on the Mis- Any serious line of questioning should captured or killed them, the only thing we souri Supreme Court’’ and said that his start like this: did not like to be pestered burying the hea- record was ‘‘outside the court’s main- Sen. Ashcroft, you praised Southern Par- thens.’’ stream.’’ Actually, whether you agree with tisan magazine for ‘‘defending’’ patriots like Senator, why do you praise Lee when, after him or not, White can hardly be called ‘‘pro- Robert E. Lee, Stonewall Jackson, and Jef- the Civil War, he actively resisted Recon- criminal’’ or ‘‘outside the mainstream.’’ ferson Davis: ‘‘Traditionalists must do more. struction? Lee said white people are ‘‘inflexi- Court records show that White voted to up- I’ve got to do more. We’ve all got to stand up bly opposed to any system of laws that hold death sentences in 41 out of 59 capital and speak in this respect, or else we’ll be would place the political power of the coun- cases that came before him on the state su- taught that these people were giving their try in the hands of the Negro race.’’ He said preme court. In most of the other cases, he lives, subscribing their sacred fortunes and black people lacked the ‘‘intelligence . . . voted with the majority of his fellow jus- their honor to some perverted agenda.’’ necessary to make them safe repositories of tices, including those appointed by Ashcroft Let’s explore what you meant by that. political power.’’ when he was Missouri governor. Senator, why are you, in the year 2001, Senator, thank you, but in light of your In fact, three Ashcroft appointees voted to praising Davis, the president of the Confed- reverence for such men, we’ll be asking reverse the death penalty a greater number eracy, who personally italicized the portions President-elect George W. Bush to appoint a of times than White did. of the Constitution that preserved slavery? less antebellum attorney general. As you On the Senate floor, Ashcroft singled out Why do you laud a man who said white supe- leave, stop by the front desk. The clerk will two of the only three death-penalty cases in riority over African-Americans was arrange for you to participate in a Civil War which White was the sole dissenter. In one of ‘‘stamped from the beginning, marked in de- re-enactment in the slave state of your them, White questioned whether the defend- cree and prophecy’’? choice. Please send us a photo of your experi- ant’s right to effective counsel had been vio- Why do you love a man whose vice presi- ence. We would love to see who you dressed lated. Whether you agree or not, you don’t dent, Alexander Stephens, said the ‘‘corner- up as. We’re betting against Frederick Doug- have to be ‘‘pro-criminal’’ to value the rights stone’’ of the Confederacy ‘‘rests upon the lass. of the accused, especially in a death-penalty great truth that the Negro is not equal to Mr. LEAHY. Mr. President, I don’t case. In the other, White questioned whether the white man; that slavery, subordination, want to leave the impression in this the lower court judge, Earl L. Blackwell of to the superior race, is his natural and moral Jefferson County was biased and should have condition’’? Chamber that there is some kind of recused himself in a trial that began the Why do you complain about Davis being unanimity of law enforcement in oppo- morning after Blackwell issued a controver- maligned by historians when Davis tried to sition to Judge Ronnie White. In fact, sial campaign statement. rewrite history? He said on the floor of the a very substantial number in law en- Blackwell, explaining in a press release U.S. Senate in 1860 that ‘‘Negroes formed but forcement in Missouri wrote to us, why he had switched to the Republican a small part of people of the southern wrote to the Members of the Senate, Party, said, ‘‘The truth is that I switched to states.’’ and said they strongly supported Judge the Republican Party, said, ‘‘The truth is For the record, in 1860 black people were 55 that I have noticed in recent years that the percent of the population in Davis’ home Ronnie White. One of the leading law Democrat Party places far too much empha- state of Mississippi, 58 percent of South enforcement organizations wrote to us sis on representing minorities such as homo- Carolina, and between a third to a half of the and said they were distressed that he sexuals, people who don’t want to work and people of most of the rest of the slave states. was not confirmed on the basis that people with a skin that’s any color but Now, Senator, I am reading this sentence somehow he might be pro-criminal. white.’’ Again, the judge has the right to ex- again, where you say we’ve all got to stand The record showed that he voted with press his views, but you don’t have to be an up or else we’ll be taught that Davis, Lee, appointees by then-Governor Ashcroft extremist to understand why White, the first and Jackson were subscribing their ‘‘sacred something like 95 or 96 percent of the African American to sit on the Missouri Su- fortunes’’ to some ‘‘perverted’’ agenda. That time in death penalty cases. preme Court, might question that judge’s sounds a lot like what Davis said in his first even-handedness. Confederate inaugural address when he said Mr. NICKLES. Will the Senator When Sen. Orrin Hatch (R-Utah) asked the North ‘‘would pervert that most sacred yield? White if he opposed the death penalty, White of all trusts.’’ Mr. LEAHY. Of course. said, ‘‘Absolutely not.’’ But White did not Senator, since we know that that sacred Mr. NICKLES. Just for a point of get a chance to rebut Ashcroft’s charges be- trust was slavery, what is it that you are clarification, is the Senator referring cause Ashcroft did not raise them until February 1, 2001 CONGRESSIONAL RECORD — SENATE S945 months after White’s confirmation hearings. The Missourian vigorously opposes abor- gest that the attack on his nomination was This tactic was characterized as ‘‘delay and tion rights under virtually all cir- racially motivated. ambush’’ by Elliot Mincberg, vice president cumstances. So would he fully enforce laws That may or may not be so. It would be and legal director of People for the American safeguarding clinics? easier to believe if Mr. Ashcroft did not have Way, one of several liberal groups that op- such a dismal record on matters related to pose Ashcroft’s confirmation. [From the New York Times, Jan. 4, 2001] race. As Missouri’s attorney general he was To charge that Ashcroft is a bigot, as some FAIRNESS FOR WHOM? opposed to even a voluntary plan to deseg- have done, misses the point. He has a right (By Bob Herbert) regate schools in metropolitan St. Louis. to express strong views without being called Just last year he accepted an honorary de- names. He has a right to oppose affirmative We keep hearing that George W. Bush’s gree from Bob Jones University, school that action and gay rights, as he has done in the choice for attorney general, John Ashcroft, is notorious for its racial and religious intol- past with other nominations. He has a right is a man of honor, a stalwart when it comes erance. And a couple of years ago, Mr. to favor a ‘‘right to life’’ until someone has to matters of principle and integrity. Former Ashcroft gave a friendly interview to South- been sentenced to death. Senate colleagues are frequently quoted as ern Partisan magazine, praising it for help- But he does not have a right to be attorney saying that while they disagree with his ing to ‘‘set the record straight’’ about issues general. Therefore, it is not surprising that ultra-conservative political views, they con- related to the Civil War. the four pillars of the liberal establish- sider him to be a trustworthy, fair-minded Southern Partisan just happens to be a ment—civil rights, abortion rights, orga- individual. rabid neo-Confederate publication that rit- nized labor and environmental protection— Spare me. The allegedly upright Mr. ually denounces Abraham Lincoln, Martin have begun to rally their opposition to his Ashcroft revealed himself as a shameless and Luther King Jr. and other champions of free- confirmation. deliberately destructive liar in 1999 when, as dom and tolerance in America. Why, they ask, should this country have an the junior senator from Missouri, he This is the man George W. Bush has care- attorney general who opposes sensitive laws launched a malacious attack against a genu- fully chosen to be the highest law enforce- that he is supposed to enforce? Ashcroft will inely honorable man, Ronnie White, who had ment officer in the nation. That silence that have a chance to answer that question in his been nominated by the president to a federal you hear is the sound of black Americans not confirmation hearings. The Senate will let district court seat. celebrating. him offer his side of the story. That’s more Justice White was a distinguished jurist than Ashcroft gave Ronnie White. and the first black member of the Missouri [From Time Magazine, Jan. 2, 2001] Supreme Court. Mr. Ashcroft, a right-wing THE WRONG CHOICE FOR JUSTICE [From the DesMoines Register, Jan. 5, 2001] zealot with a fondness for the old Confed- (By Jack E. White) UNEASY WITH ASHCROFT eracy, could not abide his elevation to the Will he enforce the laws even-handedly—even federal bench. But there were no legitimate What was president-elect George W. Bush those he disagrees with? reasons to oppose Justice White’s confirma- thinking when he selected John Ashcroft as his nominee for Attorney General? That The record of Senator John Ashcroft in- tion by the Senate. So Mr. Ashcroft reached since he was designating three superbly spires no confidence that he’ll enforce the into the gutter and scooped up a few hand- qualified African Americans for high-level laws of the land impartially as attorney gen- fuls of calumny to throw at the nominee. positions—Secretary of State Colin Powell, eral of the United States. He declared that Justice White was soft on The Missourian, who lost his re-election crime. Worse, he was ‘‘pro-criminal.’’ The National Security Adviser Condoleezza Rice bid to the Senate this fall, vigorously op- judge’s record, according to Mr. Ashcroft, and Secretary of Education Rod Paige— poses abortion rights under virtually all cir- showed ‘‘a tremendous bent toward criminal blacks would somehow overlook Ashcroft’s cumstances. So would he fully enforce fed- activity.’’ As for the death penalty, that all- horrendous record on race? Or that it was eral laws safeguarding abortion clinics from important criminal justice barometer—well, compassionately conservative for Bush to violence and harassment? Will he actively in Mr. Ashcroft’s view, the nominee was be- hire a man who had just lost re-election as protect the legal right of women to choose yond the pale. He said that Ronnie White Missouri’s junior U.S. Senator to a dead even though he personally thinks women was the most anti-death-penalty judge on man? (Governor Mel Carnahan, who died in a should not have that right? the State Supreme Court. plane crash during the campaign, won the Ashcroft is President-elect George W. Listen closely: None of this was true. But seat, and his widow is serving in his place.) Bush’s nominee to be the next attorney gen- by the time Mr. Ashcroft finished painting It certainly couldn’t have been that appoint- eral. As head of the Justice Department, he his false portrait of Justice White, his repub- ing Ashcroft would enhance Bush’s image as would be in charge of overseeing the FBI, en- lican colleagues had fallen into line and were a uniter, not a divider. Ashcroft’s positions forcing antitrust laws, litigating on the gov- distributing a memo that described the on civil rights issues are about as sensitive ernment’s behalf and enforcing the civil nominee as ‘‘notorious among law enforce- as a hammer blow to the head. rights of citizens, among other things. ment officers in his home state of Missouri It’s puzzling, because the nomination of an How interested in assuring civil rights is for his decisions favoring murderers, rapists, extremist like Ashcroft is so needlessly out Ashcroft? He’s been criticized for his opposi- drug dealers and other heinous criminals.’’ of synch with the rest of Bush’s utterly re- tion to the elevation of Missouri Supreme This was a sick episode. Justice White was spectable Cabinet choices. He could have sat- Court Judge Ronnie White, an African-Amer- no friend of criminals. And a look at the isfied the right by selecting Oklahoma Gov- ican, to the federal bench. Ashcroft called record would have shown that even when it ernor Frank Keating, who is as tough on White ‘‘pro-criminal,’’ even though White came to the death penalty he voted to up- crime as Ashcroft, yet far less controversial. had voted to uphold the death penalty in 41 hold capital sentences in 70 percent of the But as we are about to find out, Ashcroft of 59 cases—said to be about the same share cases that came before him. There were won’t be confirmed without a fight. The as that of the judges whom Ashcroft ap- times when he voted (mostly with the major- angriest coalition of liberal, civil rights and pointed when he was governor. Consider that ity) to reverse capital sentences because of feminist organizations Washington has seen along with Ashcroft’s failed fight to keep procedural errors. But as my colleague An- since the 1987 battle over Supreme Court David Satcher, a respected black physician, thony Lewis pointed out last week, judges nominee Robert Bork is lining up to oppose from becoming surgeon general because appointed by Mr. Ashcroft when he was gov- him. The opposition’s leaders concede that Satcher is against a ban on late-term abor- ernor of Missouri voted as often as Justice as a former member of the club, Ashcroft tions. And in 1999, Ashcroft accepted an hon- White—in some cases, more often—to reverse would normally sail through the Senate. But orary degree from Bob Jones University in capital sentences. since Ashcroft has been on the wrong side of South Carolina, which at that time prohib- But the damage was done. Mr. Ashcroft’s every social issue from affirmative action to ited interracial dating. unscrupulous, mean-spirited attack suc- hate-crimes legislation and women’s rights, Bush Cabinet selections such as moderate ceeded in derailing the nomination of a fine there may be a chance to peel off enough African-American Colin Powell for secretary judge. The confirmation of Justice White moderate Republicans to make him the first of state don’t soften the hard-line insen- was defeated by Republicans in a party-line Cabinet appointee to be bounced since 1989, sitivity Ashcroft presents. He is not a leader vote. The Alliance for Justice, which mon- when John Tower lost his chance to be Sec- who brings people together. itors judicial selections, noted that it was retary of Defense for President Bush the Those who share Ashcroft’s religious con- the first time in almost half a century that Elder. servatism are no doubt heartened by the ex- the full Senate had voted down a district Pushing Ashcroft through will cost the pectation that their points of view will be court nominee. younger Bush considerable political capital, well represented. But all Americans should The Times, in an editorial, said the Repub- and might be only the start of his headaches. at least be comfortable that the next attor- licans had reached ‘‘a new low’’ in the judi- As a leading G.O.P. strategist puts it, ‘‘The ney general will be fair-minded and even- cial confirmation process. The headline on risk will be that about every six months, handed as the nation’s chief law-enforcement the editorial was ‘‘A Sad Judicial Mugging.’’ [Ashcroft] will do something that he thinks officer. So much for the fair-minded Mr. Ashcroft. is clever or politically interesting, and they Before confirming him, the Senate should A Republican senator, who asked not to be will open their papers at the White House expect a pledge from Ashcroft that he will identified, told me this week that he could and say, ‘‘What the hell is he doing?’’ Cer- enforce the laws of the land as they exist, not justify Mr. Ashcroft’s treatment of Ron- tainly there is plenty in Ashcroft’s record to not as he would like them to be. nie White, but that it would be wrong to sug- unsettle fair-minded conservatives—and to S946 CONGRESSIONAL RECORD — SENATE February 1, 2001 raise questions about the sincerity of Bush’s margin. It comes to the floor and then, side were clamoring for a vote. Why did attempts to reach out to blacks. As the St. in a party-line vote, is defeated. people vote for Judge White in com- Louis Post-Dispatch noted in an editorial in As my friend from Oklahoma men- mittee and then vote against him on December, Ashcroft ‘‘has built a career out tioned, the Missouri State Lodge of the the floor? The letters of law enforce- of opposing school desegregation in St. Louis Fraternal Order of Police indicated and opposing African Americans for public ment did not come up until after he office.’’ that on behalf of 4,500 law enforcement was approved by the Judiciary Com- When he served as Missouri’s attorney gen- officers they viewed Justice White’s mittee. I will grant my colleague from eral in the 1980s, Ashcroft persuaded the record as a jurist as one whose record Vermont that later there were other Reagan Administration to oppose school-de- on the death penalty was far more sup- letters from law enforcement. segregation plans in St. Louis, then used the portive of the rights of victims than of The letter from the National Sher- issue to win the governorship in 1984. Since the rights of criminals. The president iffs’ Association was not before the Ju- his election to the Senate in 1994. Ashcroft of the Missouri police chiefs associa- diciary Committee. I wish they would has consistently appealed to the right wing tion described Justice White as an up- have written it before the Judiciary of his party, even when his approach risked right, fine individual. They had a hard appearing racist. He fought unsuccessfully Committee had voted, but they did it against the confirmation of David Satcher, a time seeing that he was against law en- afterwards when it was the pending distinguished black physician, as surgeon forcement and never thought of him as nomination before the floor of the Sen- general, because Satcher proposes a ban on pro-criminal. ate. late-term abortions. In 1998 Ashcroft told the One can debate a judge’s position. One other clarification I wish to re- neo-segregationist magazine Southern Par- Basically, as I said, he voted on death peat is that I am just very troubled by tisan that Confederate war heroes were ‘‘pa- penalty cases 95 percent of the time the allegation that he was opposed be- triots.’’ In 1999 he accepted an honorary de- with justices appointed by then-Gov- cause of his race because most people gree from South Carolina’s Bob Jones Uni- ernor Ashcroft. What bothered me and versity, which hadn’t yet dropped its ridicu- did not know what his race was. I sat bothered a lot of Senators—and both- through a meeting where these letters lous ban on interracial dating. ered Republican Senators who publicly Most disturbing of all, as Ashcroft was by law enforcement were discussed, and gearing up a short-lived campaign for the then apologized to Judge White—was Judge White’s race was never men- White House last year, he verbally attacked the fact that he was basically am- tioned. I know that to be the case. I sat Missouri Supreme Court Justice Ronnie bushed on the Senate floor. in that meeting. That wasn’t an issue. White, an African American whom Bill Clin- There was testimony before our Judi- It didn’t come up. ton has appointed to the federal bench, for ciary Committee that it was not his What came up was law enforcement supposedly being ‘‘pro-criminal’’ and soft on vote on one particular case but, rather, opposition and at that time the only capital punishment. The charge was outright the fact that he was made a political slander. White had voted to uphold the death law enforcement letters we saw were in pawn in a Senate race. That is wrong. opposition. If we had the letter from sentence in 41 of the 59 cases that came be- We should keep the judiciary out of the FOP saying confirm him, maybe fore him, roughly the same proportion as politics. He was dragged in and his rep- Ashcroft’s court appointees when he was that would have made a difference, and utation was unnecessarily besmirched. Governor. No wonder Gordon Baum, leader of probably would have. Maybe if the His career was damaged. All he had white supremacist Council of Conservative sheriffs’ organizations would have got- worked for all of his life was for Citizens, in 1999 included Ashcroft along with ten their letter out before the Judici- Pat Buchanan in the circle of politicians naught, and it was done for political ary Committee vote, it might have he’d like to see in the White House. purposes. Does Baum know something Bush doesn’t? That is what most people objected to. made a big difference in the Judiciary Can Ashcroft be trusted to oversee the inves- That was certainly what the letters in- Committee. Timing is important. But tigation of alleged voting-rights abuses in dicated that I have received—including it is important to remember that the Florida, which many blacks believe concern expressed by people who told reason why we had the vote on the disenfranchised them and delivered the pres- me, first and foremost, they voted for floor at that time, I believe, was be- idency unfairly to Bush? This is one nomina- then-Governor Bush to become Presi- cause our colleagues on the Democrat tion that, pardon the pun, should be con- side were clamoring for a vote. signed to the Ashcroft of history. dent Bush but felt that this was wrong. Mr. NICKLES. Mr. President, just to I don’t like the word ‘‘ambush.’’ Mr. LEAHY. The point is, the Fra- give a little different flavor, I don’t Maybe that vote should have been de- ternal Order of Police were dismayed like the word ‘‘ambush’’ applied to layed so we could have had a little that he was defeated on the basis that Judge White. more discussion of why these law en- he might be anti-law enforcement. To clarify again a couple of things forcement groups were against him. They pointed out that he was pro-law that happened, the reason why this Maybe some might have been for him enforcement. The concern has been ex- Senator voted against him—and I given more time to enter into that de- pressed and was expressed at the hear- would guess the reason why the major- bate. But that didn’t happen, and I ing for Judge White, concern that ity of Republicans voted against him— wasn’t involved in scheduling the vote. prompted an apology from some Repub- was because we received a letter from But my point is I didn’t feel as licans who had voted against Judge the National Sheriffs’ Association that though he was ambushed. I do say what White, regarding the way he was basi- said: Vote against Judge White. They was unique was that during my 20 cally ambushed—that is the expression had good reasons expressed in that let- years in the Congress, this is the only that has been used—on the Senate ter. In this principal case that we are time I can remember national law en- floor. We have never had a case where talking about, three deputy sheriffs forcement agencies coming up and say- a judicial nomination has been voted were murdered, and the wife of a sheriff ing vote against this person, which is out of the Judiciary Committee, was murdered, and Judge White was what they did in contacting Members brought to the Senate floor, and then the sole judge saying: Let’s retry it; of the Senate. I think that is the rea- defeated—in this case, on a party-line let’s have a new hearing. The Missouri son Judge White went down. vote. law enforcement community was very Be that as it may, there are lots of What happened and what has created opposed to that. other issues dealing with John a great deal of concern is that here is In addition to that, several Chiefs of Ashcroft. a person who came from very humble Police contacted us and suggested we Again, I think John Ashcroft is one beginnings, worked his way through vote no, and to review this dissent. We outstanding individual who is more law school, was considered a highly re- also heard from prosecutors about this than qualified to be Attorney General spected member of the bar in Missouri, case and other cases who said vote no of the United States. And I am abso- became a justice of the Supreme Court on Judge White. lutely confident that when he is con- of Missouri, and then, sort of at the The Missouri Fraternal Order of Po- firmed, we will look back and say he is pinnacle of his legal career, was nomi- lice sent us a letter in support of Judge an outstanding Attorney General for nated to be a Federal district judge. He White, but they sent that letter after the United States of America. went through the hearings in the Judi- the vote. I yield the floor. ciary Committee, was voted out by the Why did we have the vote at that The PRESIDING OFFICER. The Sen- Judiciary Committee by a lopsided time? Our colleagues on the Democrat ator from Vermont. February 1, 2001 CONGRESSIONAL RECORD — SENATE S947 Mr. LEAHY. Mr. President, just so have given the Senate no role in the The Justice Department occupies a the RECORD is straight on law enforce- appointments process. Instead, the unique role in the structure of the Fed- ment officers, it is interesting that Senate’s constitutional advice and con- eral Government. As its mission state- there was no contact of anybody on sent mandate obliges it to serve as a ment declares, the Justice Department this side. Senator Ashcroft said the check on the President’s appointment exists ‘‘to ensure fair and impartial ad- reason he stopped Judge White was be- power. As I put it in my statement on ministration of justice for all Ameri- cause of that urging of law enforce- Senator Tower’s nomination, I believe cans.’’ No other agency every day and ment groups. But then subsequently, this requires Senators to consider sev- every hour makes decisions about how press reports and then the reports by eral things: First, the knowledge, expe- and on whom to bring to bear the force the law enforcement officials them- rience, and qualifications of the nomi- of the criminal and civil law, making selves and Senator Ashcroft’s own tes- nee for the position; second, the nomi- countless decisions not only on whom timony at his hearing contradicted nee’s judgment, as evidenced by his to prosecute or sue, but also on how that; that he had instigated and or- conduct and decisions, as well as his harsh a sentence to seek and even on chestrated the groups’ opposition to personal behavior; and third, the nomi- who—in the name of the people of the Ronnie White. I am not suggesting nee’s ethics, including current or prior United States—should face death as Ronnie White was defeated because he conflicts of interest. In unusual cir- punishment for their actions. No other was an African American, but it would cumstances, Senators can also consider agency has such broad and sweeping be hard for anybody not to know he fundamental and potentially irrecon- authority to take away our citizens’ was insofar as that was mentioned at cilable policy differences between the life, liberty or property—an authority great length in the debate the day be- nominee and the mission of the agency we as Americans accept because no fore and the debate just before the vote he or she is to serve. other agency has more consistently by those who were on the floor debat- On a few occasions during my 12 sought to exemplify the rule of law and ing it. years in the Senate, I have determined the abiding American aspiration of I yield the floor. that the views of certain nominees—on equal justice for all. No other official The PRESIDING OFFICER. Under both ends of the political spectrum— of the United States government bears the previous order, the time until 10:45 fell sufficiently outside the main- as great a responsibility as does the a.m. shall be under the control of the stream to compel me to oppose their Attorney General for protecting and Senator from Connecticut, Mr. nominations. In each case, I had seri- enforcing the rights of the vulnerable LIEBERMAN. He is so recognized. ous doubts about whether they could and disenfranchised in our society. If Mr. LIEBERMAN. I thank the Chair. credibly carry out the duties of the of- we are to sustain popular trust in the Mr. President, I have known John fice to which they were nominated. In law, which is so important for ‘‘domes- Ashcroft for almost 40 years, as a col- 1993, for example, I voted against Presi- tic tranquility,’’ it is absolutely crit- lege classmate, a fellow State attorney dent Clinton’s nominee to head the Na- ical that the Department which is general and a colleague in the Senate. tional Endowment for the Humanities charged with enforcing the law not Throughout that time, our views on because I believed that his active sup- only be administered according to law, important issues very often have di- port of so-called college speech codes but also that the great majority of verged, but I have never had reason to cast doubt on his ability to administer Americans have confidence in the fair- doubt his sincerity or his integrity. It the NEH appropriately. That same ness and integrity of its leadership. strikes me in this regard that the year, I expressed opposition to another Unfortunately, Senator Ashcroft’s often-noted and sometimes derided no- of President Clinton’s nominees—his past statements and actions have given tion that Senators judge their col- choice to head the Justice Depart- understandable suspicions to many leagues more leniently than outsiders ment’s Civil Rights Division—because I citizens—particularly some of those misses an important point. It is not feared that her writings and speeches whose rights are most at risk—that he that we reflexively defer to our former demonstrated an ideological vision of will not lead the Department in a man- colleagues. It is instead that we as what the voting rights laws should be ner that will protect them. Others have human beings find it tremendously dif- that was so far from what they had detailed his record so extensively that ficult to pass judgment on those we been that I was reluctant to put her in I need not do so again. Suffice it to say have worked with and know well. And charge of enforcing those laws, regard- that on issues ranging from civil rights it is because I have known Senator less of whether or not she had pledged to privacy rights, Senator Ashcroft has Ashcroft for so long that I find the con- to abide by the law as it existed. repeatedly taken positions consider- clusion I have reached—which is to op- In 1999, just last year, I concluded ably outside of the mainstream of pose his nomination—so awkward and that a nominee to the Federal Election American thinking. uncomfortable. But that is where my Commission held views on the nation’s When given the opportunity to con- review of the record regarding this campaign finance laws that were so in- sider laws as Missouri’s Governor and nomination and my understanding of consistent with the FEC’s mission that enforce them as Missouri’s attorney the Senate’s responsibility under the I could not in good conscience vote to general, he took actions that today advice and consent clause lead me. place him in a position of authority raise serious questions among many in Throughout my tenure in the Senate, over that agency. And just this week I this country about his commitment to I have voted on hundreds of Presi- reached a similar conclusion with re- equal justice and opportunity. In dential nominees. In each case, I have spect to President Bush’s nominee to speeches and articles, he has spoken adhered to a broadly deferential stand- lead the Interior Department. and written words that have particu- ard of review. As I explained in my In short, although I believe that the larly led many in the African-Amer- first speech on the Senate floor—in Constitution casts the Senate’s advice ican community to question his sensi- which I offered my reasons for opposing role as a limited one and counsels Sen- tivity to their rights and concerns. the nomination of John Tower to serve ators to be cautious in withholding And, when acting on nominees in the as Defense Secretary—the history of their consent, I nevertheless have op- Senate—including Judge Ronnie White the debates at the Constitution Con- posed nominees where their policy po- and Ambassador James Hormel—he has vention make clear that the President sitions, statements, or actions made made statements that have raised sin- is entitled to the benefit of the doubt me question whether they would be cere questions in the minds of many in his appointments. The question, I able to administer the agency they had about whether he will make fair and concluded, I should ask myself in con- been nominated to head in a credible appropriate decisions regarding groups sidering nominees is not whether I and adequate manner. Regretfully, I of Americans that have frequently been would have chosen the nominee, but conclude that such a determination is victimized by discrimination. rather whether the President’s choice again warranted on this critically im- The cumulative weight of these is acceptable for the job in question. portant nomination—because of the words and deeds leaves me with suffi- That does not mean that the Senate record of the nominee and because of cient doubt about Senator Ashcroft’s should serve merely as a rubber stamp. the position for which he has been ability to appropriately carry out—and Were that the case, the Framers would nominated. be perceived as appropriately carrying S948 CONGRESSIONAL RECORD — SENATE February 1, 2001 out—the manifold duties of Attorney for the reasons stated above, based on is the strength of that character that General, so that I have decided not to his record, I will vote against his con- makes him so well suited to be Attor- support his nomination. firmation. ney General of the United States. His Before yielding the floor, I would like Mr. LEAHY. I ask unanimous con- principles and his integrity underscore to comment on one more issue that has sent that I be able to continue for 1 the kind of leadership the Justice De- come up during the consideration of minute. partment so desperately needs and the this particular nomination: Senator The PRESIDING OFFICER. Without American people so rightly deserve in Ashcroft’s religious beliefs and his pub- objection, it is so ordered. an Attorney General. lic profession of his faith. During the Mr. LEAHY. Mr. President, while the John Ashcroft’s conscience and his time since the President nominated distinguished Senator from Con- conviction ensure rather than question Senator Ashcroft, many have argued— necticut is on the floor, I appreciate his commitment to enforce the laws of too often privately—that Senator the last part of his remarks. I will our land fairly and impartially. I do Ashcroft’s deeply held beliefs and his speak more about it later today. not believe even for a moment that religious practices somehow cast sus- I am concerned that there has some- Senator Ashcroft’s most fierce oppo- picion on his ability to serve as Attor- how been this strawman put up as nents truly believe he will not endeav- ney General. I emphatically reject— though there is a religious test. As I or to enforce our laws faithfully. While and am confident my colleagues will and others stated at the beginning of his conservatism threatens them, their reject—any suggestion that Senator these hearings and as I stated on the real fear, I believe, is that he will en- Ashcroft’s religious beliefs bear in any floor, one of the things I admire most force the law without prejudice, that manner at all on the consideration of about Senator Ashcroft is his commit- he will be uniform in his application. his nomination. ment to his family, his commitment to This is because their greatest ideal, I All across this nation, tens of mil- his religion. As practically everybody believe, is to use the Justice Depart- lions of Americans of a multitude of has pointed out, whether we are for or ment as a tool to advance the political faiths daily and weekly make profes- against him as Attorney General, these and social agenda of America by selec- sions of faith privately and publically are two things we have admired the tively enforcing laws with which they that elevate, order and give purpose to most: his commitment to his family agree and ignoring those with which their lives. To suggest that all of us and his commitment to his religion. they disagree. who believe with a steadfast faith in a There should be no doubt about that in John Ashcroft, I submit to you, is Supreme Being as the Universe’s ulti- the public’s mind. not going to do that. As a man who re- mate Sovereign have an obligation to The PRESIDING OFFICER. The spects the rule of law and the impor- mute one of our faith’s central ele- Chair recognizes that under the pre- tance of the public trust in our justice ments if we wish to serve in govern- vious order the time until 11 a.m. shall system, I have no doubt that he will ment is not to advance the separation be under the control of the majority enforce the laws of the land rather of church and state, but instead to party. We have gone over by 10 min- than creatively interpret them, twist erect a barrier to public service by utes, so the Senator is recognized for 10 or contort them to match his personal Americans of faith which is totally un- minutes. If the Senator’s remarks are beliefs. acceptable. To consider the private re- 15 minutes in length, he can ask unani- I am pleased to support the nomina- ligious practices of a nominee or a can- mous consent for that time. tion of John Ashcroft to be the Attor- didate for public office which are dif- The Senator from Alabama is recog- ney General of the United States. I sin- ferent from most—whether Pentecostal nized. cerely believe he will honor the office Christian, Orthodox Jewish, Shia Mus- Mr. SHELBY. Mr. President, thank of Attorney General and he will restore lim, or any other faith—as a limitation you for your courtesy. integrity to the Justice Department. I on that person’s capacity to hold that Over the past 8 years, I believe our look forward to his confirmation later office is profoundly unfair. It is wrong. Justice Department has floundered today by the Senate and his future Nowhere in the first amendment or dangerously, challenging our most service to the United States of Amer- anywhere else in the Constitution or in basic understanding of the rule of law ica. the jurisprudence surrounding them is and starkly reminding us in America of The PRESIDING OFFICER. The Sen- there any suggestion that of all the the awesome power of the Federal Gov- ator from Alaska, Mr. MURKOWSKI. values systems that those in public life ernment and the dangers that the exer- Mr. MURKOWSKI. Mr. President, I are permitted to draw upon to inform cise of that power can present to a free trust the debate is moving along to- their views and their actions, religion society such as ours. I believe public ward a successful vote here in the not stands alone as being off limits. Let us confidence in our system of justice has too distant future. remember that the Constitution and been seriously damaged in the past 8 I rise today to emphatically support the Bill of Rights were drafted by peo- years and that our country has suffered the nomination of John Ashcroft to be- ple of faith whose belief in the Creator as a consequence. come the next Attorney General of the was the direct source of the rights with I believe it is time to restore the pub- United States. He has served our Na- which they endowed us and which we lic trust, and I do not believe there is tion with distinction and with honor. I enjoy to this day. To suggest that one a better qualified or more honorable do not take lightly my senatorial du- may justify his or her views on abor- man to do that job than Senator John ties to review the qualifications of any tion, environmental protection, or any Ashcroft, our former colleague. Indeed, nominee for this office. The Attorney other issue with reference to a system he is one of the most, if not the most, General is the Nation’s highest law en- of secular values, but not by drawing experienced nominees for Attorney forcement officer, and without the upon a tradition of religious beliefs, General we have ever had in our his- strong and faithful execution of the seems to me to be at odds not only tory. He is one of the best educated, laws we pass, representative democracy with the freedom of religion and ex- most experienced nominees for Attor- shall fail. Our laws become mere words. pression enshrined in the first amend- ney General I have seen in my 23 years It is with this understanding, and a ment, but also with the daily experi- in Washington. high personal regard for the office, that ence of the vast majority of our fellow What is most outstanding about Sen- I support John Ashcroft’s nomination. citizens. The first amendment tells us ator Ashcroft is not his resume, al- It has become clear to me and others, that we may not impose our religion on though we could go on and on and on after following the unusually personal others. It most decidedly does not say about that. It is not his strong record debate on this nomination, that no one that we may not ourselves use our reli- of leadership as the attorney general of can question John’s qualifications to gion to inform our public and private his State of Missouri and his leadership perform the duties of this job. In fact, statements and positions. as the Governor of the State of Mis- I believe one would be hard-pressed to It is Senator Ashcroft’s record, not souri. No, it is not his impressive legis- find a more qualified, experienced his religion, that we should judge. I ad- lative accomplishments in the Senate. nominee. John has served with distinc- mire Senator Ashcroft for his private I submit what is most outstanding tion, as has been noted and stated, as and public adherence to his faith, but about John Ashcroft is his character. It attorney general, as Governor, and as February 1, 2001 CONGRESSIONAL RECORD — SENATE S949 U.S. Senator in this body. Not once Why has he fallen short? Because in a nominations. As I already discussed during his long and successful tenure time when our country desperately and as others have discussed, Senator as a public servant has he ever failed to needs a unifier, the President has nom- Ashcroft’s history does not support the uphold an oath of office. inated a man to be the chief law en- notion that he will recommend can- Think about that. We have had some forcement officer of the country—the didates for nomination to the Federal experience in debating the merits of people’s lawyer, the lawyer for all the bench solely on the basis of their quali- the oath of office and just what it people—who has a long record of divi- fications and abilities to serve. means. I think to all of us it is a very sive and inflammatory rhetoric which It is critical to note that the Attor- sacred oath, a very meaningful oath, results in him being viewed as a polar- ney General is not the President’s law- and one that should be reflected on. izing figure. yer, he is the people’s lawyer. He rep- John has never failed to uphold his There are some folks who argue that resents our Nation before the U.S. Su- oath of office in any capacity. I know his positions are just the result of very preme Court. Senator Ashcroft once John Ashcroft does not plan on start- deeply held beliefs. Some people be- called a U.S. Supreme Court decision ing now. lieve his positions are extreme. In the ‘‘illegitimate.’’ Again, such statements Unfortunately, this nomination proc- end, the one thing that is certain is show a fundamental disrespect for the ess has done a grave disservice to a that he is, in the view of many Ameri- rule of law which we believe is so crit- very decent and honorable man. We as cans, a polarizing and divisive figure. ical in this country. When our U.S. Su- legislators often disagree on policy. I Senator Ashcroft opposed the nomi- preme Court speaks, whether we agree am sure I have disagreed with John on nation of Ronnie White, a very well-re- or disagree with them, they are the some issues. But our actions as legisla- spected African American justice on final word and they are the law of the tors are guided by our own personal the Missouri Supreme Court, for what land. convictions. We must vote our con- at least appeared to be simply political It is very important to recognize also science and represent the people who reasons. In opposing the nomination of that the vast majority of the decisions graced us with their votes. Justice White, Senator Ashcroft used that will be made by our Attorney Gen- But we are not here to elect a legis- words and language that not only were eral over the next four years will be lator. Rather, we deal with the office of inflammatory but showed a funda- difficult judgments made behind closed the Attorney General of the United mental disrespect for a man who had doors and under the national radar States. This is not John Ashcroft the lifted himself out of poverty, worked screen, outside the television cameras. Senator but, rather, John Ashcroft the his entire life to become a justice on When so many Americans believe that Attorney General. Like all of us who the Missouri Supreme Court, and com- when the doors are closed and the have served in different roles through- mitted his professional life to the fair lights and the cameras are off, Senator out our lives, I know John fully under- administration of justice. Ashcroft will not protect their inter- stands his position in government. It is not unfair for some Americans ests, our responsibility is to do what is John will faithfully enforce our Na- to question whether Senator Ashcroft best for the country. The people have tion’s laws without a hint of personal can adequately represent their public to believe that the Attorney General is bias or a hidden agenda. He will uphold interests given his history. the people’s lawyer and that he will the rule of law for all Americans, en- Some argue that Senator Ashcroft, in serve all Americans. forcing laws as they are enacted by the fact, has given his word that he will Some of Senator Ashcroft’s sup- Congress. At the end of the day and at follow the law and enforce the law. The porters suggest that the opposition to the end of this debate, my vote will be problem is that the realities of the Jus- him is about his religion and about his cast in favor of this nomination for one tice Department are that there are faith. I want to make clear that I think simple reason: John Ashcroft is a man daily choices the Attorney General will strong faith is an enormous asset in of his word. I have yet to hear anyone be required to make. He will be re- any public servant. In fact, personal demonstrate in this debate that he is quired to decide which laws will be vig- touchstones of faith and morality are not. critical to providing leadership and John has clearly stated numerous orously enforced and which laws will be defended from attack. governance in this country. times that he will not allow his per- I served with Senator Ashcroft in the Senator Ashcroft has spoken very sonal beliefs to interfere with his abil- Senate. I know him, and I absolutely eloquently about the reasons he pur- ity to enforce the law. I believe him. believe his strong faith is deep and sin- sued certain cases while he was attor- Throughout his long and successful ca- cere. I applaud and, in many ways, ney general of Missouri and why he reer, he has never, never given anyone share the strength of his religious con- challenged certain laws and legisla- a reason to doubt his word. I thank viction and his religious faith. It is cer- tion. Whether you agree or disagree John for his willingness to further tainly not because of his faith that I with what Senator Ashcroft did as at- serve our Nation and his willingness to reach the decision I do today. In fact, torney general of Missouri, you can withstand the numerous unjustified it is in spite of it. personal attacks that have been made count on the fact that those same situ- In conclusion, at a time when our Na- on him. My thanks will be expressed in ations can and will arise, in fact, dur- tion desperately needs unifying lead- my vote in favor of the nomination. I ing the term of the next Attorney Gen- ers, Senator Ashcroft is the wrong man encourage my fellow Senators to do the eral of the United States. for the wrong job at the wrong time. So The Attorney General will be re- same. it is with deep regret that I will not be quired to make daily decisions, discre- I yield the floor. able to support the nomination of Sen- tionary decisions, that are critical to The PRESIDING OFFICER. Under ator Ashcroft. the previous order, the time until 11:10 the lives of very many Americans. I yield back the remainder of my a.m. shall be under the control of the Again, it is not unfair for some Ameri- time. Senator from North Carolina, Mr. ED- cans to question whether Senator (Disturbance in the galleries.) WARDS. The Senator from North Caro- Ashcroft, even keeping his word, which The PRESIDING OFFICER (Mr. AL- lina is recognized. he has given us, will make decisions LARD). There will be order in the gal- Mr. EDWARDS. I thank the Chair. that will adequately represent and pro- leries. Mr. President, the Nation is emerg- tect them given his prior statements The Chair recognizes the Senator ing from an extraordinarily close elec- and actions. The question is whether from Texas, Mr. GRAMM. tion that has left much of the country he will, in fact, be all the people’s law- Mr. GRAMM. Mr. President, I have to feeling divided. It is a time when all of yer, as he has a responsibility to be. say that as I listen to this organized us have an enormous responsibility to The post of the Attorney General is campaign against John Ashcroft, I unite our country. In order to unite very different from other Cabinet sometimes wonder if there is not an ef- this country, we have to turn to lead- posts. The Attorney General advises fort to make the love of traditional ers who inspire confidence and bring us the President about the constitu- values a hate crime in America. together. In my judgment, with the tionality of the legislation he is being Fifty years ago, a person who set out nomination of Senator Ashcroft, Presi- asked to sign. He makes recommenda- to engage in public service might un- dent Bush has fallen short of that goal. tions to the President about judicial fairly be criticized for not being a S950 CONGRESSIONAL RECORD — SENATE February 1, 2001 member of a church or not professing John Ashcroft with the happy knowl- will wish him the very best because he religion, but who would have thought edge that that effort will fail. will be Attorney General for our coun- 50 years later that a man would be I yield the floor. try. mocked for holding a deeply held faith? The PRESIDING OFFICER. The Sen- But there is also a set of other ques- Who would have thought 50 years later ator’s time does not expire until 11:15. tions that are important to me as a that calling on the Almighty to help Does he wish to yield that time? Senator from Minnesota. To be the At- you fulfill trusts that were given to Mr. GRAMM. I yield that time to my torney General, and to head the Jus- you by your State and your Nation dear colleague. tice Department, is to be the lawyer would be held up to ridicule? The PRESIDING OFFICER. The Sen- for all the people in the country. The plain truth is, we may have ‘‘In ator from Montana. I had a great man who worked for me God We Trust’’ on our coins, but we do Mr. BURNS. Mr. President, I rise here who passed away from cancer this not have it in our heart. today in support of John Ashcroft. It last year, Mike Epstein. When I first As I have looked at this caricature will not take me long to make my met Mike, he said to me: I have been in that has been created, that his oppo- point. Washington for 30 years, but I still be- nents claim is John Ashcroft, this is Although I represent the State of lieve in changing the world. I hope we not the man I know. This is not the Montana, I was raised in the State of can work together. man with whom I have worked for 6 Missouri on a small farm, and I under- He came to the Justice Department years. This is not the man whose son stand some of the mindset that is in and worked with Bobby Kennedy, deal- attended college with my son. This is that State. My mother and father both ing with enforcement of the Civil not the man who, in public or private were active in the Democratic Party. Rights Act; the Justice Department, in 6 years, I never heard say a mean Mom was in the State Democratic dealing with enforcement of the Voting word against anyone. This is not the Committee in that State and was coun- Rights Act. Colleagues, in Minnesota, when we man who, remarkably, in my opinion, ty chairman. She often wondered what were celebrating the life of Dr. Martin can express himself without ever using happened to me, but I tried to explain Luther King, Jr., I was speaking at a profanity. to her about it one time: When you see I hear him criticized for opposing the outside world, maybe your philos- gathering. I didn’t expect the reaction. judges with no good reason, and yet in ophy changes just a little bit. I remember a book Dr. King wrote called ‘‘Where Do We Go From Here: the case of Judge White he was opposed I have heard nothing but those who Chaos or Community?’’ I had this ca- by 77 sheriffs in the State. He was op- would have reservations about John dence where I said: We have a long posed by both Senators, and he was op- Ashcroft enforcing the law. It would ways to go. And in the cadence, I said: posed and rejected by the Senate on an seem to me, after two terms as attor- We have a long ways to go when people up-or-down vote. ney general in the State of Missouri, of color are pulled along the side of the In short, when I look at all of these two terms as Governor, and 6 years in road on their way to vote because they criticisms, and when I weigh them the U.S. Senate, it would surface some- are people of color. where that he would not. against the bottom line facts, there is I could not believe the reaction of the I thank Senator KYL and Senator no basis for them at all. African American community, the I thank JON KYL and I thank JEFF SESSIONS for the research they have Latino community, the Southeast SESSIONS for the excellent job they done. I have talked to some of the law Asian community, and the Native have done in putting out the facts. enforcement people in Missouri and American community. They know that A person who fits the ugly caricature have done some research in my own what happened in Florida was wrong. that has been presented here in the home State of Montana. What I have Something went wrong there. And they Senate and around the country could found is that we couldn’t have chosen a are very mindful of voting rights, the not be the John Ashcroft I know. better man to represent this country in hate crimes legislation, the Violence A person who fit that ugly caricature the halls of the Attorney General. I Against Women Act, the Church Arson could not have been elected Attorney shall support him—and support him Act. General twice in the State of Missouri. wholeheartedly—because we have a The Attorney General is the person A person fitting that caricature would man of substance and of fiber. who advises the President on judicial not have been chosen by his fellow at- I thank my good friend from Texas appointments, whether it be to a Fed- torneys general to be the president of for yielding some of his time. I also eral district court, the court of ap- the National Association of Attorneys thank my good friend, Senator peals, or the U.S. Supreme Court. I do General. A person who fit the ugly WELLSTONE from Minnesota, for yield- not honestly believe John Ashcroft is caricature presented here could not ing some of his time he has reserved the right person to be Attorney Gen- have been elected Governor of Missouri and allowing me to go at this time. eral for our country. twice, and would not and could not I yield the floor. Some of my colleagues on the other have been chosen by his 49 fellow Gov- The PRESIDING OFFICER. Under side of the aisle—I just heard this as I ernors to head the National Governors’ the previous order, the time until 11:45 came in, getting ready to speak—have Association. shall be under the control of the Sen- labeled disagreement with this choice I know George Bush. I have a pretty ator from Minnesota, Mr. WELLSTONE. and questions that have been raised—I good idea what is in his mind and in his The Senator from Minnesota is rec- am going to raise civil rights ques- heart. And a person who met this ugly ognized. tions; this is my background; this is caricature that we hear could not and Mr. WELLSTONE. Mr. President, I my life—as a personal attack on John would not have been nominated by have voted for any number of the Ashcroft. I don’t see it that way. George Bush. The plain truth is that President’s nominees to serve in our In fact, I said to John on the tele- John Ashcroft is probably the most Cabinet, even though I am 100-percent phone: I never will savage you. I don’t qualified person ever to be appointed sure I am going to be in disagreement believe in it. I hate it. Some of my col- Attorney General. with them on some of the really major leagues have spoken on the floor with a I want to conclude with this thought. public policy questions that face our considerable amount of eloquence I am beginning to wonder if this was country. about that. all an effort to smear and defeat John It is very rare that a Cabinet nomi- But my baptism to politics was the Ashcroft or whether this was an effort nee is defeated by the Senate. It does civil rights movement. I learned from to cow John Ashcroft; whether this is not happen very often. There is a pre- men and women of color—many of an effort by those who lost the elec- sumption that the President should be them young, and many of them old, tion, who hold views that are alien to allowed to choose his or her people to and hardly any of them famous, though the views of most Americans, to try, serve in the Cabinet. In addition, I do they should be famous—about the im- through smearing John Ashcroft, to know Senator Ashcroft. I respect his portance of civil rights and human cow him in office, and in the process religious convictions. I have had per- rights. This is the framework I bring to prevent him from carrying out George sonal interaction with him, which I the Senate. This is why I am going to Bush’s agenda. I want to say I vote for have enjoyed. And if he is confirmed, I vote no. February 1, 2001 CONGRESSIONAL RECORD — SENATE S951 I don’t agree with some of the posi- The evidence is that Luxembourg I don’t know why he refused to sign tions Senator Ashcroft took as a Sen- openly embraced him. He was a great the pledge that his office would not dis- ator, but that is not the basis of my Ambassador. It is also a questionable criminate in its employment practices vote. assumption, because it is a Catholic based on sexual orientation. It is his Some of his views on abortion, to country, that Catholics would not em- first amendment right. The point is, we make abortion a crime even in the case brace a person, would not judge a per- are talking about somebody to head up of rape and incest, are extreme and son by the content of his character. the Justice Department. harsh. I once said in a TV debate that I want to be clear that as a Senator, I consider this to be a civil rights John Ashcroft gives me cognitive dis- as I think about who should head the vote and a human rights vote. That is sonance because I like him as a person Justice Department and who should be why I am voting no. Despite what John and I don’t understand how a person the Attorney General and I think about Ashcroft said during the hearings whom I like can hold, sometimes, such my own life, when I was teaching, I about his limited role in the State of harsh views. I don’t agree with his po- used to insist that students answer the Missouri on any number of legal cases sition on abortion. I don’t agree with following question: Why do you think dealing with civil rights and human some of his other positions. about politics the way you think about rights, I will discuss his role in oppos- It is not his voting record. Without politics? Then I never graded their an- ing what was a voluntary desegrega- trying to be self-righteous on the floor swer. I just wanted them to think tion order. I will highlight the testi- of the Senate or melodramatic, I have about what really shaped their view- mony of one who knows John spent hardly any time with groups or point. I have been thinking a lot about Ashcroft’s record in this area best, Bill organizations except at the beginning that in relation to this debate. There Taylor. I will highlight Bill Taylor’s when people came by and I said: Please are sets of facts and different versions testimony because I consider him to be give me everything to read and let me of truth and all the rest. a giant. I am proud to say he is one of think this through myself. What shapes my viewpoint? I am a my teachers. He is a real hero. He is I am troubled by the statements product of the civil rights movement. I one of those who joined Thurgood Mar- made by John Ashcroft and his role in am not a hero like JOHN LEWIS, but I shall’s team in the years just after the blatantly distorting the record of helped. Men and women in the civil Brown decision to work for full imple- Judge White. I am going to say ‘‘bla- rights movement were my teachers. mentation of Brown v. Board of Edu- tantly distorting the record’’ because I This is a civil rights vote. This is a cation. think that is what happened. The evi- human rights vote. Over two decades, he served as the dence is compelling. We heard from I know that John and his supporters lead counsel for a class of parents and Judge White about that as well. To call will say: Judge us by what is in our students in the St. Louis case. During him a pro-criminal judge on the basis heart. For people across the country, the most active part of that time, John of the decisions he had rendered—I people of color, people who have a dif- Ashcroft was attorney general and don’t want to say it was ‘‘extraor- ferent sexual orientation, they judge Governor of Missouri. Listen to the dinary’’—crossed a line. I have a right you by your actions. They judge you by words of Bill Taylor in his testimony as a Senator to say, if John Ashcroft, what you have said. And I believe the before the Judiciary Committee: as Attorney General, with the key po- Justice Department has to be all about I have thought seriously since this nomi- sition he would be playing in terms of justice. I don’t think John Ashcroft is nation about whether Mr. Ashcroft’s conduct judges and the Federal judiciary, is the right person to head this Justice in the St. Louis case was simply that of a going to use the same standard and the Department. lawyer vigorously defending the interests of same methodology he used to oppose It is not any one thing. I will be hon- the State or whether some of his actions Justice White, then a lot of justices, a est. I will admit a bias. I don’t have a went over the line of strong advocacy and re- great feeling for Bob Jones University. flect on his qualifications to serve as Attor- lot of men and women who could serve ney General of the United States. My conclu- our country in the Federal judiciary, As long as we are talking about race, sion is that the latter is the case. I believe will never make it. That is one of the they banned dating between students that in his tenure as Attorney General, Mr. reasons I oppose this nomination. of different races and continue to have Ashcroft used the court system to delay and The question was put to John a policy that states that gay alumni— obstruct the development and implementa- Ashcroft in the committee about his yes, former students—should be ar- tion of a desegregation settlement that was opposition to Jim Hormel: Did he op- rested for trespassing when they step agreed to by all major parties except the pose Jim Hormel because he was gay? foot on the grounds of their alma State. In so doing, he sought to prevent measures Senator Ashcroft stated that ‘‘the to- mater. I don’t have a good feeling for that were a major step toward racial rec- tality of circumstances suggested that this school. I am speaking within the onciliation in an area where there has been Mr. Hormel would not make a good am- civil rights and human rights frame- much conflict, and to thwart a remedy that bassador.’’ What made up that total- work. I don’t know why John Ashcroft ultimately proved to be a very important ve- ity? Senator Ashcroft didn’t attend Mr. accepted an honorary degree. I don’t hicle for educational progress. John Ashcroft Hormel’s hearings. He refused to meet know why you would want to honor massively resisted this desegregation effort. with Mr. Hormel. He never returned such a school. I don’t know why you I think the most troubling aspect of any of Mr. Hormel’s calls. And in the wouldn’t want to renounce all of those the Missouri school desegregation hearing, John Ashcroft suggested or policies. issue, to me, is that John Ashcroft con- stated that Mr. Hormel ‘‘recruited It is just one piece of evidence, and I sistently used his fervent opposition to him’’ to the University of Chicago know John has made it clear that he the Federal judge’s desegregation order School of Law. But Mr. Hormel says: I disagrees with some of what the school as a political issue in the campaign. don’t ever recall recruiting anybody for is about. I want to be real clear about it be- the University of Chicago. And he can’t I don’t understand the interview with cause I am not going to get into any remember a single conversation with Southern Partisan magazine. I find it pitched, acrimonious battle with any- John Ashcroft over the past 30-some to be bizarre. This is a magazine which one here on the floor of the Senate. But years. goes out of its way not to promote ra- the fact that I talk about his resist- John Ashcroft also told us, in the cial reconciliation or healing but just ance to this voluntary desegregation battle over the nomination, that Mr. the opposite. I don’t understand John case is that I am so troubled by the Hormel, by simply being an openly gay Ashcroft’s animus toward Ron White or ways in which he went after Justice man who is also a civic leader, has toward Jim Hormel. If it wasn’t that, White; the fact that I talk about Bob ‘‘been a leader in promoting a lifestyle, then it probably was some form of po- Jones University and Southern Par- and the kind of leadership he has ex- litical opportunism. I certainly don’t tisan magazine is not because I am in- hibited there is likely to be offensive understand the association with South- terested in any personal attack. I al- to individuals in the setting in which ern Partisan magazine and not even ready said I don’t understand how it is he is assigned,’’ suggesting that Lux- being willing to renounce this maga- that a person I like so much personally embourg, as a Catholic nation, would zine or acknowledge his error in doing can hold such harsh views. But he is find it difficult to receive him. the interview at the recent hearings. the lawyer for all the people of the S952 CONGRESSIONAL RECORD — SENATE February 1, 2001 United States of America if he is At- [From the Courier-Journal, Dec. 28, 2000] notes that Ashcroft voted 42 times in the torney General. He will head up the THE JOKER IN THE DECK Senate to restrict abortion, and he co-spon- sored a bill to outlaw abortion, even in cases Justice Department. This is the Voting We know that George W. Bush would have of rape and incest. to appease the Republican Party’s ultra- Rights Act. This is the Civil Rights Ashcroft often received 100 percent ratings right-wing. Act. This is the Violence Against from the American Conservative Union, and By nominating John Ashcroft for attorney Women Act. This is all about whether zero, or near zero, ratings from civil rights general, Bush has delivered, big-time. The or not you can have a man or a and environmental groups. ‘‘Bush is playing booby prize goes to the civil rights and a very sophisticated game of politics and woman—in this particular case a human rights communities. manipulation,’’ said Henderson, who noted man—who will head the Justice De- Though Ashcroft’s a Missouri Republican— that, in the federal hierarchy, the attorney partment and will lead our country he was attorney general, governor and most general is the crown jewel of the social jus- down the path of racial reconciliation. recently U.S. Senator—he’s a good ol’ boy in tice movement. We have a huge divide in the United the old South tradition. By nominating Ashcroft, Henderson said, State of America on the central ques- ‘‘With the possible exception of Sen. Jesse the President-elect is showing contempt, tion of race. We have a question before Helms, I do not believe anyone in the United ‘‘not unlike the contempt his father showed us as to whether or not we have a man States Senate has a more abysmal record on in an equally important position, the U.S. who can lead the Justice Department civil rights and civil liberties’’ said Ralph Supreme Court.’’ Under the guise of bringing Neas, president of People for the American the best and the brightest, he named Clar- for justice for all people and who will Way. be a leader when it comes to basic ence Thomas. Why, Ashcroft was given an honorary de- ‘‘It’s a cruel mockery that speaks volumes human rights questions. He is not the gree by the notorious Bob Jones University, about that administration’s character and right choice. the South Carolina school that until re- integrity,’’ Henderson said. I thank the Judiciary Committee, cently banned interracial dating. With Ashcroft’s history, unless there’s an Democrats and Republicans alike, for Meanwhile, graycoats still fighting the epiphany, I wonder whether he will be able the way in which they conducted the Civil War (see Tony Horowitz’s book, Confed- to transcend his own beliefs to enforce the hearings. erates in the Attic) must have been glad to laws of the land—whether he likes them or read the interview in which Ashcroft deliv- not. I say to John Ashcroft, whom I am ered a strong defense of Southern ‘‘patriots’’ sure is viewing this debate and listen- With Ashcroft, George W. Bush confirms like Robert E. Lee, Jefferson Davis and many African Americans’ worst fears. More- ing to all of us, that if confirmed, Stonewall Jackson. over, Bush must be listening to those who again, I wish him the very best. He will Does he defend slavery, too? say he mustn’t betray an important GOP be the Attorney General for all of us in It’s scary that this sort of rhetoric fell so base in the name of bipartisanship. our country. But I also would like to recently from the lips of one who, as attor- Just forget about healing wounds; act like ney general, will oversee the FBI, the Immi- say, to me, this is, in my 101⁄2 years in you’ve got a mandate, Dubya. the Senate, as close as I can remember gration and Naturalization Services, the For this liberal, the best thing about John Drug Enforcement Administration and fed- Ashcroft’s nomination is its potential to coming to a basic civil rights vote, a eral prisons, prosecutors and marshals. The bring even more blacks and minorities to the basic human rights vote, and I cannot attorney general is often instrumental in the polls in 2002. support John Ashcroft to be Attorney selection of federal judges as well. General and to head the Justice De- Wade Henderson, director of the Leader- [From the St. Louis Post-Dispatcher, Dec. partment; not on the basis of every- ship Conference on Civil Rights, likened 24, 2000] thing I believe in about civil rights and Ashcroft’s nomination as ‘‘political three MR. ASHCROFT AND EQUALITY human rights; not on the basis of the card monte.’’ There is a case to be made that the Senate younger years of my life; not on the That’s a card game often played by should confirm John Ashcroft as attorney hustlers who scoop up the dollars of suckers general. He has a distinguished record of basis of being a United States Senator convinced that they can pick the right card from the State of Minnesota who had honest and effective public service. He is a from among three that the cardsharks shuf- smart lawyer who was a strong state attor- Senator Hubert Humphrey, who gave fle around. ney general. And the Senate should give one of the greatest civil rights speeches In other words, while many were starting some deference to a new president’s Cabinet ever at the 1948 Democratic Party Con- to warm up to Bush with his nominations of choices. vention. retired Gen. Colin Powell and Condoleezza In addition, Mr. Ashcroft has the institu- I am in a State which is a civil rights Rice as secretary of State and national secu- tional tradition of senatorial courtesy on his State. I am from a State which is a rity advisor, respectively, the real joker in side. He served in the club and fellow sen- the deck is Ashcroft. human rights State which passed an ators will be reluctant to treat him badly. ‘‘The issue is not whether a senator will Nevertheless, the Senate should set aside ordnance that said there shall be no vote against Ashcroft’s nomination,’’ Hen- its sensibilities and scrutinize Mr. Ashcroft’s discrimination against people, not only derson said. ‘‘The question is whether the record as it relates to the job of attorney by race but sexual orientation, for Judiciary Committee will conduct a full and general. In particular, it should investigate housing, employment—across the fair confirmation hearing that will allow Mr. Ashcroft’s opposition to civil rights, board. Therefore, I vote the tradition Ashcroft’s complete record and philosophy to women’s rights, abortion rights and to judi- of my State; I vote my own life’s work be presented to the American people.’’ cial nominees with whom he disagrees. ‘‘no’’ to this nomination. There already are clues as to what The Ashcroft choice is at odds with Presi- Ashcroft’s tenure at the Justice Department I yield the floor. dent-elect George W. Bush’s image as a could mean. uniter. When Mr. Ashcroft was running for The PRESIDING OFFICER. The Sen- For example, he opposed President Clin- president in 1998, he said: ‘‘There are voices ator from Nevada. ton’s nomination of Bill Lann Lee to head in the Republican Party today who preach Mr. REID. Mr. President, I ask unan- the Justice Department’s civil rights divi- pragmatism, who champion conciliation, imous consent that Senator LEAHY’s 15 sion. He opposed, unsuccessfully, David who counsel compromise. I stand here today minutes be given to Senator KENNEDY, Satcher’s appointment as Surgeon General. to reject those deceptions.’’ So much for the Senator from Massachusetts; 71⁄2 In fact, Ashcroft opposed several of Presi- compassionate conservatism and bipartisan- minutes to the Senator from Indiana, dent Clinton’s black nominees, especially for ship. the federal bench. He spent two years killing It would be an exaggeration to say Mr. Mr. BAYH; and 71⁄2 minutes to the Sen- Ronnie White’s reputation and elevation to Ashcroft is a racist. It would be an exaggera- ator from New York, Mr. SCHUMER; and federal judge. tion to say Mr. Ashcroft is a racist. He re- that Senator DASCHLE’s time from 12:45 Ashcroft claimed that White, the first calls that his father, a noted evangelist, until 1:15 be given to Senator LEAHY. black on Missouri’s Supreme Court, was urged him as a boy to read Richard Wright’s The PRESIDING OFFICER. Is there more committed to criminals than to vic- account of the trials of a black youth in objection? Without objection, it is so tims. In fact, in more than 40 of 58 death pen- ‘‘Black Boy.’’ Africans, whom his father had ordered. alty cases, White upheld the sentence, and met on church travels, stayed at the family Mr. REID. Mr. President, I ask that when he didn’t he often was joined by judges home in segregated Springfield, Mo. the following editorials and materials Ashcroft appointed when he was governor. But Mr. Ashcroft has built a career out of opposing school desegregation in St. Louis regarding the nomination of John We also know that Ashcroft is committed to the death penalty, and is aggressively op- and opposing African-Americans for public Ashcroft be printed in the RECORD. posed to the right of choice in women’s deci- office. As attorney general in the 1980s he There being no objection, the mate- sions about pregnancy. lobbied White House counselor Edwin Meese rial was ordered to be printed in the Kate Michelman, of the National Abortion III to help persuade the Reagan Justice De- RECORD, as follows: and Reproductive Rights Action League, partment to switch sides and oppose a broad February 1, 2001 CONGRESSIONAL RECORD — SENATE S953 school desegregation plan in St. Louis. He when he chose John Ashcroft, the recently mainly Interior’s responsibility, Mrs. Whit- eventually succeeded. deposed Republican senator from Missouri, man demonstrated a real appreciation for In the early stages of negotiating the vol- for the post of attorney general. The nomi- the importance of saving natural resources untary city-county school desegregation nation later in the day of Christie Whitman, for future generations when she sponsored a plan in St. Louis, Mr. Ashcroft’s office had the moderate Republican governor of New $1 billion open space program, the largest in actually taken a positive role. But Mr. Jersey, to run the Environmental Protection New Jersey’s history. Ashcroft ended up opposing the plan because Agency tilted the overall composition of Mr. On the minus side, she slashed the budget the state had to pay for it and because he Bush’s early choices back toward the center. for environmental law enforcement and considered it an example of judicial excess. But that could not mute the widespread dis- stopped levying meaningful fines against big He told the U.S. Supreme Court that he had may over Mr. Bush’s troubling choice of Mr. polluters. That pro-business mind-set will be ‘‘little doubt’’ that ‘‘a minority’’ would be Ashcroft. disastrous if continued in her new job, as treated better in court than the state. Mr. Bush is clearly hoping that Mr. will her oft-repeated but naı¨ve faith in ‘‘vol- Mr. Ashcroft’s really inexcusable act was Ashcroft’s old colleagues will extend him the untary’’ compliance with environmental riding his opposition to the St. Louis deseg- usual senatorial courtesies and confirm him laws. As Mrs. Whitman will discover, there regation plan into the governor’s mansion. with little dissent. But Mr. Ashcroft’s hard- will be times when negotiating skills simply His so-called ‘‘McFlip’’ TV ad, accusing Gene line ideology and extreme views and actions don’t suffice. She must be willing to enforce McNary of flip-flopping on desegregation, is on issues like abortion and civil rights re- the law in the face of relentless pressure, not credited with helping win a tough GOP pri- quire a searching examination at his con- only from the big interest groups but from mary in 1984. firmation hearing. He should not be given an her superiors in the White House. Mr. Ashcroft’s U.S. Senate record deepens automatic pass. The Senate is duty-bound to the concern about his attitude toward Afri- determine whether he will be able to sur- [From the Washington Post, Dec. 23, 2000] mount his cramped social agenda to act as can-Americans. He tried unsuccessfully to BUILDING A CABINET block the appointment of Surgeon General the guardian of the nation’s constitutional President-elect Bush has been assembling a Dr. David Satcher. He scuttled the judicial values. team that for the most part is impressive in nomination of Ronnie White of St. Louis. He The attorney general has great discretion stature as well as diversity of race, gender wrote, in a South Carolina magazine, that, in deciding how much energy to devote to and background. His designation of New Jer- ‘‘traditionalists must do more’’ to defend protecting civil rights, broadening civil lib- sey Gov. Christine Todd Whitman to head Confederate leaders ‘‘or else we’ll be taught erties, keeping society free of crime, enforc- the Environmental Protection Agency fits that these people were giving their lives, ing the antitrust laws and making sure that that pattern. She has a mixed record on the subscribing their sacred fortunes and their the president and his cabinet members are environment, but on the whole she has honor to some perverted agenda.’’ And he ac- held to the same high standards—an area in pushed to protect open space and to marry cepted an honorary degree from Bob Jones which the job’s present occupant, Janet economic growth to environmental responsi- University in 1999. (It’s a wonder that Mr. Reno, has been deficient. More than any bility. Unfortunately, Gov. Bush also took a Bush would want to remind anyone of his other cabinet officer, the attorney general step yesterday that was inconsistent with own disastrous trip there.) sets the moral tone of an administration. this otherwise constructive performance. Mr. Ashcroft’s successful campaign against The position should clearly be filled with John Ashcroft, recently defeated as Missouri Mr. White is especially troubling. He opposed someone with a reputation for balance, fair- senator, has a history out of sync with the Mr. White for having voted as a Missouri Su- ness and independence. Mr. Ashcroft is by all Bush rhetoric of inclusiveness. For the cru- preme Court judge to overturn death sen- accounts honest and hard-working. Yet he is cial post of attorney general, Mr. Bush tences. Mr. Ashcroft neglected to mention also, judging by the public record, a man of should have reached higher. that some of his own appointees had voted to cramped vision, unyielding attitudes and Gov. Whitman, in seven years as New Jer- overturn as many capital sentences. Retired limited tolerance for those who disagree sey chief executive, won passage of a $1 bil- Missouri Supreme Court Judge Charles with him. His actions on racial matters lion initiative that aims, over the next dec- Blackmar, a Republican appointee, criticized alone are enough to give one pause. As Mis- ade, to save a million acres of open space Mr. Ashcroft at the time, saying: ‘‘The sen- souri’s attorney general, he opposed even a from development. Clean-air advocates give ator seems to take the attitude that any de- voluntary school desegregation plan in met- her credit for backing tough federal air pol- viation is suspect, liberal, activist and I call ropolitan St. Louis. He also conducted a lution standards and for efforts to reduce this tampering with the judiciary because of mean-spirited and dishonest campaign greenhouse gas emissions in New Jersey. Her the effect it might have in other states . . . against Ronnie White, Missouri’s first black administration has strongly supported the where judges, who might hope to be federal State Supreme Court justice, when Justice new heavy truck and diesel fuel pollution judges, feel a pressure to conform and to White was nominated for a federal judgeship. standards the Clinton administration issued vote to sustain the death penalty.’’ Mr. Ashcroft claimed, erroneously, that Jus- this week. She has fought ocean dumping Mr. Bush said Friday that he was not wor- tice White was soft on the death penalty. As and cleaned up beaches, and she is currently ried about the White case because of Mr. an added insult, Mr. Ashcroft also accepted heading a Pew Foundation-funded commis- Ashcroft’s record of appointing African- an honorary degree last year from Bob Jones sion to assess what national steps are needed Americans to the bench. In truth, Mr. University, a bastion of the Christian right to protect oceans and marine life. Ashcroft had an abysmal record and never with a history of racial discrimination. Mr. Ashcroft has been one of the Senate’s Gov. Whitman’s efforts to make New Jer- appointed a black Supreme Court judge. sey more business-friendly, particularly in Mr. Ashcroft favors the most extreme form most adamant opponents of a woman’s right the early days of her administration, earned of a constitutional amendment to ban all to choose an abortion. During his political her sharp criticism from local environmental abortions. As state attorney general he filed career in Missouri, he sought to criminalize groups. She was condemned for cutting the an unsuccessful antitrust suit against the abortion, and he has consistently supported staff and budget of the state’s environmental National Organization of Women because of an extreme constitutional amendment that agency in her first term and for reducing the its economic boycott against states that op- would ban abortion even in the case of rape reporting requirements on toxic chemical posed the Equal Rights Amendment. More or incest. Mr. Ashcroft has a poor record on emissions. It will be important for her to recently, he has opposed a strong federal church-state issues and on gay rights, and a make clear in confirmation hearings how she hate crimes law and a bill to bar job dis- dismal record on the environment. There is intends to pursue EPA’s enforcement mis- crimination against gays. thus reason to wonder how vigorously he will sion, but she brings stature and experience All of which raises the question: Is John help Mrs. Whitman enforce environmental to the job. The new administration’s posture Ashcroft the person who should be in charge laws. With Mrs. Whitman, Mr. Bush has offered a on the environment will become clearer after of the nation’s civil rights enforcement? Is far more appealing nominee for high office. Gov. Bush selects his interior and energy John Ashcroft the person to protect women His pledge to elevate the E.P.A. post to cabi- chiefs and fills critical sub-Cabinet posi- who are harassed on their way into abortion net level is also commendable. The E.P.A. is tions. But Gov. Whitman’s appointment, and clinics? Is John Ashcroft the right person to no less important than the Interior Depart- Gov. Bush’s decision to keep the EPA chief screen federal judges? In short, is John ment in providing responsible stewardship of in the Cabinet, are positive first steps. Ashcroft’s commitment to equal justice deep the nation’s natural resources. Not so the Ashcroft pick. Mr. Ashcroft enough to qualify him to be the nation’s On the plus side, Mrs. Whitman seems gen- handled with class and sensitivity his defeat chief legal officer? uine in caring about the environment, and as last month by a dead man, the late Gov. Mel a Northeasterner, she is intimately familiar Carnahan. But his Senate tenure was marked [From the New York Times, Dec. 23, 2000] with the problems of polluted air and water. by hard-right stances on abortion rights, MR. BUSH’S RIGHTWARD LURCH She joined with Gov. George Pataki of New civil liberties and other issues. He fought The right-wingers who were beginning to York in lawsuits aimed at curbing the pollu- confirmation of many of President Clinton’s feel like wallflowers at George W. Bush’s tion that drifts eastward from Midwestern judicial nominations, including well-quali- cabinet dance can stop complaining. Mr. power plants, and she has worked to protect fied moderates. In the case of Ronnie White, Bush, who made his earlier selections from the New Jersey coastline by investing in an African American justice of the Missouri his party’s ideological center, threw a big sewage treatment and storm drainage Supreme Court whom Mr. Clinton nominated bouquet to the ultraconservatives yesterday projects. Although land conservation is to a District Court vacancy in Mr. Ashcroft’s S954 CONGRESSIONAL RECORD — SENATE February 1, 2001 state. Mr. Ashcroft rallied the Senate’s Re- But in St. Louis City, which has the The PRESIDING OFFICER. Without publican caucus to defeat the nomination in State’s largest African American popu- objection, it is so ordered. a manner tinged with racial politics and un- lation, he and his appointed election Mr. SCHUMER. Mr. President, I fair to the nominee. Gov. Bush campaigned board refused to allow volunteers to be spoke at length yesterday about the as a conservative, and he should be expected trained to register voters. deep sense of pain and sadness and fear to appoint conservatives to his Cabinet, as he has with impressive choices for the State In fact, he even went so far as Gov- engendered by this nomination. It has Department, the Treasury Department and ernor to veto 2 bills to use volunteer not been an easy few weeks for those other posts. But the Senate confirmation registrars in the City. who have been involved. Whatever the process should examine whether Mr. As a result there were 1,500 volun- result today, scars remain. There are Ashcroft’s particular brand of conservatism teers involved in voter registration in some scars, of course, on Senator is best suited to the attorney general’s post. St. Louis County and zero in St. Louis Ashcroft, but he is a strong and God- Mr. REID. Mr. President, I suggest City. fearing man and I know he will recover the absence of a quorum. After Governor Ashcroft vetoed the from those and I hope and pray that he The PRESIDING OFFICER. The two voter registration bills, the voter does. clerk will call the roll. registration rate in St. Louis dropped There are scars on the Senate in The legislative clerk proceeded to by almost 20 percent. terms of our bipartisanship and ability call the roll. With this record, how can anyone be- to work together. Again, I think the Mr. KENNEDY. Mr. President, I ask lieve that Senator Ashcroft will be a desire for bipartisanship is strong in unanimous consent that the order for champion of voting rights for all Amer- this body, and I don’t think those scars the quorum call be rescinded. icans, particularly African Americans? will be permanent. There are some The PRESIDING OFFICER. Without Senator Ashcroft testified that Roe scars from the initial days of the Presi- objection, it is so ordered. v. Wade is the settled law of the land, dency of George Bush, who had cam- The Senator from Massachusetts is and that he would not try to overturn paigned for inclusiveness, bringing peo- recognized. it. ple together. This nomination clearly But his record of three decades of Mr. KENNEDY. Mr. President, just did not do that, whatever else it has non-stop attacks on a woman’s right to six weeks ago, President Bush nomi- done. nated Senator John Ashcroft to serve choose tell a different story. Again, most of the other President’s As Attorney General of Missouri, he as Attorney General of the United nominees, this nomination notwith- defended a state rule that prevented States. Since then, the nomination has standing, have been bipartisan nomi- poor women from obtaining abortions been a source of intense controversy in nees, and hopefully while this is clearly that were medically necessary to pro- the Senate and across the nation. a setback in bringing people together tect their health. He even tried to pre- At the center of the debate is one in that bipartisanship, it is not going vent Missouri nurses from providing basic question—will Senator Ashcroft to be a problem. enforce the law fairly and vigorously. basic family planning services. I have made my views known on the As Governor of Missouri, he contin- Today, I will cast my vote against Sen- floor and in committee as to why John ued his intense assault on a woman’s ator Ashcroft, because I believe that he Ashcroft does not deserve to be our At- right to choose. He made clear that his cannot do so. torney General, despite his career in mission was to have the Supreme Court My belief is based on Senator public service, despite his deep faith, Ashcroft’s quarter century track overturn Roe v. Wade. He boasted about Missouri’s record of and despite the fact that he is seen as record as a relentless opponent of civil having more anti-choice cases in the an honorable man by most in this rights—as an architect of a continuing Supreme Court than any state in the body. legal strategy to dismantle Roe v. But I hope one thing. Out of the scar Nation. Wade—as an outspoken advocate of ex- He even proposed legislation to pro- tissue and the divisiveness and the ar- treme Second Amendment rights—and hibit many common forms of contra- gument we have had, I hope something as a harsh and unfair opponent of the ception. good comes about, and that is this: I nominations of well-qualified men and As a Senator, he has strongly sup- hope the President has seen the sad- women to important positions in our ported a Constitutional Amendment to ness and the pain and the fear engen- government. ban abortions—even in cases of rape or dered by this nomination. I hope when On the issue of segregation in the incest. he nominates people to the U.S. Su- schools of St. Louis, Senator Ashcroft The power of the Attorney General is preme Court we will not have a repeat testified before the Judiciary Com- vast. The person who holds that posi- of what has happened today. I hope he mittee that the State of Missouri had tion must have a genuine commitment nominates somebody of intelligence done nothing wrong and had not been to enforce the law fairly for all citi- and judicious temperament and devo- found guilty of any wrongdoing. zens. tion to fairness. But I hope he nomi- But that’s not true. On numerous oc- But Senator Ashcroft has a deeply nates somebody who unites the Amer- casions, the courts specifically found disturbing record on issue after issue of ican people, who brings us together, that the State was responsible for the enormous importance to millions of who is not identified with one extreme segregation. Americans. faction—either on the far right or the Senator Ashcroft testified that he Throughout his long career, he has far left. complied with all court orders in the been a relentless opponent of many I do not expect George Bush to nomi- desegregation case. fundamental rights. He’s wrong on civil nate a liberal to the Supreme Court, But that’s not true. In fact, the court rights—wrong on a woman’s right to but I hope and pray this nomination ruled that he had a deliberate policy of choose—wrong on needed steps to keep has taught us that rather than a nomi- defying the court’s authority. guns out of the hands of criminals and nation of somebody on the extreme, Senator Ashcroft testified that he children. He’s wrong on many other when it deals with the judicial issues, never opposed integration. fundamental issues, and he’s the wrong the legal issues that affect us, it is But that’s not true. In fact, he re- choice to be Attorney General of the much better off for either a Democrat ferred to the St. Louis voluntary deseg- United States. It is wrong to send him or Republican President to nominate a regation plan as ‘‘an outrage against to be the Attorney General of the moderate—a thoughtful jurist but a human decency.’’ And he fanned the United States. I intend to vote no. moderate. flames of racial division by cam- I withhold the remainder of my time I think what has happened with the paigning against the desegregation and I suggest the absence of a quorum. Ashcroft nomination in terms of divi- plan in his race for Governor in 1984. The PRESIDING OFFICER. The siveness would look small compared to On the issue of voter registration, clerk will call the roll. the divisiveness that would occur if Senator Ashcroft’s record as Governor The legislative clerk proceeded to someone of Senator Ashcroft’s beliefs is equally troubling. call the roll. were nominated to the U.S. Supreme In heavily white St. Louis County, he Mr. SCHUMER. Mr. President, I ask Court. endorsed a policy of training volun- unanimous consent that the order for At the end of the day we will all vote teers to register voters. the quorum call be rescinded. what we think is best. We will each February 1, 2001 CONGRESSIONAL RECORD — SENATE S955 vote our conscience. But I think every As I said, we heard just now from the I yield to the senior Senator from one of us can take a lesson from what senior Senator from New York, Mr. Vermont. has happened here in the last few SCHUMER. Not only did he speak so well Mr. LEAHY. I thank the Senator weeks. That lesson is a simple one. on the floor, but all the Senate was from New York. I have often said how When it comes to enforcing the law, as helped by his thorough work during the much I enjoyed being on the Senate Ju- the Attorney General does, when it hearings and with the kind of com- diciary Committee. One of the reasons comes to sitting on the highest court mittee service that distinguished him is that the Senator from New York of this land, moderation is, indeed, a on the Judiciary Committee both here serves there. virtue. and in the kind of service he had in the It is a committee where we often I hope and pray all of us, including other body before. have spirited debates. We usually de- our President, will take from this bat- We heard the fine remarks of my bate the most interesting issues before tle the view that his nominations for friend from New Mexico, Senator the Senate, but I rely more and more the Supreme Court will better serve BINGAMAN; the forthrightness of Sen- on the Senator from New York to boil the Nation if they come from the mid- ator CARPER; the plain-spoken elo- down the essence of the arguments and dle, from the broad moderate section of quence of Senator STABENOW; the to lead that debate. our political spectrum. statesmanship of Senator KERRY. I am sorry the Senator from Utah is Mr. President, I will vote against I think of the words of the distin- not on the floor at the moment, but Senator Ashcroft. I do that with the guished senior Senator from Florida, the Senator from Utah, Mr. HATCH, and conviction that it is the right thing to Mr. GRAHAM, who brought to the Sen- I worked very hard to put together a do in terms of my beliefs, in terms of ate the important circumstances of his hearing where both sides could be what is good for the people of New State and his concerns—unique among heard. I believe we did that. In fact, un- York, in terms of what is good for the all of us here. like the usual practice here, both sides people of America. I hope we will not Of course, my friend, the assistant had the same number of witnesses. If I have to go through a similar battle Democratic leader, Senator REID of Ne- recall, in this case, the minority side, when Supreme Court nominees come vada, has given the kind of help he al- the Republican side, actually had one before us. ways does in debates. It is something more witness. But we tried to make Mr. President, I yield the remainder the public does not see, but he is the sure that anybody who could add any- of my time. glue that holds everything together. thing to the debate and should be heard Then, added to that was his own strong The PRESIDING OFFICER. The Sen- was heard. ator from Vermont. statement on the floor. Even during the hearings, we actu- I think of Senator BYRD, almost my Mr. LEAHY. Mr. President, I thank ally had people who were added at the seatmate in the Senate, with whom I the senior Senator from New York for last minute at the request of Senator served for over a quarter of a century his words. Could the Chair please ad- HATCH. He showed unfailing courtesy vise the Senator from Vermont what is and thank him for sharing his views. I thank my Republican colleagues for throughout all that, and I thank him the parliamentary situation? their views, those Senators who sup- for that. The PRESIDING OFFICER. The time ported this nomination, as Senator I see the Senator from Indiana in the that was allocated to the Senator from BYRD did. Chamber. I ask unanimous consent Vermont was reallocated, by unani- I think about what Senator HARKIN that the following editorials and mate- mous consent, to Senators KENNEDY, said when he spoke again eloquently rials with regard to the Ashcroft nomi- BAYH, and SCHUMER. today, and Senator LIEBERMAN, who nation be printed in the Record: Mr. LEAHY. I thank the Chair. My spoke not only about his relationship A column by Steve Neal from the understanding is the distinguished Sen- with Senator Ashcroft but of his own Chicago Sun-Times of January 31, 2001; ator from Indiana, Mr. BAYH, will be concerns about the issues of morality An editorial from the Christian here presently. To use his time, I will and of one’s upbringing, and Senator Science Monitor of today, February 1, continue under the time reserved to EDWARDS, a person who went from the 2001; this side. I would like to commend a courtroom to the Senate, and rep- An editorial from the Rutland Daily number of Senators for their contribu- resents the best of both places. Herald of January 24, 2001; tions to this matter during the day and I also commend Senator HATCH, of A column by Stuart Taylor from Na- a half we have been debating it. course, for his management of the de- tional Journal of January 13, 2001; I believe Senator KENNEDY—we just bate. A column by Stuart Taylor from Na- heard him—made extraordinarily per- I yield to the senior Senator from tional Journal of October 10, 1999; and suasive, fact-based presentations on New York. An op-ed by Benjamin Wittes from some troubling aspects of the nomi- Mr. SCHUMER. Mr. President, I Washington Post of October 13, 1999. nee’s background. I hope all Senators thank our leader on this issue on this There being no objection, the mate- listened to the remarks of Senator MI- side of the aisle, the senior Senator rial was ordered to be printed in the KULSKI, who spoke to the heart of the from Vermont, for the fine, out- RECORD, as follows: question and put to rest the false standing job of leadership and fairness [From The Christian Science Monitor, Feb. charge the Democrats are applying a that he has shown throughout these 1, 2001] narrow ideological litmus test. I appre- hearings. Every witness who was called ASHCROFT’S TOUGH TASKS ciate the eloquent words of her col- on got to testify. We had plenty of time President Bush asked the Senate to look league from Maryland, Senator SAR- to question. All the questions were into the hearts of each of his cabinet nomi- BANES, this morning. In the fashion to brought out in a fair and strong way, nees. Through careful, albeit contentious, which we have become accustomed but not in any kind of mean-spirited hearings for his nominee for attorney gen- from Senator SARBANES, he discussed way. When things began to drift a little eral, John Ashcroft, the Senate tried to do the history of the nomination, includ- bit out of hand, the Senator would just that. ing the hearing. I continue to marvel wield his big gavel that he had at the In those hearings, Americans got a first, strong taste of the rancor that can occur at the expertise of the senior Senator beginning of the hearing and his own when the Senate, and the country, is split from Illinois, Mr. DURBIN, for his com- personal gavel that he wielded right down the middle on social issues. The prehensive remarks distilled so wisely throughout. He did a wonderful job. controversy over Mr. Ashcroft’s nomination and lucidly from the hearing record. And of course his speeches on the floor broke along clearly partisan lines. Senator DURBIN spent an extraordinary and in committee have been among the Ashcroft may now be confirmed by the amount of time on this during the most thoughtful, erudite, and well re- Senate, but the Democrats have fired a hearings. I think the whole Senate ben- searched of all of them. I think I speak warning shot over the Bush ship of state. efitted from the knowledge he gained for all of us on the Judiciary Com- Their message: Expect more battles over conservative legal appointments—to the Su- from those hearings. Senator LEVIN mittee and in the Senate as a whole: preme Court or elsewhere. presented his characteristically We really thank the senior Senator for Ashcroft’s deeply conservative views on thoughtful remarks and careful rea- the great job he has done during these abortion, civil rights, and guns were sub- soning. I thank him for that. trying weeks. jected to extraordinarily close scrutiny by S956 CONGRESSIONAL RECORD — SENATE February 1, 2001 Democrats and liberal groups. Still, his crit- ophy as ‘‘pro-criminal’’ and claiming that he That’s because Senate Republicans are ics were left unsatisfied. had ‘‘a tremendous bent toward criminal ac- lined up unanimously on the side of their Sen. Patrick Leahy of Vermont, the Judi- tivity.’’ There is no evidence that Ashcroft party and their president. That includes Sen. ciary Committee’s ranking Democrat, sum- went after the African-American judge be- James Jeffords, who is a member of a vocal marized much of the concern over Mr. cause of his race. It is more likely that he quartet with Ashcroft and who plans to en- Ashcroft’s candor when he spoke on the Sen- attacked White as part of his re-election dorse his appointment. ate floor this week: ‘‘Most of us in this body strategy. This is not one of those moments when the have known the old John Ashcroft. During Ashcroft’s record on civil rights, though, is Senate’s moderate Republicans are inclined the hearings, we met a new John Ashcroft. alarming. As governor and attorney general to stray from the party line. On other Were the demurrals of his testimony real, or of Missouri, he bitterly opposed court-or- issues—campaign finance, tax cuts, missile were they delicate bubbles that could burst dered school desegregation in Kansas City defense—the Republican leadership will not and evaporate a year or a month or a day and St. Louis. More than two decades after be able to rely so surely on unanimity within from now under the reassertion of his long- the Brown vs. Board of Education ruling the party. Ashcroft’s nomination has also won the held beliefs?’’ made equal access to public education the support of a few Democrats, which assures The core issue is whether, as attorney gen- law, Ashcroft still was making the argument him of victory in the Senate. But for most eral, Ashcroft will put his own ideology that it was better to have segregated Democrats, a no vote on the Ashcroft nomi- above the law. schools. As a candidate for statewide office, nation sends an important signal: that bipar- Supporters, such as Sen. Chuck Grassley he fanned racial tensions with his shrill at- tisan progress is not achieved by pushing the (R) of Iowa, say Ashcroft has demonstrated tacks on school integration. He didn’t seem most extreme brand of Republican ideology. the integrity to maintain his ‘‘by-the-book to care that African-American youngsters Under questioning by the Senate Judiciary approach to governing’’ as he goes about were being denied an equal education. Committee, Ashcroft felt compelled to repu- cleaning up a Justice Department he and As governor of Missouri, he vetoed legisla- diate an ideology opposed to civil and wom- others feel has lacked integrity. tion that would have boosted voter registra- en’s rights. One wonders why Bush appointed The new attorney general’s adherence to tion in minority communities. He claimed him if it meant he would have to shed the that standard will be closely watched. As he that the proposed law would have led to views that have shaped his career. The likely promised the committee, he’ll have to ‘‘vig- voter fraud. If he is confirmed as the next at- reason is that Bush wanted to appease the orously’’ uphold the laws of the land whether torney general, he would have responsibility religious right. he personally agrees with them or not—in- for enforcing the Voting Rights Act. Everyone was quick to praise Ashcroft’s cluding the Supreme Court’s decision legal- During his Senate testimony, Ashcroft said integrity and to deny that he was a racist. izing abortion, Roe v. Wade, which Ashcroft that he would not attempt to undermine Roe But what kind of integrity is involved in the acknowledged as ‘‘settled law.’’ vs. Wade, the Supreme Court decision that attempt to smear another person’s reputa- Testimony regarding Ashcroft’s opposition upheld a woman’s legal right to have an tion, as he did with Ronnie White, a judge to the appointment of a black Missouri judge abortion. But he has spent his entire public who had been appointed to the federal bench? to the federal bench was particularly dis- career trying to outlaw abortions or make In many areas, Democrats are likely to co- turbing. The judge, Ronnie White, said then- them impossible to obtain. He is opposed to operate with Republicans for the sake of bi- Senator Ashcroft distorted his record, call- abortion even in cases of rape or incest. partisan achievement. It appears that Sens. ing him ‘‘pro-criminal,’’ based on his inter- ‘‘Both now and in my first term as [Mis- Joseph Lieberman and Edward Kennedy are pretation of a few of Judge White’s written souri] attorney general,’’ he told the U.S. willing to work with Bush to put together an decisions. Senate Judiciary Committee in 1981, ‘‘I have education package. And Bush appears willing Even if Ashcroft’s motives at the time devoted considerable time and significant re- to court Democratic support by gearing his were political, not racial, the episode leaves sources to defending the right of the state to education package toward low-income stu- doubts about his judgment among African- limit the dangerous impacts of Roe vs. Wade, dents. Americans and others. a case in which a handful of men on the Su- In the same vein, Republicans such as Jef- Ashcroft will have to work especially hard preme Court arbitrarily amended the Con- fords should be willing to break the party to surmount both his critics and some ele- stitution and overturned the laws of the line for the sake of campaign finance reform, ments of his own record, and to prove to the states related to abortions.’’ Ashcroft has health care, and other initiatives that the country that he will be, as Senator Leahy previously referred to the Roe decision as Republican leadership has long opposed. said, an attorney general ‘‘for all the peo- ‘‘error-ridden.’’ Most Americans disagree The Senate Judiciary Committee was able ple.’’ with that viewpoint. to win concessions from Ashcroft on civil In his written response to the Judiciary rights and women’s rights, but his work as [From the Chicago Sun-Times, Jan. 31, 2001] committee, he vowed not to re-fight these attorney general will involve far more than SOME MORE EQUAL THAN OTHERS battles because the issue had been settled the high-profile issues on which the interest groups always focus. (By Steve Neal) ‘‘through the passage of time and reaffirma- tion by the Supreme Court.’’ But he never He will help shape anti-trust policy and The attorney general is supposed to rep- has stopped trying to reverse this landmark the government’s position on the Microsoft resent all of us. decision. case. He will help shape policy on juvenile That’s what is so troubling about John Ashcroft was misguided in his assault on justice, which has been slipping back toward Ashcroft’s nomination to be the chief law en- the nomination of the openly gay James C. the dark ages, and on sentencing policy, forcement officer of this country. which has become dangerously rigid because Hormel to be ambassador to Luxembourg. Some of our more distinguished attorneys of mandatory sentences. He will apportion ‘‘Based on the totality of Mr. Hormel’s general served in Republican administra- resources within the Department of Justice, record of public positions and advocacy, I did tions. Edward Levi restored integrity in the deciding how much emphasis to put on civil not believe he would effectively represent Justice Department after Watergate. Elliot rights enforcement. the United States in Luxembourg, the most Richardson showed great principle in resign- In electing a Republican, Vermonters Roman Catholic country in all of Europe,’’ ing when Richard M. Nixon ordered him to might have expected that Jeffords would he said in 1998. fire the special prosecutor investigating Nix- maintain party loyalty in instances such as Based on the totality of Mr. Ashcroft’s on’s role in the scandal that brought down the Ashcroft nomination. Jeffords will have record, he is less than committed to equal his presidency. Herbert Brownell drafted the many other opportunities to show his inde- protection under the law. This cold-hearted first civil rights law since Reconstruction pendence, and Vermonters will be watching. man is unfit to be the people’s lawyer. and recommended the use of federal troops In electing a Democrat, Vermonters expect when the governor of Arkansas sought to Leahy to uphold civil and women’s rights. In [From the Rutland Daily Herald, Jan. 24, block integration of Central High School in voting no on Ashcroft, he will be affirming 2001] Little Rock. that even with a Republican president, these Each of these three men was committed to NOTOASHCROFT values should not be allowed to erode. equal justice under the law. Ashcroft doesn’t Democrats should not be shy about voting meet that standard. Though he is a person of against John Ashcroft when his nomination [From the National Journal, Jan. 13, 2001] ability and intelligence, his public record is for attorney general comes before the Senate A CHARACTER ASSASSIN SHOULD NOT BE one of unfairness, intolerance and exclusion. Judiciary Committee and to the Senate ATTORNEY GENERAL His role in sinking the nomination of Mis- floor. (By Stuart Taylor Jr.) souri Supreme Court Justice Ronnie White If they are afraid of being tarred as par- Former Sen. John Ashcroft, R-Mo., is an for the federal bench was disgraceful. tisan extremists for opposing Ashcroft’s able and accomplished man who won the re- Ashcroft twisted and distorted White’s judi- nomination, they ought to recognize that spect of many Senate colleagues in both par- cial record. The Judiciary Committee, which Bush’s decision to appoint Ashcroft was in ties. But he is unfit to be Attorney General. had a GOP majority at the time of White’s itself an unapologetic partisan action. The reason is that during an important de- nomination, recommended his confirmation. The Senate almost never rejects a presi- bate on a sensitive matter, then-Sen. Then Ashcroft waged a mean-spirited cru- dent’s cabinet nominee, and the vote count Ashcroft abused the power of his office by de- sade that destroyed White’s chances. He was suggests it will not reject Ashcroft. It would scending to demagoguery, dishonesty, and dishonest in labeling White’s judicial philos- be an extraordinary turn of events if it did. character assassination. February 1, 2001 CONGRESSIONAL RECORD — SENATE S957 The debate was over President Clinton’s According to Justice Department numbers, The smearing of Judge White makes the nomination of Missouri Supreme Court White, as of October 1999, had voted to up- many testimonials to Ashcroft’s integrity Judge Ronnie White to become a federal dis- hold 41 (almost 70 percent) of the 59 death ring a bit hollow. But quite apart from that trict judge. Although too liberal to be picked sentences he had reviewed. He voted to re- episode, it was most unwise for President- by a Republican President, White had shown verse the other 18, including 10 that were elect Bush to choose Ashcroft for Attorney himself to be an honest, skilled, and some- unanimously reversed and just three in General. The reason is that Ashcroft is an times eloquent jurist, well within the mod- which he was the only dissenter. (Some say uncompromising absolutist with a bellicose erate mainstream. But Ashcroft, leaning that White reviewed 61 death sentences and approach to issues ranging from gay rights hard on Republican Senators who would oth- voted to reverse 20.) His rate of affirmance and gun control to abortion (which would be erwise have voted to confirm, engineered a was only marginally lower than the 75 per- a crime, if Ashcroft had his way, even in 54–45 party-line vote on Oct. 5, 1999, to reject cent to 81 percent averages of the five cur- cases of rape and incest). He is also dead White’s nomination. Worse, Ashcroft rent Missouri Supreme Court judges whom wrong (in my view) on major issues, includ- claimed on the Senate floor that Judge Ashcroft himself appointed when he was gov- ing his aggressive push to cram even more White had ‘‘a serious bias against . . . the ernor. nonviolent, small-time offenders who pose no death penalty’’; that he was ‘‘pro-criminal Ashcroft stressed that Judge White had threat to society into our prison-industrial and activist, [and would] push law in a pro- dissented from decisions affirming death sen- complex, which has already mushroomed to 2 criminal direction’’; and that he had ‘‘a tre- tences four times as often as any Ashcroft- million inmates. mendous bent toward criminal activity.’’ appointed colleague. True. But does this sug- What would I be saying if it were Presi- The first statement was a wild exaggeration. gest that White would ‘‘push law in a pro- dent-elect Al Gore trying to put the Justice The second was a demagogic distortion. The criminal direction,’’ as Ashcroft said—or Department under (say) Sen. Edward Ken- third was a malicious smear. that Ashcroft appointees were rubber-stamp- nedy, D-Mass.—who smeared another judicial Ashcroft is not the man to head the Jus- ing unfair trials? nominee (in 1987) by saying: ‘‘Robert Bork’s The two dissents most directly assailed by tice Department. The job is vested with such America is a land in which women would be Ashcroft in fact exude moderation and care vast authority over the lives of people great forced into back-alley abortions, blacks and small, and such symbolic importance, in dealing with the tension between crime- fighting and civil liberties. In a 1998 decision, would sit at segregated lunch counters, that the minimum qualifications should in- rogue police could break down citizens’ doors clude honesty, fair-mindedness, and judi- the majority upheld the murder convictions and death sentence of a previously law-abid- in midnight raids . . .’’ cious self-restraint in the exercise of power. I would be saying that a character assassin Every new President is entitled to Senate ing Vietnam veteran named James Johnson, who had suddenly turned violent. He stalked should not be Attorney General. How about deference in choosing his Cabinet, even when you? the nominee’s policy views draw bitter lib- and killed a sheriff, two deputies, and an- other sheriff’s wife in a horrifying succession eral or conservative opposition. (Linda Cha- [From the National Journal, Oct. 16, 1999] vez might have become a distinguished of shootings that erupted out of a domestic THE SHAME OF THE RONNIE WHITE VOTE Labor Secretary but for her sad mistake of dispute. The only defense was insanity. The failing to tell Bush vetters up front what immediate issue was whether Johnson (By Stuart Taylor Jr.) they needed to know about her illegal-immi- should get a new trial, after which he would The Democratic spin is that the Repub- grant issue.) But no President is entitled to either go back to death row or be locked up lican Senate’s Oct. 5 party-line vote, 54–45, to put a character assassin in charge of law en- in a mental hospital. reject Ronnie L. White’s nomination for a If Johnson ‘‘was in control of his faculties forcement. U.S. District Court seat in Missouri was All this would be true even if Judge White when he went on this murderous rampage,’’ tinged with racism. At the very least, as were white, if Ashcroft had not expressed Judge White wrote, ‘‘then he assuredly de- President Clinton put it, the vote adds ‘‘cre- serves the death sentence he was given.’’ But such fondness for the Confederacy, if race dence to the perceptions that they treat mi- the jury’s consideration of the insanity de- were not an issue, and if Ashcroft were in nority and women judicial nominees unfairly fense had been skewed by an egregious blun- tune with the Bush pledge to be a uniter, not and unequally.’’ der. Johnson’s court-appointed attorney had a divider. But White is black. The racial con- The Republican spin is, not surprisingly, begun by stressing that a rope-and-tin-can text makes Ashcroft’s orchestration of a quite different. In the words of White’s main ‘‘perimeter’’ around Johnson’s garage was floor vote against a judicial nominee, the critic, Sen. John Ashcroft, R-Mo., White’s evidence that he had been under a delusion first since 1987 (when Robert H. Bork’s Su- record as a Missouri Supreme Court judge is that he was back in Vietnam, at war. This preme Court nomination went down), all the ‘‘pro-criminal and activist,’’ and exudes a se- was a gift to the prosecution, which blew the more deplorable. And Ashcroft’s rious bias against * * * the death penalty,’’ back-in-Vietnam strategy to bits by showing confrontational advocacy of absolutist views even ‘‘a tremendous bent toward criminal ac- that the police had set up the perimeter. tivity,’’ Indeed, said Sen. Don Nickles, R- makes him a divider, not a uniter. Both Judge White and his colleagues fault- Okla. ‘‘many’’ Republican Senators ‘‘didn’t This is not to endorse the unfounded and ed the defense attorney (for inadequate in- know what race Judge White is.’’ tiresomely irresponsible suggestions by some vestigation) as well as the prosecution (for Which is the closer to the truth? liberal critics that Ashcroft’s attacks on leaving the defense attorney with a false im- Numbers supply part of the answer. Judge Judge White were motivated by racial bias pression of the facts). They differed only on White has voted to uphold 70 percent (41) of or hostility to antidiscrimination laws. Nor whether there was a ‘‘reasonable prob- the 59 death sentences he has reviewed, while is it to join the claque who would fight any ability’’ that the jury might otherwise have voting to reverse the other 18, including 10 conservative nominee for Justice as racially found Johnson insane. The majority said no. that were unanimously reversed and three in insensitive and divisive. But it does appear Judge White said yes. His conclusion was which he was the only dissenter. That’s a bit that Ashcroft was deliberately engaging in plausible, debatable, highly unpopular (espe- inflammatory racial politics—in part to cially among police), and (for that reason) below the 75 percent to 81 percent averages boost his own 2000 re-election prospects by courageous. For Ashcroft to call it ‘‘pro- of the five current Missouri Supreme Court hanging the ‘‘pro-criminal’’ label both on criminal’’ was obscene. judges whom Ashcroft himself appointed Judge White and on then-Gov. Mel Carnahan, In the second case, one Brian Kinder was when he was Governor, according to numbers who had appointed White and was gunning sentenced to die for a heinous rape-murder. compiled by the Missouri Democratic Party. for Ashcroft’s Senate seat. Ashcroft must Judge White’s ‘‘only basis’’ for voting to give It’s well above the 53 percent average of have known that accusing a black judge Kinder a new trial, Ashcroft claimed, was Elwood Thomas, the now-deceased Ashcroft (falsely) of being ‘‘pro-criminal’’ and of ‘‘a that the trial judge had said he was ‘‘opposed appointee whom White replaced in 1995. tremendous bent toward criminal activity’’ to affirmative action.’’ False. In fact, Judge As for race, the raw fact is that the Sen- would stir the worst instincts of those voters White’s dissent termed that comment (made ate’s rejection of the 46-year-old White—the who stereotype criminality as black. in a campaign press release) ‘‘irrelevant to first black person ever to sit on the Missouri One result of Ashcroft’s reckless roiling of the issue of bias.’’ Instead he stressed an- Supreme Court—was its first floor vote racial tensions is that he would have espe- other, ‘‘indefensibly racist’’ assertion in against any judicial nominee since 1987, cially low credibility with the vast majority which the trial judge had contrasted ‘‘mi- when the Senate spurned Robert H. Bork for of African-Americans, including moderates norities’’ with ‘‘hard-working taxpayers.’’ the U.S. Supreme Court. But Democrats are and conservatives who eschew the race-bait- This cast grave doubt on the impartiality of quick to cite statistics showing that the ing rhetoric of victimologists such as the a judge who was to try a black man for mur- Senate has confirmed a substantially small- Rev. Jesse Jackson. Indeed, people who hope der in just six days, Judge White concluded. er percentage of Clinton’s minority judicial to see the Justice Department move away His dissent was far more candid and con- nominees than of his white nominees—while from its long-standing advocacy of race- vincing than the majority opinion. taking longer to bring their nominations to based affirmative action preferences (as I do) Pro-criminal? Some police groups, includ- a vote. Some Republicans claim that a high- should wonder: Can John Ashcroft be a cred- ing 77 of Missouri’s 114 sheriffs, criticized er percentage of Clinton’s minority nomi- ible advocate of making the law more color- Judge White’s record. But other law enforce- nees are liberal activists. Perhaps that’s blind? I doubt it. ment officials praised him as a good judge true. But does Ronnie White fit that bill? Deceptive rhetoric aside, is Ronnie White and ‘‘an upright, fine individual,’’ in the Consider White’s two lone death-penalty soft on crime? Not unless one equates meas- words of Carl Wolf, president of the Missouri dissents specifically criticized by Ashcroft. ured concern for civil liberties with softness. Police Chiefs Association. One involved a rape-murder for which one S958 CONGRESSIONAL RECORD — SENATE February 1, 2001 Brian Kinder was sentenced to die. Judge Ronnie White suggests that they prefer Ashcroft described White—the first African White’s ‘‘only basis’’ for voting to give judges to rubber-stamp the decisions of trial American to serve on Missouri’s Supreme Kinder a new trial, Ashcroft told his col- judges, prosecutors, and police. Court—as willing to grant a new trial to a leagues, was that Earl R. Blackwell, the trial Sen. Ashcroft also stressed criticism of clearly guilty rapist and murderer who had judge, had said he was ‘‘opposed to affirma- White’s record by police groups, including 77 been sentenced to death, because ‘‘the trial tive action.’’ of Missouri’s 114 sheriffs. This may help ex- judge had indicated that he opposed affirma- This was a cynical distortion. In fact, plain why the state’s other Republican Sen- tive action and had switched parties based White’s dissent stated that Judge Black- ator, Christopher S. Bond, joined Ashcroft in on that.’’ This charge, if true, would indeed well’s criticism of affirmative action—which opposing Judge White on the floor—after be evidence that White had placed politics came in a campaign press release explaining having introduced him to the Judiciary Com- before the law. But it is a gross distortion. his decision to leave the Democratic Party— mittee last year as ‘‘a man of the highest in- The reality is that by using White’s well-rea- was ‘‘irrelevant to the issue of bias.’’ What tegrity and honor,’’ with the ‘‘qualifications soned dissent in Kinder as a cudgel against was ‘‘indefensibly racist,’’ he continued, was and character traits’’ to be a federal judge. him, Ashcroft provided as clear an example the following assertion in Blackwell’s press But it turns out that Ashcroft himself or- of racial politics infecting the nomination release: chestrated some of the police opposition. He process as one could ever hope to see. ‘‘While minorities need to be represented faces a tough re-election battle next year Brian Kinder was tried in the court of an or [sic] course, I believe the time has come and seems to be running as Mr. Death Pen- elected judge named Earl R. Blackwell, At for us to place much more emphasis and con- alty against the man who appointed Judge the time of the trial, Blackwell was facing a cern on the hard-working taxpayers in this White—Democratic Gov. Mel Carnahan. reelection campaign. Six days before country.’’ (Carnahan also supports the death penalty.) Kinder’s trial was to begin, Blackwell an- As White wrote, this ‘‘pernicious racial Ashcroft urged at least two police groups nounced in a press release that he was stereotype * * * is not ambiguous or complex to oppose White, according to the St. Louis switching parties because he found ‘‘repug- (nor, unfortunately, original).’’ It means Post-Dispatch. Carl Wolf, president of the nant’’ the Democratic Party’s ‘‘reverse-dis- ‘‘that minorities are not hard-working tax- Missouri Police Chiefs Association, told the criminatory quotas and affirmative action.’’ payers.’’ newspaper that Ashcroft’s office had called The politics of the statement were not the And for Judge Blackwell to issue such a to solicit his opposition. Wolf declined be- problem. The problem was its all-but-overt statement—six days before he was to begin cause his group does not comment on judi- racism: ‘‘The truth is that I have noticed in the trial of a black man facing the death cial nominations. Besides, he said: ‘‘I really recent years that the Democrat party places penalty—‘‘created a reasonable suspicion have a hard time seeing that [White’s] far too much emphasis on representing mi- that he could not preside over the case im- against law enforcement. I’ve always known norities such as homosexuals, people who partially.’’ him to be an upright, fine individual.’’ don’t want to work, and people with a skin Judge White was right. And his eloquent In short, the record shows that Judge that’s any color but white.... While mi- dissent was both more candid and more con- White takes seriously his duty both to en- norities need to be represented, of course, I sistent with his court’s own precedents than force the death penalty and to ensure that believe the time has come for us to place was the majority opinion. defendants get fair trials. It suggests neither much more emphasis and concern on the Ashcroft also assailed White’s dissent from that he’s ‘‘pro-criminal’’ nor that he’s a lib- hard-working taxpayers in this country.’’ a 1998 decision upholding the murder convic- eral activist. What it does suggest is cour- Faced with a judge who had just gone on tions and death sentence of one James John- age. the record contrasting minorities with hard- son. In an appalling succession of shootings And while White may be more sensitive to working taxpayers, Kinder—an unemployed growing out of a domestic dispute at John- civil liberties than his Ashcroft appointed black man—asked Blackwell to recuse him- son’s home, the previously law abiding Viet- colleagues are, his opinions also exude a spir- self. The judge refused, saying he did not dis- nam veteran had stalked and killed a sheriff, it of moderation, care, and candor. criminate whether individuals ‘‘are yellow, two deputies, and the wife of another sheriff. Would the Republicans who voted against red, white, black or polka dot.’’ Kinder, after His only defense was insanity. Ronnie White—most of them in deference to his conviction, appealed, arguing that the ‘‘If Mr. Johnson was in control of his fac- Ashcroft and Bond—have treated an other- trial was invalid because recusal should have ulties when he went on this murderous ram- wise identical white nominee any better? been mandatory. page, then he assuredly deserves the death I doubt it. But by giving such trans- The surprising thing about this case is not sentence he was given,’’ Judge White wrote. parently bogus reasons for trashing a nomi- that Ronnie White voted to reverse the con- But a blunder by Johnson’s defense lawyer, nee who happens to be black—at a time when viction but that he was the only member of White added, had so ‘‘utterly destroyed the statistics have already raised troubling ques- the Missouri Supreme Court—several of credibility’’ of his insanity defense as to tions about the Senate’s handling of minor- whose judges were appointed by Ashcroft deny him a fair trial. ity nominees—Republicans provoked sus- when he was the state’s governor—to stand In his opening statement, the defense law- picious not only among those who are prof- up for the principle that a minority defend- yer had focused on a story that Johnson— ligate in flinging charges of racism, but also ant is entitled to a trial before a judge who who claimed to have no memory of what he among many fair-minded people. does not make public slurs against minority And those who claimed to have been igno- had done—had strung a ‘‘perimeter’’ of rope groups. Like Ashcroft, the court majority rant of White’s race compounded insen- and cans around his garage under the delu- pretended Blackwell was merely making a sitivity with obtuseness. Even if true, this sion that he was ‘‘back in Vietnam,’’ in com- political statement against affirmative ac- shows that they went into the first floor vote bat. This scenario was soon exposed as fic- tion and concluded merely making a polit- in 12 years to reject a judicial nominee with- tion: The prosecution revealed with a flour- ical statement against affirmative action out listening to what their Democratic col- ish that the ‘‘perimeter’’ had been the work and concluded that ‘‘we do not agree that the leagues were saying or learning anything of police staking out Johnson’s home after statements in the press release . . . would about the nominee’s admirable life story. the killings. cause a reasonable person to question the In an era of politicized law, as I wrote re- The majority and Judge White alike fault- impartiality of the court.’’ cently, the best antidote for partisan grid- ed both the defense lawyer (for inadequate White, in an opinion characterized by ad- lock over judicial nominees is for Presidents investigation) and the state (for leaving him mirable restraint, cut through this nonsense. to shun ideological crusaders and choose with a false impression of the facts). They ‘‘No honest reading of [Blackwell’s state- moderate centrists. That’s what President differed on whether there was a ‘‘reasonable ment] can show that it says anything other Clinton did here. And that’s why—race probability’’ that, but for these unpro- than what it says: that minorities are not aside—the Senate’s vote and the smearing of fessional lapses, the jury might have upheld hard-working taxpayers,’’ he wrote. ‘‘I doubt Judge White were shameful acts of pettiness the insanity defense. The majority said no; that any reasonable person would think that and partisanship. Judge White—noting that Johnson’s homi- a judge who makes provocative comments in a campaign press release . . . would be able cidal conduct suggested at least ‘‘something [From the Washington Post, Oct. 13, 1999] akin to madness’’—said yes. to scrupulously set aside those views just be- I’m not sure whether he was right. But it JUDGE WHITE’S JUDGES cause the judge dons a robe.’’ Because of this surely was a case on which reasonable judges (By Benjamin Wittes) appearance problem, he argued, recusal was could disagree. Anyone who believes that race played no required. And ‘‘since the judge here failed to And in another such case, in 1996, it was role in the Senate’s rejection last week of sustain the motion that he recuse himself, Judge White who wrote the court’s decision the judicial nomination of Ronnie White Mr. Kinder must receive a new trial before a upholding a brutal killer’s death sentence— should read the case of Missouri v. Kinder. judge whose impartiality is beyond re- and it was an Ashcroft appointee, then Chief Sen. John Ashcroft, the Missouri Republican proach.’’ Judge John C. Holstein, who dissented. The who led the fight to kill White’s nomination As a general matter, the White House and cornerstone of any civilized system of jus- to a federal district court vacancy in his its allies overstate the claim that minority tice,’’ Holstein wrote then, ‘‘is that the rules state, cited Kinder on the Senate floor as one and women nominees are discriminated are applied evenly to everyone, no matter of three cases that showed not merely against in the confirmation process. Having how despicable the crime.’’ White’s hostility to the death penalty but looked at many nominations, I am convinced That does not seem to be the view of many his ‘‘tremendous bent toward criminal activ- that white men with histories and records Senate Republicans now. Their treatment of ity.’’ similar to those of the women and minority February 1, 2001 CONGRESSIONAL RECORD — SENATE S959 nominees who get bogged down in the Senate he had the privilege of gracing this concern us all. Not that political pay- would also have problems. And race, to be Chamber. But he is the wrong man for back or sometimes interpreting or mis- sure, was not the predominant factor in this job. interpreting one’s record is unique White’s rejection, either. The politics of the He is the wrong man for several rea- even to this Chamber and other polit- death penalty and the 2000 Missouri Senate sons: First, the unique character of the race have that dishonor. ical candidates across the country—it But if White was not rejected because he’s Justice Department. Mr. Ashcroft has happens all the time—but it should not black, it is also impossible to read racial pol- said he will enforce the law, and I am happen in the Justice Department of itics out of his rejection. Consider what sure that is true, but it begs the cen- the United States, and it is not a char- would have happened had White and Kinder tral question: What does Mr. Ashcroft acteristic we look for in the Attorney both been Jewish and had Kinder been tried consider the law to be? The law is not General of the United States of Amer- before a judge who had issued a press release carved in stone and not subject to dif- ica. denouncing the political parties’ support for ference of opinion or dispute. Very able I was watching these proceedings last Israel that included analogous language: ‘‘While Jews need to be represented, of lawyers can have heated differences of evening, and I will not name names, course, I believe the time has come for us to opinion about what the law means, and but I heard a speech of one of our col- place much more emphasis and concern on in the Justice Department each and leagues who expressed his belief that moral people who are not obsessed with every day, hundreds of decisions, or behind opposition to Mr. Ashcroft was, money.’’ thousands of decisions, will be made— in fact, an opposition to those who are No senator would dare argue that an ap- some of which the public will never be devoutly Christian in their beliefs serv- peals court judge who insisted that such aware—about which there are varying ing in positions of high public office. I overt hostility to Jews compelled a new interpretations of the law. What will say as one Senator, nothing could be trial—even for a guilty defendant—should be kept off the federal bench for having done so. happen in those cases? It will be Mr. further from the truth. On the con- To argue that the Kinder case is reason to Ashcroft’s interpretation; it will be Mr. trary. I have a deep respect for Mr. keep Ronnie White off the bench is no less Ashcroft’s discretion; it will be Mr. Ashcroft’s religious convictions. I outrageous—just a little more socially ac- Ashcroft’s law that will be put into ef- think he should wear them as a badge ceptable. fect for the American people. of honor. His devout faith is something Mr. LEAHY. I yield to the Senator I have no doubt whatsoever that he we can all look to as a source of pride from Indiana. will bring some of his more strident on his part. The PRESIDING OFFICER (Mr. views to bear on that office in ways It is his secular views and what im- BUNNING). The Senator from Indiana. that will cause great conflict and con- plementation of those views would Mr. BAYH. I thank the Chair. Mr. troversy for this President and the peo- mean for the American people with President, I convey my thanks and ple of our country. more polarization, more divisiveness, gratitude to my colleague from I think about the Supreme Court. We and, as a result, more gridlock, that Vermont for his extraordinary leader- are not dealing with a Supreme Court troubles me. It has nothing to do with ship on this matter of utmost public nominee here, but before my colleagues his religious views, just as those of importance. He has written another cast their vote, I ask how they would John Kennedy, Joe LIEBERMAN, and honorable chapter in the history of this vote if Mr. Ashcroft had been nomi- others had absolutely nothing to do body, and I am privileged to serve with nated for the Supreme Court of the with their fitness for public service. him, as was my father privileged to United States because, in many ways, We need to state unequivocally on serve before me. the Attorney General has as much or the record his religious convictions I rise today as someone who was in- more discretion as does a member of have nothing to do with the reserva- vited to Austin, TX, several weeks be- the U.S. Supreme Court. At least be- tions that at least this Senator—and I fore the new year to discuss with our fore a decision of the Supreme Court is believe the majority of my colleagues new President the cause of bipartisan- handed down, a Justice must get four who stand in opposition—has ex- ship when it comes to improving the of his or her colleagues to agree. Very pressed. quality of our public schools. often, the Attorney General of the Finally, it is quite clear that before I rise as someone who was in the United States can make unilateral de- long, Mr. Ashcroft will become the White House several nights ago to dis- cisions and interpretations of the law. next Attorney General of the United cuss with the President bipartisanship At least the Supreme Court is bound States of America. He can take one of when it comes to improving the quality to some degree by precedent. The At- two lessons from the proceedings of of health care. torney General very often addresses en- these last several weeks. On the one I rise as someone who wants to work tirely new areas of the law for which hand, he can draw from these pro- with this President to enact a fiscally there is no precedent, giving more dis- ceedings the conclusion that he should responsible tax cut. cretion and more free rein to the views pay no attention to his critics; that I rise as someone who shares his con- and ideology of that individual. In Mr. there was no basis to any of the objec- viction that faith-based organizations Ashcroft’s case, I believe that will not tions raised to his nomination; that he have much to contribute to the welfare serve our country well. needs no reason whatsoever to reach and well-being of our country. I have been troubled by some of his out to those who have expressed their I rise as someone who deplores the behavior, and it has been outlined in concerns; and he can operate as Attor- gridlock in recent years and politics of the hearings Senator LEAHY and my ney General as he will. personal destruction and yearns to re- colleague, CHUCK SCHUMER, who just On the other hand, he can decide to turn to bipartisanship and principled left, so ably outlined in the Judiciary take the criticism not personally but compromise for the sake of the United Committee, but I want to particularly seriously. He can decide to reach out to States of America. mention the issue of Ronnie White. those who have raised objections to his Because of all these things and all we I disagree with those who say Mr. nomination. He can reach out to those can accomplish together, I also rise to Ashcroft’s opposition to Judge White who have grave concerns about how he express my opposition to the Presi- was racially based. I do not believe conducts himself in the very important dent’s nomination of John Ashcroft to that to be true. I believe it was based position of Attorney General of the be the next Attorney General of the upon prior political disagreements United States. He can dedicate himself United States of America. when Judge White served in the State to proving those who raised objections Let me say at the beginning I do not legislature—but, frankly, when it to his nomination were, in fact, in believe in pointing fingers or calling comes to the Attorney General of the error and those objections were ill- names. Some of the things that have United States engaging in political founded. been said about Mr. Ashcroft, such as payback, it is very troubling—and it It is that course of action that I hope he is a racist, are, frankly, not true, was based also upon Mr. Ashcroft’s de- he will take because in the final anal- and unfair, and for that I have deep re- sire to be reelected to this body, and ysis, any Attorney General of the gret. We need more civility in this the fact that he was willing to mis- United States of America must dedi- town. Frankly, I wished Mr. Ashcroft interpret the record of Judge White for cate himself to ensuring that our coun- himself practiced more civility when his own political personal gain should try lives out the full meaning of our S960 CONGRESSIONAL RECORD — SENATE February 1, 2001 creed: Liberty and justice for all Amer- souri would elect more than once a Chicago Law School. He practiced law icans—all—regardless of ideology, race, man to be attorney general of their en- in his State of Missouri, and then creed, or orientation. tire State, for all of their people, and served as Missouri’s attorney general I hope it is that America to which that they have all been beguiled and from 1976–1985. He was twice Missouri’s Mr. Ashcroft will dedicate himself as fooled because he really was not a good Governor. He was later elected to the the next Attorney General of the attorney general; that he was preju- U.S. Senate, where he served with dis- United States of America and prove diced; that he was discriminatory tinction on the Judiciary Committee. that the concerns that have been ex- against people; that he did not follow Throughout his career, he has had an pressed on the floor of this body were, the law? That is pure bunk because he impressive record on crime. During his in fact, misplaced. followed the law; he enforced the law. tenure as Governor, he increased fund- Mr. President, I appreciate the honor They elected him Governor twice. ing for local law enforcement, which of addressing my colleagues once For this Senate to spend this much resulted in a significant increase in again. I yield the floor to my colleague time trying to find little things about full-time law enforcement officers. from Vermont. this man that are almost the kind of He helped enact tougher standards Mr. DOMENICI addressed the Chair. things you would not even ask anybody and sentencing for gun crimes, and led The PRESIDING OFFICER. The Sen- about—I looked at some of the ques- the fight against illegal drugs. His ator from New Mexico. tions Senators asked this man, and tough stance on drugs is important to Mr. DOMENICI. Is somebody control- they are not only petty in some re- me because we are seeking to eradicate ling time on our side? spects, but they deserve an answer, a a growing heroin problem in northern The PRESIDING OFFICER. The Sen- simple answer: I don’t remember. I New Mexico. ator from Vermont actually has the can’t understand. It’s too long ago. While Governor, total State and Fed- time until 12:15. They asked him questions about con- eral spending for antidrug efforts in Mr. LEAHY. Mr. President, seeing versations 15 years ago with reference Missouri increased nearly 400 percent. my friend from New Mexico, I certainly to one of the subject matters: Did you In the Senate, he cosponsored the Com- yield to him. talk to so-and-so? Well, I do not re- prehensive Methamphetamine Control Mr. DOMENICI. I thank the Senator. member. Act of 1996. The PRESIDING OFFICER. The Sen- I am a reasonably good Senator, and Despite his impressive credentials and proven record, Senator Ashcroft’s ator from New Mexico is recognized. I can tell you right now, I really re- opponents suggest that his religious Mr. DOMENICI. Mr. President, I am member things when I was 9, and 10, and ideological beliefs will prevent him going to vote for John Ashcroft to be and 12, but I don’t remember too well from enforcing our Nation’s laws. It is Attorney General of the United States. things that happened 2 years ago. And true that he is a religious man with Let me first say, if you read what he I bet you there are a lot of Senators strong convictions. It is untrue that has done in his life, he is eminently like that. I will bet you there are a lot this will prevent him from carrying out qualified. For those who are wondering of great attorneys general in the his duties. whether the President of the United United States like that. States has picked a person who can, in Time and time again throughout his In fact, John Ashcroft enforced laws distinguished career, this nominee has fact, be a real Attorney General for the in his State as attorney general that enforced laws that run counter to his United States, they can have no doubt were inconsistent with his beliefs. And personal views. While serving as Mis- about it. He graduated from the Uni- you know what. Attorneys general souri’s attorney general, a Christian versity of Chicago Law School, which across America are doing that all the group that Senator Ashcroft favored is a very reputable university. In fact, time. They are elected by the people. was distributing Bibles on school it is one you do not get into unless The people know they differ in many grounds. After careful review, he issued they already know you are very bright. respects. They go in, and what do they an opinion stating that such activity That means, if you look at that, he was do? They follow the law. He is going to violated the State constitution. trained to be a good lawyer. follow the law. On another matter, even though Sen- Frankly, we have had a lot of Attor- The one difference versus many other ator Ashcroft is pro-life, he has un- neys General of the United States who Attorneys General, is that he is a real equivocally stated that he will inves- were not good lawyers. There is no lawyer. He will be a real Attorney Gen- tigate and prosecute any conduct by question he is trained and has proven eral. He will run that place because he pro-life supporters at abortion clinics that he is not simply good but very has the intellectual capacity, the orga- that violates the law. His prior actions good at matters that pertain to law. nizational ability, and the desire to be support this assertion. Secondly, as a Senator from one of a great Attorney General. He once asked pro-life marchers to the sovereign States, I feel very con- My friend and former colleague, Sen- sign a nonviolence pledge and to ob- cerned about the way this man is being ator John Ashcroft, is fully qualified to serve ordinary rules of courtesy with treated and why the votes are being serve as the next Attorney General of both ‘‘friend and foe.’’ It was concern garnered against him because if I were the United States, and I will vote to about potential violence at clinics that from the State of Missouri instead of confirm his nomination. led to his vote for Senator SCHUMER’s the State of New Mexico—and maybe I I served in this body with Senator amendment to the bankruptcy bill that will transplant myself there just for Ashcroft for 6 years, and I know him as made debts incurred as a result of abor- the next 3 or 4 minutes—I would ask, a man of great honesty and integrity. tion clinic violence non-dischargeable what kind of people live in Missouri? I Unfortunately, honesty and integrity in bankruptcy. think I would conclude that, as you are often characteristics worthy of Other critics contend that this nomi- look across America, they are very only secondary praise in today’s soci- nee is insensitive to minorities. His good people, very diverse. They earn a ety. Nevertheless, it is vitally impor- record on the whole indicates other- living in very different ways, from ag- tant that the public has confidence wise. riculture to manufacturing. And guess that our Attorney General, who en- This is a charge I take very seriously what. They elected this man who has forces our laws, is possessed of these because my state of New Mexico has a been under fire day after day, they traits. large population of Native Americans elected him to be attorney general of Of honesty, George Washington once and Hispanics. I am deeply concerned their State two times. They elected remarked, ‘‘I hope I shall always pos- about the interests of these and other him to be Governor twice. Then they sess firmness of virtue enough to main- minority groups throughout the na- elected him to be a Senator. tain what I consider the most enviable tion, and I have always worked to en- Frankly, does anybody really believe of all titles, the character of an Honest sure that minority rights are pro- the people of Missouri would elect a Man.’’ It is my belief that Senator tected. In fact, I have supported affirm- person who would discriminate against Ashcroft possesses such character and ative action programs in nearly every people in the State of the population is worthy of the title. federal agency. I will hold this nomi- that has been discussed here? Do they Senator Ashcroft graduated from nee’s feet to the fire on minority think the citizens of the State of Mis- Yale University and the University of issues. February 1, 2001 CONGRESSIONAL RECORD — SENATE S961 As Governor, Senator Ashcroft en- somebody else 41, I would say: Don’t There has not been a person in the acted Missouri’s first hate crimes bill. you think I ought to decide whether I Senate who has not admitted that John He was also one of the nation’s first want to vote for him? What does this Ashcroft is a person of integrity, de- governors to sign into law the Martin 49, 40, or 41 mean? I don’t understand cency, and honesty. He is a very reli- Luther King Jr. holiday. In addition, it, except some think it means that is gious man who believes in what he is he appointed numerous African Ameri- strength. doing. cans to the state bench, including the Mr. LEAHY. Will the Senator yield I believe some of the arguments that first African American ever selected on that point? have been made have been pretty bad. associate circuit judge in St. Louis Mr. DOMENICI. I am finished. I will They have distorted his record. County. yield the floor. Mischaracterizations have been After this appointment, the Mound It is strength, meaning you can de- throughout this matter. It has been City Bar Association of St. Louis—one feat the next person President Bush really hard for me to sit here and listen of the oldest African-American Bar As- sends up to be a Supreme Court judge. to some of the arguments that have sociations in the United States—said of What is that about? Nobody knows who been made. then-Governor Ashcroft: he is going send, what his philosophy is Article VI of our Constitution, while Your appointment of attorney Hemphill going to be. Pure speculation. Pure requiring that Officers of the govern- demonstrated your sensitivity, not only to speculation. And they are asking Sen- ment swear to support the Constitu- professional qualifications, but also to the ators to vote so they can have that tion, assures us that ‘‘no religious Test genuine need to have a bench that is as di- kind of message to those who are wor- shall ever be required as a Qualifica- verse as the population it serves. . . . The ried about candidates who are conserv- tion to any Office or public Trust under appointment you have just made and your the United States.’’ I fear that with re- track record for appointing women and mi- ative like this man? I don’t really norities are certainly positive indicators of think it matters too much if it is 39, 38, gard to the nomination of John your progressive sense of fairness and equity. 40, or 41; he is going to be Attorney Ashcroft to be Attorney General of the We commend you. General. United States, we are coming very This is not the description of a man I tell you, I really predict he will be close to violating the spirit, if not the who is insensitive to the needs of mi- a good one, a very good one. letter of that assurance. norities. I yield the floor. In response to a question I posed to Senator Ashcroft’s concern for mi- Mr. LEAHY. Mr. President, I realize Senator Ashcroft about the wide dis- norities did not stop when he came to we are on the time of the distinguished parity of treatment accorded him as a the U.S. Senate. As a matter of fact, Senator from Utah, but I wonder if I person of faith and that accorded to while in the United States Senate, he might take 30 seconds to respond to Senator LIEBERMAN when he was run- what my friend from New Mexico said. and Senator FEINGOLD convened the ning for Vice-President, and whether Mr. HATCH. Of course. first Senate hearing on racial profiling, anything in his religious beliefs would Mr. LEAHY. One, I commend both interfere with his ability to apply the a practice Senator Ashcroft described sides for the way they have managed as unconstitutional. He testified during law as critics had charged, Senator this. But I tell my friend from New Ashcroft said: his recent confirmation hearings that Mexico, this Senator has not asked, if confirmed he would make the elimi- In examining my understanding and my urged, or cajoled any Senator to vote commitment and my faith heritage, I’d have nation of racial profiling a priority. one way or the other. I have not lob- Senator Ashcroft supported 26 of 27 to say that my faith heritage compels me to bied one single Senator in this body or enforce the law and abide by the law rather African-American judges who were told them how I expect them to vote. than to violate the law. And if in some meas- nominated to the federal judiciary. The only time I have heard—I tell ure somehow I were to encounter a situation However, he did not support Missouri the Senator from New Mexico, if I where the two came into conflict so that I Supreme Court Judge Ronnie White. could have his attention—— could not respond to this faith heritage Nor did a majority of the U.S. Senate, Mr. DOMENICI. Sure. which requires me to enforce the law, then I would have to resign. 77 Missouri sheriffs, the National Sher- Mr. LEAHY. The only time I have iffs’ Association, and other law en- heard numbers expressed was from the If anyone is looking for reassurances forcement groups. Senator Ashcroft’s Republican leadership, when they stat- about whether Senator Ashcroft will opposition to Judge White was based ed before the hearings began—before 1 enforce the law as written, I do not on a review of Judge White’s dissenting minute of hearings was held—that all think anyone would have to look far- opinions in death penalty cases. 50 Republican Senators were expected ther than this brief paragraph. Senator In my view, a person with honesty to, and would, vote for Senator Ashcroft’s critics and supporters uni- and integrity who has a strong law en- Ashcroft, and, of course, plus Vice formly agree that Senator Ashcroft is a forcement record and a demonstrated President CHENEY, which would make a man who takes his faith seriously. And willingness to follow the law regardless majority. if he says his faith compels him to of personal beliefs is exactly the type I do also appreciate him saying that abide by the law rather than violate it, of individual that should lead the Jus- we now come to the vote. I point out I think his promise carries some tice Department. That’s the Senator this matter has come to a vote much weight. As he said in his opening state- Ashcroft I know, and he will serve with quicker than the last contested Attor- ment, he takes his oath of office seri- distinction as Attorney General. He ney General, which was in President ously, it being an oath taken enlisting has my full support. Thank you, Mr. Reagan’s term, with a Republican-con- the help and witness of God in so doing. President. trolled Senate, where they took about Nevertheless, he has been attacked as Mr. President, I am very pleased, and 10 months to bring it to a vote. The a dangerous zealot by many of his op- I congratulate the leadership here on nomination papers arrived Monday, we ponents, who suggest that his faith will our side and on their side for finally de- voted in the committee on Tuesday, require him to violate the law, or as a ciding we would vote today, not too and we are going to have a final vote liar who cannot be trusted when he long from now. I am hoping John on Thursday. says he will uphold the law, even when Ashcroft will be confirmed. I do not Mr. HATCH addressed the Chair. he disagrees with it, as he has in simi- know what this magical number of The PRESIDING OFFICER. The Sen- lar circumstances in the past. His crit- whether the Democrats can get 40 or 41 ator from Utah. ics cannot have it both ways. They is all about, but I surely would not like Mr. HATCH. Mr. President, we are at seek to impose either a caricature of to be a Senator on the other side who the end of this particular debate. We strong faith—a faith defined by them— is told: We need your vote so we can are rapidly coming up to the time followed with zealous determination in get 41 votes against this man. What where we are all going to have to vote. violation of law, or of one who flouts does that mean? Is that some reason to It would be an understatement for his faith convictions by lying about his vote against this candidate? To me, if I me to say I have been disappointed in principles to get through the confirma- were on that side and somebody told a number of our colleagues and the ap- tion process. Which is it? Apparently, me: We only have 39 against him; we proaches they have taken towards this his critics do not understand either a need you to make 40, and then told particular nominee. faith that transcends politics and S962 CONGRESSIONAL RECORD — SENATE February 1, 2001 power-grabs or the distinction between tian whose belief wholeheartedly supports his former Senate colleague Charles Schu- being an advocate for change in the law democracy, the rule of law and religious mer repeatedly intimates, he is deemed ill- and being an impartial magistrate ap- freedom. To put it starkly: He believes that equipped to enforce the law—even incapable plying the law. This is not surprising, his savior and lord, Jesus Christ, approves of of knowing whether he is enforcing the law— the American system of government. given the proclivity of many of his because of his ideological and philosophical But that won’t save him from his critics, beliefs; if the man is to be labeled a racist critics for a largely lawless, results- who cringe at such a claim, since they don’t because, as a senator from Missouri, he op- oriented, politicized approach to law, think the name of Jesus should be used in a posed one black judicial nominee while sup- whether at the Justice Department, in political conversation. But this is a kind of porting 26; if all these wholly spurious the Courts, or elsewhere. bigotry. We easily accept the idea that broad charges are allowed to stand in a disgraceful I think the corrosive attacks on a liberal sentiments inspire public service and attempt to, first, smear an honorable and su- qualified nominee because of his reli- that secular, humanitarian ideals are harmo- premely distinguished man and then defeat gious beliefs not only weakens our con- nious with American democracy. Why not re- his nomination for attorney general, it stitutional government, but also un- ligious convictions too? would become clear that the American main- Of course, any truths that anyone holds dermines the ability of citizens in our stream is a sterile, even hostile environ- dear—secular or divinely ordained—must ment. democracy to engage in a meaningful exist in the real world on the same footing as dialog with each other. When such at- others, under constitutional provisions that To be sure, the Senate Judiciary Com- tacks are made on the ground that a hold for everyone. But there is nothing in mittee, under Sen. Patrick Leahy’s leader- man’s faithful conviction will prevent Mr. Ashcroft’s record to suggest that he ship this week, seems to be just such an in- hospitable place. Even before Mr. Ashcroft him from discharging the duties of his thinks otherwise. So why do some people still find his reli- gave a jot of testimony, answered any ques- office, whole segments of our democ- tions, explained a single point of view or ac- racy are disenfranchised, and the gion so threatening? The answer, I think, is almost philosophical. It has been standard tion, or even said howdy-do, the Senate American heritage of religious toler- modern practice to speak of religion in isola- Democrats had bayonets affixed and were on ance is betrayed. tion, as something separate. Thus we hear of the attack. In an ill-mannered rant hark- Strangely, though many have com- ‘‘religion and society’’ or ‘‘religion and poli- ening back to that science-fictional, if slan- mented on these issues, some claim the tics.’’ This manner of speech has its roots in derously effective attack on Robert Bork’s inability to see any such religious at- the European Enlightenment’s conviction Supreme Court nomination, Sen. Ted Ken- tack on Senator Ashcroft and the large that Christianity was a kind of residual enti- nedy depicted an Attorney General Ashcroft number of Americans who believe ty that would soon be made obsolete by the as someone who would ‘‘advance his personal views in spite of the laws of the land’’—the much of what he does. Following my progress of science and reason. The U.S. was founded at a time when the baseless, indeed, fanciful implication being question to Senator Ashcroft, Senator Enlightenment was beginning to win Amer- that Mr. Ashcroft would serve as some kind LEAHY, the ranking Democrat on the ican converts. Thomas Jefferson expressed of Cabinet-level desperado in the new Bush Judiciary Committee, engaged in the the new moralism of the Enlightenment administration. Of course, Mr. Kennedy, following exchange with Senator when, in a letter to his nephew, Peter Carr reprising his oft-played role as Democratic Ashcroft: (Aug. 10, 1787), he encouraged him to read the heavy in the confirmation hearings of Re- Mr. LEAHY. I just would not want to leave Bible. If such reading, Jefferson wrote to publican nominees, was just warming up. one of the questions from my friend from Carr, ‘‘ends in a belief that there is no God, Mr. Schumer, if more cordial, was hardly Utah to give the wrong impression to the you will find incitements to virtue in the more temperate in his opening remarks, in- people here and just, sort of, make it very comfort and pleasantness you feel in its ex- jecting a note of condescension into the clear. Have you heard any senator, Repub- ercise, and the love of others which it will hearings by wondering how such an ‘‘impas- lican or Democrat, suggest that there should procure you. If you find reason to believe sioned and zealous advocate’’ as Mr. Ashcroft be a religious test on your confirmation? there is a God, a consciousness that you are could, as attorney general, ‘‘just turn it off? Mr. ASHCROFT. No senator has said, ‘‘I will acting under his eye, and that he approves That may be an impossible task,’’ said Mr. test you,’’ but a number of senators have you, will be a vast additional incitement.’’ Schumer, implying that Mr. Ashcroft is con- From this point of view, religion is judged said, ‘‘Will your religion keep you from stitutionally—religiously?—incapable of en- by its pragmatic usefulness—its power to in- being able to perform your duties in office?’’ forcing the law when it conflicts with his Mr. LEAHY. I’m amazed at that. spire public virtue. Whether God exists, convictions. I have been amazed too, and I am not whether faith can be felt to be personally alone. I ask unanimous consent to have true, does not matter. One might have thought that Mr. Ashcroft The problem with Mr. Ashcroft, in the eyes had pricked most of the grossly—and gro- a sampling of editorials that have of those who have been influenced more by tesquely—inflated charges against him with pointed out the religious test element the Enlightenment than by Christianity, is his compelling opening testimony during in these attacks printed in the RECORD. that he reveres God as truly superior to him- which he emphasized his commitment to en- There being no objection, the mate- self and, in a moral sense, to the republic. forcing the law as written for all Americans, rial was ordered to be printed in the That is, he takes religion too seriously for a regardless of race, color or creed. Hardly RECORD, as follows: modern man. He does not treat it as either a striking an orthodox conservative pose, Mr. [From the Wall Street Journal, Jan. 19, 2001] utilitarian devise or a merely private affair. Ashcroft spoke of his commitment, not to a Of course, if Mr. Ashcroft’s political con- color-blind society, but rather to diversity ASHES TO ASHCROFT victions on, say, abortion were the same as and integration. He elaborated on his record (By James W. Skillen) those who now fault him, his critics would of supporting minority appointments and Do deeply held religious convictions pose a applaud his belief as an incitement to virtue. nominees throughout his career, and he threat to government? May we trust a man But he holds views contrary to their own. spoke of his opposition to racial profiling. On like John Ashcroft, whose outlook appears How to explain his unwillingness to join the incendiary issue of abortion, Mr. to be saturated by faith, to serve as U.S. at- their moral majority? Disparage his religion Ashcroft declared that, consistent with pre- torney general. as something dangerous—something out of vious Republican attorneys general, he be- It may seem odd, at first, that such a ques- the mainstream that belongs to a darker, or lieved Roe vs. Wade to have been wrongly de- tion is asked at all. Odd that sincere reli- less ‘‘enlightened,’’ age. cided, but affirmed his unwavering accept- gious belief—at least when it comes to hold- And the best way to do this is to suggest, ance of the landmark cases upholding abor- ing public office—should be counted as a li- implausibly, that Mr. Ashcroft is blinded by tion’s legality. ability, whereas agnosticism and atheism are his faith, that it is so illiberal that it renders So what’s the liberals’ problem? Does any- presumed to pose no problem whatsoever. him unable to honor his obligations as a pub- one still take seriously the charges of rac- But there is a logic to the question—if in- lic official, to revere the Constitution, to ism—even after, say, the brother of slain deed there is a reasonable concern that some obey the law it is his job to enforce. But it civil rights activist Medgar Evers came out higher authority will interfere with the re- is an absurd suggestion: After all, George W. for Mr. Ashcroft this week? Does anyone— public’s human ones. Bush will put his hand on the Bible tomor- But is there a reasonable concern? That de- even a Senate Democrat—genuinely worry row as he takes the oath of office, just like pends. There are religions, and then there that Mr. Ashcroft would not enforce abortion other presidents before him. Somehow, the are religions. Clearly a man whose God calls laws even after learning, for example, that republic will survive, and perhaps even pros- for him to overthrow the American system he has supported a ban on violence against per. of government would disqualify himself for abortion clinics? Mr. Ashcroft has made it public office immediately, as would a theo- clear that, as attorney general, he would up- [From the Washington Times, Jan. 17, 2001] crat for whom clerical edicts would trump hold the Constitution and the laws of the na- federal and state laws. ASHCROFT UNDER FIRE tion. After eight years of an increasingly de- But of course John Ashcroft is not this If John Ashcroft is to be known as an ex- graded Justice Department, that would be— sort of man. He is, rather, the kind of Chris- tremist because he is a man of faith; if, as may we say it?—the department’s salvation. February 1, 2001 CONGRESSIONAL RECORD — SENATE S963 [From the New York Times, Jan. 17, 2001] sizes the critical role of religion in underpin- he declared that Jesus is a higher authority A CHRISTIAN, A CITIZEN ning both morality and constitutional self- than Caesar. That sent some fundamentalist government. He speaks passionately about church-state separationists into apoplexy. (By Robert A. Sirico) how his politics are shaped by his deeply This proved, said Barry Lynn, the executive GRAND RAPIDS, MI.—Some of the objec- held religious beliefs. director of Americans United for Separation tions to the John Ashcroft nomination for Now: If his name is Lieberman and he is of Church and State, that Ashcroft ‘‘has lit- attorney general hint that the problem with Jewish, his nomination evokes celebration. tle or no appreciation for the constitutional his conservative politics is that it is rooted if his name is Ashcroft and he is Christian, separation of church and state’’ and thus is in his Christian faith. his nomination evokes a hue and cry about disqualified from serving as attorney gen- It is true that Mr. Ashcroft has made it ‘‘divisiveness’’ and mobilizes a wall-to-wall eral. clear that he is Christian and that his reli- liberal coalition to defeat him. What Ashcroft did was not merely to state gious beliefs inform his judgment of the Just two months ago I addressed a gath- the obvious—that the American experiment world. But why shouldn’t someone who holds ering of the Jewish Theological Seminary ar- has always recognized its source in the tran- this particular belief be qualified to lead the guing that the Lieberman candidacy—the al- scendent—but to restate in his own Justice Department? most universal applause his nomination re- vernacular what Joe Lieberman had been We must remember our country’s progres- ceived, the excitement he generated when he saying up and down the country throughout sive tradition of religious tolerance. In our spoke of his religious faith—had created a the summer and fall. nation’s history, certain states subjected new consensus in America. Liberals has long It was a great day when Joe Lieberman public officeholders to certain religious vilified the ‘‘religious right’’ for mixing faith was nominated. and it was even greater that tests. For instance, in 1961, the Supreme and politics and insisting that religion has a he publicly rooted his most deeply held po- Court struck down a Maryland law that re- legitimate place in the public square. No litical beliefs in his faith. It is rather ironic quired public officials to swear to a belief in longer. The nomination of Lieberman to the that we now need to go through that same the existence of God. Progressives fought second highest office in the country by the process for Ashcroft’s constituency of co-be- valiantly against these religious tests, and it country’s liberal political party would once lievers. When the Senate confirms him, we would be a grave error to promote a new reli- and for all abolish the last remaining signifi- will have overcome yet another obstacle in gious test that would in effect block com- cant religious prejudice in the country—the America’s steady march to religious tolera- mitted Christians from public service. notion that highly religious people are unfit tion. And yet some understandable questions re- for high office because they confuse theology Mr. HATCH. Mr. President, let me main. From the time of ancient Israel and with politics and recognize no boundary be- point to just a few instances of these the early church, believers have held that tween church and state. After Lieberman, there is a law higher than those issued and amazing attacks on Senator Ashcroft, liberals would simply be too embarrassed to made on largely religious grounds, enforced by government. Its source is tran- return to a double standard. scendent and binds people’s souls in a way in How wrong I was. The nomination of a pas- since he was nominated. In fairness to which statutory law cannot. Indeed, the idea sionate and devout Christian for attorney my colleagues in the Senate, they have of a natural law that transcends the political general set off the old liberal anti-religious tried to draw a distinction between the process is a powerful argument against tyr- reflexes as if Joe Lieberman had never ex- liberal pressure groups’ attacks on anny. isted. Senator Ashcroft’s religious views and Every serious believer and every conscien- Of course, the great anti-Ashcroft revolt is my colleagues’ questioning into his tious person in public office must balance re- not framed as religious. The pretense is that ‘‘values’’ or ‘‘beliefs.’’ But their whole- spect for law with the dictates of conscience. it is about issues. Hence this exchange dur- Many have disagreed profoundly with certain ing John Ashcroft’s confirmation hearing: sale adoption of the rest of the liberal policies and wondered whether their reli- Sen. PATRICK LEAHY: ‘‘Have you heard any interest group critique of John gious commitments permitted them to co- senator, Republican or Democrat, suggest Ashcroft does suggest a connection be- operate in enforcing those policies. that there should be a religious test on your tween the objections, despite a gen- Surely, as attorney general, Mr. Ashcroft confirmation?’’ erally more guarded rhetoric. However, would also have to struggle with this conun- JOHN ASHCROFT: ‘‘No senator has said ‘I I was disappointed that just this morn- drum—particularly when it comes to abor- will test you.’ But a number of senators have ing one of our colleagues was quoted in tion, which he opposes. But it is perfectly said, ‘Will your religion keep you from being within Christian belief that one can partici- able to perform your duties in office?’’’ The New York Times as saying, ‘‘he be- pate in an essentially just system that some- Sen. LEAHY: ‘‘All right, well, I’m amazed at lieved Mr. Ashcroft’s ‘fundamental be- times produces unwise laws that must be en- that.’’ liefs and values’ would conflict with forced, as Mr. Ashcroft would do. That is at At the clumsiness, perhaps. No serious pol- the attorney general’s responsibility to least as principled a position as that of those itician is supposed to admit openly that enforce the law.’’ NY Times, Feb. 1, Catholic politicians who personally oppose Ashcroft’s religion bothers him. The reli- 2001. abortion but vigorously support Roe v. Wade. gious test that is implied is not just un- Let me turn to the testimony of Pro- George W. Bush’s response to the attacks American, it is grossly unconstitutional. The ostensible issues are abortion and ra- fessor James M. Dunn, who testified at on Mr. Ashcroft hints at the distinction be- our Senate hearings as an expert on re- tween administering the law and advocating cial preferences, both of which Ashcroft fun- legislation. He says that as attorney general, damentally opposes. But are they really? In ligion issues. I begin here because Pro- Mr. Ashcroft will enforce, not interpret, the a country so divided on these issues, can one fessor Dunn is the most explicit in his law, until such time as Congress changes seriously argue that opposing abortion and religious attack on Senator Ashcroft. them. Presumably that also includes the na- racial preferences is proof of extremism? It Most attacks have been based on the tion’s laws on abortion. would be odd indeed if the minority of Amer- divergence of his religious beliefs and a The Bible, in Chapter 13 of Romans, tells icans who believe in racial preferences and particular law, such as abortion rights, Christians that ‘‘the powers that be are or- the minority who believe in abortion-on-de- or a suggestion that the strength of his mand were to define the American main- dained of God.’’ That passage has never been deeply-held convictions will make it held to mean that every regime governs ac- stream. In fact, under these issues lies a sus- cording to God’s will. But the phrase does picion, even a prejudice, about the fitness of impossible for him to analyze the law imply that Christians face no moral obliga- a truly religious conservative for high office. dispassionately and apply it even- tion to flee from public life merely because a ‘‘Christian Right’’ is a double negative in the handedly. Professor Dunn makes his nation’s laws do not always perfectly con- liberal lexicon. It is meant to make decent attack explicitly on religious grounds. form to the highest moral standards. Americans cringe at the thought of some re- On a personal note, I am deeply dis- We are a nation that holds firm to the con- ligious wing nut enforcing the laws. appointed that a Divinity Professor, viction that a person’s religious commit- Torquemada at Agriculture perhaps. But not who has worked on important religious Justice, God forbid. ments, or lack thereof, need not bar him or liberty legislation with me and other her from public life. The Ashcroft nomina- To the anti-Ashcroft coalition, the Chris- tion provides an opportunity to reaffirm the tian Right—numbering at least 30 million, people of conscience and people of best of this old liberal virtue of tolerance. by the way—is some kind of weird fringe faith, would use such harsh and intem- group to whom bones are thrown by other- perate language to attack a person of [From the Washington Post, Jan. 19, 2001] wise responsible Republicans to induce them good faith, apparently over a policy to return to their caves. Politically, they are DISQUALIFIED BY HIS RELIGION? difference. a foreign body to be ignored, bought off or (By Charles Krauthammer) Professor Dunn says explicitly what suppressed. Hence the charge that the very others have coyly and carefully im- A senator is nominated for high office. He’s appointment of a man representing this con- been reelected many times statewide. He has stituency is, in and of itself, divisive. plied. He says, and I quote what is es- served admirably as his state’s attorney gen- Hence the salivation when news broke that sentially the thesis statement of his eral. He is devout, speaking openly and there was a tape of Ashcroft’s commence- testimony before the Judiciary Com- proudly about his religious faith. He empha- ment address at Bob Jones University. In it, mittee: ‘‘The long history of Senator S964 CONGRESSIONAL RECORD — SENATE February 1, 2001 Ashcroft’s identification with and ap- want to apologize for some of his asso- Besides undermining our basic as- proval of the political agenda of reli- ciations or take the opportunity to dis- sumptions supporting the rule of law, gious, right-wing extremism in this sociate himself from them, I would in- this position raises two additional ob- country convinces me that he is ut- vite my colleagues to show a similar jections. First, it unfairly puts the terly unqualified and must be assumed indignation for these attacks on people nominee in a lose-lose position where to be unreliable for such a trust.’’ of faith, and dissociate themselves he cannot ever win the argument be- Let me quote that point again: ‘‘The from these intolerant statements, un- cause if he disagrees with his oppo- long history of Senator Ashcroft’s less they too would like their silence to nents on policy he is branded a dan- identification with and approval of . . . be considered approval of such intoler- gerous extremist, but if he disarms the religious, right-wing extremism in this ance. Perhaps there needs to be greater policy dispute by acknowledging his country convinces [Professor Dunn] sensitivity shown here. role as enforcer of policy made by oth- that he is utterly unqualified and must In addition to such explicit attacks, ers, his veracity is called into question. be assumed unreliable for such a others attack Senator Ashcroft be- There seems to be no way to satisfy trust.’’ cause his religious beliefs can be these critics without violating the oath That is about as baldly as the matter viewed as diverging from the legal re- to uphold the law; they seem to want a can be put, John Ashcroft is ‘‘utterly sults favored by far left liberal interest promise that he will make up new lib- unqualified’’ and ‘‘unreliable’’ because groups. eral law in his enforcement position. of his ‘‘religious, right-wing extre- For example, in the area of abortion, Besides being little more than a des- mism.’’ Ms. Gloria Feldt, the President of perate attempt to justify opposition As if the name-calling were not Planned Parenthood Federation of under any circumstances, this path enough, to make this an even more America criticized Senator Ashcroft leads to a second, and more chilling re- stunning assertion, the case Professor for ‘‘his belief that personhood begins sult for religious tolerance, namely Dunn offers to prove this perceived at fertilization,’’ saying ‘‘his actions that of Senator’s judging a nominee on ‘‘extremism’’ is that John Ashcroft was and statements over time with regard the basis of their views of the nomi- the ‘‘principal architect’’ of the so- to choice and family planning rep- nee’s religious faith and that faith’s called ‘‘charitable choice’’ legislation resent no mere commentary on policy priorities. John Ashcroft responds to which was passed by the Congress and decisions of the day, but rather illus- those who criticize him for his beliefs signed by President Clinton in 1996. trate deeply held beliefs that put him about abortion and the beginning of To suggest that duly passed legisla- at odds with the overwhelming major- life, for example, by stating that his re- tion, adopted by two branches of gov- ity of Americans.’’ She went on to ligion requires him to follow the law as ernment controlled by different polit- argue that his view is ‘‘one of the most written when he is filling an enforce- ical parties is outside the mainstream extreme positions among those who op- ment role, and his oath to do that will is simply ludicrous, and suggests that pose a woman’s right to make her own be binding on him. Those who chal- the one outside the mainstream is not reproductive choices, John Ashcroft ac- lenge his veracity on this point are Senator Ashcroft, but rather his crit- tually believes that personhood begins picking and choosing which of Senator . . . at the moment that sperm meets ics. This is a point that could be made Ashcroft’s religious beliefs they feel egg, the moment of fertilization.’’ on a number of policy fronts. are genuine or which religious prin- Well, call it extreme if you will—that This critique is particularly odd ciple has priority for him. I think this when both major-party presidential word is a hobby horse of the far left lib- moves dangerously close to the line of candidates have been talking up the eral groups who oppose this nominee— imposing a religious test on a nominee. concept of charitable choice very re- but I understand that is the position of Oddly, to justify questions approach- cently in their campaigns. a number of churches, including the ing this line, one Judiciary Committee I am disappointed when policy dis- Catholic church. What is striking and member suggested that is was perfectly agreements deteriorate into name-call- chilling about this attack is the impli- appropriate to inquire whether a Quak- ing, but considering the source I am cation that anyone who holds this be- er could faithfully discharge the office particularly disappointed. I would hope lief, including believing members of of Secretary of Defense. I am not sure that the United States Senate would many churches, including the millions we should be so blithely assured that it never countenance such attacks in the of believing Catholics, are unfit for the is appropriate to inquire about a nomi- consideration of this, or any other, office of Attorney General because of nee’s religious beliefs and then judge nominee. I hope no weight will be given their ‘‘extreme positions.’’ Surely, the that nominee based on what we think to such intemperate vitriol, nor more Senate cannot take the position that their religion requires of them. That guarded attacks made in the same spir- faithful Americans who adhere to the robs the individual conscience of its it. I hope that none of my colleagues pro-life doctrines of their churches, or would join in such attacks, whether ex- even those who are pro-life on secular freedom and robs the executive of the plicitly stated or couched in more care- grounds, are unfit for office because of choice of cabinet team based on a Sen- ful language. this view. ator’s own projection of what a nomi- I am glad that at least Professor Where all of this leads is down one of nee’s religious code ought to be. Per- Dunn’s clear statement can put to rest two roads. Either the political views of haps we can ask a nominee the general the question of whether Senator about half of the country—including a question whether there is anything Ashcroft is being attacked in part on duly elected pro-life President—make that would keep them from fulfilling his religious beliefs. Dunn is not alone, one unfit for office, which clearly can- their duties, but I do not think it ap- either. For example, Barry Lynn, of not be right in a democracy. Or reli- propriate to assume that someone is Americans United for Separation of gious people who actually believe their unfit for a job because we have pre- Church and State, in attacking Sen- religions are unfit for public office, conceptions about what their sect be- ator Ashcroft’s nomination also cites which clearly cannot be right in a tol- lieves and then criticize them if their charitable choice—again, a law adopted erant and pluralistic society founded in answers do not fit our preconceptions by two branches of government con- part on religious freedom. of what they should believe. We need to trolled by two different parties—as an Or there is a third path. That path is tread very carefully here. We would do instance of Ashcroft’s ‘‘extreme the one John Ashcroft’s opponents well in such matters to give the benefit views.’’ And to underscore the broader have added most recently to counter of the doubt to the nominee. We have point, Lynn points to the apparently his assurances that he will follow the certainly given the benefit of the doubt decisive fact that ‘‘Religious Right law, even where he disagrees with it. to the last president when we had leaders find Ashcroft’s fundamentalist That path is to try to brand as a liar a qualms about the quality or creden- Christian world view and his far-right person who, while disagreeing on pol- tials of some of his nominees, or their political outlook appealing.’’ Let us be icy, promises to honor the law as the policy positions. But we owe a special clear here: the charge is guilt by asso- policy-makers have made it. This path duty to resolve doubts in favor of a ciation with religious people. attacks the very notion of dis- nominee when questions stem from our As a number of my colleagues have passionate analysis and even-handed assumptions about a nominee’s reli- suggested that the nominee might application of the law. gious beliefs, especially in the face of February 1, 2001 CONGRESSIONAL RECORD — SENATE S965 the nominee’s contradiction of our as- finding. Rather, this is a finding that Americans to their highest and best.’’ sumptions. must be made only by a trial court. Providing clean needles to drug ad- Mr. President, I think we would all The fact that the State was never dicts, Senator Ashcroft reasoned, was do well to remember what we know found liable for an inter-district viola- analogous to ‘‘giving bullet proof vests about John Ashcroft, and not be influ- tion is shown by the fact that through- to bank robbers.’’ He argued that such enced by a caricature painted by those out 1981 and 1982, the parties were pre- a policy would ‘‘hurt kids, tear apart extreme groups whose distortions of paring for trial on the very question of families, and damage the culture.’’ this honorable man are driven largely inter-district liability. Senator Ashcroft went on to state that by their own narrow political interests. So again, I emphasize that it is true providing needles to addicts ‘‘is accom- We know him to be a man of integrity, and correct to say that the State was modating us at our lowest and least.’’ a man of his word. A man who reveres never found liable for an inter-district In light of the fact that heroin use American constitutionalism, democ- violation. among eighth graders had doubled and racy, pluralism, and equality before Although the State was not found that marijuana use was up 99 percent the law. We know John Ashcroft is the liable for an inter-district violation, it at the time when the Clinton adminis- sort of person whose word is his bond. was required by the district court to tration was considering lifting the ban And if his religion is relevant, it speaks pay for a settlement reached by the on federal funding for needle exchange for him as a person who will discharge suburbs and the City of St. Louis. This programs, Senator Ashcroft concluded the office of Attorney General with order by the district court was likely that ‘‘America deserve[d] better,’’ and honor and dignity, with impartiality, unconstitutional under the Supreme that its leaders needed to set ‘‘a higher according to the law established by the Court’s decision in Milliken. standard than providing clean needles constitutional process he reveres. Opposing these court orders for a for drug users.’’ I think if we examine our hearts, we plan that was constitutionally suspect, Some have mischaracterized Senator will find nothing that disqualifies him expensive, and ineffective, does not Ashcroft’s record on drug treatment. I to be Attorney General. And we can- make Senator Ashcroft an opponent of have complete confidence in saying not, in good conscience, say that all desegregation. that the majority of Americans agree with Senator Ashcroft. Providing drug those Americans who believe as he does Indeed, the plan as implemented has addicts with clean needles is not the are outside the mainstream of Amer- been a dismal failure. Test scores actu- most effective drug prevention or ican opinion. No, they are solidly with- ally declined from 1990 to 1995. Scores treatment. in the history of American pluralism on the standard achievement test went Just last session, Senator Ashcroft and freedom, including religious free- from 36.5 to 31.1 at a time when the na- authored and introduced S. 486, a com- dom. We know John Ashcroft will tional mean was 50. And the graduation prehensive bill that attacked the meth- faithfully discharge his duties and rate has remained at a dismal 30 per- amphetamine problem on several honor his oath of office, sworn as he cent. fronts, including the prevention and points out ‘‘so help [him] God.’’ And we To question Senator Ashcroft’s integ- treatment fronts. S 486 was a balanced know this no matter what the liberal rity over such a complicated and con- drug bill that contained significant and pressure groups assert. I hope we will troversial issue is to seriously distort innovative prevention and treatment similarly honor our oaths, rejecting his record and disbelieve his sworn tes- provisions. For example, the bill: (1) what has become in essence a religious timony. Expanded the National Drug Abuse test for this nominee, and vote to con- Senator Ashcroft acted with great Treatment Clinical Trials Network firm this honorable man to the post of probity as a representative of the State which conducts research and clinical Attorney General. of Missouri. He supports integration trials with treatment centers relating My colleague Senator KENNEDY sug- and deplores racism. to drug abuse and addiction and other gests that to oppose court-ordered bus- As one who feels very strongly about biomedical, behavioral and social ing makes a person against integra- drug issues, I am pleased to say I have issues related to drug abuse and addic- tion. But nothing could be farther from been working with Senator LEAHY on tion; (2) authorized $10 million in the truth. I think most people highly legislation dealing with drug treat- grants to States for treatment of meth- abhor racial segregation. However, the ment and prevention, and we are going amphetamine and amphetamine addic- remedy for such segregation is ex- to get that done this year. tion; (3) authorized $15 million to fund tremely controversial. Mr. Bob Wood- I feel compelled to respond to some grants to public and nonprofit private son testified that a significant major- of the criticism launched at Senator entities to carry out school-based and ity of African-Americans opposes bus- Ashcroft yesterday regarding his community-based programs concerning ing for integration. And it is no won- stance on drug treatment. Some have the dangers of abuse of and addiction der, given that many of these programs questioned Senator Ashcroft’s dedica- to methamphetamine and other illicit have been a dismal failure. They may tion to investing in drug prevention drugs; and (4) required HHS to conduct have moved some children out of city and treatment programs in the battle a study on the development of medica- schools, but they have done little to against drug abuse and addiction. tions for the treatment of addiction to improve inner-city schools. Indeed, yesterday when giving a amphetamine and methamphetamine. I would like to address several alle- statement in opposition to Senator Another important treatment provi- gations that continue to be made relat- Ashcroft, one Senator suggested that sion, included in S. 486, offered an inno- ing to Senator Ashcroft’s involvement Senator Ashcroft opposed investing in vative approach to how drug addicted with school desegregation cases in Mis- drug treatment. That simply is not patients could seek and obtain treat- souri. First, let me say that I do not in true. Senator Ashcroft’s record in the ment by creating a decentralized sys- the least condone segregation in St. Senate proves that he placed a lot of tem of treating heroin addicts with a Louis or Kansas City or anywhere else. faith in drug prevention and treat- new generation of antiaddiction medi- It is a shameful legacy that must be ment. cations. This provision, which was dealt with appropriately. He has always believed, as do many added to S. 486 and was fully supported Second, while the costs of the deseg- of us, that America’s drug problems by Senator Ashcroft, was taken from a regation program were exorbitant, this can only be conquered through a com- bill introduced by myself and Senators is not the only criticism to be made of prehensive, balanced approach con- LEVIN and BIDEN. I am sure Senator the plans. The primary argument re- sisting of interdiction and law enforce- LEVIN would agree that Senator peatedly made by Senator Ashcroft is ment efforts as well as prevention and Ashcroft’s sponsorship and support for that the State was never found liable treatment. this very provision, not to mention the for an inter-district violation. It is true that in 1998, Senator countless other provisions included in Senator KENNEDY has referred to an Ashcroft called on the Clinton adminis- the bill, demonstrate this commitment 8th Circuit decision that he argues tration to continue the ban on federal to utilizing and funding effective pre- found the State of Missouri guilty of funding for clean-needle programs, vention and treatment programs in the an inter-district violation. But a cir- stating ‘‘the nation’s leaders have a fight against illicit drug abuse and ad- cuit court cannot make such a factual fundamental responsibility to call diction. Senator Ashcroft’s record S966 CONGRESSIONAL RECORD — SENATE February 1, 2001 proves he believes in prevention and souri in the arguments that have been we might lose. But that doesn’t mean treatment programs and his views on made here. Why, you would all have to the case wasn’t good. If you look at the one particular, and I must say con- imply that the people of Missouri just record of court-ordered desegregation troversial, form of a treatment pro- have no brains to elect somebody as vi- in St. Louis and Kansas City, it didn’t gram. cious, as violent, and as awful as John work. The people hurt the worst were There are so many things I could Ashcroft, when it is completely the the people in the inner cities of St. bring up that have been distortions, other way. I commend the people of Louis and Kansas City. It cost $1.8 bil- misrepresentations, and downright Missouri for having the brains to have lion, which John thought was a raid on falsehoods stated on this floor and in somebody of that quality serve them as the State treasury. The State was our committee about Senator attorney general, Governor, and Sen- never found liable for interdistrict seg- Ashcroft—especially by outside groups. ator. regation. Those are important points. The sheer volume is mind-boggling to Look at the way he handled his de- I want Members to think about it. me. feat—with decency; much more than Why would anybody in this body say I recall the Golden Rule of ‘‘do unto has been shown to him—consideration, some of the things that have been said others as you would have them do unto and kindness. And we are happy to wel- about John Ashcroft? Is it because they you.’’ come our new colleague from Missouri want to make John Ashcroft the new I wonder how many people would like because of John Ashcroft’s gracious Newt Gingrich so they can raise funds to be treated like Senator Ashcroft has concession and because she is a great for reelection? I certainly hope not. been treated by some of our colleagues person to boot. But Senator Ashcroft But there are some who believe that. I here and some of these outside groups, could have contested the election. The am not sure it is not true. Is it because distorting his record, trying to make loss of a Senate race has to be per- they are sending a message that no him look bad—all in the good name of sonal. There are other legal aspects as conservative who believes in the right politics. I think it is wrong. Buddhists well, it could be argued. But he didn’t. to life should ever be Attorney Gen- say it another way. Buddhists say, ‘‘Do He did not do what others are doing to eral? Or even more, should never be on as you would be done by.’’ It is very him. the circuit courts or supreme court of similar. Do unto others as you would When I see these outside groups, I this land? Is that what we are doing? I have them do unto you. welcome them because it is the first believe some are doing it for that rea- How many of us would like to be time we have seen them in 8 years. son. I know some of the outside groups treated like this? Here is a man who Isn’t that interesting? They seem to are doing it for that reason. I know was elected attorney general of his react and get into action only when they are trying to get as many votes State, who did his best to do that job, there is a Republican President. I won- against John Ashcroft so they can who enforced laws he didn’t agree with. der why that is the case. claim a victory, even though John And he has a record that can be shown. I respect their right to advocate. I re- Ashcroft is going to be the next Attor- ney General of the United States. I He was selected by his peers—the other spect their point of view even though I guess they want to undermine him 49 attorneys general of the United don’t agree with many of them. I re- spect their right to come in and state from day 1. They got the wrong guy. States of America—to head the Na- that point of view. This is a fellow who will do what he tional Attorneys General Association. But I resent the way they have done thinks is right, and by and large will be And we have people here saying he it. I resent the way they have picked right. Everybody in this body admits should not be Attorney General of the on John Ashcroft. I resent the unfair he would be a great law enforcement United States. tactics. I resent the distortions of his Attorney General. You don’t get elected by 49 other record. Boy, it has been distorted. I The fact is, they know he is tough on state attorneys general—Democrats think we all resent it. crime. After all, that is one of the and Republicans—unless you are a Let he who is without sin cast the things we are all worried about. People quality person. What is more, he be- first stone. are scared to death in this land today came Governor of the great State of Isn’t it amazing that only during Re- because we have allowed drugs to per- Missouri for 8 years. As Governor of publican Presidencies we have all these vade the land. We have allowed crimi- the State of Missouri, he also became groups coming out of the woodwork? I nality to pervade the land. We haven’t the head of the National Governors’ guess they can say it is because Repub- been as tough as we should be. We have Association elected by the other 49 licans don’t agree with them. illicit use of guns in this land because Governors. I submit that you don’t get That is what makes this country we are not enforcing the laws. Instead elected chairman of the National Gov- great. We don’t all have to agree. of going after those who misuse the ernors’ Association unless you are a Let me put it bluntly. Is it getting to guns, they have been complaining quality individual, of great substance, the point where only pro-choice people about guns themselves. I would rather fair and decent, and you surely would can serve in as Attorney General of the attack the problem in a responsible not get elected if you were against de- United States? Do we have a litmus and intelligent way. Let he who has segregation. There is no way. test that says that we have to reject not sinned cast the first stone. Do unto Then he served 6 years in this Senate highly qualified individuals who be- others as you would have them do unto and I have never heard one person in lieve otherwise, but who will enforce you. this body say that he is not a man of the law as it exists? Is that where we I hope we don’t have another nomi- integrity, decency, and honor. are going in this country? Or are we nee that goes through this, a person of Do unto others as you would have going to continue to distort his record decency and honor. I hope whether he them do unto you. on guns? John Ashcroft has a sterling or she is a Democrat or Republican, I have never seen treatment like this record on getting tough with criminals they will have a little more class than of a worthy colleague. I have never who use guns. That is the way to end we have had displayed in this matter. I seen treatment like this of somebody the misuse of guns in this society—get hope my colleagues on the other side who has spent a lifetime living his be- tough on those who misuse them. will vote for John Ashcroft because it liefs and doing what is right. There would be a lot less crime. But is the right thing to do. We should Of the 69 Attorneys General of the no, if we don’t agree with certain anti- never get into these name-calling con- United States, John Ashcroft has more gun groups and we just ignore the his- tests and distort people’s records, espe- qualifications than all but a handful; tory of the second amendment com- cially someone of the quality of John some say more qualifications than any pletely, we are not worthy of being At- Ashcroft, and a colleague at that. one who has been Attorneys General. I torney General. Mr. President, I rise today to speak will not go that far. But there is only To have his record distorted when he in strong support of President Bush’s a handful that have at least some of has been a forthright, strong proponent nominee for Attorney General, our the qualifications that John Ashcroft of tough anticrime laws against those former colleague, John Ashcroft. Sen- has. who misuse guns, it is a disgrace. ator Ashcroft will be one of the most Think of what Senator Ashcroft’s Desegregation: Sometimes in the law qualified Attorney Generals in our his- critics are doing to the State of Mis- we can differ and have a good case and tory. Unfortunately, he has also been February 1, 2001 CONGRESSIONAL RECORD — SENATE S967 the target of one of the most vicious hearing about his priorities for the in the commission of a felony dropped and unrelenting smear campaigns in Justice Department, Senator Ashcroft nearly 50 percent, from 7,045 to ap- our history, and it is with that in mind cited the abolition of racial profiling as proximately 3,800. In the Senate, John that I feel compelled to set the record one of his top two priorities. Ashcroft was one of the leaders in straight and describe at length, the I ask my colleagues to look to Sen- fighting gun crimes. To reverse the de- real facts and the real qualifications of ator Ashcroft’s record and ignore the cline in gun prosecutions by the Jus- someone I think this country will be propaganda generated by extremist tice Department, Senator Ashcroft very fortunate to have serve as our At- lobbying groups. Under attorney Gen- sponsored legislation to authorize $50 torney General. eral Ashcroft, the Civil Rights Division million to hire additional federal pros- Mr. President, much of the debate will be in good hands. ecutors and agents to increase the fed- over the nomination of John Ashcroft Senator Ashcroft stated at his con- eral prosecution of criminals who use has focused on issues tangential to the firmation hearing that the paramount guns. core mission of the Department of Jus- civil right is personal safety. The At- In addition, Senator Ashcroft au- tice. The Senate would be well-served torney General is America’s chief law thored legislation to prohibit juveniles to consider the Ashcroft nomination in enforcement officer, and managing the from possessing assault weapons and light of the duties of the Attorney Gen- Criminal Division is the most impor- high-capacity ammunition clips. The eral. When this debate is placed in the tant aspect of the Attorney General’s Senate overwhelmingly passed the proper perspective, it becomes even duties. The Criminal Division oversees Ashcroft juvenile assault weapons ban more obvious how qualified Senator thousands of federal agents and is in May of 1999. Senator Ashcroft voted for legisla- Ashcroft is to be the next Attorney charged with, among other things, in- tion that prohibits any person con- General of the United States. vestigating and prosecuting drug deal- The Department of Justice was es- ers, illegal gun traffickers, bank rob- victed of even misdemeanor acts of do- tablished by Congress in 1870. It is the bers, child pornographers, computer mestic violence from possessing a fire- largest law firm in the United States, hackers, and terrorists. The Criminal arm, and he voted for legislation to ex- tend the Brady Act to prohibit persons with 123,000 employees and an annual Division has a visible and tangible ef- who commit violent crimes as juve- budget of approximately $21 billion. fect on the lives of all Americans. niles from possessing firearms. In order Through its thousands of lawyers, I have no doubt that, given his exten- to close the so-called ‘‘gun show loop- agents, and investigators, the Justice sive experience as a public servant, hole,’’ Senator Ashcroft voted for legis- Department plays a vital role in fight- Senator Ashcroft understands and ap- lation, which I authored, to require ing violent crime and drug trafficking, preciates the mission of the Criminal mandatory instant background checks ensuring business competition in the Division. Throughout his long career as for all firearm purchases at gun shows. Missouri Attorney General, Missouri marketplace, enforcing immigration In order to maintain tough federal and naturalization laws, and protecting Governor, and United States Senator, penalties, Senator Ashcroft sponsored our environment. Consider the fol- Senator Ashcroft has been a strong ad- legislation to require a five-year man- lowing major components of the Jus- vocate of tough and effective criminal datory minimum prison sentence for tice Department in light of the quali- law enforcement. federal gun crimes and for legislation Perhaps the greatest threat facing fications of Senator Ashcroft: to encourage schools to expel students our nation today is the scourge of ille- The Civil Rights Division was estab- who bring guns to school. Senator gal drugs. For years, Senator Ashcroft lished in 1957 to secure the effective en- Ashcroft voted for the ‘‘Gun-Free forcement of civil rights for all Ameri- has been a leader in the fight against Schools Zone Act’’ that prohibits the cans. Attorneys in the Civil Rights Di- illegal drugs. In 1996, Senator Ashcroft possession of a firearm in a school vision enforce federal statutes that helped enact the Comprehensive Meth- zone, and he voted for legislation to re- prohibit discrimination on the basis of amphetamine Control Act, which in- quire gun dealers to offer child safety race, gender, disability, religion, and creased penalties for the manufacture locks and other gun safety devices for national origin. In order to enforce and trafficking of methamphetamine. sale. I have no doubt that with John these landmark laws, the Civil Rights Senator Ashcroft also helped enact fed- Ashcroft as Attorney General, the Jus- Division engages in a variety of litiga- eral laws that increased mandatory tice Department will target and pros- tion to fight discrimination in employ- minimum sentences for methamphet- ecute gun crimes with unprecedented ment, housing and immigration. In amine offenses and authorized courts zeal. particular, the litigation brought by to order persons convicted of meth- To his credit, Senator Ashcroft un- the Civil Rights Division under the amphetamine offenses to pay for the derstands that the vast majority of Voting Rights Act has had a profound costs of laboratory cleanup. Last year, criminal law enforcement takes place influence on the electoral landscape in Senator Ashcroft authored legislation at the state and local level. Given his the last three decades. As Senator to target additional resources to local tenure as Missouri Attorney General Ashcroft emphatically stated at his law enforcement agencies to fight and Governor, Senator Ashcroft appre- confirmation hearing: ‘‘No part of the methamphetamine. ciates the important role that the fed- Department of Justice is more impor- Senator Ashcroft also understands eral government can play in supporting tant than the Civil Rights Division.’’ that drug treatment and prevention state and local authorities by pro- Senator Ashcroft’s record proves that are vital components of an effective viding resources and training. He also he believes in the mission of the Civil drug strategy. In last year’s meth- understands that the Justice Depart- Rights Division. He vigorously en- amphetamine legislation, Senator ment should provide such support with- forced civil rights laws as the Attorney Ashcroft included funding for drug edu- out intruding into traditional areas of General and Governor of Missouri. He cation and prevention programs, in- state sovereignty. signed Missouri’s first hate crimes cluding resources for school-based anti- In the Senate, Senator Ashcroft statute. Not content to wait for the methamphetamine initiatives. As At- steadfastly supported state and local legislature to act, John Ashcroft made torney General and Governor of Mis- law enforcement. He won enactment of Missouri one of the first States to rec- souri, Senator Ashcroft increased fund- a bill that extends higher education fi- ognize Martin Luther King Day by ing for anti-drug programs by almost nancial assistance to spouses and de- issuing an executive order. He also led 40%, the vast majority of which was for pendent children of law enforcement the fight to save Lincoln University, education, prevention and treatment. officers killed in the line of duty. He the Missouri university founded by Af- Senator Ashcroft has also made clear was the principal proponent of the rican-American Civil War veterans. that prosecuting gun crimes will be a ‘‘Care for Police Survivors Act,’’ a Furthermore, as the Chairman of the top priority of the Ashcroft Justice De- measure that increases benefits to the Constitution Subcommittee in the Sen- partment. Unfortunately, gun prosecu- survivors of public safety officers ate Judiciary Committee, Senator tions have not always been a priority killed in the line of duty. Along with Ashcroft held the first hearing on ra- for the Department of Justice. For ex- Senator BIDEN, Senator Ashcroft co- cial profiling in the history of Con- ample, between 1992 and 1998, prosecu- sponsored legislation to reauthorize gress. When asked at his confirmation tions of defendants who use a firearm the COPS program. S968 CONGRESSIONAL RECORD — SENATE February 1, 2001 In addition, Senator Ashcroft cospon- sures that federal environmental laws to protect the natural resources of the sored the ‘‘Local Law Enforcement En- are implemented in a fair and con- state from environmental harm.’’ hancement Act of 1995.’’ This act allo- sistent manner. In Attorney General Opinion No. 189, cated $1 billion to state and local law As Missouri Attorney General, John Attorney General Ashcroft issued an enforcement to update and computerize Ashcroft aggressively enforced that opinion that Missouri’s cities and criminal records, automated finger- state’s environmental protection laws. counties had the authority to require print systems, and DNA identification To cite but a few examples, Attorney that all solid waste be disposed of at operations. John Ashcroft also cospon- General Ashcroft brought suit to pre- approved solid waste recovery facili- sored the ‘‘21st Century Justice Act’’ vent an electric company from causing ties, rather than be buried in landfills. which included Violent Offender Incar- oxygen levels in downstream waters to In rendering his opinion, Attorney ceration and Truth-in-Sentencing In- harm fish. He also sought to recover General Ashcroft gave credence to the centive Grants. These grants have pro- damages from the electric company. arguments that ‘‘recycling of solid vided federal resources to States to Attorney General Ashcroft brought a wastes results in fewer health hazards build prisons to incarcerate violent and successful action against the owner of and pollution problems than does dis- repeat offenders. Given his record, it is an apartment complex for violations of posal of the same types of wastes in no surprise that law enforcement the Missouri Clean Water Law relating landfills’’ and that ‘‘public welfare is groups such as the Fraternal Order of to treatment of waste water, and he better served by burning solid wastes Police, the National Sheriff’s Associa- sued the owner of a trailer park for vio- for generation of electricity, thus con- tion, the International Association of lations of the Missouri Clean Water serving scarce natural resources.’’ To Chiefs of Police, the National District Law. those who have irresponsibly charged Attorneys Association, and the Na- As Missouri Attorney General, Sen- that Senator Ashcroft will not enforce tional Association of Police Organiza- ator Ashcroft also filed numerous our environmental laws, I say this: tions are united in their support for briefs in the United States Supreme Look at his record. Senator Ashcroft’s nomination. Court that advanced environmental Mr. President, there are other offices The Civil Division represents the protections. For example: in the Justice Department that are United States government, including In Pacific Gas & Electric Co. v. State also very important. In the interest of executive departments and agencies, in Energy Resources Conservation & De- time, however, I have focused on a se- civil litigation. First and foremost, the velopment Commission, Attorney Gen- lect few. My point today is a simple Civil Division defends the constitu- eral Ashcroft filed a brief supporting a one—when this nomination is consid- tionality of federal statutes, regula- California law that conditioned the ered in light of the mission of the De- tions, and executive orders. The Civil construction of nuclear power plants partment of Justice, it becomes appar- Division also litigates complex com- on findings that adequate storage and ent how well-qualified John Ashcroft is mercial cases. This litigation is espe- disposal facilities are available. to be Attorney General. cially important for property rights be- In Sporhase v. Nebraska, Attorney In addition to placing in the record cause the Civil Division represents the General Ashcroft endorsed the State of Senator Ashcroft’s eminent qualifica- federal government against claims that Nebraska’s effort to stop defendants tions, I would also like to correct the private property was taken for public from transporting Nebraska ground- record surrounding a number of issues use without just compensation. In ad- water into Colorado without a permit. that have been raised by his critics. As dition, the Civil Division represents In Baltimore Gas & Electric Co. v. Senator SESSIONS has said, Senator the federal government in consumer Natural Resources Defense Council, Ashcroft has been called ‘‘divisive’’, litigation under various consumer pro- Inc., Attorney General Ashcroft filed a but that has been a result of a carica- tection and public health statutes. brief supporting the Natural Resources ture created by extremist lobbying Senator Ashcroft’s experience as the Defense Council’s position on tougher groups who have spared nothing to de- Attorney General of Missouri prepared environmental regulations relating to monize him. Webster includes in its him well to oversee the Civil Division. storage of nuclear wastes. definition of ‘‘caricature’’, ‘‘a likeness John Ashcroft established the Con- As Missouri Attorney General, John or imitation that is that is so distorted sumer Affairs Division in the Missouri Ashcroft issued numerous legal opin- or inferior as to seem ludicrous.’’ The Attorney General’s office. He brought ions that furthered the enforcement of portrait of John Ashcroft that has been many consumer protection actions, in- environmental laws. I would like to de- painted by the People For the Amer- cluding odometer tampering cases and scribe a few of these formal opinions. ican Way and other like-motivated financial pyramid schemes. In Illinois In Attorney General Opinion No. 123–84, people and organizations is ludicrous. v. Abbott & Associates, Inc., Attorney Attorney General Ashcroft issued an They describe a man that I do not rec- General Ashcroft filed a brief in the opinion that underground injection ognize as John Ashcroft. Unlike their United States Supreme Court sup- wells constitute pollution of the waters demonization, the real John Ashcroft porting the right of state attorneys of the state and are subject to regula- has the character and the intelligence general to conduct antitrust investiga- tion by the Missouri Department of to be a great Attorney General. tions. In the Senate, John Ashcroft Natural Resources under the state’s Before addressing some of the unfair helped enact legislation to combat Clean Water Act. Attorney General attacks leveled against Senator telemarketing scams against senior Ashcroft also opined that it would be Ashcroft, I should say a word or two on citizens. unlawful to build or operate such a standards. We have heard much discus- As Missouri Attorney General, Sen- well unless a permit had been obtained sion about the appropriate standard of ator Ashcroft defended the constitu- from the Clean Water Commission. ‘‘advise and consent’’ that we should tionality of state laws. In 1993, he per- In Attorney General Opinion No. 67, apply to the President’s Cabinet nomi- sonally argued a case before the United Attorney General Ashcroft issued an nees. Unfortunately, many people, States Supreme Court in defense of the opinion that operators of surface mines knowing that opposing Senator constitutionality of a Missouri statute. must obtain a permit for each year Ashcroft on ideological grounds would Few nominees for Attorney General that the mine was un-reclaimed. In be unprecedented, appear to be manipu- have been so qualified to oversee the reaching this opinion, Attorney Gen- lating this standard so as to mask Civil Division. eral Ashcroft determined that the oper- their true reasons for opposing this Created in 1909, the Environment and ator of the mine must have a permit nomination. And those reasons, I must Natural Resources Division is the Na- continuously from the time mining op- say, are purely ideological. Prodded, tion’s chief environmental lawyer. It is erations begin until reclamation of the and perhaps in some cases even threat- responsible for litigating cases ranging site is complete. Attorney General ened, by assorted left-wing extremist from the protection of endangered spe- Ashcroft concluded that the contin- groups, those on the other side appear cies to the clean-up of hazardous waste uous permit requirement facilitated to oppose Senator Ashcroft simply be- sites. In addition to prosecuting envi- Missouri’s intention ‘‘to protect and cause he is a conservative. ronmental crimes, the Environment promote the health, safety and general The standard we should use is that and Natural Resources Division en- welfare of the people of this state, and which was applied to Attorney General February 1, 2001 CONGRESSIONAL RECORD — SENATE S969 Janet Reno in 1993, and that standard over the entire history of the Senate, Some who have adopted this view are has three parts. First, by longstanding this body has voted to reject only 9 accusing John Ashcroft of changing his tradition in the Senate, we must afford nominations to the President’s Cabi- views. They accuse him of having a the President a significant degree of net, and only 3 in the 20th Century. In ‘‘confirmation conversion.’’ By this deference to shape his Cabinet as he 1993, Republicans applied that tradi- they mean that people who take off sees fit. The election is over, President tional standard when we unanimously their legislator’s cap, and put on an at- Bush won, and nothing will change voted to confirm an attorney general torney general’s hat, cannot adapt that fact. Some have suggested that nominee whose views on the death pen- from the role of law writer to law en- because the election was close and divi- alty, the Second Amendment, and forcer without being insincere. This is sive, we should be less deferential with abortion stood in stark contrast to our a ludicrous proposition. John Ashcroft respect to Cabinet nominees. Yet, I do own. Unless those on the other side has not undergone a confirmation con- not recall hearing that suggestion in wish to engage in rank hypocrisy, this version; he has been the victim of an 1993 after President Clinton won an ex- is the standard we should apply to Sen- interest group distortion. tremely close and hard-fought election, ator Ashcroft today. Members of this body know some- an election in which he failed to garner Opponents of Senator Ashcroft have thing that the public may not: There is a majority of the popular vote. Despite accused him of being unable to set an unspoken rule that a nominee does that close election, every Republican aside his opinions on certain laws suffi- not answer questions in public between in this body deferred to President Clin- ciently in order to enforce those laws. their nomination and their confirma- ton and voted for Attorney General What’s being proposed is to disqualify tion hearing. This is done out of re- Reno. from high office anyone who has pre- spect for the Senate—whose job it is, The second prong of our standard fo- viously taken a side on a legislative after all, to listen to the nominee rath- cuses on the experience and qualifica- proposal. er than the media. But savvy special tions of the nominee. No one can seri- It is simply not true that a legislator interest groups take advantage of this ously contend that Senator Ashcroft is so tainted by efforts to change laws interim time to wage a war of words lacks the experience and qualifications that thereafter he or she cannot per- against nominees they dislike. Many of to serve as Attorney General. Indeed, form the duties of attorney general. those words are exaggerated or unsub- few in our nation’s history have come Outside this Chamber, and outside of stantiated attacks. The result can be to the post of Attorney General with the offices of the left-wing liberal the fabrication of a false public record. the qualifications and experience that group’s offices, Americans understand Mr. President, I am asking my fellow Senator Ashcroft brings. In almost that people can take on different roles Senators to resist the temptation to thirty years of public service, he has and responsibilities when they are label it a ‘‘conversion’’ when a nominee served as a state attorney general, given different positions. Americans simply corrects the misperceptions cre- state governor, and United States Sen- know that lawyers can become judges, ated by special interest groups. I am ator. While Missouri Attorney General, welders can become foremen, engineers asking my colleagues to look at John he was elected by the other state attor- can become managers, and school Ashcroft’s real record, and at his own neys general to head the National As- teachers can become school board lead- words in his confirmation hearings, sociation of Attorneys General, while ers. And Americans know that a Sen- and in his answers to the voluminous Governor of Missouri, his fellow gov- ator, whose job is to propose and vote written questions—rather than relying ernors elected him chairman of the Na- on new laws, can become an Attorney on the press releases of issue advo- tional Governors’ Association, and General, whose job is to enforce those cates. while a United States Senator, he laws that are duly passed. John Ashcroft is committed to en- served four years on the Judiciary There aren’t many people who know forcing the civil rights of all Ameri- Committee. By comparison, Attorney as much about the different roles in cans. He has stated that the Civil General Reno came to the post as a government as John Ashcroft. He has Rights Division is the most important county prosecutor. Yet, despite con- been in the executive branch as Mis- division of the Justice Department and cerns about her qualifications, every souri Attorney General for 8 years. He that he will make enforcement of civil Republican in this body voted to con- has been chief executive as Missouri’s rights a priority during his tenure as firm her. Governor for 8 years. And he has been Attorney General. Contrary to the at- The final prong of our standard re- in the legislative branch as a United tacks of his critics, Senator Ashcroft quires us to ensure that the nominee States Senator for 6 years. Each of has demonstrated his commitment to possesses the necessary integrity and these positions have required an under- equality under the law throughout his ethics to serve the American people. standing of the differing roles assumed career. For example, as Governor, he Here, Senator Ashcroft is above re- by the three branches of government. signed Missouri’s first hate crimes proach. He is, by all accounts, a man of It is in this context that John statute into law. He signed Missouri’s absolute honesty and deep religious Ashcroft told us what he will do as At- Martin Luther King Holiday into law conviction. I know I speak for many of torney General. He said he will enforce and also signed the law establishing my colleagues when I say that I knew the laws as written, and uphold the Scott Joplin’s house as Missouri’s first President Bush had found the right Constitution as interpreted by the Su- and only historic site honoring an Afri- person to enforce the laws of this na- preme Court. This is a concise yet pro- can-American. John Ashcroft led the tion when Senator Ashcroft raised his found statement about the proper role fight to save an independent Lincoln right hand and said, ‘‘As a man of of the Attorney General. And it is more University, founded by African-Amer- faith, I take my word and my integrity than just a statement, because it is ican soldiers. He also established an seriously. . . . when I swear to uphold backed up by the unquestioned integ- award emphasizing academic excel- the law, I will keep my oath, so help rity of John Ashcroft, a man who will lence in the name of George Wash- me God.’’ do what he says. He will enforce the ington Carver, a wonderful intellectual Mr. President, as the senior senator law as it is written, even in those in- role model for all Missouri students. As from Vermont succinctly stated, albeit stances where he would have written it Governor, John Ashcroft was presented when the president was a member of differently. with 9 panels for judicial appointment his own party, ‘‘The president should Still, some members of this body are that contained minority candidates. In get to pick his own team. Unless the unconvinced. They apparently think 8 of the 9 instances, Ashcroft appointed nominee is incompetent or some other that John Ashcroft will not do what he a minority candidate to fill the post, major ethical or investigative problem said. Of course they would not call him and he appointed both of the minority arises . . . then the president gets the a liar at least not explicitly, anyway. candidates on the 9th panel to judicial benefit of the doubt. There is no doubt They are saying that, try as he might, positions at a later date. He appointed about this nominee’s qualifications or he simply cannot enforce the law be- many African-Americans to Missouri’s integrity.’’ That is the standard that cause he wants so badly for the law to courts, including David Mason, Jimmy this Senate has always applied to Cabi- say something other than what it actu- Edwards, Charles Shaw and Michael net nominees. As others have noted, ally says. Calvin, in St. Louis. He also appointed S970 CONGRESSIONAL RECORD — SENATE February 1, 2001 the first African-American judge on McMillan, a prominent African-Amer- party to the lawsuit, however, the ini- the Western Missouri Court of Appeals ican jurist. tial suit was filed in 1972 and did not in Kansas City, Missouri’s second high- Some have also claimed that then- make the State a party. Eventually the est court. This jurist, Ferdinand Governor Ashcroft refused to appoint a State was made party to the lawsuit in Gaitan, now serves on the U.S. District diverse group of commissioners to the 1977 and Senator Ashcroft acknowl- Court for Western Missouri. Election Board. This is simply untrue. edged this repeatedly in his answers. He continued this leadership in the Mr. Jerry Hunter, the former labor sec- Second, Senator Ashcroft’s critics Senate where he convened the only retary of Missouri, testified that Sen- argue that Senator Ashcroft denied the Senate hearing on Racial Profiling ator Ashcroft worked hard to increase State’s liability. The State was found (March 30, 2000) with Senator FEIN- black representation on the St. Louis liable for school segregation in St. GOLD. During that hearing, Senator City Election Board, but his efforts Louis, but only for intra-district seg- Ashcroft spoke out strongly on the were stalled by state senators. regation within the City of St. Louis. issue stating that ‘‘[U]sing race broad- Mr. Hunter testified that, ‘‘Governor The remedy that the district court or- ly as profiler in lieu of individualized Ashcroft’s first black nominee for the dered was inter-district, between St. suspicion is, I believe, an unconstitu- St. Louis City Election Board was re- Louis and its suburbs. The State was tional practice.’’ He has supported ef- jected by the black state senator, be- never found liable for the inter-district forts to study the issue and during his cause that person did not come out of segregation that would justify such a hearing testified that as Attorney Gen- his organization.’’ When then-Governor far-ranging remedy involving the sub- eral, he would continue the studies al- Ashcroft came up with a second black urbs. Then-Attorney General Ashcroft ready underway to examine racial and attorney, this candidate was also re- was battling against this inter-district geographical disparities in death pen- jected by two black state senators. As remedy, and it is fully accurate to say alty cases. In short, John Ashcroft’s Mr. Hunter stated, ‘‘[F]rom the begin- that the State was never found liable record demonstrates his ability to lead ning, any efforts to make changes in for inter-district segregation. a Justice Department of which we can the St. Louis City Election Board were Third, opponents of Senator Ashcroft forestalled because the state senators all be proud. unfairly charge that Senator Ashcroft John Ashcroft will be committed to wanted people from their own organiza- misleadingly stated that he followed enforcing the civil rights laws pro- tion.’’ Apparently for these state sen- all court orders in the desegregation tecting every American’s right to vote ators the political spoils system was cases. Of course, these opponents can- and participate in the political process. more important than the voters of St. not say that John Ashcroft did not fol- He has done so throughout his career. Louis. low the orders, and must admit that Finally, some have implied that Some who oppose Senator Ashcroft John Ashcroft complied with the terms these voter registration issues will have charged that as Governor, John of the orders. They can only criticize make Senator Ashcroft less able to Ashcroft essentially blocked two bills ‘‘his vigorous and repeated appeals.’’ deal with allegations of voting impro- These appeals were undertaken in his that would have required the City of prieties resulting from the Florida vote St. Louis Board of Election Commis- in the presidential election. Yet Sen- role as attorney general—as the legal sioners to deputize private voter reg- ator Ashcroft has repeatedly testified, representative of the State John istration volunteers. These bills were ‘‘I will investigate any alleged voting Ashcroft had to consider the State’s opposed by both democrats and repub- rights violation that has credible evi- best interests and raise all reasonable licans in St. Louis. It was opposed by dence. . . . I have no reason not to go legal appeals, which he did. To make a the bipartisan St. Louis County Board forward, and would not refuse go for- legal appeal is not to disobey a court of Election Commissioners, the St. ward for any reason other than a con- order. In fact many court orders were Louis Board of Aldermen President clusion that there wasn’t credible evi- complied with while the appeals were Tom Villa, and St. Louis circuit attor- dence to pursue the case.’’ Objective pending. ney George Peach. Tom Villa was a people should have no doubt that Sen- Fourth, the criticisms of Senator noted Democratic leader, and St. Louis ator Ashcroft will be vigorous in his Ashcroft’s actions strongly and un- circuit attorney George Peach was a enforcement of the Voting Rights Act fairly imply that he was indifferent to Democrat who was the prosecutor in and related statutes. the problems of segregation. Nothing the St. Louis area. All of these people Critics of Senator Ashcroft have also could be further from the truth. Sen- opposed the legislation. The rec- unfairly criticized his testimony about ator Ashcroft testified that ‘‘I have al- ommendations of these officials was his involvement with the desegregation ways opposed segregation. I have never one of the reasons that John Ashcroft cases in St. Louis and Kansas City. opposed integration. I believe that seg- vetoed the bills. Senator Ashcroft gave complete and re- regation is inconsistent with the 14th It was insinuated during the hearings sponsive answers to questions about Amendment’s guaranteeing of equal that these actions were taken out of these cases. Any assertions to the con- protection. I supported integrating the some kind of partisan or racial motiva- trary distort Senator Ashcroft’s re- schools.’’ What Senator Ashcroft op- tion, because the City of St. Louis is sponses to a flurry of questions about posed was court-ordered remedies that predominantly black and democratic. difficult and complicated cases in we now know to have been wildly ex- But this implication is seriously dis- which he was involved over a decade pensive and ineffective. Test results credited by the history of voter reg- ago. have declined, graduation rates have istration in St. Louis and earlier fed- The Missouri school desegregation remained at a dismal 30 percent, and eral court cases. cases are extremely complex and in- the percentage of black students has The city board has a long history of volve a variety of different factual and remained about the same in St. Louis refusing to deputize private voter reg- constitutional issues. Perhaps Senator schools. All of this for the price-tag of istration deputies, long before John Ashcroft made some preliminary state- $1.7 billion. It is hard to see how a per- Ashcroft appointed anyone to that ments that were incomplete, or not son who opposed this plan can be con- board. Indeed, in 1981 a lawsuit was fully clear, but when questioned fur- sidered against educational equality. filed against the members of the St. ther, he clarified his answers in an ac- The result of court-ordered desegrega- Louis board concerning the failure to curate and fair manner. Moreover, in tion in St. Louis is just one example of deputize voter registration deputies. an extended response to a written ques- why, as Bob Woodson testified, a sig- The Federal District Court for the tion, he fully detailed Missouri’s liabil- nificant majority of African-Americans Eastern District of Missouri explicitly ity and involvement with the case. Far are against forced busing for integra- rejected charges of racial animus. The from being misleading, Senator tion. court found that the board properly re- Ashcroft’s answers get to the heart of John Ashcroft will stand behind the fused to deputize volunteers to prevent the distinctions in the case between commitments he made during his con- fraud and ensure impartiality and ad- inter- and intra-district liability for firmation and be a staunch defender of ministrative efficiency. Moreover, segregation. the civil rights of all Americans. Sen- these conclusions were sustained by Some complain that Senator ator Ashcroft has demonstrated his the 8th Circuit, in an opinion by Judge Ashcroft denied that the state was a commitment to equality through his February 1, 2001 CONGRESSIONAL RECORD — SENATE S971 record as Attorney General, Governor them. He sponsored a charitable choice to them. And he said that he did not in- and Senator. Contrary to his critics legislation that will stop the govern- tend his telephone interview—or any who have distorted his record on hir- ment from trying to close them down other interview he has participated in ing, John Ashcroft has been deeply because they don’t have trained profes- during his career—as an automatic en- committed to promoting equal access sionals as drug counselors. We have an dorsement of the editorial positions of to government positions during his 80 percent success rate of these faith- those publications. John Ashcroft went tenure as both Attorney General and based organizations with a $60-a-day even further than that. He said, ‘‘I con- Governor of Missouri. Witnesses testi- cost, when the conventional, thera- demn those things which are condem- fying at the hearing made this commit- peutically secular program cost $600 a nable’’ about Southern Partisan maga- ment clear. day with a 6 to 10 percent success rate. zine. This was a strong statement Mr. Jerry Hunter, former labor sec- Senator Ashcroft has gone with us. He against any unacceptable ideas dis- retary of Missouri, testified that, has fought with us. And this legislation cussed in that publication. And it was ‘‘Like President-elect George W. Bush, would help us.’’ Mr. Woodsen further the strongest statement possible from Senator Ashcroft followed a policy of stated that ‘‘As a consequence, day be- someone who did not personally know affirmative access and inclusiveness fore yesterday, 150 black and Hispanic the facts. during his service to the state of Mis- transformed drug addicts got on buses Despite Senator Ashcroft’s contrite- souri as attorney general, his two from all over this nation and came here ness and strong words, some Senators terms as governor, and his one term in to support him. Fifty of them came and interest groups have demanded the United States Senate. During the from Victory Temple throughout the that Senator Ashcroft go out on a limb eight years that Senator Ashcroft was state of Texas, spent two days on a and add his derision based upon an ac- attorney general for the state of Mis- Greyhound bus at their own expense to ceptance at face value of all the nega- souri, he recruited and hired minority come here to voice strong support for tive allegations concerning that maga- lawyers. During his tenure as governor, Senator Ashcroft.’’ zine. In my opinion, Mr. President, this he appointed blacks to numerous Congressman J.C. WATTS also testi- led to one of the most profound mo- boards and commissions...[B]ut I fied: ‘‘I’ve worked with [John Ashcroft] ments of the confirmation hearings. A would say to you on a personal note, on legislation concerning poor commu- member of the Committee pushed Sen- Senator Ashcroft went out of his way nities, under-served communities. I ator Ashcroft to label the Southern to find African-Americans to consider have always found John Ashcroft to Partisan Magazine as ‘‘racist’’—even for appointments.’’ have nothing but the utmost respect after Senator Ashcroft explained that Mr. Hunter further elaborated that, and dignity for one’s skin color. I heard he did not know whether that was true. ‘‘When Governor Ashcroft’s term ended John say yesterday in some of his tes- The profound part was John Ashcroft’s in January of 1993, he had appointed timony that his faith requires him to response. He said, ‘‘I know they’ve been more African-Americans to state court respect one’s skin color. And I think accused of being racist. I have to say judgeships than any previous governor that’s the way it should be. [I]n my this, Senator: I would rather be falsely in the history of the state of Missouri. dealings with John, I have had nothing accused of being a racist than to false- Governor Ashcroft was also bipartisan but the utmost respect for him when it ly accuse someone else of being a rac- in his appointment of state court comes to his dealings with people of ist.’’ This exchange tells volumes about judges. He appointed Republicans, different skin color.’’ John’s moral character, deep sense of Democrats and independents. One of These testimonials and Senator fairness, and his fitness for the office of Governor Ashcroft’s black appointees Ashcroft’s record of hiring and appoint- Attorney General. It would have been a in St. Louis was appointed, notwith- ments as Missouri Attorney General lot easier for him just to say Yes, I standing the fact that he was not a Re- and Governor demonstrate beyond any agree with anyone who uses that term publican and that he was on a panel reasonable doubt that he will be com- about someone else. Doing so would with a well-known white Republican. mitted to equal opportunity as Attor- have saved him from further bashing Of the nine panels of nominees for ney General of the United States. by the Committee and the press. It state court judgeships, which included Many have expressed concerns about would have been politically expedient. at least one African-American, Gov- Senator Ashcroft’s actions with regard But John Ashcroft choose to take the ernor Ashcroft appointed eight black to conducting a telephone interview high road, not to heap disdain onto judges from those panels.’’ with a magazine called Southern Par- something he didn’t know about just Judge David Mason, who worked with tisan. Their concern is what message because it would have suited his inter- Ashcroft in the Missouri Attorney Gen- that interview might have sent to the ests to do so. This was a vivid example eral’s office stated, ‘‘[A]s time went on, country. It is clear, however, that Sen- of good judgment and good character. I begin to get a real feel for this man ator Ashcroft has forthrightly and This is not to say that John Ashcroft and where his heart is. When the sub- forcefully condemned racism and dis- defended anything about the magazine. ject of Martin Luther King Day came crimination, and he has left no doubt Clearly he did not. In fact, when Sen- up, I was there. And I recall that he or ambiguity regarding his views on ator BIDEN asked him whether the issued the executive order to establish that matter. magazine was condemnable because it the first King Day, rather than wait for During his confirmation hearings, sells T-shirts that imply that Lincoln’s the legislature to do it. Because, as you Senator Ashcroft said, ‘‘Let me make assassin did a good thing, he answered: may recall, some of you, when the Con- something as plain as I can make it. ‘‘If they do that, I condemn’’ it. And he gress passed the holiday, they passed it Discrimination is wrong. Slavery was clarified that ‘‘Abraham Lincoln is my at a time when the Missouri legislature abhorrent. Fundamental to my belief favorite political figure in the history may not have been able to have the in freedom and liberty is that these are of this country.’’ What John Ashcroft first holiday contemporaneously with God-given rights.’’ And in his responses did was state his absolute intolerance it. So he passed a King holiday by exec- to written questions, he said, ‘‘I reject for racism and bigotry, and he did so utive order. He said, in doing so, he racism in all its forms. I find racial dis- honestly without creating a straw wanted his children to grow up in a crimination abhorrent, and against ev- man, a scapegoat or a fall guy. state that observed someone like Mar- erything that I believe in.’’ It is clear I think we need to ask anyone who is tin Luther King.’’ to me that John Ashcroft believes in not satisfied with John Ashcroft’s an- Bob Woodson of the National Center equal treatment under the law for ev- swers what they really want. What do for Neighborhood Enterprise uses faith- eryone. He believes in it, and he has his accusers think justice is? I surely based organizations to help troubled committed to fight to make it a reality hope that no one in this body would young people turn their lives around. for all Americans. say that justice means the knee-jerk Mr. Woodson testified: ‘‘Senator John Now, as to the magazine itself, Sen- condemnation of things they do not Ashcroft is the only person who, from ator Ashcroft contritely admitted that know about, so long as that condemna- the time he came into this body, he does not know very much about it. tion is politically expedient. reached out to us. He’s on the board of He confessed that he should have done John Ashcroft’s testimony on this Teen Challenge. He’s raised money for more research about it before talking issue demonstrates that he will be a S972 CONGRESSIONAL RECORD — SENATE February 1, 2001 fair and principled Attorney General. over Ashcroft is much ado about noth- of evaluating far outside of the main- As he told the Judiciary Committee, ‘‘I ing as far as the Catholic League is stream. Apparently this Standard is to believe racism is wrong. I repudiate it. concerned.’’ be feared, because my colleagues re- I repudiate racist organizations. I’m Some outside groups had questioned peatedly stated during the hearings not a member of any of them. I don’t the meaning of the speech that Senator that they would be magnanimous in subscribe to them. And I reject them.’’ Ashcroft gave during his visit to Bob not applying the Ashcroft Standard to These are straightforward words from Jones University. Senator Ashcroft ex- John Ashcroft himself. But I suspect an honest man. I look forward to hav- plained during the confirmation hear- that John Ashcroft would pass the ing such a man running our Depart- ing that the phrase ‘‘We have no king Ashcroft standard with flying colors. ment of Justice. but Jesus,’’ was a representation of In fact the criteria that Senator The anti-Ashcroft groups also took what colonists were saying at the time Ashcroft used to evaluate executive advantage of a controversy concerning of the American Revolution. He said branch nominees are entirely appro- Bob Jones University in order to wage that the point of his speech was ‘‘the priate and in keeping with the Senate’s a ‘‘guilt by association’’ attack on idea that the ultimate authority of the duty to give ‘‘advice and consent’’ to John Ashcroft. John Ashcroft’s visit to ultimate idea of freedom in America is the President. the school was not controversial when not governmentally derived.’’ I don’t For instance, John Ashcroft applied it occurred in May 1999. In fact, politi- think anyone in the Senate would take his ‘‘Standard’’ to confirm all but 15 of cians of both parties had spoken there issue with that. It is an understate- President Clinton’s 1,636 nominees. He voted to approve every Cabinet nomi- prior to Senator Ashcroft. Early in ment to say that this idea is well-docu- nation made by President Clinton. Of 2000, however, approximately eight mented in the Founders’ writings. President Clinton’s 230 judicial nomi- months after John Ashcroft’s visit, Bob Lacking any basis to criticize John nees, Senator Ashcroft voted to con- Jones University became a flash point Ashcroft’s May 1999 appearance, mem- bers of the Judiciary Committee went firm 218. There is also an underlying during the primary election because insinuation that the Ashcroft Standard in search of controversy by asking Sen- opponents of then-Governor George W. is tinged with racial bias—and yet Sen- ator Ashcroft if he would go to Bob Bush accused Bush of associating with ator Ashcroft voted to confirm 26 of 28 Jones University again if invited as At- an anti-Catholic statement that ap- African-American judicial nominees. peared on the University’s Internet torney General. He said he would With so many of President Clinton’s site. ‘‘speak at places where [he] believe[s] nominees getting past the Ashcroft Following the flap over Bush’s visit, [he] can unite people and move them in Standard, some might argue that it’s John Ashcroft said, ‘‘I didn’t really the right direction.’’ In saying that, he far too lenient, but that is the nature know they had these positions,’’ and contritely explained that his confirma- of the Senate’s role. The President is ‘‘[f]rankly, I reject the anti-Catholic tion hearings—‘‘and the prelude to thought to have significant leeway in position of Bob Jones University cat- th[o]se hearings’’—taught him to be choosing executive branch officials. egorically.’’ Despite having repudiated ‘‘sensitive at a higher level now than The Senate gives advice and consent, the offending statement, John Ashcroft [he] was before, that the attorney gen- but with great deference to the presi- faced a new round of criticism for his eral in particular needs to be careful dent’s choice. As Hamilton wrote in appearance after he was nominated to about what he or she does.’’ Senator the Federalist number 76, be Attorney General. The special inter- Ashcroft said that, if confirmed, he To what purpose then require the co-oper- est groups aligned against him at- ‘‘would be sensitive to accepting invi- ation of the Senate? I answer, that the ne- tempted to associate John Ashcroft tations so as to not allow a presump- cessity of their concurrence would have a with every form of bigotry and intoler- tion to be made that I was endorsing powerful, though, in general, a silent oper- ance they could. things that would divide people instead ation. It would be an excellent check upon a Any controversy over John of unite them.’’ This answer apparently spirit of favoritism in the President, and Ashcroft’s speech at Bob Jones Univer- would tend greatly to prevent the appoint- did not satisfy some on the Committee ment of unfit characters from State preju- sity should have been put to rest by who have since argued that he should dice, from family connection, from personal John Ashcroft’s testimony at his con- have pledged never to return to the attachment, or from a view to popularity. firmation hearings. That’s when we fi- University. The advice and consent role of the nally got the chance to ask Senator But as Senator Ashcroft explained at Senate must be exercised with an eye Ashcroft what he thought. And Senator his hearing, it is shortsighted to make to the moral character of the nominee Ashcroft made it clear that he a pledge not to go somewhere just be- and his suitability for the office to ‘‘reject[s] any racial intolerance or re- cause you disagree with them. John which he is nominated. But it is a role ligious intolerance that has been asso- Ashcroft pointed out that Bob Jones that must be exercised with some nat- ciated with[,] or is associated with[,]’’ University has ‘‘abandoned the policy ural deference to the prerogatives of Bob Jones University. He couldn’t have on interracial dating which was offen- the President. Indeed, this is a def- been more firm. sive’’ after that policy became a focus erence that has not been shown to Senator Ashcroft went on to explain of attention last year. I think John President Bush during Senator that ‘‘[he] want[s] to make it very Ashcroft was contrite about what he Ashcroft’s four days of hearings fol- clear that [he] reject[s] racial and reli- learned and correct not to rule out vis- lowed by more than 350 written ques- gious intolerance.’’ He said he does not iting places where he thinks his pres- tions. endorse any bigoted views by virtue of ence could be a force for positive The crux of the Senate’s confirma- ‘‘having made an appearance in any change. tion role is to not to quibble with the faith or any congregation.’’ He said, for There has been much talk during the policy preferences of the President’s example, that he has visited churches nominations process and in the press nominees, but rather to evaluate the which do not ‘‘allow women in certain about the ‘‘Ashcroft Standard.’’ This is character and moral fitness of the roles,’’ and that he does not endorse a catch-phrase invented by opponents nominee. Indeed, I ask myself when that view, either. of Senator Ashcroft who wish to create presented with a nominee whether this Apparently, Ashcroft’s answer elimi- the impression that there is something person will faithfully execute the office nated any doubt about his personal unseemly about a senator vigorously to which they have been appointed, up- views. As Senator LEAHY told Senator exercising his constitutional duty to holding the laws of the United States Ashcroft during the hearing, ‘‘I made advise and give consent to executive in the given position. I believe that my position very clear yesterday on branch nominees. But the Ashcroft Senator Ashcroft has applied similar how I feel about you on any questions Standard is strawman—created only so criterion when evaluating nominees. of racial or religious bias. I stated that that it might be criticized. This is not a sinister standard, but neither I nor anybody on this com- It is telling that this so-called rather a mostly ordinary one. mittee would make that claim about Ashcroft Standard has been left unde- When this question is asked about you.’’ Even Catholic groups were satis- fined by those who invoke it. Its very Senator Ashcroft the answer is incred- fied. A spokesperson for the Catholic hollowness is meant to evoke some- ibly clear. As attorney general of Mis- League said, ‘‘In short, the controversy thing inappropriate and suspect a way souri John Ashcroft showed time and February 1, 2001 CONGRESSIONAL RECORD — SENATE S973 again that he was willing to uphold law edly blocking or stopping James through dozens and dozens of inter- with which he disagreed. John Ashcroft Hormel’s nomination simply because of views with him.’’ This evidence should testified, ‘‘I understand that being at- Hormel’s sexual orientation. These lay to rest any questions about John torney general means enforcing the charges are simply false. Although, as Ashcroft’s past record of fairness with laws as they are written, not enforcing John Ashcroft told the Judiciary Com- respect to sexual orientation. my own personal preference; it means mittee, he voted against the nomina- In addition to that past record, we advancing the national interest, not tion when it came to a vote in the For- also have Senator Ashcroft’s clear advocating my personal interest.’’ eign Relations Committee, he did noth- pledge for the future. He told the Judi- For instance, in 1979 John Ashcroft ing to stop that nomination. John ciary Committee in no uncertain terms issued an attorney general’s opinion Ashcroft did not block a Senate vote that he ‘‘will enforce the law equally stating that under the state constitu- on Mr. Hormel’s nomination. In fact, without regard to sexual orientation if tion and the law of Missouri, a local Senator Ashcroft did not do anything appointed and confirmed as attorney school board of education had no legal to keep James Hormel’s nomination general.’’ He also promised that sexual authority to grant permission for the from progressing. It was Senator preference ‘‘will not be a consideration distribution of religious publications HUTCHINSON who put a hold on the in hiring at the Department of Jus- to the student body on school grounds. vote. In a letter dated January 24, 2001, tice’’ if he is confirmed. And this state- In another situation, against the de- Senator HUTCHINSON told Ashcroft that ment reflects more than his promise to mands of pro-life advocates, then-at- ‘‘I feel it is important to set the record uphold current policy; it reflects John torney general Ashcroft directed the straight that you were in no way in- Ashcroft’s own judgment. He said, State of Missouri to maintain the con- volved in the effort to delay Mr. ‘‘Even if the executive order [barring fidentiality of abortion records because Hormel’s consideration by the full Sen- the consideration of sexual orientation a fair reading of the law required it. ate.’’ as relevant to hiring] would be re- Senator Ashcroft has not only testi- So let’s look beyond the smokescreen pealed, I would still not consider sexual fied that he will follow laws with which of unsupported innuendo to examine orientation in hiring at the Depart- he disagrees, he has repeatedly shown what we really know about John ment of Justice because I don’t believe that he does follow such laws. He has Ashcroft. During the confirmation it relevant to the responsibilities.’’ exhibited probity in office as attorney hearings, Senator LEAHY asked John Now, that is a very strong statement, general, governor and senator. It is Ashcroft directly about his motives Mr. President. Especially because it hard to imagine that he will not exe- with respect to the James Hormel nom- comes from a person of unquestioned cute the office of United States Attor- ination. Senator LEAHY asked, ‘‘Did integrity. ney General with equal integrity and you block his nomination from coming The facts described above convince commitment. Indeed, I am certain that to a vote because he is gay?’’ And Sen- me completely that John Ashcroft will Senator Ashcroft passes the much ma- ator Ashcroft said, ‘‘I did not.’’ He always act fairly in his law enforce- ligned Ashcroft Standard. could not have been more clear. And ment decisions and hiring decisions to So what is the Ashcroft Standard when a man of John Ashcroft’s integ- people regardless of sexual orientation. anyway? I admit that I am not quite rity makes such a clear statement, we While reasonable minds can differ sure. Is it a careful review of the nomi- can take him at his word. and come to different judgments on the nee’s written record? A judgment about Of course, opponents of John matter, there were many legitimate how the nominee will enforce the law? Ashcroft do not want to take him as reasons to vote against confirmation A healthy dose of deference to the ex- his word. Some outside special interest for Judge White. In fact, every Repub- ecutive prerogative? An appreciation groups are trying to use his Hormel lican thought it was appropriate to do for diversity? These are the standards nomination vote to paint a false por- so. Several of my colleagues have ar- that I saw applied by Senator Ashcroft. trait of a man who acts in a biased way gued that Senator Ashcroft distorted The opponents of Senator Ashcroft against homosexuals. But there is ab- Judge White’s record and wrongly have placed considerable emphasis on solutely no evidence in the record to painted him as pro-criminal and anti- several specific nominations which I support that accusation. Senator law enforcement, but many of us have will discuss in turn. Ashcroft made it very clear, both dur- reviewed Judge White’s record and John Ashcroft’s opponents have ing his hearing and in his responses to were greatly troubled by his dissenting mischaracterized his actions with re- numerous written questions, that ‘‘sex- opinions in several death penalty cases. spect to the James Hormel nomination, ual orientation has never been some- In these cases Judge White displayed a and have fabricated innuendo aimed at thing that I’ve used in hiring in any of real inclination to overturn death sen- tarnishing John Ashcroft’s 30-year the jobs, in any of the offices I’ve tences, even when they were called for record of fairness with respect to em- held.’’ by law. ployment of people without regard to In an effort to cloud this crystal- For instance in the Johnson case, the sexual orientation. clear statement, the forces opposing defendant was convicted on four counts I supported James Hormel’s nomina- Ashcroft presented to the media—not of first-degree murder for killing three tion as Ambassador to Luxembourg. I to the Judiciary Committee—a man officers and the wife of the sheriff. thought he was qualified for that post. named Paul Offner, who claimed that Johnson was sentenced to death on all At the same time, however, I respected John Ashcroft asked him about sexual counts. On appeal, the Missouri Su- the fact that others in this body, in- orientation 16 years ago in an inter- preme Court upheld the decision, but cluding Senator Ashcroft, did not share view. Mr. Offner’s accusations have Judge White dissented arguing for a my opinion. I cannot conclude—as been entirely rebutted by two eye- new trial based on ineffective assist- some people have—that because Sen- witnesses present during that inter- ance of counsel. Judge White thought ator Ashcroft and I disagreed, that view, both of whom have said that that Johnson deserved further oppor- Senator Ashcroft’s views, which were John Ashcroft never asked Mr. Offner— tunity to present a defense based on based on the totality of the record, or any of the many other people he post-traumatic stress disorder. But the were not valid. I have been in public interviewed for jobs—about sexual pref- majority showed that there was no service long enough to understand that erence. Carl Koupal, who sat in on nu- credible evidence that Johnson suffered thoughtful people can have honest dif- merous interviews with John Ashcroft from this disorder. Rather, it was clear ferences of opinion on such matters as head of Ashcroft’s gubernatorial that defense counsel had fabricated a without holding unsupportable or fun- transition team, said, ‘‘I can say John story that was quickly disproved at damentally biased points of view. Ashcroft did not ask that question of trial. For instance, defense counsel Now, there has been a great deal of him or any other candidate we spoke stated that Johnson had placed a pe- confusion about Senator Ashcroft’s to.’’ Another Ashcroft aide, Duncan rimeter of cans and strings and had de- role in the Hormel nomination. Outside Kincheloe, said, ‘‘It’s inconceivable to flated the tires of his car. At trial, tes- special interest groups—which are try- me, and I’m certain I would remember timony revealed that police officers ing to derail Senator Ashcroft’s nomi- if it had been asked. I’ve never heard had taken these actions, not the de- nation have accused him of singlehand- him ask about that, and I’ve sat fendant. S974 CONGRESSIONAL RECORD — SENATE February 1, 2001 Further, Congressman KENNETH In the Missouri Supreme Court, a 5– scious policies of questionable con- HULSHOF, the prosecutor in the John- 2 majority ruled that the trial court stitutionality. Opposition to Mr. Lee son case testified at Senator Ashcroft’s did not commit reversible error and was not limited to Senator Ashcroft— hearings that it was almost impossible upheld the verdict and sentence. Judge nine Republicans on the Judiciary to make out an argument for ineffec- White, however, joined a dissent with Committee opposed this nominee, in- tive assistance of counsel because the only one other judge which argued that cluding myself. defendant ‘‘hired counsel of his own ‘‘Johns was deprived of a fair trial with I have the highest personal regard for choosing. He picked from our area in respect to his self-defense theory.’’ Mr. Lee and the difficult circumstances mid-Missouri what . . . I referred to as Like the defendant in Missouri v. in which his family came to this coun- a dream team.’’ Johnson, the defendant in Missouri v. try, worked hard, and realized the Judge White has every right to pen a Johns murdered several people and con- American dream. Despite this high per- dissent in Johnson and other cases in- fessed to the killings. There was no sonal regard, I was deeply concerned volving the death penalty. Similarly, doubt about the defendant’s guilt in ei- about Mr. Lee’s nomination because every senator has the duty to evaluate ther case, yet Judge White dissented much of his career was devoted to pre- these opinions as part of Judge White’s and would have granted a new trial to serving constitutionally suspect race- judicial record. And that’s just what both defendants. conscious public policies that ulti- Senator Ashcroft did. At no time did I bring up the recent case of Missouri mately sort and divide citizens by race. Senator Ashcroft derogate Judge v. Johns not to criticize Judge White or At the time of his hearings, it was White’s background. reargue his nomination. Instead, I clear that he would have us continue I consider Judge White to be a decent mention this decision only to show down the road of racial spoils, a road man with an impressive personal back- that there was a legitimate basis for on which Americans are seen prin- ground. He has accomplished a great Senator Ashcroft’s concerns about cipally through the looking glass of deal and come up from humble begin- Judge White in death penalty cases. race. nings. But his record of dissenting in Senator Ashcroft has made the very Senator Ashcroft did not distort Mr. death penalty cases troubled me valid point that if Judge White had Lee’s testimony. When Mr. Lee stated enough to vote against his confirma- been confirmed as a federal district the test of Adarand he said that the tion. judge, he would have had enormous Supreme Court considered racial pref- Many of my colleagues have im- power to reverse state criminal convic- erence programs permissible if ‘‘con- pugned Senator Ashcroft’s motives for tions, including death penalty sen- ducted in a limited and measured man- voting against Judge White. But Judge tences, unilaterally because of the fed- ner.’’ While this might be correct in a White’s nomination was strongly op- eral writ of habeas corpus. narrow sense, it purposefully misses posed by many of Senator Ashcroft’s Finally, many of my colleagues have the main point of the Court’s funda- constituents and also by major law en- alleged that Senator Ashcroft’s opposi- mental holding that such race-con- forcement groups, including the Na- tion to Judge White was underhanded scious programs are presumptively un- tional Sheriffs’ Association and the and done with stealth. Well, Senator constitutional. Mr. Lee might have Missouri Federation of Police Chiefs. Ashcroft voted against Judge White’s stated that strict scrutiny was the Sheriff Kenny Jones, whose wife and nomination in Committee. He ex- standard articulated in Adarand; how- colleagues were killed by Johnson, tes- pressed his disapproval at that time. If ever, when he described the content of tified, ‘‘I opposed Judge White’s nomi- he had held up the nomination in Com- this standard it was far looser than nation to the federal bench, and I mittee without allowing it to proceed what the Supreme Court delineated. asked Senator Ashcroft to join me be- to the floor he would have been criti- Mr. Lee’s misleading description can cause of Judge White’s opinion on a cized for delay. properly be assailed as a fundamental death penalty case . . . In his opinion, Indeed, Senator BOXER pleaded dur- mischaracterization of the law. Judge White urged that Johnson be ing a debate about several judges in- Senator Ashcroft has stated that he given a second chance at freedom. I cluding Ronnie White, ‘‘I beg of you, in opposed Mr. Lee because of his record cannot understand his reasoning. I the name of fairness and justice and all of advocacy and his mischaracteri- know that the four people killed were things that are good in our country, zation of Supreme Court precedent. not given a second chance.’’ give people a chance. If you do not The failure to recognize the established Since his nomination for a federal think they are good, if you have a legal standard established by the Su- judgship was defeated, Judge White has problem with something they said or preme Court would have serious effects continued to dissent in criminal cases. did, bring it down to the floor. We can on Mr. Lee’s ability to serve as Assist- For example, in Missouri v. Johns, 2000 debate it. But please do not hold up ant Attorney General for Civil Rights. WL 1779262, Dec. 5, 2000, a jury sen- these nominees. It is wrong. You would Senator Ashcroft’s reasons for oppos- tenced the defendant Johns to death not do it to a friend.’’ (Cong. Rec. S. ing Mr. Lee are amply supported by the for a murder in which he shot the vic- 11871, Oct. 4, 1999). Other Senators have record. tim seven times, including a fatal shot repeatedly suggested that the Senate Another area in which Senator to the head. Following this murder, has ‘‘subtle’’ means of holding up Ashcroft has been unfairly attacked is Johns evaded capture for six months, nominees. But at the same time sen- his ability to enforce the law in areas during which time he committed two ators are rebuked for placing holds on related to abortion. Many of those op- more murders and several robberies. nominees. Thus, Senator Ashcroft was posing Senator Ashcroft have taken When finally located by authorities, between a rock and a hard place as to great pains to state that they do not Johns took a hostage, placed a gun to how to raise his legitimate concerns oppose him because of his ideology, but her head, and threaten to kill her. about Judge White. then go on to say they cannot support Johns confessed to the initial killing, Senator Ashcroft is a man of tremen- him because of his positions on abor- but claimed that he did so in self-de- dous integrity, one of the most quali- tion issues. Isn’t that ideology? fense, despite the fact that he shot the fied nominees for Attorney General Make no mistake about it, Senator victim seven times. In addition, Johns that we have ever seen. His opposition Ashcroft has a consistent pro-life confessed to the robbery and murder of to Judge White was principled and in record. Contrary to what his opponents the two other victims during his flight keeping with the proper exercise of the would have you believe, that is not ex- from justice. advice and consent duty of a senator. I tremist or ‘‘out of the mainstream.’’ During the trial, Johns tried to in- regret that we have needed to revisit Millions of Americans share the same troduce evidence that the victim had a this issue at such great length. view. In the end, what is important is violent reputation, but the trial court Senator Ashcroft has also been un- Senator Ashcroft’s commitment to en- excluded the proffered evidence on the fairly criticized for opposing the nomi- force the law as its been interpreted by grounds of relevancy. On appeal, Johns nation of Bill Lann Lee to head the the Supreme Court—and not the policy argued that the inability to admit evi- Civil Rights Division of the Justice De- positions he advocated as a legislator. dence of the victim’s reputation partment. Mr. Lee had a noted record While Senator Ashcroft’s critics have harmed his theory of self-defense. of promoting and preserving race-con- spared nothing in their attempts to February 1, 2001 CONGRESSIONAL RECORD — SENATE S975 distort his record and create fear, Sen- analysis was fair and objective and un- of character and integrity who had ator Ashcroft’s record over 25 years as affected by what his policy views may been active in the pro-choice move- a public servant, and his testimony be- have been. There has also been, what I ment could never be Attorney General? fore the Judiciary Committee during consider, unfounded skepticism over And what about the death penalty? his confirmation hearing, demonstrate whether Senator Ashcroft would vigor- Could we have no future Attorney Gen- his lifelong commitment to the rule of ously enforce clinic access and anti-vi- eral, regardless of how honest and well- law and his respect for the uniquely olence statutes. Being pro-life is not qualified, who opposed the death pen- different roles of a legislator and a law inconsistent with opposing violence at alty? Of course not. In fact, Repub- enforcer. Senator Ashcroft has proven clinics. The primary focus of the oppo- licans voted to confirm Janet Reno, de- that he can objectively interpret and sition has been the Freedom of Access spite her personal opposition to the enforce the law even where the law to Clinic Entrances Act or ‘‘FACE’’. death penalty, because she said she may diverge from his personal views on Senator Ashcroft supports the FACE could still enforce the law even though policy. His record and character dem- law, and always has. she disagreed with it. onstrate that he can be, as he has Senator Ashcroft testified specifi- If this is not about ideology, then we pledged, ‘‘law oriented and not results cally on how he would enforce FACE should get to the business of con- oriented.’’ and other clinic access and anti-vio- firming Senator Ashcroft. He has given Contrary to the fear-mongering of his lence laws. He stated clearly that he strong and specific assurances to the critics, Senator Ashcroft will enforce would enforce these laws ‘‘vigorously’’, Senate on abortion questions. These the law protecting a woman’s right to that he would investigate allegations assurances are backed up by his proven an abortion. He was very straight- ‘‘thoroughly’’ and that he would devote record as Missouri Attorney General forward in his testimony before the Ju- resources to these cases on a ‘‘priority and Governor. Most importantly, they diciary Committee when he stated basis.’’ He further stated that he would are backed up by Senator Ashcroft’s that, in his view, Roe v. Wade is settled maintain the appropriate Task Forces personal integrity and decency charac- law and that the Supreme Court’s deci- which have been created to facilitate teristics known personally by almost sions upholding Roe ‘‘have been mul- enforcement of clinic access and anti- every member of this body. I was quite surprised to hear Senator tiple, they have been recent and they violence statutes. These statements Ashcroft’s opponents criticize his work are totally consistent with Senator have been emphatic.’’ He said he would on behalf of faith-based organizations enforce the law as interpreted by the Ashcroft’s long record of speaking out that everyone recognizes do remark- Supreme Court. against violence and his belief that the able good works in every community When asked whether he would seek First Amendment does not give anyone across this nation. Senator Ashcroft to change the Supreme Court’s inter- the right to ‘‘violate the person, safety has participated in and encouraged pretation of the law, Senator Ashcroft and security’’ of another. these programs at both a personal and stated that ‘‘it is not the agenda of the Senator Ashcroft has always spoken policy level. President-elect to seek an opportunity out against clinic violence and other I think we should be proud of Senator to overturn Roe. And as his Attorney forms of domestic terrorism. He has Ashcroft’s efforts to assist the dis- General, I don’t think it could be my written to constituents about his advantaged. Senator Ashcroft was the agenda to seek an opportunity to over- strong opposition to violence and his author of the charitable choice provi- turn Roe.’’ He also stated that as At- belief that, regardless of his personal sion in the landmark Welfare Reform torney General, it wouldn’t be his job views on abortion, people should be Act of 1996. That provision encourages to ‘‘try and alter the position of the ad- able to enter abortion clinics safely. He faith-based organizations to partici- ministration.’’ voted for Senator SCHUMER’s amend- pate in the welfare reform effort on the Senator Ashcroft clearly recognized ment to the Bankruptcy bill that made same basis as secular organizations. As the importance of not devaluing ‘‘the debts incurred as a result of abortion a result, faith-based groups can now, currency’’ of the Solicitor General’s Of- clinic violence non-dischargeable in for example, conduct drug-treatment fice by taking matters to the Supreme bankruptcy. and job placement programs for the Court on a basis the Court has already Senator Ashcroft has always con- poor. These programs and other similar stated it does not want to entertain. He demned criminal violence at abortion faith-based programs have proved re- noted that in this way, ‘‘accepting Roe clinics—or anywhere for that matter— markably successful. As the noted civil and Casey as settled law is important, and believes people who commit these rights activist Robert Woodson testi- not just to this arena, but important in acts of violence and intimidation fied before the Senate Judiciary Com- terms of the credibility of the Depart- should be punished to the fullest extent mittee, Senator Ashcroft’s charitable ment.’’ He said he would give advice of the law. As Attorney General he’ll choice legislation ‘‘may do more to based upon sound legal analysis, not do just that. help blacks solve the real problems in ideology or personal beliefs. He made a Access to contraceptives is another their own communities than anything commitment that ‘‘if the law provides area that I think Senator Ashcroft has else government has done.’’ something that is contrary to my ideo- been unfairly criticized. His critics Some critics claim that Senator logical belief, I will provide them with make dire predictions about the future Ashcroft’s charitable choice provision that same best judgment of the law.’’ that are totally unsupported by Sen- violates the separation of church and From Senator Ashcroft, those are not ator Ashcroft’s testimony. Senator state embodied in the First Amend- just words. Throughout his career, he Ashcroft could not have testified any ment. These criticisms, however, are has demonstrated that he can do just more clearly on the issue of contracep- misplaced. The charitable choice law that. For example, as Missouri Attor- tion. He stated that: ‘‘I think individ- states that no federal funds ‘‘shall be ney General, Senator Ashcroft did not uals who want to use contraceptives expended for sectarian worship, in- let his personal opinion on abortion have every right to do so...[and] I struction, or proselytization.’’ More- cloud his legal analysis. He protected think that right is guaranteed by the over, the charitable choice law relies the confidentiality of abortion records Constitution of the United States.’’ He on Supreme Court precedents to clarify maintained by the Missouri Depart- also testified that he would defend cur- what is constitutionally permissible ment of Health even when they were rent laws should they be attacked. when state and local governments co- requested by pro-life groups. What more can he say? Is there any- operate with religious and charitable Likewise, when asked to determine thing a pro-life nominee could say to organizations. The charitable choice whether a death certificate was re- please the pro-abortion interest law also allows beneficiaries who ob- quired for all abortions, regardless of groups? ject to the religious character of the the age of the fetus, Attorney General Senator Ashcroft’s opponents argue organization to receive assistance from Ashcroft—despite his personal view that someone who has been active in an alternative provider. that life begins at conception issued an advocating a particular policy position During last year’s Presidential cam- opinion that Missouri law did not re- cannot set that aside and enforce the paign of 2000, both President George W. quire any type of certificate if the law fairly. I don’t believe they can be Bush and Vice President Al Gore sup- fetus was 20 weeks old or less. His legal serious. Does this mean that a person ported the charitable choice law as a S976 CONGRESSIONAL RECORD — SENATE February 1, 2001 means to empower faith-based char- not understand either a faith that tran- The Civil Rights Division was estab- ities. As President Bush recently said: scends politics and grasping after lished in 1957 to secure the effective en- ‘‘A compassionate society is one which power or the distinction between being forcement of civil rights for all Ameri- recognizes the great power of faith. We an advocate for change in the law and cans. The Civil Rights Division is re- in government must not fear faith- being an impartial magistrate to apply sponsible for enforcing federal statutes based programs, we must welcome the law. that prohibit discrimination on the faith-based programs.’’ The Attorney General is perhaps the basis of race, gender, disability, reli- Thanks in large part to Senator most important position in the Presi- gion, and national origin. In order to Ashcroft’s leadership, President Bush dent’s cabinet. The Department of Jus- enforce these landmark laws, the Civil will be able to expand the role of faith- tice has a long and storied history. It Rights Division engages in a variety of based charities in fighting poverty, ad- represents all Americans in the pursuit litigation to fight discrimination in diction and other social ills. Based on of justice. As such, the Department of employment, housing and immigration. the charitable choice law, President Justice demands an Attorney General In particular, the litigation brought by Bush created an Office of Faith-Based with great ability, integrity, and judg- the Civil Rights Division under the and Community Initiatives in the ment. John Ashcroft has all these Voting Rights Act has had a profound White House last week. This office will qualities. influence on the electoral landscape in be led by the prominent University of Senator Ashcroft’s abilities are dem- the last three decades. Pennsylvania professor John DiIulio. onstrated by the fact he was elected to As Senator Ashcroft stated at his In short, the charitable choice law was statewide office five times in Missouri, confirmation hearing: ‘‘No part of the one of Senator Ashcroft’s most impor- a classic swing state in America’s po- Department of Justice is more impor- tant legislative accomplishments and litical landscape. As Attorney General tant than the Civil Rights Division.’’ something that should weigh in favor and Governor of Missouri, John John Ashcroft vigorously enforced civil of his nomination, not against it. Ashcroft served with distinction and rights laws as the Attorney General The criticism leveled against Senator built a record of public service and de- and Governor of Missouri. He signed Ashcroft on Charitable Choice suggests votion to the rule of law. He continued Missouri’s first hate crimes statute. the possibility of an even more dan- that proud service representing Mis- Not content to wait for the legislature gerous problem, religious intolerance. souri in the United States Senate. His to act, John Ashcroft made Missouri Article VI of our Constitution, while leadership and integrity has been rec- one of the first States to recognize requiring that Officers of the govern- ognized by people in both political par- Martin Luther King Day by issuing an ment swear to support the constitu- ties throughout his career. He was executive order. He also led the fight to tion, assures us that ‘‘no religious Test elected President of the National Asso- save Lincoln University, the university shall ever be required as a Qualifica- ciation of Attorneys General by his fel- in Missouri founded by African-Amer- tion to any Office or public Trust under low state attorneys general. As Gov- ican Civil War veterans. the United States.’’ I fear that in con- ernor of Missouri, John Ashcroft was As the Chairman of the Constitution sidering the nomination of John elected Chairman of the National Gov- Subcommittee in the Senate Judiciary Ashcroft to be Attorney General of the ernors Association by his fellow gov- Committee, Senator Ashcroft held the United States, some are coming very ernors. Each time John Ashcroft was first hearing on racial profiling in the close to violating the spirit, if not the elected to these prestigious positions, history of Congress. When asked at his letter of that assurance. the majority of state attorneys general confirmation hearing about his prior- In response to a question I posed to and governors were Democrats. The ities for the Justice Department, Sen- Senator Ashcroft about the wide dis- fact that he was chosen to lead these ator Ashcroft cited the abolition of ra- parity of treatment accorded him as a organizations while in the minority cial profiling as one of his top two pri- person of faith and that accorded to party is a testament to his integrity orities. Senator LIEBERMAN when he was run- and ability. Mr. President, John Senator Ashcroft stated at his con- ning for Vice-President, and whether Ashcroft is the most qualified nominee firmation hearing that the paramount anything in his faith background would for Attorney General in history. We are civil right is personal safety. The At- interfere with his ability to apply the fortunate to have him as a nominee. I torney General is America’s chief law law as critics had charged, Senator look forward to his stewardship of the enforcement officer, and managing the Ashcroft said: Department of Justice. Criminal Division is the most impor- Mr. President, much of the debate In examining my understanding and my tant aspect of the Attorney General’s commitment and my faith heritage, I’d have over the nomination of John Ashcroft duties. The Criminal Division oversees to say that my faith heritage compels me to has focused only on a few important thousands of federal agents and is enforce the law and abide by the law rather issues, but those are not the only im- charged with, among other things, in- than to violate the law. And if in some meas- portant issues central to the core mis- vestigating and prosecuting drug deal- ure somehow I were to encounter a situation sion of the Department of Justice. I be- ers, illegal gun traffickers, bank rob- where the two came into conflict so that I lieve the Senate would be well-served bers, child pornographers, computer could not respond to this faith heritage to consider the Ashcroft nomination in hackers, and terrorists. The Criminal which requires me to enforce the law, then I light of all of the important duties of Division has a visible and tangible ef- would have to resign. the Attorney General. When this de- fect on the lives of all Americans. Those looking for reassurance that bate is placed in the proper perspec- I have no doubt that, given his vast Senator Ashcroft will enforce the law tive, it becomes even more obvious how experience as a public servant, Senator as written need look no further than qualified Senator Ashcroft is to be the Ashcroft understands and appreciates this brief paragraph. Senator next Attorney General of the United the mission of the Criminal Division. Ashcroft’s critics and supporters alike States. Throughout his long career as Missouri uniformly agree that he is a man who The Department of Justice was es- Attorney General, Missouri Governor, takes his faith seriously. If he says his tablished by Congress in 1870. It is the and United States Senator, Senator faith compels him to abide by the law, largest law firm in the United States Ashcroft has been a strong advocate of I think his promise carries great with 123,000 employees and an annual tough and effective criminal law en- weight. As he said in his opening state- budget of approximately $21 billion. forcement. ment, he takes his oath of office seri- Through its thousands of lawyers, Perhaps the greatest threat facing ously, it being a sacred and solemn ob- agents, and investigators, the Justice our nation today is the scourge of ille- ligation. Nevertheless, he has been at- Department plays a vital role in fight- gal drugs. For years, Senator Ashcroft tacked as a dangerous zealot by many ing violent crime and drug trafficking, has been a leader in the fight against of his opponents, who suggest that his ensuring business competition in the illegal drugs. In 1996, Senator Ashcroft faith will require him to violate the marketplace, and enforcing immigra- helped me enact the Comprehensive law, or as a liar who cannot be trusted tion and naturalization laws. Consider Methamphetamine Control Act, which because he says he will swear to uphold the following major components of the increased penalties for the manufac- the law. Well, his critics cannot have it Justice Department in light of the ture and trafficking of methamphet- both ways. Apparently, his critics do qualifications of Senator Ashcroft: amine. Senator Ashcroft also helped February 1, 2001 CONGRESSIONAL RECORD — SENATE S977 enact federal laws that increased man- sale. I have no doubt that with John him well to oversee the Civil Division. datory minimum sentences for meth- Ashcroft as Attorney General, the Jus- John Ashcroft established the Con- amphetamine offenses and authorized tice Department will target and pros- sumer Affairs Division in the Missouri courts to order persons convicted of ecute gun crimes with unprecedented Attorney General’s office. He brought methamphetamine offenses to pay for zeal. many consumer protection actions, in- the costs of laboratory cleanup. Last To his credit, Senator Ashcroft un- cluding odometer tampering cases and year, Senator Ashcroft authored legis- derstands that the vast majority of financial pyramid schemes. In Illinois lation to target additional resources to criminal law enforcement takes place v. Abbott & Associates, Inc., Attorney local law enforcement agencies to fight at the state and local level. Given his General Ashcroft filed a brief in the methamphetamine. tenure as Missouri Attorney General United States Supreme Court sup- Senator Ashcroft also understands and Governor, Senator Ashcroft appre- porting the right of state attorneys that drug treatment and prevention ciates the important role that the fed- general to conduct antitrust investiga- are vital components of an effective eral government can play in supporting tions. In the Senate, John Ashcroft drug strategy. In last year’s meth- state and local authorities by pro- helped enact legislation to combat amphetamine legislation, Senator viding resources and training. He also telemarketing scams against senior Ashcroft included funding for drug edu- understands that the Justice Depart- citizens. cation and prevention programs, in- ment should provide such support with- Created in 1909, the Environment and cluding resources for school-based anti- out intruding into traditional areas of Natural Resources Division is the Na- methamphetamine initiatives. As At- state sovereignty. tion’s chief environmental lawyer. It is torney General and Governor of Mis- In the Senate, Senator Ashcroft responsible for litigating cases ranging souri, Senator Ashcroft increased fund- steadfastly supported state and local from the protection of endangered spe- ing for anti-drug programs by almost law enforcement. He won enactment of cies to the cleanup of hazardous waste 40%, the vast majority of which was for a bill that extends higher education fi- sites. In addition to prosecuting envi- education, prevention and treatment. nancial assistance to spouses and de- ronmental crimes, the Environment During his confirmation hearing, pendent children of law enforcement and Natural Resources Division en- Senator Ashcroft has also made clear officers killed in the line of duty. He sures that federal environmental laws that prosecuting gun crimes will be a was the principal proponent of the are implemented in a fair and con- top priority of the Ashcroft Justice De- ‘‘Care for Police Survivors Act,’’ a sistent manner. partment. Unfortunately, gun prosecu- measure that increases benefits to the As Missouri Attorney General, John tions have not always been a priority survivors of public safety officers Ashcroft aggressively enforced that for the Department of Justice. For ex- killed in the line of duty. Along with state’s environmental protection laws. ample, between 1992 and 1998, prosecu- Senator BIDEN, Senator Ashcroft co- To cite but a few examples, Attorney tions of defendants who use a firearm sponsored legislation to reauthorize General Ashcroft brought suit to pre- in the commission of a felony dropped the COPS program. vent an electric company from causing nearly 50 percent, from 7,045 to ap- In addition, Senator Ashcroft cospon- oxygen levels in downstream waters to proximately 3,800. In the Senate, John sored the ‘‘Local Law Enforcement En- harm fish. He also sought to recover Ashcroft was one of the leaders in hancement Act of 1995.’’ This act allo- damages from the electric company. fighting gun crimes. To reverse the de- cated $1 billion to state and local law Attorney General Ashcroft brought a cline in gun prosecutions by the Jus- enforcement to update and computerize successful action against the owner of tice Department, Senator Ashcroft criminal records, automated finger- an apartment complex for violations of sponsored legislation to authorize $50 print systems, and DNA identification the Missouri Clean Water Law relating million to hire additional federal pros- operations. John Ashcroft also cospon- to treatment of waste water, and he ecutors and agents to increase the fed- sored the ‘‘21st Century Justice Act’’ sued the owner of a trailer park for vio- eral prosecution of criminals who use which included Violent Offender Incar- lations of the Missouri Clean Water guns. ceration and Truth-in-Sentencing In- Law. In addition, Senator Ashcroft au- centive Grants. These grants have pro- As Missouri Attorney General, Sen- thored legislation to prohibit juveniles vided federal resources to States to ator Ashcroft also filed numerous from possessing assault weapons and build prisons to incarcerate violent and briefs in the United States Supreme high-capacity ammunition clips. The repeat offenders. Given his record, it is Court that advanced environmental Senate overwhelmingly passed the no surprise that law enforcement protections. For example: Ashcroft juvenile assault weapons ban groups such as the Fraternal Order of In Pacific Gas & Electric Co. v. State in May of 1999. Police, the National Sheriff’s Associa- Energy Resources Conservation & De- Senator Ashcroft voted for legisla- tion, the International Association of velopment Commission, Attorney Gen- tion that prohibits any person con- Chiefs of Police, the National District eral Ashcroft filed a brief supporting a victed of even misdemeanor acts of do- Attorneys Association, and the Na- California law that conditioned the mestic violence from possessing a fire- tional Association of Police Organiza- construction of nuclear power plants arm, and he voted for legislation to ex- tions are united in their support for on findings that adequate storage and tend the Brady Act to prohibit persons Senator Ashcroft’s nomination. disposal facilities are available. who commit violent crimes as juve- The Civil Division represents the In Sporhase v. Nebraska, Attorney niles from possessing firearms. In order United States government, including General Ashcroft endorsed the State of to close the so-called ‘‘gun show loop- executive departments and agencies, in Nebraska’s effort to stop defendants hole,’’ Senator Ashcroft voted for legis- civil litigation. First and foremost, the from transporting Nebraska ground- lation, which I authored, to require Civil Division defends the constitu- water into Colorado without a permit. mandatory instant background checks tionality of federal statutes, regula- In Baltimore Gas & Electric Co. v. for all firearm purchases at gun shows. tions, and executive orders. The Civil Natural Resources Defense Council, In order to maintain tough federal Division also litigates complex com- Inc., Attorney General Ashcroft filed a penalties, Senator Ashcroft sponsored mercial cases. This litigation is espe- brief supporting the Natural Resources legislation to require a five-year man- cially important for property rights be- Defense Council’s position on tougher datory minimum prison sentence for cause the Civil Division represents the environmental regulations relating to federal gun crimes and for legislation federal government against claims that storage of nuclear wastes. to encourage schools to expel students private property was taken for public As Missouri Attorney General, John who bring guns to school. Senator use without just compensation. In ad- Ashcroft issued numerous legal opin- Ashcroft voted for the ‘‘Gun-Free dition, the Civil Division represents ions that furthered the enforcement of Schools Zone Act’’ that prohibits the the federal government in consumer environmental laws. I would like to de- possession of a firearm in a school litigation under various consumer pro- scribe a few of these formal opinions. zone, and he voted for legislation to re- tection and public health statutes. In Attorney General Opinion No. 123–84, quire gun dealers to offer child safety Senator Ashcroft’s experience as the Attorney General Ashcroft issued an locks and other gun safety devices for Attorney General of Missouri prepared opinion that underground injection S978 CONGRESSIONAL RECORD — SENATE February 1, 2001 wells constitute pollution of the waters valid. I have been in public service long him or any other candidate we spoke of the state and are subject to regula- enough to understand that thoughtful to.’’ Another Ashcroft aide, Duncan tion by the Missouri Department of people can have honest differences of Kincheloe, said, ‘‘It’s inconceivable to Natural Resources under the state’s opinion on such matters without hold- me, and I’m certain I would remember Clean Water Act. Attorney General ing unsupportable or fundamentally bi- if it had been asked. I’ve never heard Ashcroft also opined that it would be ased points of view. him ask about that, and I’ve sat unlawful to build or operate such a Now, there has been a great deal of through dozens and dozens of inter- well unless a permit had been obtained confusion about Senator John views with him.’’ This evidence should from the Clean Water Commission. Ashcroft’s role in the Hormel nomina- lay to rest questions related to the In Attorney General Opinion No. 67, tion. Outside special interest groups— uncorroborated charges of Mr. Offner. Attorney General Ashcroft issued an which are trying to derail Senator At least one Senator, however, con- opinion that operators of surface mines Ashcroft’s nomination—have accused tinues to ignore the facts and draw out must obtain a permit for each year him of singlehandedly blocking or the innuendo. That Senator said that that the mine was un-reclaimed. In stopping James Hormel’s nomination Mr. Offner’s allegations—even if un- reaching this opinion, Attorney Gen- simply because of Hormel’s sexual ori- true—would not have had any reso- eral Ashcroft determined that the oper- entation. These charges are false. Al- nance if it were not for a history of un- ator of the mine must have a permit though, as John Ashcroft told the Judi- fairness. But that Senator has pre- continuously from the time mining op- ciary Committee, he voted against the sented absolutely not evidence of any erations begin until reclamation of the nomination when it came to a vote in such history. Not a single person has site is complete. Attorney General the Foreign Relations Committee, he come forward with a credible story of Ashcroft concluded that the contin- did nothing to stop that nomination. unfairness in John Ashcroft’s 30-year uous permit requirement facilitated John Ashcroft did not block a Senate public life, during which he conducted Missouri’s intention ‘‘to protect and vote on Mr. Hormel’s nomination, and hundreds if not thousands of interviews promote the health, safety and general he did not vote against that nomina- and meetings, and made many hiring welfare of the people of this state, and tion on the floor because it never came and firing decisions. Given all the pub- to protect the natural resources of the to the floor. lic attention to this issue, and all of state from environmental harm.’’ So let’s look beyond the smokescreen the league of special interest powerful In Attorney General Opinion No. 189, of unsupported innuendo to examine lobbyists who are working hard to find Attorney General Ashcroft issued an what we really know about John just one witness against John Ashcroft, opinion that Missouri’s cities and Ashcroft. during the confirmation the absence of such a witness speaks counties had the authority to require hearings, Senator LEAHY and John loudly and clearly. that all solid waste be disposed of at Ashcroft directly about his motives In addition to his 30-year record of approved solid waste recovery facili- with respect to the James Hormel nom- fairness, we also have Senator ties, rather than be buried in landfills. ination. Senator LEAHY asked, ‘‘Did Ashcroft’s clear pledge for the future. In rendering his opinion, Attorney you block his nomination from coming He told the Judiciary Committee in no General Ashcroft gave credence to the to a vote because he is gay?’’ And Sen- uncertain terms that he ‘‘will enforce arguments that ‘‘recycling of solid ator Ashcroft said, ‘‘I did not.’’ He the law equally without regard to sex- wastes results in fewer health hazards could not have been more clear. And ual orientation if appointed and con- and pollution problems than does dis- when a man of John Ashcroft’s integ- firmed as attorney general.’’ He also posal of the same types of wastes in rity makes such a clear statement, we promised that sexual preference ‘‘will landfills’’ and that ‘‘public welfare is should take him at his word. Still, not be a consideration in hiring at the better served by burning solid wastes however, several Senators have re- Department of Justice’’ if he is con- for generation of electricity, thus con- peated the unsupported allegation that firmed. And this statement reflects serving scarce natural resources.’’ To Ashcroft’s sole reason for voting more than his promise to uphold cur- those who have irresponsibly charged against Hormel is that Hormel is gay. rent policy; it reflects John Ashcroft’s that Senator Ashcroft will not enforce Some opponents of John Ashcroft are own judgment. He said, ‘‘even if the ex- our environmental laws, I say this: taking the position of using his Hormel ecutive order [barring the consider- Look at his record. nomination vote to paint a false por- ation of sexual orientation as relevant In conclusion, there are other offices trait of a man who acts in a biased way to hiring] would be repealed, I would in the Justice Department that are towards homosexuals. But there is ab- still not consider sexual orientation in also very important. In the interest of solutely no evidence in the record to hiring at the Department of Justice be- time, however, I have focused on a se- support that accusation. Senator cause I don’t believe it relevant to the lect few. My point today is a simple Ashcroft made it very clear, both dur- responsibilities.’’ Now, that is a very one when this nomination is considered ing his hearing and in his responses to strong statement, Mr. President. Espe- in light of the mission of the Depart- numerous written questions, that ‘‘sex- cially because it comes from a person ment of Justice, it becomes apparent ual orientation has never been some- of unquestioned integrity. how well-qualified John Ashcroft is to thing that I’ve used in hiring in any of The facts that I have just described be Attorney General. I look forward to the jobs, in any of the offices I’ve convince me completely that John his stewardship of the Department of held.’’ Ashcroft, once confirmed, will always Justice. In an effort to cloud this crystal- act fairly in his law enforcement deci- Mr. President, I rise to respond to clear statement, the forces opposing sions and hiring decisions to people re- mischaracterizations about John Ashcroft presented to the media a man gardless of sexual orientation. Ashcroft’s role in the James Hormel named Paul Offner, who claimed that Mr. President, I ask unanimous con- nomination, and about John Ashcroft’s John Ashcroft asked him about sexual sent to print an op-ed from the Wall public record of fairness with respect orientation 16 years ago in an inter- Street Journal from today. to employment of people. view. Mr. Offner’s accusations have There being no objection, the mate- Let me say at the outset that I sup- been entirely rebutted not only by Sen- rial was ordered to be printed in the ported James Hormel’s nomination as ator Ashcroft but also by two eye- RECORD, as follows: Ambassador to Luxembourg. I thought witnesses present during that inter- [From the Wall Street Journal, Feb. 1, 2001] he was qualified for that post. At the view, both of whom have said that THE HORMEL DEMOCRATS same time, however, I respected the John Ashcroft never asked Mr. Offner— With Bill Clinton having split for fact that others in this body, including or any of the many other people he Chappaqua with the Spielberg china, Demo- Senator Ashcroft, did not share my interviewed for jobs—about sexual pref- crats have a chance to present a new image opinion. I cannot conclude—as some erence. Carl Koupal, who sat in on nu- to the public. Yet by opposing John Ashcroft people have—that because Senator merous interviews with John Ashcroft for Attorney General, Senate Democrats seem intent on reminding Middle America Ashcroft and I disagreed, that Senator as head of Ashcroft’s gubernatorial why it voted against Al Gore. Ashcroft’s views, which were based on transition team, said, ‘‘I can say John Some of our readers may already have seen the totality of the record, were not Ashcroft did not ask that question of the nearby map of America breaking down February 1, 2001 CONGRESSIONAL RECORD — SENATE S979 the vote in the last election. Mr. Gore won The news is that so many Senators are everything I can to make sure that we the two left coasts, the latte towns and nonetheless lining up to be Hormel Demo- lead properly in that respect.’’ These tonier suburbs, and remnants of the progres- crats. It’s no accident that both North Da- are firm assurances from a man of in- sive upper Midwest. President Bush won ev- kota Democrats, the usually hyper-partisan tegrity. erything else. The map reflects a country di- Byron Dorgan and Kent Conrad, came out vided by culture, with the traditionalist mid- early for Mr. Ashcroft. George Bush won As you can see, Mr. President, it is dle rejecting the anything-goes mores of the their state by two-to-one. But all of the po- not only unfair but also inaccurate to Clinton years. tential Democratic presidential candidates portray Senator Ashcroft as insensitive Well, here we go again, with the same cul- seem to be falling into opposition line: Hil- to the issue of racial profiling. I hope turally liberal interests groups who ordered lary of course, and even Indiana’s Evan my comments help to set the record around Mr. Gore now making the Ashcroft Bayh. Joe Lieberman is still pondering from straight. vote a litmus test for Senate Democrats. Mt. Olympus. Mr. President, I would like to correct NARAL, NOW, People for the American Way Mr. Lieberman might reflect that fol- some misstatements that were made on and the rest know they can’t defeat him. But lowing the liberal line didn’t help him or his they’re twisting arms behind the scenes to running mate last year. Democrats lost the the floor of the Senate concerning get as large a negative vote as possible, as a White House, despite peace and prosperity, John Ashcroft’s speech at Bob Jones way to show their muscle and to warn Mr. because Middle America didn’t share their University. There has been a real at- Bush not to name any conservatives to the cultural values. Lining up against John tempt here to wage a ‘‘guilt by associa- Supreme Court. Ashcroft won’t help win them back. tion’’ attack on Senator Ashcroft, and The problem for many Democrats, how- ever, is that voters may notice the company Mr. HATCH. Mr. President, I want to I want to set the record straight. they’re keeping. Barbara Boxer, the super- respond to an unfair and untrue state- John Ashcroft’s visit to the school liberal from California, was the first Senate ment made on the floor of the Senate was not controversial when it occurred Democrat to declare against Mr. Ashcroft. about John Ashcroft’s work to combat in May 1999. But early in 2000—approxi- Ted Kennedy followed close behind, this the practice of racial profiling. mately eight months after John week joined by Pat Leahy from the Swedish Senator Ashcroft has a good record Ashcroft’s visit—Bob Jones University Republic of Vermont and the noted moderate on the issue of racial profiling. It was became a flash point during the pri- from the great state of New York, Hillary Senator Ashcroft’s decision to hold the mary election because opponents of Rodham Clinton. This may all be thrilling news in Hollywood and Manhattan. But we first-ever congressional hearing on the then-Governor George W. Bush accused wonder how this brand of Democratic leader- topic, a decision that Senator FEIN- Governor Bush of associating with an ship is going to look in, say, Georgia, Mon- GOLD, who is an expert on the issue in anti-Catholic statement that appeared tana or South Dakota. his own right, appropriately acknowl- on the University’s Internet site. Especially because this time the liberal edged during the confirmation hear- Following the flap over Bush’s visit, Borking strategy has been a bust. First the ings. Senator FEINGOLD reported that John Ashcroft said, ‘‘I didn’t really interest groups played the race card, but not know they had these positions,’’ and even rejected judicial nominee Ronnie White Senator Ashcroft and his staff ‘‘not would say that Mr. Ashcroft was racially only permitted, but assisted in a sig- ‘‘[f]rankly, I reject the anti-Catholic motivated. The debate over Judge White had nificant and powerful hearing on racial position of Bob Jones University cat- been about crime, specifically the death pen- profiling in the Constitution sub- egorically.’’ alty, and Democrats sure didn’t want to be committee.’’ Despite having repudiated the offend- soft on that. Then the opposition tried the Those who attempt to downgrade the ing statement, John Ashcroft faced a gender/abortion card, but Mr. Ashcroft importance of that hearing have failed new round of criticism for his appear- defused that one by pledging to enforce even to understand that Senator Ashcroft’s ance after he was nominated to be At- laws he dislikes. The latest attack line has been to suggest motives are genuine. Senator Ashcroft torney General. The special interest that Mr. Ashcroft is a relentless gay basher. opposes injustice of all kinds. As he ex- groups aligned against him attempted Democrats went to the unusual lengths of plained in his opening statement to the to associate John Ashcroft with every calling in the recently returned U.S. ambas- Judiciary Committee, ‘‘[f]rom racial form of bigotry and intolerance they sador to Luxembourg, James Hormel, to al- profiling to news of unwarranted strip could. lege that in opposing his nomination to be searches, the list of injustice in Amer- But any controversy over John ambassador Mr. Ashcroft had shown himself ica today is still long. Injustice in Ashcroft’s speech at Bob Jones Univer- to be intolerant. In fact, fellow Republican Tim Hutchinson admitted that he (and not America against any individual must sity should have been put to rest by Mr. Ashcroft) was the Senator who had not stand; this is the special charge of John Ashcroft’s testimony at this con- placed a hold on Mr. Hormel, who also helped the U.S. Department of Justice.’’ firmation hearings. That’s when we fi- to found the Human Rights Campaign, the Senator Ashcroft made clear that his nally got the chance to ask Senator gay lobby that has tried to stigmatize the efforts to combat racial profiling will Ashcroft what he thought. And Senator Boy Scouts. continue if he is confirmed as Attorney Ashcroft made it clear that he If nothing else, the Hormel matter cer- General. In response to Senator ‘‘reject[s] any racial intolerance or re- tainly is instructive about our current cul- tural divide. Liberals want to make homo- FEINGOLD’S direct question ‘‘will you ligious intolerance that has been asso- sexuality not just a matter of tolerance but make racial profiling a priority of ciated with[,] or is associated with[,]’’ essentially a qualification for office: Oppose yours?’’, John Ashcroft pledged, ‘‘I will Bob Jones University. a gay nominee and you’re automatically a make racial profiling a priority of Senator Ashcroft went on to explain bigot. mine.’’ He could not have been more that ‘‘[he] want[s] to make it very Never mind that Mr. Hormel was also op- clear. And he was equally lucid when clear that [he] reject[s] racial and reli- posed by the U.S. Catholic League for Reli- describing the basis for his views. He gious intolerance.’’ He said he does not gious and Civil Rights because he had pro- nounced himself amused at the public mock- said, ‘‘I think racial profiling is wrong. endorse any bigoted views by virtue of ery of the Sisters of Perpetual Indulgence, a I think it’s unconstitutional. I think it ‘‘having made an appearance in any notorious anti-Catholic gay group. ‘‘When violates the 14th Amendment.’’ These faith or any congregation.’’ He said, for Senator Tim Hutchinson gave James Hormel are powerful words when spoken by a example, that he has visited churches the opportunity to denounce anti-Catholi- man such as John Ashcroft who is com- which do not ‘‘allow women in certain cism, Hormel refused to do so,’’ wrote Wil- mitted to enforcing the rule of law. roles,’’ and that he does not endorse liam Donohue of the Catholic League in 1998. Senator Ashcroft’s views on racial that view either. Luxembourg is more than 90% Catholic. Mr. Hormel claims he was misrepresented, profiling are part of his larger concep- Apparently, Ashcroft’s answer elimi- and maybe he was. But the politics of ‘‘toler- tion of the role of the Department of nated any doubt about his personal ance’’ cuts both ways, and there’s no denying Justice on racial issues. Senator views. As Senator LEAHY told Senator that the modern gay-rights agenda has Ashcroft has pledged that, if con- Ashcroft during the hearing, ‘‘I made moved beyond mere peaceful co-existence to firmed, ‘‘I would do my best never to my position very clear yesterday on mock and stigmatize traditional religion. allow a person to suffer solely on the how I feel about you on any questions Catholics have been a special target because basis of a person’s race.’’ He went on to of racial or religious bias. I stated that of the Pope’s refusal to bend the church’s centuries-old belief that homosexual acts are say that ‘‘it is important that the fed- neither I nor anybody on this com- sinful. Mr. Hormel’s critics were merely eral government be leading when it mittee would make that claim about using the kind of identity politics that lib- comes to respecting the rights of indi- you.’’ Even Catholic groups were satis- erals have used for years. viduals and the Constitution. I will do fied. A spokesperson for the Catholic S980 CONGRESSIONAL RECORD — SENATE February 1, 2001 League said, ‘‘In short, the controversy Missouri’s decision not to ratify the what we expect of either a state or our over Ashcroft is much ado about noth- Equal Rights Amendment (‘‘ERA’’), federal Attorney General. ing as far as the Catholic League is NOW organized a boycott against Mis- I would also like to respond to the concerned.’’ souri (as well as other states that number of comments that have been Some outside groups had questioned failed to ratify the ERA). Pursuant to made about Senator Ashcroft’s actions the meaning of the speech that Senator that boycott, NOW urged organizations in Sermchief v. Gonzales, 660 S.W.2d 683 Ashcroft gave during his visit to Bob not to hold conventions in Missouri. In (Mo. 1983). This case was a declaratory Jones University. Senator Ashcroft ex- 1978, Missouri, through then-Attorney action brought by nurses working at plained during the confirmation hear- General Ashcroft, sued NOW in federal family planning clinics to permit them ing that ‘‘the phrase, ‘We have no king court, alleging that the boycott vio- to prescribe contraceptives and other but Jesus,’ was a representation of lated the antitrust laws. As Senator reproductive health materials accord- what colonists were saying at the time Ashcroft testified during his confirma- ing to the same protocols dictated by of the American Revolution.’’ He said tion, he filed the lawsuit because the physicians under the Nursing Practice that the point of his speech was ‘‘the boycott was hurting the people of Mis- Act of 1975. The nurses also challenged idea that the ultimate authority of the souri, and he believed it to be in viola- the constitutionality of the statute. ultimate idea of freedom in America is tion of the antitrust laws. Senator Attorney General Ashcroft’s office was not governmentally derived.’’ I don’t Ashcroft testified that the lawsuit had served with the lawsuit as required by think anyone in the Senate would take nothing to do with the ERA or with po- law when any party challenges the con- issue with that. It is an understate- litical differences that Senator stitutionality of a statute. Attorney ment to say that this idea is well-docu- Ashcroft might have held with NOW. General Ashcroft fulfilled his duty to mented in the Founders’ writings. The decision to file it was purely a defend the constitutionality of the Some went in search of controversy legal and economic one. The boycott statute. The brief his office filed did by asking Senator Ashcroft if he would hurt Missouri and, in his view, was ille- not address the proper scope of nursing go to Bob Jones University again if in- gal, and it was his duty to act on behalf practices as some have claimed. vited as Attorney General. He said he of Missouri and its citizens. The Attorney General’s Office also would ‘‘speak at places where [he] While some have charged this was represented the State Board of Nurs- believes[s] [he] can unite people and settled law because a case cited in an ing, who was not a party to the case, move them in the right direction.’’ In opinion was more than a decade old, and filed an amicus brief on behalf on saying that, he contritely explained the fact that a case is cited in a deci- their behalf urging an interpretation of that his confirmation hearings—‘‘and sion is no indicator of whether the law the statute consistent with the posi- the prelude to th[o]se hearings’’— of the particular case is settled. In tion taken by the nurses. This is the taught him to be ‘‘sensitive at a higher fact, the legal question at issue— view that prevailed in the Missouri Su- level now than [he] was before, that the whether the Sherman Act covers boy- preme Court. In other words, both of attorney general in particular needs to cotts engaged in with political rather the Attorney General’s briefs sup- be careful about what he or she does.’’ than economic aims—was acknowl- ported the constitutionality of the Senator Ashcroft said that, if con- edged by all the judges on the 8th Cir- statute. It was proper for the Attorney firmed, he ‘‘would be sensitive to ac- cuit panel to be one of first impression. General to file briefs on behalf of par- cepting invitations so as to not allow a With all appellate judges acknowl- ties on either side of the litigation be- presumption to be made that I was en- edging the novelty of the case, I do not cause the positions taken were not in dorsing things that would divide people know how the argument that the law conflict insofar as they supported con- instead of unite them.’’ This answer was settled can be maintained. The stitutionality of statute. Even if they apparently did not satisfy some of the language of the Sherman Act on its had been in conflict, the law recognizes committee who have since argued that face covered the conduct at issue, and that an Attorney General may take he should have pledged never to return it was well established that it gen- conflicting positions because he or she to the University. erally covered boycotts. The court is the only lawyer the government But as Senator Ashcroft explained at eventually ruled 2 judges to 1 against has—even when different government his hearing, it is shortsighted to make General Ashcroft, but obviously it was entities cannot agree. a pledge not to go somewhere just be- an unanswered question in the law and cause you disagree with them. John could have gone either way. The law is The nurses were concerned about the Ashcroft pointed out that the Bob clear now, but it wasn’t then. An At- Nursing Practice Act of 1975, and Jones University has ‘‘abandoned the torney General for a state represents whether the term ‘‘professional nurs- policy on interracial dating which was that state, and like any lawyer, is to ing’’ expanded the scope of authorized offensive’’ after that policy became a zealously defend the rights of those he nursing practices. The Board of Heal- focus of attention last year. I think represents. So, naturally appeals were ing Arts threatened to order the nurses John Ashcroft was contrite about what made. Not to make an appeal from an to show cause why the nurses should he learned and correct not to rule out adverse ruling—especially in a case of not be found guilty of the unauthorized visiting places where he thinks his first impression—would have departed practice of medicine, and physicians presence could be a force for positive from normal practice and may have guilty of ‘‘aiding and abetting.’’ The change. violated his duty to his client, the peo- Board of Healing won this argument at Thank you for the opportunity to ple of Missouri. And the fact that the trial. The Missouri Supreme Court re- correct the misimpressions about this Supreme Court denied review means versed the trial court and determined issue that were unfortunately created little in this case. The Supreme Court that the services complained of by the on the Senate floor. often denies review on cases of first im- Board of Registration for the Healing Mr. President, I feel compelled to ad- pression to allow the lower courts to Arts did indeed fall within the legisla- dress some of the misperceptions I fear develop the law before it reviews and tive standard of ‘‘professional nursing’’ may have been created by my col- settles a question to get the benefit of and there were permissible. leagues in their comments about sev- broader thinking than a single court. It The nurses in question were per- eral aspects of Senator Ashcroft’s seems odd to criticize an Attorney forming services including breast and record with regard to his role in anti- General for trying to serve his client’s pelvic examinations, laboratory test- trust litigation against politically-mo- interest, but I guess the point of John ing of PAP smears, gonorrhea cultures, tivated boycotts and abortion when he Ashcroft’s critics is that results are and blood serology and providing infor- was an elected official in Missouri. what is important, and if your clients’ mation about contraceptives. The trial First, several of my colleagues have opponent is a group favored by liberal court, in ruling in favor of the Board, unfairly criticized Senator Ashcroft for politicians, serving their needs is more found, among other things, that the the lawsuit Senator Ashcroft filed important than serving your constitu- findings derived from pelvic examina- against the National Organization of ents and clients, in this case, citizens tions which the nurses performed to at- Women (NOW) when he was Attorney of Missouri, no matter what your nor- tempt to diagnose the existence or non- General of Missouri. In response to mal duty would be. That cannot be existence of contraindications to the February 1, 2001 CONGRESSIONAL RECORD — SENATE S981 use of contraceptives ‘‘require an indi- issues left unresolved by the Roe deci- The PRESIDING OFFICER. The vidual to draw upon education, judg- sion. The Supreme Court, in its Web- clerk will report the bill by title. ment and skill based upon knowledge ster decision, agreed that many of The assistant legislative clerk read and application of principles in addi- these provisions did not infringe on a as follows: tion to and beyond biological, physical, woman’s constitutional right to an A bill (S. 235) to provide for enhanced safe- social, and nursing sciences.’’ abortion. See Webster v. Reproductive ty, public awareness and environmental pro- Sermchief, 660 S.W.2d at 686. Health Services, et al., 492 U.S. 490, 522 tection in pipeline transportation, and for It was not unreasonable for the (1989). Throughout this legislative and other purposes. Board to argue that services that were judicial process, the State of Mis- Mr. LOTT. Mr. President, I now ask generally performed by physicians and souri—not simply Governor John for its second reading, and I object to required the ‘‘education, judgment and Ashcroft—followed established legal my own request. skill’’ beyond ‘‘nursing sciences.’’ In rules and procedures in their good faith The PRESIDING OFFICER. The ob- fact, at trial, many prominent physi- effort to balance the right to an abor- jection is heard. cians testified as such. The Supreme tion with the state’s interest in pro- The bill will be read the second time Court, however, ruled in favor of the tecting the health and safety of its on the next legislative day. plaintiffs, based upon the legislative citizens. While it may have asserted its Mr. LOTT. Mr. President, I should standard that was set at the time. The rights to appeal, the State of Missouri note that the purpose in taking this ac- court relied on the nurses’ professional and then-Governor Ashcroft always re- tion now is to get this legislation ready status to know what their limits were. spected the opinions and orders of the for consideration next week. Senator The Board, in bringing the case origi- court and the rules governing litiga- DASCHLE and I are trying to get in a nally, simply didn’t feel comfortable tion. The good faith use of the courts position to have the Zoellick nomina- relying on the knowledge of an indi- to decide legal issues is no basis on tion on Tuesday, the U.N. dues issue on vidual nurse as to what his or her lim- which to criticize Senator Ashcroft. Wednesday, and the pipeline safety leg- The PRESIDING OFFICER. The ma- its were. islation next week. These are all issues Any characterization of Senator jority leader. Mr. LOTT. Mr. President, is Senator we are all very familiar with that have Ashcroft’s actions as Missouri Attor- broad support. I believe we can do the EAHY going to speak? ney General as an effort to deny health L Mr. LEAHY. I yield to the distin- three of them next week without any services to rural or low income pa- guished majority leader. problem. tients, is at war with the facts. He was f the Attorney General, and he had an f obligation to defend the constitu- UNANIMOUS CONSENT AGREE- ORDERS FOR MONDAY, FEBRUARY tionality of the statute. That is what MENT—ZOELLICK NOMINATION 5, 2001, AND TUESDAY, FEB- RUARY 6, 2001 he did, and it was perfectly appro- Mr. LOTT. We have a couple of agree- priate. ments we have worked out we want to Mr. LOTT. I ask unanimous consent Finally, I would like to respond to get in place. that when the Senate completes its some criticism leveled at Senator Mr. President, I ask consent that im- business today, it adjourn until the Ashcroft for his support of pro-life leg- mediately following the reconvening of hour of 10 a.m. on Monday, February 5, islation while Governor of Missouri. the Senate on Tuesday at 2:15 p.m. the for a pro forma session only. No busi- Even ardent supporters of Roe v. Wade Senate proceed to executive session to ness will be transacted during Mon- must admit that the decision is not the consider the nomination of Robert day’s session. The Senate would imme- model of clarity. Moreover, it did not, Zoellick to be the U.S. Trade Rep- diately adjourn until 9:30 a.m. on Tues- contrary to what many special interest resentative, and if not reported at that day, February 6. I further ask consent groups claim, authorize abortion on de- time, the nomination be discharged that on Tuesday, immediately fol- mand. The decision, while establishing and the Senate proceed to its imme- lowing the prayer, the Journal of pro- a constitutional right to abortion, set diate consideration, and that there be ceedings be approved to date, the up a scheme that, in the words of Jus- up to 2 hours of debate, equally di- morning hour be deemed expired, the tice White, left the Supreme Court to vided, between the chairman and the time for the two leaders be reserved for serve as the country’s ‘‘ex officio med- ranking minority member of the Fi- their use later in the day, and the Sen- ical board with powers to approve or nance Committee. ate then proceed to a period of morning disapprove medical and operative prac- I further ask consent that at 4:15 on business until 12:30, to be divided in the tices and standards throughout the Tuesday the Senate proceed to vote on following fashion: Senator DASCHLE or United States.’’ Planned Parenthood of the confirmation, and following the his designee controlling the time be- Central Mo. v. Danforth, 428 U.S. 52, 99 confirmation, the motion to reconsider tween 9:30 and 11 a.m.; Senator be laid upon the table, the President be (1976). Thus, even after the Roe deci- HUTCHISON of Texas or her designee sion, there remained many unanswered immediately notified, and the Senate controlling the time between 11 a.m. resume legislative session. questions about the contours of this and 12:30. new constitutional right. These ques- The PRESIDING OFFICER. Without objection, it is so ordered. The PRESIDING OFFICER. Without tions included, for example, issues Mr. LOTT. Mr. President, I appre- objection, it is so ordered. about parental consent for minors, ciate the fact there is no objection. I Mr. REID. If I could ask for a modi- minimal standards for abortion clinics, believe this nominee will be confirmed fication, that Senator DORGAN control and whether public facilities or em- overwhelmingly, probably even unani- the time from 10:30 to 11 o’clock a.m. ployees can be used to perform abor- mously. There is a feeling by Senators on that date. tions. Many state legislatures—not on both sides of the aisle that this Mr. LOTT. I have no objection to just Missouri’s—sought to answer these trade issue is very important. This is that addition to the request. questions left unanswered by Roe. an important position. A number of The PRESIDING OFFICER. Without The statute passed by the Missouri Senators did want to be able to have an objection, it is so ordered. legislature and signed by then-Gov- opportunity to speak about our trade Mr. LOTT. I further ask consent that ernor Ashcroft in 1986 was one of these relations and our trade agreements the Senate stand in recess between the attempts to define the parameters of around the world. That is why it was hours of 12:30 and 2:15 in order for the the right to an abortion. Many abor- not completed this afternoon. I believe weekly caucuses to meet. tions-rights extremists forget that the it will be done in regular order on The PRESIDING OFFICER. Without Supreme Court, in its abortion cases, Tuesday. objection, it is so ordered. has consistently held that states have f f an interest in protecting the health and safety of its citizens and in reduc- MEASURE READ THE FIRST PROGRAM ing the incidence of abortions. The 1986 TIME—S. 235 Mr. LOTT. On Tuesday, following the Missouri statute sought to do just that, Mr. LOTT. I understand S. 235 is at weekly recess, at 2:15 we will proceed with 20 provisions covering various the desk, and I ask for its first reading. to the nomination of Robert Zoellick S982 CONGRESSIONAL RECORD — SENATE February 1, 2001 to be USTR for up to 2 hours. There- troversial nomination. Republicans, as This decision was made before any fore, a rollcall vote will occur at 4:15 on well as Democrats, came to the floor to hearing, before the nominee answered Tuesday on that nomination, by a pre- praise her record, but she was still not any question, written or oral, before vious consent. On Wednesday, the Sen- sworn in until mid-March. any background check or review of his ate is expected to consider the U.N. A better comparison would be to find record was ever begun, let alone com- dues bill. Therefore a vote or votes the last controversial nomination; that pleted. That is why some members of could occur, then, on Wednesday of was that of Attorney General Meese. the Judiciary Committee on the other next week relative to that legislation, He was first nominated in January 1984 side went so far as to argue that the and on Thursday with relation to the by President Reagan. He was finally committee need not hear testimony pipeline safety bill. considered by the Republican-con- from the public at all, and need not re- I yield the floor. trolled Senate in February 1985, 13 view the nominees’s required financial Mr. LEAHY. Mr. President, while my months after being nominated. Five disclosures, papers required of every friend from Mississippi is still here, I weeks ensued between his nomination nominee. ask unanimous consent, it is only a and his initial hearing. Most Democratic Senators, I am matter of a few minutes, that I still The nomination underwent 7 days of happy to say, declined to prejudge the have the full half hour that had been hearings, involved nearly 50 witnesses, matter. As chairman during the 17 days reserved under the previous order. under a Republican-controlled Senate, of the Judiciary Committee hearing, I Mr. LOTT. Are you making a request when he was Republican nominee by a expedited a balanced hearing to review or observation? popular Republican President. He was the nominee’s record and to hear peo- Mr. LEAHY. I make it as a request reported by the Judiciary Committee, ple from Missouri and others, pro and because the time that the distin- a Republican-controlled Judiciary con, on this important nomination. We guished leader took went into that Committee, by a 12–6 vote, not the less- had virtually an equal number for Sen- time. er margin of 10–8 by which the Ashcroft ator Ashcroft as against him—I think Mr. LOTT. I certainly would not ob- nomination was reported. actually one more for. But I believe ject to that. I do wish to speak briefly The Senate, with a Republican ma- that all Senators can be proud that our myself. I believe I would be in control jority leader, allowed 2 weeks between hearings focused on issues, not on the of the time after that. the committee vote and Senate consid- nominee’s personal life. We can also be Mr. LEAHY. In fact, I will add to eration—2 weeks, not the 17 hours we proud of the tone set during this debate that: In doing so, that it not impinge had on the Ashcroft nomination. The on the Senate floor. on the time reserved for the distin- Senate debated the Meese nomination But there is one big exception. I take guished majority leader. over 4 days, on February 19, 20, 21, and strong exception—in fact, the strongest The PRESIDING OFFICER. Without 23—not the day and a half devoted to terms I can think of in my 26 years in objection, it is so ordered. the Ashcroft nomination. Then, the Re- the Senate—to the characterization we The Senator from Vermont is recog- publican-controlled Senate voted 63–31 have heard about the issue of religion nized. to confirm Attorney General Meese. and this nomination. The Senate was Mr. LEAHY. Mr. President, as we get I believe those 31 negative votes were told that opponents of this nomination to the end of this debate, I think it is the most ever against an Attorney have implied that Christians have no wise if we look at some of the facts of General. Even as the very popular place in public life. If that charge was not on its face so the debate and not just the rhetoric. President Reagan was preparing to absolutely preposterous in this body, it We debated this matter virtually begin his second term, the nomination would have invited several hours of dis- nonstop from 10:30 yesterday morning of his Attorney General resulted in 7 cussion to set the record straight. It is until 8:10 yesterday evening. We did it days of Senate hearings, 4 days of Sen- such an untrue and inflammatory as- without intervening business. I do not ate debate, and 31 votes in opposition. sertion. think we had as much as 5 minutes ex- I mention this because there was some Needless to say, if that was the de- pended in quorum calls. For our side, suggestion that maybe some on this bate, it would be fair to speculate that this was certainly not a dilatory de- side held this up. This nomination was many, probably most of President bate but a substantive one. It was not handled a lot more rapidly done than Bush’s nominees are Christians and the politics of personal destruction, at the time of Attorney General Meese. confirmed by this body. All of his but the Senate exercising its constitu- The Senate is soon going to vote on nominees are confirmed. I know of tional responsibility to examine one of the nomination of John Ashcroft to be none planned, or who have been an- the most important nominations that Attorney General. I think it is safe to nounced by the distinguished leader as this President or any President could say that all of us in this body would ready for votes, who are not going to send to the Senate. like to be able to vote in favor of the be confirmed. If their religion has been Let’s go over the facts. The Senate next Attorney General. Those of us mentioned at all, it has been men- received the President’s nomination on who are going to vote no on this nomi- tioned to their credit. Monday afternoon of this week. The nation take no pleasure in doing so. Is it really necessary to point out Judiciary Committee debated this Frankly, I have heard many say—and I that men and women of Christian nomination on Tuesday afternoon the feel this myself—we wish the President faiths are plentiful in both parties in following day, and voted on it that had sent a different nomination for these very Halls of Congress? More to evening. We began the Senate debate this critical job. We wish, if he wished the point, there are good people, who yesterday morning, less than 48 hours to have our colleague, Senator are Christians, on both sides of the after receiving the nomination. We are Ashcroft in the Cabinet, that he had Ashcroft nomination, just as there are concluding it in less than 14 and one nominated him for a different position. good people, who are not Christians, on half hours of Senate debate. We are We wish the President had adhered to both sides of the Ashcroft nomination. voting up or down on this nomination the standard he set forth in his own in- In fact, the reason religion has come up this afternoon. augural address and that he had sent us during these confirmation proceedings I mention this because I have heard a nominee who would unite the coun- is not because of John Ashcroft’s reli- those who point to the nomination of try and have the utmost credibility gious beliefs, but because of concern the last Attorney General, Janet Reno, with the disaffected, dispossessed, and about the level of tolerance he may as some sort of model of speedy con- disenfranchised. show towards those with different reli- firmation. She was nominated after an We knew the nomination of Senator gious beliefs. That is why his visit to earlier nomination had hearings and Ashcroft had become a ‘‘done deal’’ and acceptance of an honorary degree was withdrawn. Her nomination was weeks ago. The Republican leadership from, and comments made during the not voted upon for a month after she reported that all 50 Republican Sen- hearings about Bob Jones University, was nominated. By comparison, we are ators would be voting in favor of this have been a legitimate concern to voting on John Ashcroft when his nom- nomination, and, of course, with the many. ination has been before us for only less Vice President they would be able to The relevance of Senator Ashcroft’s than three days. That was not a con- win. association with Bob Jones University February 1, 2001 CONGRESSIONAL RECORD — SENATE S983 is not about his own religious beliefs. nominee’s personal life—and this one Missouri. They were issues in his un- It is about what it says about Senator did not—but they are to examine his successful reelection campaign. Ashcroft’s sensitivity and tolerance to- past record and actions, to hear from The Kansas City Star noted in No- wards those whom that institution re- the nominee about how he views his vember 1999: gards in such negative ways, and treats prior positions and actions within the A lot of Missourians are still struggling to so differently. The policies of that in- perspective and wisdom that time understand why Sen. John Ashcroft took out stitution have been to bar African should bring. Ronnie White. Americans, to bar interracial dating, What I observed of this nominee at Rallies for Judge White were held in and to derogate Mormons and Catho- his hearings can be summed up in two downtown St. Louis. Local groups cir- lics as belonging to cults. words: No regrets. culated petitions calling for Senator That John Ashcroft does not seem to He had no regrets about the aggres- Ashcroft to ‘‘publicly retract’’ his com- fully understand the concern that this sive manner in which he litigated in ments in Southern Partisan. At least causes to many Americans is itself opposition to a voluntary desegrega- one Missouri municipality passed a res- troubling to so many. We have heard tion plan in St. Louis, or about the olution asking Senator Ashcroft to from some the term they have seemed missed opportunity to resolve that di- ‘‘cease the promotion of Jefferson to coin: ‘‘religious profiling.’’ I will say visive matter, about his use or his in- Davis’’ and other Confederate leaders it once again as clearly as I can. No volvement for political gain, or about in Southern Partisan, and they criti- Senator on either side of the aisle dur- the misleading testimony he initially cized his actions with respect to Judge ing these proceedings has sought to gave the committee about whether the White. apply any religious test to John State of Missouri was a party to the Another Missouri city council passed Ashcroft. No Senator has sought to tar litigation and had been found liable. a resolution asking Senator Ashcroft the nominee as a racist. Senator He had no regrets about vetoing two to apologize to Missouri residents for Ashcroft’s religious beliefs have not bills designed to ensure equal voting his comments in Southern Partisan. been a source of inquiry or concern for rights for African American voters in Yesterday, an old friend, a Repub- any member of the Judiciary Com- St. Louis. lican, contacted me to share a quote He had no regrets about appearing at mittee. from Reinhold Niebuhr: Notwithstanding, ironically enough, Bob Jones University, and he even tes- what Bob Jones University has said tified that he might return there after Man’s capacity for justice makes democ- racy possible; but man’s inclination to injus- about Catholics and Mormons—with being confirmed as Attorney General of tice makes democracy necessary. the two leaders of this committee the United States. being one a Catholic and the other a He certainly passed up the oppor- In this regard, I note that we heard often about John Ashcroft’s past elec- Mormon—both Senator HATCH and I tunity, as has been suggested, now that have said we have never once heard he knows so much about Bob Jones tion victories in Missouri. What has Senator Ashcroft take the position University, to take the honorary de- gone unmentioned is the fact that the that Bob Jones University has towards gree, put it in an envelope, and send it voters of Missouri registered a negative us or anybody of our religions. back. He had no regrets about granting judgment on the politics, policies, and This confirmation debate has not an interview to the Southern Partisan practices of John Ashcroft just last No- been about religious profiling. If any- and praising this neo-Confederate mag- vember. Not surprisingly, they are the thing, this is a nomination struggle azine and appearing to embrace its same issues that have arisen during his about issue profiling, and those issues point of view. confirmation debate. We heard during include the nominee’s record on civil One of the things that bothered me our hearings how African American rights and women’s rights, the rights of greatly is that he had no regrets about voters of Missouri had voted over- gay Americans, and voter registration. his treatment of Judge Ronnie White, whelmingly against him. Those supporting this nomination Ambassador James Hormel, Bill Lann John Ashcroft’s stubborn defense of argue that he should be confirmed be- Lee, Judge Margaret Morrow, or any of his past record and the fact he has no cause his religious devotion represents the other Presidential nominees he op- regrets over incidents that concern a special, unimpeachable level of integ- posed. many of his Missouri constituents and rity, and that his religion makes him Each of us has a duty to determine that now concern many Americans more likely to abide by his oath of of- how we exercise our constitutional does not instill confidence. On the con- fice. My view is that religion is neither duty of advise and consent. As I said at trary, to many it is a troubling signal. a qualification nor disqualification for the outset of this debate, strangely He lacks the sensitivities and balance public office. I hold deep religious be- enough—or perhaps not so strangely— we need in the Attorney General. We liefs. But as I told someone as I left the Constitution is silent on the stand- need an Attorney General who has the church this Sunday, this past Sunday: ard we should use in deciding how to trust and confidence of the American I would not expect anybody to vote ei- fulfill our advise and consent duty. people and who is dedicated to pro- ther for or against me because of my I have thought about this over the tecting the rights of all of us. religious beliefs. years, and I have come to the conclu- Remember, the Attorney General is I would expect them to vote for or sion that it is testament to the wisdom not the President’s lawyer. He has a against me because of my political be- of the framers because, in the end, White House counsel. The White House liefs. those who elect us have the final say in counsel is not required to come to the Indeed, article VI of the Constitution whether they approve of how we con- Senate for confirmation. The Attorney prohibits any religious test as a quali- ducted ourselves and, if they approve, General is there for all of us—black, fication for public office. I hope Sen- of how we exercised our constitutional white, rich, poor, Democrat, Repub- ator Ashcroft’s supporters are not urg- responsibilities. lican, no matter who we are. ing any form of such unconstitutional Some have argued that the issues The American people are entitled to test. that have arisen during this confirma- an Attorney General who is more than The issue is his public record, not his tion process have been generated out of just a friend to many of us in the Sen- religious faith. I and several others thin air by advocacy groups or by Sen- ate, as John Ashcroft is a friend, and have said how much we admire his ators who oppose this nomination. In who promises more than just the bare commitment to his family and his reli- fact, these are the same issues upon minimum, that he will enforce the law. gion. I consider those two of the most which the voters of Missouri based All Americans, whether they are part admirable qualities in our former col- their verdict on election day last No- of the 100 Members of a Senate club, no league. The issue, though, is how he vember, an election Senator Ashcroft matter what they may be, all Ameri- has fulfilled his public duties. lost. cans, the 280 million other Americans Senator BYRD posed the question yes- John Ashcroft’s actions toward Judge who do not serve here, are entitled to terday whether any man’s past can Ronnie White and his association with someone who will uphold the Constitu- withstand scrutiny. Confirmation hear- Southern Partisan magazine and Bob tion as interpreted by the Supreme ings should not be held to dissect a Jones University were hotly debated in Court, who will respect the Congress S984 CONGRESSIONAL RECORD — SENATE February 1, 2001 and the courts, who will abide by deci- gether, on both sides of the aisle, with Judge White. He is clearly an opponent of sions with which he disagrees, and en- the new President, and with all mem- law enforcement and does not deserve an ap- force the law for all people regardless bers of his Cabinet, and with the new pointment to the Federal Judiciary. His Attorney General, to start healing views and opinions are highly insulting to of politics. They are entitled to some- law enforcement, and we look forward to one whose past record demonstrates these wounds, to not just talk about working with you to defeat this nomination. that he or she knows how to exercise bringing us together, but to actually Respectfully, good judgment in wielding the enor- do it. PATRICK J. SULLIVAN, JR., mous discretionary power of the Attor- There are deep, deep concerns in the Sheriff. ney General. country about this nomination. I would MISSOURI SHERIFFS’ ASSOCIATION, I said before that we cannot judge suggest that every one of us—Repub- Jefferson City, MO, September 27, 1999. John Ashcroft’s heart, nor should we be lican and Democrat—have a long road Senator ORRIN HATCH, able to, but we can examine his record. ahead of us to bring those sides to- Chairman, Senate Judiciary Committee, Dirksen gether, but on that long road we also Senate Office Building, And running through that record are Washington, DC. disturbing recurrent themes: Dis- have the responsibility to take that DEAR SENATOR HATCH: Attached please find respect for Supreme Court precedents trip. a copy of the dissenting opinion rendered by with which he disagrees; grossly intem- I reserve the remainder of my time. Missouri Supreme Court Judge Ronnie White perate criticism of judges with whom Mr. BOND addressed the Chair. in the case State of Missouri, Respondent, v. The PRESIDING OFFICER. The Sen- he disagrees—the ‘‘ruffians in robes’’ James R. Johnson, Appellant. ator from Missouri. Also, please find attached a copy of a peti- comment—insensitivity and bad judg- Mr. BOND. Mr. President, I ask unan- tion signed by 92 law enforcement officers in ment on racial issues; and the use of imous consent to have printed in the Missouri, including 77 Missouri sheriffs. distortions, secret holds, and ambushes RECORD some materials that I believe In December 1991, James Johnson mur- to harm the careers of those whom he will be relevant to the consideration of dered Pam Jones, wife of Moniteau County Sheriff Kenny Jones. He shot Pam by am- opposes or for political gain. this nomination: a letter from the Na- I engaged in a colloquy yesterday bush, firing through the window of her home tional Sheriffs’ Association; a letter during a church function she was hosting. with the senior Senator from Virginia from the Missouri Sheriffs’ Associa- during this confirmation process. Sen- Johnson also killed Sheriff Charles Smith of tion; a written statement of Sheriff Cooper County, Deputy Les Roark of ator WARNER is a dear and valued Kenny Jones before the Committee on Moniteau County and Deputy Sandra Wilson friend. We have been friends for dec- the Judiciary; and testimony of U.S. of Miller County. He was convicted and sen- ades. He observed that he thought the Representative KENNY HULSHOF before tenced to death. When the case was appealed hearings and consideration by the Sen- the U.S. Senate Committee on the Ju- and reached the Missouri Supreme Court, ate will result in John Ashcroft being a diciary. Judge White voted to overturn the death stronger, more deeply committed pub- sentence of this man who murdered Mrs. There being no objection, the mate- Jones and three good law officers. lic servant. rial was ordered to be printed in the It is my fervent hope that John As per attached, the Missouri sheriffs RECORD, as follows: strongly encourage you to consider this dis- Ashcroft has come to understand the NATIONAL SHERIFFS’ ASSOCIATION, senting opinion in the nomination of Judge reasons that many of us are troubled Alexandria, VA, October 4, 1999. Ronnie White to be a U.S. District Court by his record and troubled by the man- Hon. JOHN ASHCROFT, judge. ner in which he responded to our con- U.S. Senate, Hart Senate Office Building, Sincerely, cerns at the nomination hearing. Washington, DC. JAMES L. VERMEERSCH, I hope Senator Ashcroft better appre- DEAR SENATOR ASHCROFT: I am writing to Executive Director. ciates the concerns of the significant ask you to join the National Sheriffs’ Asso- WRITTEN STATEMENT OF SHERIFF KENNY number of Americans who oppose this ciation (NSA) in opposing the nomination of Mr. Ronnie White to the Federal Judiciary. JONES BEFORE THE COMMITTEE ON THE JUDI- nomination. Public opinion polls show NSA strongly urges the United States Sen- CIARY, CONFIRMATION HEARINGS OF JOHN there are as many people opposed to ate to defeat this appointment. ASHCROFT, U.S. ATTORNEY GENERAL DES- the nomination as support it. For those As you know, Judge White is a controver- IGNATE, JANUARY 2001 who doubt the promise of American sial judge in Missouri while serving in the Senator Leahy, Senator Hatch, Members of justice—and, unfortunately, there are Missouri Supreme Court. He issued many the Judiciary Committee, I am honored and those in this country who do, for what- opinions that are offensive to law enforce- a little overwhelmed to be here today to tes- ever reason—this nomination has not ment; one on drug interdiction and one in- tify on the nomination of John Ashcroft to volving the death penalty. Judge White feels be Attorney General of the United States. inspired confidence in the man nomi- that drug interdiction is not a proper func- Mr. Chairman, my name is Kenny Jones nated to head the U.S. Department of tion of law enforcement. He wrongly reasons and I am the elected Sheriff of Moniteau Justice. that drug abuse is a private matter that County, Missouri, an office I have been privi- If John Ashcroft is to be confirmed, causes no public harm, and drug abusers leged to hold for the last sixteen years. For then he is going to have a lot of work should not be inconvenienced by interdiction those who may not know, Moniteau County to do to prove that the President’s efforts. We strongly disagree. Drug interdic- is a very small unusually quiet county in choice was a wise one, and that he will tion is a cornerstone in the fight against mid-Missouri with a population of approxi- be the people’s lawyer and defender of crime, and this reckless opinion undermines mately 13,000. We are a strong tight knit their rights—all the people. the rule of law. community in the heartland of America. We Additionally, Judge White wrote an out- believe in traditional values and we have a The country is sharply divided about rageous dissenting opinion in a death pen- deep faith. We are small town America at its this nomination, but so is the Senate. alty case. In 1991 Pam Jones, the wife of best. I wish the President had sent the Sen- Sheriff Kenny Jones of Moniteau, Missouri, As you know, much has been said about ate a nominee who would unite us and was gunned down while hosting a church John Ashcroft and his fitness for this office. not divide us, but that did not happen. service at home. The assailant, who was tar- I for one support his nomination and urge I hope the President knows—after geting the Sheriff, was tried and convicted of this Committee to support him as well. Last this debate, and after this divisive elec- murder in the first degree. He was subse- year, Senator Ashcroft was unjustly labeled tion—the task of bringing the Nation quently sentenced to death for Mrs. Jones’ for his opposition to the nomination of murder. During the appeals process, the case Judge Ronnie White to federal district court. together still lies ahead of us. I hope came before the Missouri Supreme Court This one event has wrongly called into ques- all of us will be able to help in that where six of the seven judges affirmed the tion his honor and integrity. Be assured that uniting. conviction and the sentence. Judge White Senator Ashcroft had no other reason that I I think nothing I will ever do in my was the court’s lone dissenter saying the as- know about, to oppose Judge White except life will mean as much to me as serving sailant had a tough childhood and was there- that I asked him too. I opposed Judge in the Senate. I have served with 280 or fore not accountable for the heinous crime White’s nomination to the federal bench and so Senators, who have all been people I he committed. In our view, this opinion I asked Senator Ashcroft to join me because have admired and respected. I hope alone disqualifies Judge White from service of Judge White’s opinion on a death penalty that after this nomination, and after in the Federal courts. He is irresponsible in case. his thinking, and his views against law en- In December 1991, James Johnson changed this battle—however the vote comes forcement are dangerous. the lives of many families in our small rural out; I expect I know how it will come We urge you in the strongest possible community. He held an elderly woman hos- out—then the Senate will work to- terms to actively oppose the nomination of tage, killed four people, and seriously February 1, 2001 CONGRESSIONAL RECORD — SENATE S985 wounded another. Johnson murdered in cold dren and went to Pam’s side. She died just a I fully support President-elect Bush’s deci- blood, the sheriff from a neighboring county, short time later. sion to nominate Senator John Ashcroft to two deputy sheriffs, and my wife, Pam Jones. James Johnson was tried, convicted and the position of Attorney General. His past For this, he was tried by a jury, convicted of sentenced to death by a jury in February service to the people of my home state of four counts of first degree murder, and sen- 1993. Every one of his appeals, including his Missouri as Attorney General, Governor and tenced to death. appeal before the Missouri Supreme Court, Senator give him the experience and knowl- To understand just how horrid this event is was denied. In the Missouri Supreme Court, edge to be an effective agent of justice for all and to comprehend the devastating impact all but one of the judges affirmed the deci- Americans. this crime has on my county, you need to un- sion of the lower court. The only dissent was I am not here today as a U.S. Representa- derstand the facts of that December night. It from Judge Ronnie White. In his opinion, tive from Missouri’s Ninth District. My ap- is easy to talk about dissenting opinions and Judge White urged that Johnson be given a pearance here is to share with you my legal maneuvering in this case and take the second chance at freedom. I cannot under- unique knowledge of the case of State of Mis- human tragedy out of it. But, that is a mis- stand his reasoning. I know that the four souri vs. James Johnson. take. This case is entirely about human people Johnson killed were not given a sec- From February of 1989 until January of tragedy and justice. Not a day goes by that ond chance. 1996, I served as a Special Prosecutor for the I don’t think about what James Johnson did When I learned that Judge White was Missouri Attorney General’s Office. In this to my family and my community. Can you picked by President Clinton to sit on the fed- capacity, my duties included the prosecution even imagine how it forever changed life in eral bench, I was outraged. Because of Judge of politically sensitive or difficult murder a small Missouri community? White’s dissenting opinion in the Johnson cases across the State of Missouri. I handled On the evening of December 9th, Deputy case, I felt he was unsuitable to be appointed cases in 53 Missouri counties and have tried Leslie Roark, was dispatched to the resi- for life to such an important and powerful and convicted violent criminals in more than dence of James Johnson on a domestic dis- position. During the Missouri Sheriffs’ Asso- 60 felony jury trials. In January, 1992, I was turbance call. After arriving on the scene ciation Annual Conference in 1999, I started assigned as co-counsel in the prosecution of and speaking with Johnson, his wife and his a petition drive among the sheriffs to oppose the Johnson case. stepdaughter, Deputy Roark apparently the nomination. The petition simply re- As you know, the Johnson case has taken ascertained they were all fine. He could not quested that consideration be given to Judge on national prominence, but not because it have been more wrong. As Deputy Roark White’s dissenting opinion in the Johnson involves a convicted cop killer. It has be- turned to leave, Johnson pulled a gun and case as a factor in his appointment to the come a focal point in this process due to the shot him in the back. My deputy fell face federal bench. Seventy-seven Missouri sher- strong disagreement that John Ashcroft and down, rolled over, and struggled to defend iffs, both Democrats and Republicans, signed some law enforcement groups had with Mis- the petition and it was available to anyone himself. Johnson then shot Les in the fore- souri Supreme Court Judge Ronnie White’s who asked. I have the petition with me and head at point-blank range. After shooting sole dissent on the appeal of this case. respectfully ask that it be made a part of the Leslie Roark, Johnson armed himself with You are measuring John Ashcroft’s ability record of this hearing. A copy was forwarded more weapons and drove to my house in to be the nation’s Attorney General by ex- to both Senator Bond and Senator Ashcroft. rural Moniteau County looking for me. I was amining his record. In the same manner, I also asked that the National Sheriffs’ Asso- not home. I had taken my two sons to their John Ashcroft measured Ronnie White’s abil- ciation support us in opposing Judge White’s 4-H Club meeting. My wife, Pam, and our two ity to be a federal jurist by scrutinizing his nomination. They willingly did so and I am daughter were home, however. They were record and published opinions—not his race grateful that they joined us and wrote a as some have charged. John Ashcroft has tes- hosting a Christmas party for a group of strong letter opposing Judge White’s nomi- local churchwomen and their children. Upon tified that he had serious reservations about nation. Judge White’s opinions regarding law en- arriving at my house, Johnson opened fire on While some would have you believe other- completely innocent people. He fired several forcement. wise, this is the only reason sheriffs opposed Let me share with you the facts of the shots through a bay window, hitting my wife the nomination of Judge White. We con- Johnson case: who was sitting with my daughter on a tacted Senator Ashcroft and urged him to In December of 1991, Moniteau County Dep- bench in front of the window. After the as- oppose this nomination as well. He agreed uty Sheriff Les Roark responded to a domes- sault on my home, Johnson went to the with our position, but unfortunately, his tic disturbance call at the home of James home of Deputy Russell Borts and shot him, view on Judge White’s nomination was mis- Johnson in rural Missouri. After assuring also through a window, as he was talking on represented in the press and misrepresented himself the domestic quarrel had ended, Dep- the telephone. Russ lives today with several to other members of the Senate. People al- uty Roark turned to return to his waiting injuries inflicted by Johnson. leged all sorts of reasons for the eventual de- patrol car. James Johnson whipped a .38 cal- During the attack on my family and Dep- feat of Judge White’s nomination. I can only iber pistol from his waistband of his pants uty Borts, a call for help went out and many speak for myself and can only testify to and fired twice at the retreating officer. officers from surrounding counties responded what I know to be true. I opposed Judge Johnson, realizing that Roark was clinking to my office. Sheriff Charles Smith, from White’s elevation to the federal bench solely valiantly to life, walked over to the fallen Cooper County personally responded to the because of his opinion in the Johnson case. officer and shot him again execution-style. call for help. What he did not know was that Johnson murdered my wife in cold blood. He He next negotiated the dozen or so miles to Johnson had moved down the block from the killed three close friends and colleagues and the home of Moniteau County Sheriff Kenny Borts residence and was laying-in-wait at my seriously wounded a fourth. Offering him a Jones. Peering through the window, he saw office. As Sheriff Smith was getting in his second chance as Judge White would do, is Pam Jones, the sheriff’s wife. She was lead- car, Johnson gunned him down in front of something that I will never understand. I ing her church women’s group in their the Moniteau County Sheriff’s Office. Just asked Senator Ashcroft to oppose the nomi- monthly prayer meeting in her family’s liv- moments later, Johnson shot and killed Offi- nation based on what I have shared with you ing room, her children at her knee. Using a cer Sandra Wilson who had driven in from here during this hearing. By opposing the .22 caliber rifle, Johnson fired multiple times Miller County responding to the call for nomination of Judge White, Senator through the window, hitting her five times. help. It is important to note that this coward Ashcroft did nothing more than properly ex- She was gunned down in cold blood in front never once confronted his victims fact to ercise Constitutional authority based on the of her family. face. Every single person he shot and killed information he had available. I hope this in- I wish I could tell you that the carnage was shot in the back. formation will correct the record and prove soon ended. Instead, James Johnson pro- Before Johnson was apprehended, he held that John Ashcroft did not act with an un- ceeded to the home of Deputy Sheriff Russell an elderly woman hostage until for some un- seemly intent. Borts. Displaying the methodical demeanor known reason, he released her. She escaped To deny John Ashcroft and reject his nom- of a calculating killer, Johnson shot Deputy and told the authorities where Johnson was ination to be Attorney General based solely Borts four times through a window as Borts hiding. A team of negotiators finally con- on his opposition to Judge White would be was being summoned for duty via telephone. vinced Johnson to surrender and he was wrong and a terrible loss for the country. I Miraculously, Borts survived. Cooper County taken into custody. hope my testimony today provides the infor- Sheriff Charles Smith and Miller County After dropping off my boys at 4-H, I found mation you seek to make a truly informed Deputy Sandra Wilson were not so fortunate. out that Les Roark had been shot. I went to decision on John Ashcroft. In my view, he They died in a hail of bullets when Johnson be with him while we waited for the Life will make a fine Attorney General and I hope ambushed them outside the sheriff’s office. Flight helicopter. While there, I received the that he will be confirmed. Thank you Mr. As a result of Johnson’s rampage, three call that would change my life forever. I was Chairman and I stand ready to answer your dedicated law enforcement officials were told of an emergency at my own house. I questions. dead, one was severely injured and Pam raced home. There I saw an ambulance in the Jones, a loving wife and mother, had been driveway and shocked people standing TESTIMONY OF U.S. REPRESENTATIVE KENNY slaughtered. around. My secretary, Helen Gross, told me HULSHOF BEFORE THE U.S. SENATE COM- Mr. Chairman, I wish to clarify a few of the that Pam had been shot and our daughters MITTEE ON JUDICIARY, JANUARY 18, 2001 points raised during yesterday’s hearing re- had been taken to a neighbor’s home. Pam I would like to thank Chairman LEAHY and garding the quality of James Johnson’s rep- was flown by helicopter to the University of Ranking Member HATCH for the opportunity resentation at trial. Mr. Johnson hired coun- Missouri Hospital. I gathered my four chil- to testify before this committee. sel of his own choosing. He chose a team of S986 CONGRESSIONAL RECORD — SENATE February 1, 2001 three experienced defense attorneys who pos- Reasonable minds can differ on John I note that others of my colleagues sessed substantial experience in litigation Ashcroft’s conclusion regarding Judge appear to have given the nomination and criminal law. The three litigants had White’s fitness as a federal jurist. These dif- full consideration and concluded, for tried a previous capital case together. ferences should be vigorously debated and their own substantive reasons, not to The record conclusively establishes that considered. That is the hallmark of our re- counsel launched a wide-ranging investiga- public. But branding a good man who has de- support this nomination. While I dis- tion in an effort to locate veterans who had voted his professional life to one of public agree with their final decision, I cer- served with the accused in Vietnam. Counsel service with the ugly slur of ‘‘racist without tainly cannot condemn their actions. hired and presented three nationally-re- justification or cause is intolerable. But I am deeply disturbed and dis- nowned mental health experts on the rel- I know John Ashcroft. He is an honorable appointed in some of the things done evant issue of posttraumatic stress disorder. man of high integrity and morals. His com- and said in the Judiciary Committee The evidence of guilt, however, was unas- mitment to his family, his state and his sailable. Based on the strength of a detailed and some of the remarks made on the country are beyond compare. His experience Senate floor. confession by the accused to law enforce- and public service make him very qualified ment officers, incriminating statements to to be the next Attorney General of the Over the past month, we have seen lay witnesses, eyewitness accounts to one of United States. You have his assurance that self-described spokesmen of various ac- the murders and circumstantial evidence, in- he will faithfully execute the law in a way tivist groups—groups that preach tol- cluding firearms identification, James John- consistent with the will of Congress, in ac- erance, diversity and religious free- son was convicted by a jury of four counts of cordance with the rulings of our judicial sys- dom—systematically display their in- murder in the first degree. The jury later tem and in a manner that protects the lib- tolerance, narrowness, and dogmatic unanimously recommended a sentence of erties of all Americans. death on each of the four counts. views, as they try to smear the record Again, I would like to thank Chairman After a lengthy post-conviction hearing on of the man who has been nominated to Leahy, Ranking Member Hatch and this dis- the adequacy of counsel, Circuit Judge tinguished panel for allowing me to testify. be the Attorney General of the United James A. Franklin, Jr. found that Johnson’s States. attorneys devoted a significant period of Mr. BOND. Mr. President, 28 years In fact, I think the words on this time and expense to his case, including a ago, I had the responsibility to appoint chart tell us all we need to know—this substantial attempt to develop and present a a State auditor for Missouri. Based mental defense. The court found as a matter is from the special interest groups of upon what I saw to be the promise in what they are doing—‘‘by any means of law that James Johnson received skilled John Ashcroft—his character, intel- representation throughout his trial. The case necessary.’’ ‘‘We’re going to spend was then automatically appealed to the Mis- ligence, and commitment to public whatever it takes.’’ These are the souri Supreme Court, where the convictions service—I selected him. words of the extreme liberal groups and sentences were upheld 4–1. Judge White’s For the past 28 years, I have had the that are out to sabotage John Ashcroft lone dissent focused on inadequate assist- honor and privilege to work with him and, incidentally, his nomination. The ance of counsel at trial. As I have stated and as he handled his duties in the best and purpose—search and destroy. the record indicates, this is clearly not the highest tradition of Missouri and of case. Like millions of Americans, I I have been deeply troubled during these this country. Many of my colleagues watched the Senate confirmation hear- confirmation proceedings by statements in- have also seen him during the last 6 ing to see both how my friend would do sinuating, overtly or otherwise, that John years, when he served with distinction in answering questions defending his Ashcroft is a racist. More to the point, there in the Senate. record but also to see how potential op- have been allegations made that John I know this man. Most of you in this ponents would handle their responsibil- Ashcroft’s rejection of Judge Ronnie White’s body know this man. He is a good man, ities. nomination to the federal district court was whose service reflects well on his racially motivated. As a Missourian, I am of- I, too, hoped for full and fair hear- fended by these baseless claims. friends, his family, our State of Mis- ings. It is my belief that members of this distin- souri, and on this great body. Two weeks ago, the American people guished panel and members of the entire Everything about John Ashcroft’s did not see a confirmation hearing. Senate take the constitutional role of ‘‘ad- record of public service and his per- They did not see the Senate Judiciary vice and consent’’ very seriously. It is an in- sonal integrity and character tells us Committee acquit itself in the best and tegral part of our system of checks and bal- that he will be faithful to the law. Ev- highest traditions of this fine body. ances. It is my humble opinion that no individual erything about John’s career also tells They did not see full and fair hearings. took that responsibility more seriously than us that he understands one thing above What they saw—pure and simple—was your former colleague, John Ashcroft. As all else: The promise contained in this an exercise in political theater of the evidence of that fact, I cite to you the Octo- Nation of laws can only be realized worst kind. ber 5, 1999, Congressional Record: when all the laws are properly en- I cannot begin to express my pro- ‘‘[Mr. Ashcroft] Confirming judges is seri- forced. found disappointment in how some of ous business. People we put into these Fed- Two weeks ago, I went before the Ju- eral judgeships are there for life, removed my colleagues handled their few days only with great difficulty, as evidenced by diciary Committee to ask that they in the majority—mishandled their days the fact that removals have been extremely judge John Ashcroft’s nomination to be to rise above the rancor. In the rare. There is enormous power on the Fed- Attorney General on the content of his Ashcroft hearing, there was an oppor- eral bench. Most of us have seen things hap- character, and reject the slime cam- tunity to set an example for us to fol- pen through judges that could never have paign then underway against him. low for the rest of this session. Instead gotten through the House and Senate. Alex- Today I must say I stand here pro- of rising to the occasion, too many ander Hamilton, in Federalist Paper No. 78, foundly disappointed so many failed to sank to the level of the interest groups, put it this way: ‘‘ ‘If [judges] should be disposed to exercise push away those whose only goal is to where only the shrillest survive. will instead of judgement, the consequence tear down and destroy. What we heard was a campaign de- would equally be the substitution of their However, let me add my sincere ap- signed to create a caricature, and to pleasure to that of the legislative body.’ preciation of the fact that some of our fan the grotesque charges of racism, ‘‘Alexander Hamilton, at the beginning of colleagues on the other side of the aisle bigotry, and so-called political oppor- this Nation, knew just how important it was have chosen to support this nomina- tunism—a campaign so out of control for us to look carefully at those who would tion, despite the strong political winds that 2 days of questions were not be nominated for and confirmed to serve as judges.’’ blowing against them, including clear- enough. An extra day of attack wit- Former Senator Ashcroft then elaborated cut threats of retaliation at the polls nesses, and hundreds of additional on the dissenting opinions by Judge White in for any vote in favor of John Ashcroft. questions—often asking the same ques- a series of criminal cases, including State of Senator RUSS FEINGOLD was coura- tions over and over again—were then Missouri v. James Johnson. He acknowl- geous in casting the lone Democratic submitted for the record. They even edged an outpouring of criticism levied vote in favor of the nominee in com- went so far as to ask for a ‘‘complete against Judge White’s nomination by re- mittee. My friends, Senator BYRD, Sen- discussion’’ of all conversations that spectable law enforcement groups. His ulti- mate rejection of Judge White’s nomination ator DODD, and others, have announced then-Senator Ashcroft had with Senate was based on his judgement and legal rea- on the floor they intend to support the leaders about any of the 1,600 Presi- soning. As you know, a majority of the Sen- nominee for reasons they gave. I com- dential nominations considered by the ate voted to reject the nominee. mend them and thank them for that. Senate during his term. February 1, 2001 CONGRESSIONAL RECORD — SENATE S987 That is an impossible task. Nobody children is one of the more misleading As Governor, I refused to support the can recall those. The reaction was that positions ever staked out on this floor. appropriation because it was the job of the answers were incomplete, when Since I cannot imagine that col- the Attorney General to handle legal they did not report all those conversa- leagues and critics would have one set matters that impact the state. But tions. Who of us could have done that of standards for John Ashcroft, and an- that statement by the state Treasurer, unless we had carried a tape recorder other for those in their own party, it is a Democrat and future Governor, in our pocket at all times. only fitting that we review the whole shows that John Ashcroft was clearly To the special interest groups who record of the day. in the mainstream and representing invented the term ‘‘Borking,’’ I had lit- In September of 1981, in response to the people of the state in a complicated tle expectation they could or would un- the controversial Eighth Circuit deci- and controversial legal matter. Unless derstand or embrace the terms of civil- sion, the current Minority Leader of of course Mel Carnahan was an extrem- ity and respect. So I expected that the House of Representatives, RICHARD ist too. The strong democratic opposi- false charges would be leveled—re- GEPHARDT, introduced a constitutional tion did not stop in the eighties but peated and repeated—in hopes that amendment to ban court ordered bus- continued right on through the ’98 elec- something would stick. But I had hopes ing to achieve racial integration. Con- tion cycle. In fact, the current Mis- that colleagues would resist those gressman GEPHARDT was also a sponsor souri Attorney General, Democrat Jay charges. Too often, they did not. of legislation to bar federal courts Nixon, made opposition to state in- What are those false charges? One of from mandating busing as a remedy for volvement in school desegregation a the false charges thrown against John segregated schools. In explaining his platform of his first campaign for At- Ashcroft was that he could not be en- legislation, the esteemed minority torney General, calling busing ‘‘a failed trusted to enforce laws with which he leader called busing for desegregation social experiment’’ that must end in personally disagrees. Now, Janet Reno ‘‘a total failure’’ and called the court- the State of Missouri. And he criticized opposed the death penalty, yet she was ordered busing program in the St. Ashcroft and Webster, the two previous trusted to follow the law. Now, 8 years Louis schools ‘‘an obscenity and a Attorneys Generals by stating ‘‘The re- later, why is it that with John crime against the youth of St. Louis.’’ publican team hasn’t been fighting the Ashcroft, a conservative and com- About the same time, again while Sen- battle against unfair desegregation mitted Christian, doubts are aired—and ator Ashcroft was Missouri Attorney payments; they’ve been losing it.’’ ‘‘We given credence—about his ability to en- General, Missouri Senator Tom Eagle- need new and better lawyers to win the force the law? ton, my predecessor, stated publicly case.’’ Some activists who claim to embrace that he ‘‘personally opposes court or- Upon taking office, Nixon filed suit and promote religious diversity and dered busing’’ and did not believe the to end state involvement in the St. tolerance seem unable to extend their St. Louis plan would work. While in Louis desegregation case and filed suit beliefs to a conservative Christian. I the Senate he fought the Department to overturn a court decision in Kansas thought we broke that barrier when of Health, Education and Welfare prac- City. Shortly after that he appealed John F. Kennedy became President and tice of denying funding to school dis- and fought the Kansas City plan all the we saw the obvious that he did not put tricts that do not have a school deseg- way to the United States Supreme his Catholic beliefs above the law of regation plan in place. Court. In St. Louis, he criticized the the land. And what of our colleague Beyond that, both Missouri State appointment of a well respected St. JOE LIEBERMAN, whose candidacy for Treasurers who served while John Louisan appointed to negotiate a set- Vice President and his public religious Ashcroft was Attorney General, both of tlement. He even filed suit on the eve utterances tore down even more bar- whom were Democrats, opposed the of the beginning of the school year to riers? Should religious diversity and court ordered desegregation. In fact, bar student participation in a St. Louis tolerance be extended only to some re- the second of those Treasurers, the late city-county transfer program. ligions and not others? What we see in Mel Carnahan, was highly critical of Former Congressman Bill Clay, in a this part of the smear campaign both Attorney General Ashcroft and letter to President Clinton, sharply against John Ashcroft is nothing less me for the handling for the desegrega- criticized the Democratic Attorney than religious bigotry. tion case. He was not critical of anyone General as ‘‘waging unremitting war- Second, we have seen the absolutely opposing the plan, rather he felt the fare’’ against the court orders which reckless charge that John Ashcroft op- Attorney General was not being ag- ‘‘provided educational opportunity for posed desegregation. Several Members gressive enough in the fight. In 1981, he many thousands of students in St. have attempted to use the long, tor- told UPI, ‘‘In my opinion, they have Louis’’. Nixon was also repeatedly tured and controversial school desegre- not staffed up and produced in this case criticized by the St. Louis chapter of gation cases in the State of Missouri to and that’s the reason we’re where we the NAACP for his efforts. In 1995, the color further their caricature of John are today on desegregation.’’ group said those efforts ‘‘will wipe out Ashcroft as insensitive and an extrem- And in 1983, as he was gearing up to the gains made by desegregation and ist. To do so, however, they have to ig- run for Governor, Treasurer Carnahan deprive city parents of opportunities nore the facts of the case, the various even took the unusual action of re- they now have to better their chil- tortured rulings, the victory in the questing a state appropriation so that dren’s education’’. The Kansas City Kansas City case, the fiduciary duty of the Treasurer’s office could join the Star said this Attorney General the Attorney General and the wide- case, initiating new litigation against ‘‘climbed over the backs of African spread opposition to the court-ordered the federal court order desegregating Americans’’ to advance his career. desegregation plan by the public and the St. Louis schools. The Treasurer Yet when this man wanted again to elected officials alike. said the desegregation payments rep- advance his political career, was the The truth of the matter is that the resented ‘‘burdensome demands on the Senator from Massachusetts con- desegregation cases were filed in St. taxpayers of the state.’’ He further demning his actions? Quite to the con- Louis and Kansas City in 1972, with stated ‘‘my staff and I have been in- trary, the Senator from Massachusetts Kansas City being litigated until 1995 tensely studying the financial prob- was actively promoting his political and the St. Louis case being litigated lems created for the State of Missouri career, even headlining a fund raiser until 1999. The lawsuits and the various by the court orders in the St. Louis de- for him here in Washington. Nor can I court orders have been opposed by segregation case. It is my intention to imagine the Senator labeling the posi- Democratic and Republican Governors, file additional actions or motions di- tions of Congressman GEPHARDT, Attorneys General and State Treas- rected to testing the issues of state li- former Senator Eagleton, and the late urers and the overwhelming majority ability for payments . . . I plan to use Governor Carnahan, whose campaign of Missourians for nearly three dec- outside counsel for a separate addi- the Senator from Massachusetts sup- ades. To single out John Ashcroft and tional effort to supplement and com- ported, as extreme. The hypocrisy to say his positions on the case and his plement the efforts of the Attorney could not be clearer. And leads us back work was that of an extremist insensi- General to reverse or modify the orders to those guiding principles of this en- tive to the needs of Missouri school as to state financial liability.’’ tire effort against John Ashcroft—by S988 CONGRESSIONAL RECORD — SENATE February 1, 2001 any means necessary, and spend what- torney General. So I am also very For me, this affirmative vote is not ever it takes. proud that a fellow Missourian will be- about politics; it is about potential and The third charge centers around his come the next Attorney General of the opportunity. If Senator Ashcroft is a handling of the nomination of Judge United States of America. But perhaps man of integrity—which he says he is Ronnie White. Much has been said most of all, I am proud to be able to and which I believe him to be—then he about this, but let me simply say that call John Ashcroft my friend. will uphold his constitutional duty, the emotional power and pain of the I yield the floor. prove his nay-sayers wrong, and work Johnson case remains as strong today Mr. NELSON of Nebraska. Mr. Presi- tirelessly to help ensure justice for all. as it was 10 years ago when the brutal dent, today I will vote to confirm Indeed, the stakes are high, but that is murders tore apart the lives of 4 fami- former Senator John Ashcroft as At- exactly where Senator Ashcroft has lies and their communities. torney General of the United States. put them. I look forward to working For all my colleagues who agreed The President of the United States has with him and to helping him keep his with Judge White’s reasoning that the constitutional authority to nomi- unequivocal promise to the American would have tossed out the conviction nate those individuals he thinks will people. and granted a new trial to the triple most ably advise him; therefore, I give Mr. SMITH of New Hampshire. Mr. cop-killer who also killed the sheriff’s President Bush latitude in choosing President, Senator Ashcroft has re- wife right in front of her 8 year old the members of his Cabinet. My role in ceived broad bipartisan support from a daughter; for those who agreed with his this process, as defined by the Con- number of organizations. I ask unani- lone dissent that Johnson’s lawyers stitution, is to give my advice and con- mous consent that a list of 332 organi- didn’t do a good enough job so he de- sent to the President on his nominees zations supporting Senator Ashcroft be serves a new trial—I would hope they for Cabinet positions. In keeping with placed in the RECORD. would channel their strong views and that duty, I want to present a clear ex- There being no objection, the Mate- weigh in with Missouri’s Governor in planation as to why I will vote to con- rial was ordered to be printed in the seeking a commutation of his death firm the President’s choice for Attor- RECORD, as follows: sentence. Johnson’s appeal to the U.S. ney General. 332 ORGANIZATIONS ENDORSING JOHN Supreme Court has been denied and he I have known John Ashcroft for well ASHCROFT FOR U.S. ATTORNEY GENERAL now sits on death row. I can certainly over 10 years. We both have had the (Compiled by the Free Congress Foundation) provide any of you the correct address honor to serve as the Chief Executive 48th Ward Regular Republican Organiza- of the Governor in Jefferson City. for our respective States. We were even tion (Chicago), 60 Plus Association, A Choice Finally the latest attempt to smear— colleagues for 2 years when our terms for Every Child, Adirondack Solidarity Alli- as Governor overlapped. I am familiar ance, Alabama Citizens for Life, Alabama so weak that’s it more of a smudge— Policy Institute, Alaska Catholic Defense was made by a democrat activist who with his philosophy and his viewpoints and though we do not see eye-to-eye on League, Alaska Right To Life, America’s claimed that 16 years ago John Survival, Inc., American Association of Ashcroft asked a legal but inappro- every issue I respect him as a person Christian Schools, American Association of priate question during a job interview. and consider him a friend. Pro-Life Obstetricians and Gynecologists, But before my statement is dismissed Quickly refuted by others present in American Center for Law and Justice, Amer- as a rubber stamp approval, let me be the interview this attempted smear ican Civil Rights Coalition, American Civil clear: My vote to confirm Senator Rights Union, American Conservative Union, fades from view, but again takes time Ashcroft is not without some concerns. American Council for Immigration Reform, and energy to respond to. And when all I am disappointed with his decision to American Decency Association, American one’s energy is spent knocking down accept an honorary degree from Bob Family Association, American Family Asso- ciation of Arkansas, American Family Asso- false charges it is hard to find the time Jones University, an institution that to talk about what you believe can be ciation of Colorado, American Family Asso- has become a national symbol for ra- ciation of Kentucky, American Family Asso- accomplished at the Justice Depart- cial and religious intolerance, without ment—which of course is what the peo- ciation of Michigan, American Family Asso- any acknowledgement or discussion let ciation of Mississippi, American Family As- ple of America are really interested in. alone repudiation of that school’s poli- sociation of New Jersey, American Family How will you do the job? What are your cies that were egregious. And secondly, Association of New York, American Family plans to improve the lives and opportu- his handling of the Judge White nomi- Defense Coalition, California Central Coast nities for all Americans? nation was considered by many of his Chapter. American Freedom Crusade, American Im- So where does all this leave us? Back former colleagues to have been unfair. where we started. migration Control, American Land Rights But these two instances, while trou- Association, American Policy Center, Amer- A conservative, pro-life, Christian bling, are not disqualifying. For me simply isn’t fit to serve according to ican Pro-Constitutional Association, Amer- this vote today is an affirmative vote ican Renewal, American Shareholders Asso- the litmus test of a bunch of left-wing as a prologue to the future rather than ciation, Americans for Ashcroft, Americans groups. And rather than admit it, the a reaction to the past. This is sup- for Military Readiness, Americans for Tax smokescreen of false charges must be ported by his pledge he made at his Reform, Americans for the Right to Life, used to justify their own intolerance. confirmation hearing to serve as Attor- Americans for Voluntary School Prayer, It is a sad day that we have come to Americans United for the Unity of Church ney General for ‘‘all the people.’’ and State, Arkansas Family Council, Asso- this. But through it all John Ashcroft I take Senator Ashcroft at his word has stayed firm. Firm in his belief that ciation of American Educators, Association when he says, and I quote, ‘‘I under- of American Physicians and Surgeons, Asso- in America our sense of fairness will stand that being Attorney General ciation of Christian Schools International, outweigh short term political gain. means enforcing the laws as they are Association of Concerned Taxpayers, Asso- Firm in his belief that while his written, not enforcing my own personal ciation of Maryland Families, Baptist Inter- attackers have been shameless and un- preferences. It means advancing the national Missions, Inc. relenting, that he should not, and will national interest, not advocating my Brass Roots, BrotherWatch, California Public Policy Foundation, California Repub- not respond in kind. personal interest.’’ Throughout his I am so proud of John Ashcroft. I am lican Assembly, Calvary Baptist Academy, confirmation hearing, Senator Campaign For California Families, Capital proud of his service to Missouri and the Ashcroft was unequivocal and unwaver- Research Center, Catholic Citizens of Illi- nation over the last 28 years. At each ing with respect to the manner in nois, Catholicvote.org, Center for Military level of responsibility, he not only ac- which he would serve, if elected, as At- Readiness, Center for Pro-Life Studies, Cen- quitted himself as a gentleman and torney General. ter for Reclaiming America, Center for the good American, but he did great work Additionally, yesterday I spoke to Study of Popular Culture, Christian Coali- on behalf of so many citizens. That is Senator Ashcroft and expressed my res- tion of Alabama, Christian Coalition of true of his terms as Missouri Attorney ervations and concerns. In that con- America, Christian Coalition of California, General. As Governor. And United Christian Coalition of Florida, Christian Co- versation, he reiterated his commit- alition of Georgia, Christian Coalition of States Senator. He is a fine man. He is ment to lead a professional and non- Maine, Christian Coalition of Montana, a gentleman. A good man of deep con- partisan Justice Department, and as- Christian Coalition of Ohio, Christian Coali- viction who will do great service on be- sured me of his intention to honor his tion of Rhode Island, Christian Schools of half of all Americans as our next At- pledge. Vermont, Christian Voice. February 1, 2001 CONGRESSIONAL RECORD — SENATE S989 Christus Medicus Foundation, Citizen Sol- erty Counsel, Life Action League of Massa- Christian Civic League of Maine, The Con- dier, Citizens Against Government Waste, chusetts, Life Advocacy Alliance, Life Coali- stitutional Coalition, ‘‘The Don Kroah Citizens Against Higher Taxes, Citizens tion International, Life Decisions Inter- Show’’ (WAVA Radio), The Family Council, Against Homicide, Citizens Against Repres- national, Life Issues Institute, Life Legal The Family Foundation, The Family Foun- sive Zoning, Citizens for a Sound Economy, Defense Foundation, Los Angeles Coalition dation (Kentucky), The Family Institute of Citizens for Community Values, Citizens for of Crime Victims Advocates, Louisiana Fam- Connecticut, The Federalist. Constitutional Property Rights, Citizens for ily Forum, Madison Project, Maine Right To The Greenfield, Tennessee Movement To Excellence in Education, Citizen for Law and Life Committee, Inc., Maryland Constitution Impeach Federal Judge John T. Nixon, The Order, Citizens for Less Government, Citi- Party, Maryland Taxpayers Association, National Center for Public Policy Research, zens for Traditional Values, Citizens United, Massachusetts Citizens for Life. The Niobrara Institute, The Patrick Henry CNP Action, Inc., Coalition for Better Com- Massachusetts Eagle Forum, Massachu- Center for Individual Liberty, The Strategic munity Standards, Coalition for Constitu- setts Family Institute, Medina County Policies Institute, Toward Tradition, Tradi- tional Liberties, Coalition for Local Sov- Christian Coalition, Memory Of Victims Ev- tion Family, Property, Inc., Traditional Val- ereignty, Coalition on Urban Renewal and erywhere, Michigan Decency Action Council, ues Coalition, U.S. Family Network, United Education, Coalitions for America, Colorado Michigan Family Forum, Minnesota Associa- Seniors Association, United Seniors Associa- Association of Christian Schools. tion of Christian Schools, Minnesota Chris- tion of Lee County, United States Justice Committee for a Republican Future, Con- tian Coalition, Minnesota Family Council, Foundation, U.S. Business and Industry cerned Citizens Opposed to Police States, Mississippi Family Council, Missouri Eagle Council, Utah Eagle Forum, Utah Repub- Concerned Women for America, Concerned Forum, MKL Associates, National Alliance lican Assembly, Victims and Friends United, Women for America of Colorado, Concerned Against Christian Discrimination, National Watchdogs Against Government Abuse, We Women for America of Kansas, Concerned Association of Christian Educators, National the People Congress, We the People Founda- Women for America of Mississippi, Con- Association of Korean Americans, National tion, Weld County Republicans, Well of Liv- cerned Women for America of New Jersey, Assoc. of Muslim American Women, National ing Water, West Virginians Against Govern- Concerned Women for America of North Center for Constitutional Studies, National ment Waste, Whatcom County Republican Carolina, Concerned Women for America of Center for Home Education, National Coali- Party, Wisconsin Information Network, Wis- N.E. Texas, Concerned Women for America of tion for the Protection of Children and Fam- consin State Sovereignty Coalition, Young S.E. Texas, Concerned Women for America of ilies, National District Attorneys Associa- America’s Foundation, Young Americans for Utah, Concerned Women for America of Vir- tion, National Federation of Republican As- Freedom. ginia, Connecticut Eagle Forum, Conserv- semblies, National Institute of Family and ative Caucus, Inc., Conservative Party of Life Advocates, National Law Enforcement Mr. CORZINE. Mr. President, I rise New York State, Conservative Party of On- Council, National Legal and Policy Center, in opposition to the nomination of tario County, New York, Conservative Vic- National Legal Foundation, National Lib- John Ashcroft to be Attorney General. tory Funds, Constitution Party of Vermont, erty Journal, National Organization for I have given a great deal of thought Coral Ridge Ministries, Coral Ridge Min- Women—Dulles Area, National Rifle Asso- to this nomination and have considered istries Media, Inc., Council of Conservative ciation, National Sheriffs’ Association, Na- it very seriously. As a new Senator, I Citizens, Inc., Crime Victims United of Cali- tional Tax Limitation Committee. did not serve with Senator Ashcroft, so fornia, Culture of Life Foundation, Cutting National Taxpayers Union, National I do not know him personally. How- Troopers Coalition, Neighborhood Research/ Edge—A Talk Show, Defenders of Property ever, I personally attended the nomina- Rights, Delaware Christian Coalition, Dela- Mountaintop Media, Nevada Eagle Forum, ware Home Education Association, D.T. Nevada Republican Assembly, New Hamp- tion hearings and listened carefully to Crime Victims Bureau. shire Right to Life, New Jersey Christian Co- the testimony. I also reviewed many of Eagle Forum, Eagle Forum of Alabama, alition, New Jersey Family Policy Council, the statements prepared by supporters Eagle Forum of Alaska, Eagle Forum of Ar- New York Eagle Forum, North Carolina and opponents of the nomination, and kansas, Eagle Forum of California, Eagle Christian School Association, North Caro- heard from a large number of my con- Forum of Georgia, Eagle Forum of Mis- lina Conservatives United, Northern Virginia stituents in New Jersey. sissippi, Eagle Forum of New Jersey, Eagle Republican Action Committee, Northwest After considering all the facts, I con- Forum of North Carolina, Eagle Forum of Legal Foundation, Oklahoma Council of cluded that Senator Ashcroft, while in Ohio, Eagle Forum of Oklahoma, Eagle Public Affairs, Oklahoma Family Policy Forum of Rhode Island, Eagle Forum of Council, Old Dominion Association of Church many ways a very fine and distin- South Carolina, Eagle Forum of Wisconsin, Schools, Open Door Baptist Church, Oper- guished public servant, simply is not Eastern Orthodox Women’s Council of Great- ation Rescue, Operation Save America, Orga- the right person for the job. Let me er Bridgeport, English First, Environmental nized Victims of Violent Crime, Orthodox take a few moments to explain my Conservation Organization, Erie Citizens Union, Parents in Control, Parents Request- thinking. Against Pornography, Evergreen Freedom ing Open Vaccine Education, Parents Rights In general, I believe that a Presi- Foundation, Families Allied for Intelligent Coalition of Massachusetts, Pennsylvania dent’s choice for a Cabinet position de- Reform of Education, Families and Friends Family Institute. serves deference. However, the position Pennsylvania Landowners Association, of Murder Victims, Family Association of of Attorney General deserves special Kentucky, Family First, Nebraska, Family Pennsylvania Republican Assembly, People Life Communications, Family Policy Net- Advancing Christian Education, Personal scrutiny. As head of the Justice De- work, Family Research Council, Family Re- Request, Project 21, Pro-Life Action League, partment, the Attorney General has search Forum of Wisconsin. Pro-Life America, Pro-Life Ohio, Property the unique responsibility to interpret Family Research Institute of Wisconsin, Rights Congress, Providence Foundation, Re- the law on behalf of the executive Family Taxpayers Network, Florida Eagle ligious Freedom Coalition, Republican Lib- branch, to investigate and prosecute Forum, Inc., Focus on the Family, Fraternal erty Caucus, Republican National Coalition suspected criminals, to uphold our civil Order of Police, Freedom Alliance, Friends for Life, Republican National Hispanic As- rights laws, to represent the govern- of Oregon, Georgia Report, Global Evan- sembly (Dallas County), Republican Plat- gelism Television, Government Is Not God— form Committee, Republicans Against Por- ment before the Supreme Court PAC, Graham Williams Group, Granite State nography, Right To Life of Cincinnati, Save through the Office of the Solicitor Gen- Taxpayers, Guardians of Education for America’s Youth, Second Amendment Sis- eral, and to manage immigration, Maine, Hawaii Christian Coalition, ters, Small Business Survival Committee, among many other critically impor- Heritageridge Church and School, Home Edu- South Dakota Family Policy Council, South tant responsibilities. In addition, the cation Radio Network, Home School Legal Dakota Shooting Sports Association, South- Attorney General, while serving the Defense Assoc., Human Life Alliance, Illinois ern Baptist Convention, Sovereignty Inter- President, also must maintain a degree Assoc. of Christian Schools, Illinois Citizens national, Speaking the Truth in Love Min- of independence from politics, so that for Life, Illinois Right to Life Committee, istries, St. John County Private Property Independent Women’s Forum, Indiana Eagle Rights Group. he or she can pursue wrongdoing with- Forum, Information Radio Network, Insti- Taxpaying Adults, Teen-Aid, Inc., Ten- in the government. The Attorney Gen- tute for Justice, Int’l. Assoc. of Chiefs of Po- nessee Association of Christian Schools, Ten- eral is the people’s lawyer. For all lice, Iowa Family Policy Center, Islamic In- nessee Eagle Forum, Tennessee Republican these reasons, it is imperative that the stitute Foundation. Assembly, Texas Eagle Forum, Texas Home Attorney General be an individual not Justice Against Crime, Justice for Murder School Coalition, Texas Journal, Texas Pub- only of unquestioned personal integ- Victims, Kansas Conservative Union, Kansas lic Policy Foundation, The Alliance for Tra- rity, but someone who will be broadly Eagle Forum, Kansas for Life, Kansas Tax- ditional Marriage and Values, The American payers Network, KBRT AM 740 (Costa Mesa, Family Policy Institute, The American Pis- perceived as administering justice and CA), KFLR Radio (Phoenix, AZ), Landmark tol and Rifle Association of Vermont, The enforcing the law fairly and impar- Legal Foundation, Landowners Assoc. of Armstrong Foundation, The Center for Ari- tially for all people. North Dakota, Law Enforcement Alliance of zona Policy, The Center for Equal Oppor- Unfortunately, after examining Sen- America, League of American Families, Lib- tunity, The Center for Security Policy, The ator Ashcroft’s record, I have serious S990 CONGRESSIONAL RECORD — SENATE February 1, 2001 concerns about whether as Attorney ical views. This, in my view, disquali- During last week’s hearing, Senator Ken- General he would be able to set aside fies him for a position as Attorney nedy accused John Ashcroft of fighting de- his long-standing and strongly held General, for which fairness, objectivity segregation and voter registration. Even for the U.S. Senate, the message wasn’t subtle: views and perform his duties in a fully and balance are perhaps the most im- John Ashcroft’s America would also be one objective, fair and impartial manner. portant qualities. In a period in our na- of segregated lunch counters. This is the I base this conclusion on several tion’s history in which we need to same John Ashcroft who appointed more Af- prior instances in which Senator come together after a divisive election, rican American judges than any other gov- Ashcroft’s view of the law and the facts I believe it would be a mistake to se- ernor in Missouri. The same John Ashcroft seem to have been heavily biased and lect an Attorney General whose tend- who signed the Martin Luther King holiday colored by his ideology. Perhaps most ency to view the law ideologically into law. The same John Ashcroft who ap- importantly, in 1997, he led the opposi- could aggravate our nation’s divisions. pointed the first black judge to that state’s court of appeals. And the same John tion to Judge White of the Missouri Su- For all these reasons, I oppose this Ashcroft who signed the first Missouri hate- preme Court by making a series of ac- nomination. crimes law as governor, and then voted for 26 cusations that were inaccurate. For ex- Mr. HUTCHINSON. Mr. President, I out of 28 African American judicial nominees ample, he claimed that Judge White ask unanimous consent that the fol- as a U.S. Senator. opposed the death penalty and believed lowing editorial that appeared last John Ashcroft seems to have failed at that ‘‘it apparently is unimportant . . . week in the Arkansas Democrat-Ga- being a racist as completely as Ted Kennedy how clear the evidence of guilt.’’ This zette regarding the nomination of Sen- has at being a civil leader of the opposition. ator John Ashcroft to be the next At- To quote a former Democratic senator, Bob was very unfair, as Judge White voted Kerry: ‘‘I think John Ashcroft is colorblind. to affirm death sentences in the vast torney General appear in the CONGRES- That’s one of the good things that comes majority of cases that had come before SIONAL RECORD. from his religious belief.’’ But being color- him, and had unequivocally assured the There being no objection, the mate- blind is the worst things you can be in Ted Judiciary Committee that he was pre- rial was ordered to be printed in the Kennedy’s America. If you dare embrace pared to impose the death penalty. In RECORD, as follows: Martin Luther King’s dream—that one day fact, in the case that Senator Ashcroft [From the Arkansas Democrat-Gazette, Jan. all Americans will be judged not by the color of their skin but by the content of their used to criticize Judge White, the 23, 2001] TED KENNEDY’S AMERICA—THE NEW character—you’re a racist. Judge’s decision was based not on op- John Ashcroft learned this the hard way MCCARTHYISM position to the death penalty, but on a after he opposed His Honor Ronnie White’s reasoned analysis of serious constitu- Is anybody surprised that the senator who appointment to the federal bench in 1999. He made Bork a verb is looking for ways to de- made the mistake of judging the nominee’s tional problems that he believed had rail John Ashcroft’s confirmation as attor- prevented the defendant from receiving record without considering the color of his ney general? And Ted Kennedy knows just skin. He felt Judge White had dissented from a fair trial. This was a clear example of how to do it: Talk it to death. He says he one too many death sentences. It was a clash Senator Ashcroft’s ideology coloring may lead a filibuster against the nominee. of philosophy, not a racial preference. his interpretation of the facts. It’d be an historic first—and an historic low. But in Ted Kennedy’s America, race is a Senator Ashcroft’s strong ideological Ted Kennedy has a way of being first, and philosophy. His is a country where Colin approach also seemed to skew his views low. The first to get to a party, the first to Powell is tarred as an Uncle Tom, and Bill abandon a car submerged under water with a in the case of Bill Lann Lee, a nominee Clinton is hailed as Our First Black Presi- young lady still in it, the first to leave the dent. ‘‘In my view,’’ Ted Kennedy declared, to head the Civil Rights Division of the scene of an accident. Some of us remember ‘‘what happened to you is the ugliest thing Department of Justice. Senator another of Mr. Kennedy’s firsts: His classic that’s happened to any nominee in all my War of the Worlds performance during the Ashcroft said he voted again Lee be- years in the United States Senate.’’ He Senate’s hearing on Robert Bork’s nomina- cause of ‘‘serious concerns about his wasn’t addressing Robert Bork, but Ronnie tion to the Supreme Court. In the 1930s willingness to enforce’’ a Supreme White. Court decision limiting preferences for Orson Welles reported an invasion from There are times when the irony is so thick Mars; Ted Kennedy imagines an invasion minority companies in awarding gov- in Washington, it becomes farce. Please note from the neolithic Right. that Ted Kennedy voted against Clarence ernment contracts, and the Senator Speaking in the well of the Senate, he en- adopted a highly restrictive interpreta- Thomas, a conservative who still managed to visioned Robert Bork’s America as one where become a justice of Supreme Court of the tion of that decision, challenging Mr. ‘‘Women would be forced into back-alley United States. Nobody insinuated that Sen- Lee’s interpretations of the Court’s in- abortions, blacks would sit at segregated ator Kennedy based his vote on Clarence structions and guidance. However, this lunch counters, rogue police would break Thomas’ race, which happens to be African challenge appears to have been based down citizens’ doors in midnight raids.’’ It American. He voted against Justice Thomas all made 1984 look kind of warm and homey. because he opposed the conservative jurist’s on Senator Ashcroft’s own ideological The intensity of the fight over Robert philosophy, which he had every right to do. opposition to affirmative action, not Bork’s confirmation, and the acrimony it the law or the Court’s direction. But he won’t recognize the same good faith sparked, didn’t come without warning. It in John Ashcroft. In another case, when he served as was billed in advance as a battle of virgin For all the talk of the New Civility in attorney general of Missouri, Senator ideologies—the far, far left versus the far, far Washington, we’re back to the old incivil- Ashcroft sought to invalidate a State right, each side too pure to give quarter to ities. The politics of personal destruction? law that authorized nurses to engage in the other. It hardly surprised that ultra-lib- We have sunk even lower—to the politics of various practices, including the dis- eral Ted Kennedy would come out swinging national division. It wouldn’t be the first pensing of contraceptives. Senator against ultra-conservative Robert Bork. time: Joe McCarthy, like Ted Kennedy, was What surprised—and appalled—was the sen- Ashcroft, a strong opponent of abor- an aimless demagogue who drank a lot. ator’s neo-McCarthyisms. What was disturbing was not the man but tion, argued that this was unconstitu- In Ted Kennedy’s America, you no longer the -ism. It allowed Joe McCarthy to be seen tional. Yet there was no constitutional ruin people’s character by calling them Com- as the representative of the American way, authority for this position, and it was munists. You call them racists. Or just rather than a freakish exception. The junior rejected by the Missouri Supreme imply it. Robert Bork was morphed from a senator for Wisconsin was a political acci- Court on a unanimous vote. Again, respected, if very conservative, judge to a dent who never had the sense of purpose to Senator Ashcroft’s strongly held ideo- kind of American Nazi. Ted Kennedy and be really dangerous. In the end, the clumsy hysterical company had no more evidence of logical views had skewed his views of oaf sabotaged the Right, not the Left. He Judge Bork’s racism than Joe McCarthy had made anti-communism, not communism, the law and led to a highly subjective the goods on George Marshall. But that’s the suspect. and biased conclusion with little objec- strategy of the witch-hunter: Indict first, Now the McCarthyites of the Left was tive merit. then the other guy has to prove he’s not poised to do the same dubious service for These are just a few of many exam- guilty—that he’s stopped beating his wife. their political persuasion. The more ples in which Senator Ashcroft dem- It’s called shifting the burden of proof. hysterical they sound, and the more out- onstrated an inability to move beyond Ted Kennedy isn’t waving a list of Com- landish their accusations, the more credi- his own views and reach a fair, objec- munists in the State Department, la Ma- bility they will lose. John Ashcroft’s case is chine Gunner Joe, but a list of racists in the not the exception, but part of the trend. Re- tive and balanced conclusion about the next Cabinet. At the top is one John member the campaign ads that tried to asso- merits of a legal position. If history is Ashcroft, former attorney general, governor, ciate George W. Bush with the lynching of any guide, his enforcement of the law and United States senator from Missouri. James Byrd? The Democratic Party has will be seriously biased by his ideolog- And seg, if you can believe Ted Kennedy. found its Red Scare. Or white scare. February 1, 2001 CONGRESSIONAL RECORD — SENATE S991 The party of Abraham Lincoln was to be The call of conscience must super- cially among our nation’s youth. Na- re-cast as the party of George Wallace and sede all others. It is the only reliable tionwide, meth use increased 60% be- Orval Faubus (who happened to be Demo- anchor in the tempestuous sea of pub- tween 1992 and 1999 among America’s crats, but never mind). And Ted Kenndy now high school seniors. Unfortunately, the emerges as the new Joe McCarthy, sniffing lic life. out any opportunity to paint a political op- In casting this vote, I do so knowing story is much bleaker in our rural com- ponent as a racist. His victims, like John that John Ashcroft will likely be con- munities. In my own State of Wyo- Ashcroft, are left to prove that they aren’t. firmed. I wish him every success. I ming, methamphetamine investiga- Where are the Margaret Chase Smiths and hope he will take these votes of dissent tions increased 600% between 1992 and Dwight Eisenhowers of the Democratic as they are intended: not as acts of 1998. Like all illegal drug abuse, meth Party? The kind of people who will put coun- spite or recrimination, but as pleas for abuse tears at the very fabric of soci- try above party, and distance themselves healing and harmony. ety by destroying families, increasing from the demagogues? Don’t look for any be- fore 2002. While I must withhold my vote on his violent crime, and dashing the dreams The Democrats are on the verge of taking confirmation, I pledge my support on and promise of all too many of our na- back Congress—if they can just scare enough all matters that he and the President tion’s youth. people. Joe McCarthy would understand. pursue in the interest of a more just While the battle against meth use Mrs. CARNAHAN. Mr. President, en- and peaceful nation. and trafficking is primarily a State re- circling the Great Seal of the State of Mr. ENZI. Mr. President, I rise today sponsibility, there is a role for the fed- Missouri are the words ‘‘United We in support of the confirmation of my eral government by supplying re- Stand; Divided We Fall.’’ It is a motto friend and former colleague, Senator sources for law enforcement training, that has guided our people well over John Ashcroft, to be Attorney General meth lab cleanup, and education and the last 180 years. of the United States. As a man of the prevention programs to help parents In that same spirit, President Bush, highest integrity, experience, and abil- and teachers teach children the dan- at the onset of this new century, has ity, Senator Ashcroft is uniquely quali- gers of meth. Senator Ashcroft was a declared that he wants to be ‘‘uniter fied to serve as our nation’s premier true leader in recognizing and fur- not a divider.’’ law enforcement officer and the admin- thering a limited, focused role for the I am deeply encouraged, for I want to istrator of one of the federal govern- Federal Government in the battle join with him and the Congress to ment’s largest agencies. against methamphetamine use and reach across the chasm of our political Senator Ashcroft’s qualifications for trafficking. In 1999, Senator Ashcroft differences to do some hard work for the position of Attorney General have introduced legislation to combat this the American people. been well documented on the floor and problem. While I knew that Missouri Within the Senate, we have already I only need mention them in passing: had faced many of the same problems reached out in a spirit of bi-partisan- law professor, State auditor, two-term faced in Wyoming, I was truly im- ship in structuring our committees. So Attorney General, two-term Governor, pressed with Senator Ashcroft’s under- far I have had the opportunity to vote and United States Senator from the standing of the meth problem and will- in favor of all of the President’s Cabi- State of Missouri. Such a record of ingness to listen to the problems facing net nominees. public service spanning such a period of law enforcement in other states. Before This was the beginning of a concilia- years demonstrates the great trust and introducing his legislation, Senator tory course—a fragile alliance—but, admiration the people of Missouri have Ashcroft and his staff made a par- nonetheless, one that I believe must placed in Senator Ashcroft over nearly ticular effort to understand the prob- mark any real progress in the 107th 30 years. lems facing law enforcement personnel Congress. What has impressed me about Sen- in Wyoming and incorporated our sug- But I do not believe that the nomina- ator John Ashcroft’s record is not only gestions in Senator Ashcroft’s legisla- tion of John Ashcroft furthers the con- the length of public service, but the tion to help address these problems. I ciliatory tone that President Bush has breadth of this experience as well. have to say that Senator Ashcroft’s set. There is no doubt that the ideal can- deep understanding of the greatest Senator Ashcroft has a long record of didate for the position of attorney gen- crime issue facing our State of Wyo- public service—a record that I brought eral is someone who has a good grasp of to the attention of the Judiciary Com- ming and his experience as a problem the law and a true dedication to en- mittee when I introduced him. But in solver both as Governor of Missouri the end, I must determine if that force that law. However, the job entails and United States Senator give me record makes him suitable to be the a great deal more than that. In fact, great encouragement that he will work United States Attorney General. the attorney general needs to be a good with the Congress to address the needs Had Senator Ashcroft been nomi- manager to oversee the 125,000 employ- of all states, not just those with large nated for any other Cabinet post, I ees of the Department of Justice in de- urban areas. could have easily supported him. His partments as diverse as the Immigra- I must say that Senator Ashcroft’s credentials or faith are not in dispute tion and Naturalization Service, the understanding and appreciation for the here, nor should they ever be. Rather, Federal Bureau of Investigation, and issues involved in the area of rural it is the conflict that his words and the Federal Bureau of Prisons. Senator crime stands in stark contrast with my deeds have generated throughout his Ashcroft’s sixteen years as an execu- experience with the previous Adminis- public career. tive in Missouri, first as State attorney tration. Law enforcement officials in Given the sweeping discretionary general and then as Governor, have my State have all too often been given power of this position, I do not believe made him uniquely qualified to man- the run around by the Department of that the office of Attorney General of age one of the largest federal agencies. Justice and the Office of National Drug the United States is the right job for Moreover, his service with us in the Control Policy when they have at- Senator Ashcroft. United States Senate and his involve- tempted to pursue additional funding When asked by my colleagues about ment on the Senate Judiciary Com- programs or when they have attempted this nomination, I urged them to ig- mittee have prepared him to work to include additional Wyoming coun- nore their personal relationships and closely with Congress in enforcement ties to the list of High Intensity Drug political considerations. Instead, I and development of Federal law. Trafficking Areas. In fact, in one con- called on them to vote their con- In addition to Senator Ashcroft’s re- versation, an employee at the ONDCP science. I must do the same. markable credentials to serve as told a top law enforcement officer in Regrettably, I am unable to provide United States Attorney General for all Wyoming that they didn’t have anyone my consent for this nomination. Americans, I would like to remark on at the department that could approve I am compelled by principles and be- his particular interest and experience new HIDTAs! I found that somewhat liefs I shared with my husband for over in the crime issues facing rural com- astonishing given that is one of the forty years in public life, including the munities. As many of my colleagues very purposes of the office of the Drug belief that we should do all in our know, in the past several years rural Czar. Given his track record in the power to bring people together rather America has witnessed an explosion in State of Missouri and in the United than drive them apart. illegal methamphetamine use, espe- States Senate, I have every confidence S992 CONGRESSIONAL RECORD — SENATE February 1, 2001 that a Justice Department headed by tinue to elect John Ashcroft to posi- tion and injustice as the law demands. John Ashcroft will pursue a coordi- tions of public trust, but his fellow Successfully defending the rights of nated approach with the Office of Na- State attorneys general and his fellow every citizen ultimately depends upon tional Drug Control Policy and other governors elected him in turn president the wide discretion an Attorney Gen- agencies to help eliminate the red tape of their respective organizations. Keep eral exercises to initiate investiga- and ensure that our law enforcement in mind that these organizations are tions, establish Task Forces and pros- personnel in rural states are receiving bi-partisan and represent members ecute wrongdoers. the resources they need to keep our from a wide spectrum of political and After reading Senator Ashcroft’s re- communities safe and drug free. philosophical views. The fact that the sponse to the questions I submitted to- We have heard a great deal of acri- State attorneys general and the State gether with his testimony before the mony from some of the far-left interest governors would choose John Ashcroft Senate Judiciary Committee, I am rea- groups over the nomination of Senator to head their organizations is evidence sonably confident he is prepared to Ashcroft. Evidently these groups are of the trust and respect that his col- react to crime and injustice when it oc- intent in destroying Senator Ashcroft’s leagues had for his integrity, his abil- curs. I am not convinced, however, that reputation even if they are unsuccess- ity, and his willingness to fairly and he is prepared to do any more when ful in derailing his confirmation. The faithfully enforce the laws as he found called upon to enforce a law with which attacks by these organizations are en- them. This record stands in stark con- he passionately disagrees. His convic- tirely unfounded and seem more de- trast to the revisionist history that has tions are deeply held and he has fought signed to raise funds for the particular been spread in the media by groups op- stubbornly for them in the past. I truly interest groups than to find the truth posed to Senator Ashcroft’s nomina- doubt that he can set them aside so about our former colleague. tion. easily now. I must say that one of the charges I have known Senator Ashcroft both I must tell you that I am deeply that has been most disturbing to me is as a colleague and a friend. He is a moved by the constitutional role I am the insinuation that Senator Ashcroft thoughtful and honorable public serv- called upon to perform today. Passing will not faithfully enforce the laws of ant who has served the people of Mis- judgement on a former colleague is ex- the United States because he is a de- souri and the United States with dis- tremely difficult and not a part of our voted Christian. Not only are such tinction for nearly thirty years. He is normal responsibilities. I respect Sen- charges entirely unfounded, but they dedicated to consistently and fairly up- ator Ashcroft as a former colleague and smack of a religious bigotry of the holding and enforcing the Constitution someone I know to be deeply com- most dangerous Kind. Such bigotry is and laws of the United States. I have mitted to his religious teachings and nothing new, but is should be con- every confidence that Senator Ashcroft the causes he champions. Also, I would demned in any age in which it raises will bring dignity and integrity to the like to add that I would gladly support its ugly head. One no less than George office of the Attorney General as he his confirmation to any other Cabinet Washington warned against the efforts has to the numerous positions of public post. in his own day to banish religion from trust he has filled in the past. I urge In the end, though, I have concluded the public square. In his farewell ad- my colleagues to join my voting to it is his deeply held beliefs over issues dress of September 29, 1796, President confirm Senator Ashcroft as Attorney that fall directly under the jurisdiction Washington remarked: General. of the Justice Department that will Of all the dispositions and habits which Mrs. LINCOLN. Mr. President, if impede his ability to do this job—to en- lead to political prosperity, Religion and mo- there is one thing I have learned about force the law without bias or favor to- rality are indispensable supports. In vain working in Washington is that we must ward anyone; to vigorously fight dis- would that man claim the tribute of Patriot- learn to respect and recognize our dif- crimination and its painful legacy and ism, who should labor to subvert these great ferences. I certainly expect a new to defend the constitutional rights he Pillars of human happiness, these firmest President to select Cabinet nominees has fought so zealously to overturn in props of the duties of Men and citizens. who share his basic beliefs and ide- the past. Ironically, his passionate ad- We should pay heed to the words of ology. I have thus far voted to confirm vocacy that inspires respect in me and our first president and disavow any ef- every nominee that President Bush has others is what, in my opinion, makes fort to banish Senator Ashcroft, or any submitted to the Senate since he took Senator Ashcroft the wrong man for other public servant, from public life office—even those who hold positions this job. because of his or her religious beliefs. on important issues that are different For the benefit of my constituents The founders were well aware of the from my own. In fact, it is fair to say who hold passionate views on both dangers inherent in applying religious that I have been generally pleased with sides of this issue and for my col- tests to the holding of public office. the talented and dedicated public serv- leagues listening today, I would like to That is why they included a specific ants President Bush has chosen to lead take a few moments to highlight some prohibition to any such practice in Ar- this Administration. of the factors I considered when mak- ticle six of the Constitution where they While the President retains the Con- ing my decision. said ‘‘no religious Test shall ever be re- stitutional authority to appoint his I must confess, Mr. President, when I quired as a Qualification to any Office Cabinet, I also take very seriously my reviewed the history of Senator or public Trust under the United Constitutional responsibility as a Sen- Ashcroft’s involvement in an effort to States’’. Rather than ask that Senators ator to provide advice and consent on desegregate public schools in St. Louis, apply an explicit test such as that pro- his appointments. Our role in the con- I was surprised and troubled by what I hibited in Article six, the far-left spe- firmation process isn’t to afix a rubber read. According to testimony presented cial interest groups that oppose Sen- stamp on presumptive nominees, espe- at his confirmation hearing, Senator ator Ashcroft’s nomination have cially for a position as important as Ashcroft, in his capacity as Attorney turned instead to rumor and innuendo this. Unlike other Cabinet posts, Mr. General of Missouri, engaged in an ex- to imply that anyone who has strong President, the Attorney General is re- traordinary legal campaign that religious beliefs such as those held by sponsible for representing and defend- spanned several years to block imple- Senator Ashcroft is incapable of en- ing the rights and constitutional free- mentation of a voluntary school inte- forcing federal laws with which he doms of every American. I believe this gration plan in St. Louis. During the might not be in total agreement. position requires someone who under- course of this litigation, Senator Nor surprisingly, these groups have stands and appreciates that not every Ashcroft initiated numerous challenges not brought forth any specific exam- American is born with equal access to and appeals that were firmly and re- ples where Senator Ashcroft failed to the opportunities and blessings that peatedly rejected by the courts. In- enforce the laws when he served as at- make our nation great. stead of accepting the decisions ren- torney general or governor of the State In my opinion, to fulfill the duties dered, he pursued a course of action of Missouri. Instead, all the evidence with which the Attorney General is en- that drew judicial criticism and, in one seems to point to the contrary. Not trusted, the nominee must be pro-ac- instance, a threat of contempt for fail- only did the people of Missouri con- tive in his pursuit against discrimina- ure to comply with a court order. February 1, 2001 CONGRESSIONAL RECORD — SENATE S993 I believe it is one thing to vigorously should not sit on the federal bench, I must always take our advice and consent re- assert your legal rights in a court of seriously question the manner in which sponsibilities seriously because they are law. Its something else, however, for a he acted to defeat his nomination. Now among the most sacred. But I think most state’s top law enforcement official to that we have all had time to review a Senators will agree that the standard we apply in the case of executive branch ap- display such a cavalier attitude toward more complete and balanced report of pointments is not as stringent as that for ju- the judicial branch of government. I Judge White’s record, I am confident dicial nominees. The President should get to know the issue of racial integration in the Senate would not make the same pick his own team. Unless the nominee is in- public education can ignite powerful mistake again. In fact, Senator competent or some other major ethical or in- emotions. I was a young elementary Ashcroft has received the same kind of vestigative problem arises in the course of school student when Helena public deference and fair treatment that I our carrying out our duties, then the Presi- schools in Arkansas were integrated. wish he had shown Judge White. dent gets the benefit of the doubt. There is This was not an easy transition at the I was taught at an early age that no doubt about this nominee’s qualifications time and it certainly left a powerful or integrity. This is not a lifetime appoint- public service is a high calling and a ment to the judicial branch of government. and positive impression on me that I noble profession. In accordance with President Clinton should be given latitude in shall never forget. So I know that hon- that belief, it is essential that we in naming executive branch appointees, people est people can disagree passionately the Senate discharge our responsibility to whom he will turn for advice. I should about this issue and I don’t question to consider nominations in a manner also note that his nomination went through the personal views Senator Ashcroft that encourages the most talented and the Judiciary Committee—by no means a may have on this matter generally. I qualified individuals to seek employ- rubberstamp—unanimously. do, however, question the judgement he ment in the public sector. I am con- The recent debate over Walter Dellinger is another instance of people putting politics exercised as a public official in this fident that the Senate fell short of that over substance. Yes, he has advised and spo- case. standard in this case. ken out about high-profile constitutional As a Senator from a state that expe- Taken together—the battle waged issues of the day. I would hope that an ac- riences difficulty in recruiting physi- over desegregation in St. Louis, the at- complished legal scholar would not shrink cians and other qualified medical pro- tempts to stop nurses from providing away from public positions on controversial fessionals to work in rural commu- basic medical services to underserved issues, as it appears his opponents would pre- nities, I was also concerned by actions patients and the decision to defeat the fer. One can question Professor Dellinger’s Senator Ashcroft took as Attorney nomination of a qualified nominee who positions and beliefs, but not his competence and legal abilities. General to restrict access to medical deserved better—these instances and care in under served communities. Ac- other facts in the record lead me to This is the standard that is tradition- cording to the record, Senator Ashcroft conclude that Senator Ashcroft will ally applied and it is the proper stand- issued an opinion as Attorney General further divide our country on these ard. While acknowledging that presi- of Missouri and later intervened in a sensitive issues. dents are ordinarily entitled to def- court case to prohibit qualified nurses I encourage the President to consider erence in the selections for their cabi- with advanced training from providing another nominee who will help him net, in the nomination of John necessary and routine gynecological heal these wounds, not open them Ashcroft critics argue that they are services to underprivileged female pa- anew. In the alternative, I hope our justified in applying a tougher stand- tients at clinics in Missouri. The med- new President will work to heal the ard for confirmation because of the ical services at issue included con- wounds inflicted by this nomination on standard that Senator Ashcroft alleg- ducting breast and pelvic examina- the Senate, the Presidency and our na- edly used in evaluating Bill Lann Lee tions, performing PAP smears and pro- tion so that we can move forward to to head the Civil Rights Division of the viding information about effective con- address the problems of all Americans Department of Justice. In considering traceptive practices. Furthermore, the in a bipartisan way. Bill Lann Lee, Senator Ashcroft had health clinics involved were located in Mr. KYL. Mr. President, I rise in said that Lee was ‘‘an advocate who is counties in which there was not a sin- strong support of the nomination of willing to pursue an objective and to gle physician who would accept Med- John Ashcroft to be the U.S. Attorney carry it with the kind of intensity that icaid eligible patients for pre-natal General. belongs to advocacy, but not with the care or childbirth. Senator Ashcroft has superb legal kind of balance that belongs to admin- Senator Ashcroft put the weight of qualifications. He was educated at Yale istration . . . his pursuit of specific his office behind an effort to declare and the prestigious University of Chi- objectives that are important to him the gynecological services at issue in cago law school. While in the U.S. Sen- limit his capacity to have the balanced this case outside the scope of practice ate, he served on the Judiciary Com- view of making the judgments that will for professional nurses in Missouri. mittee and chaired its Subcommittee be necessary for the person who runs Thankfully, for the female patients on the Constitution. [the Civil Rights] Division.’’ who depend on qualified medical pro- Senator Ashcroft is also the most ex- Some Democrats say that because fessionals who aren’t physicians to de- perienced nominee for U.S. Attorney John Ashcroft applied this ‘‘standard’’ liver necessary care, that claim was re- General in American history. He served to Bill Lann Lee, they are justified in jected in a unanimous ruling by the as Missouri’s attorney general, its gov- applying the same standard to John Missouri Supreme Court. ernor, and, of course, one of its U.S. Ashcroft. First, this is not a standard, I am concerned about access to care Senators. Since the founding of the na- but a conclusion about Lee based upon because, after growing up in East Ar- tion, none of the previous 66 Attorneys his record and testimony. Second, what kansas, I am well aware of the obsta- General had his level of experience. Senator Ashcroft did on the Lee nomi- cles women face in obtaining the spe- Opponents have offered a number of nation was justified. Senator cialized medical care they need. While reasons for their opposition. I would Ashcroft’s concerns with Bill Lann Lee I respect the right of each state to es- like to take this opportunity to re- were based on Lee’s long record of ac- tablish their own standards of medical spond. tivism as a public interest lawyer. Re- practice, I think that by going to court First, what should the standard for publicans on the Judiciary Committee against the nurses of his state, Senator confirmation be? The general rule for opposed Lee’s nomination because they Ashcroft displayed a relevant degree of confirmation of Justice Department were justly concerned about his will- insensitivity on a critical issue to the nominees was well-stated by Senator ingness to enforce the law as stated in persons most affected in this case. LEAHY in connection with President Justice O’Connor’s opinion for the Su- I must tell you I’m still deeply dis- Clinton’s nomination of Walter preme Court in Adarand. In Adarand, appointed by the way this body treated Dellinger to be head of the Office of the Supreme Court held that all gov- Judge Ronnie White. In my opinion, Legal Counsel at the Department of ernmental racial classifications were Judge White is a decent, honorable Justice: subject to strict scrutiny—that is, they man who deserved much better. Even The Senate has a responsibility to advise must be narrowly tailored to serve a though I believe Senator Ashcroft is and consent on Department of Justice and compelling government interest. Mr. sincere in his belief that Judge White other executive branch nominations. And we Lee repeatedly stated the standard for S994 CONGRESSIONAL RECORD — SENATE February 1, 2001 racial preferences in less strict terms. tinued to aggressively litigate, John legal analysis. For example, in Attor- He also found that only one of the 150 Ashcroft has shown no sign that he will ney General Opinion No. 5, issued on current federal programs involving ra- continue to legislate. He did not do so October 22, 1982, 1981 WL 154492, Mo. cial classifications would be invalid as Missouri Attorney General, and he A.G., John Ashcroft opined that the under Adarand. would not do so as U.S. Attorney Gen- Missouri Division of Health should not Senator Ashcroft explained why he eral. In fact, John Ashcroft has repeat- release to the public information from opposed Bill Lann Lee’s nomination— edly stated that he will enforce the reports it maintains on the number of he was concerned that Mr. Lee would law—yet this reassurance has failed to abortions performed by particular hos- not enforce the law. Senator Ashcroft satisfy his critics. It’s a Catch-22. He pitals. He stated that the legislature testified: ‘‘I joined with eight other Re- has, like every nominee, said he will made clear its intent that such reports publicans on the Senate Judiciary uphold the law; and no one has ever ‘‘shall be confidential and shall be used Committee in opposing Bill Lee’s nom- questioned his integrity. But when only for statistical purposes’’ and even ination to be assistant attorney gen- John Ashcroft pledges to uphold the made failure to maintain confiden- eral because I had serious concerns law, critics say that this is a ‘‘new’’ tiality a misdemeanor. John Ashcroft about his willingness to enforce the John Ashcroft, that he has flipped and opined that, for these reasons, and to Adarand decision . . . [Mr. Lee] was an is not credible. What they are saying is protect the patient-physician privilege excellent litigant, but I had concerns that he cannot satisfy them whatever as recognized by Missouri law, access that he viewed the Adarand decision as he says. John Ashcroft knows the dif- to the health data maintained by the an obstacle rather than as a way in ference between being a legislator and Division was subject to review only by which the law was defined. Adarand being an executive. He is a man of in- local, state or national public health held that government programs that tegrity. He should be taken at his officers. establish racial preferences based on word. He cannot prove a negative—that Additionally, in Attorney General race are subject to strict scrutiny, that he won’t fail to do his job. To hold him Opinion No. 127, issued on September is the highest level of scrutiny under to that standard is to ask of him the 23, 1980, 1980 WL 115450 Mo. A.G., John Ashcroft was asked to opine on wheth- the Supreme Court’s equal protection impossible. Senators have the right to er a death certificate was required for clause. Adarand was a landmark deci- vote on any grounds they like; but they all abortions, regardless of the age of sion, it was substantial, it was impor- should not shroud their vote in a sham the fetus. Despite his personal view tant. Mr. Lee did not indicate a clear standard. that life begins at conception, he stat- willingness to enforce the law based on An example of setting up an impos- ed that Missouri statutes did not re- that decision.’’ sible standard is the view by some Senator Ashcroft’s concerns about that, because Senator Ashcroft opposes quire any type of certificate if the Bill Lann Lee proved to be well-found- abortion he cannot by definition en- fetus was 20 weeks or less. After 20 weeks Missouri statutes specifically re- ed. For example, in 1998, a federal force laws such as the Freedom of Ac- quire a ‘‘certificate of stillbirth’’ re- judge, a Carter-appointee, assessed an cess to Clinic Entrances law—the fed- gardless of whether death was by nat- unprecedented $1.8 million attorney fee eral criminal statute that punishes ural causes such as a miscarriage or an award against the Civil Rights Division those who commit acts of criminal in- timidation or violence at abortion clin- intentional act such as an abortion. for a lawsuit against the City of Tor- It is also worth noting that Senator rance, California. The judge found the ics. There is no logic to this position. Ashcroft voted for Senator SCHUMER’s Senator Ashcroft’s opposition to abor- suit ‘‘frivolous, unreasonable and with- amendment to the bankruptcy bill that tion does not mean that he supports out foundation.’’ The Division then made debts incurred as a result of abor- violations of the law prohibiting vio- turned around and filed a similar suit tion clinic violence non-dischargeable lence at clinics. Indeed, Senator in Texas defending the constitu- in bankruptcy. tionality of contracting preferences on Ashcroft supports the freedom of ac- Finally, it is important to note that the basis of race and sex. Mr. Lee also cess to clinic entrances law and stated Senator Ashcroft has a strong record continued to unlawfully coerce state in his written answers that he ‘‘will on women’s issues, contrary to what and local governments to adopt race fully enforce FACE.’’ This reinforces some have charged. As governor, he and sex preferences by threatening the view that he has previously ex- signed a rape shield law that made in- costly lawsuits based on dubious em- pressed. For example, long before he admissible evidence of the victim’s ployment statistics. had any idea he would ever be nomi- past sexual conduct. He also signed a Moreover, under Mr. Lee, the Civil nated for attorney general, Senator law recognizing battered woman’s syn- Rights Division continued the legal Ashcroft wrote that, regardless of his drome as a defense in criminal cases. challenge to Proposition 209, a measure personal views on abortion, people As Missouri attorney general, he took that prohibited government discrimi- should be able to enter abortion clinics a broad view on allowing domestic vio- nation of Californians on the basis of safely: ‘‘I believe people should be able lence funds to be used by non-profits to race, gender, or national origin. These to enter legal abortion clinics safely. I establish a network of ‘‘safe homes.’’ suits continued despite the fact that oppose unlawfully barricading or other- As Senator, John Ashcroft co-spon- Proposition 209 has repeatedly been wise curtailing access to legal abortion sored the Violence Against Women Act. upheld by federal courts. clinics. I condemn violence regarding Third, opponents express concern It is also important to note that Bill this issue by individuals either in favor that Senator Ashcroft does not favor Lann Lee had never held an executive of or against abortion.’’ Quoted from a stricter gun control and previously op- position—or any position—in the gov- May 15, 1996 letter to George Sorenson posed some measures that are now law. ernment, whereas Senator Ashcroft of St. Clair Shores, MI. As a result, they conclude he will not served as attorney general of Missouri Senator Ashcroft opposes criminal enforce the gun control laws. Some for eight years and as governor for violence at abortion clinics and be- people may be so pinched in their opin- eight years. He had distinguished ten- lieves people who commit these acts of ions that they could not distinguish be- ures in both offices. In fact, he served violence and intimidation should be tween these two circumstances. Not as President of the National Associa- punished. As Attorney General he’ll do John Ashcroft. tion of Attorneys General and as Chair- just that. It is irrational for critics to As a former state attorney general man of the National Governors Asso- vote against him in the belief that and president of the National Associa- ciation and Chairman of the Education merely because he opposes abortion the tion of Attorneys General, Senator Commission of the States. won’t enforce the freedom of access to Ashcroft knows how important it is to In sum, Senator Ashcroft had serious clinic entrances law. enforce gun laws vigorously. Unfortu- reasons for concern with the Lee nomi- While he cannot prove a negative, he nately, the Clinton Justice Department nation, and his concern was borne out. can point to past situations that belie has failed to make gun prosecutions a In contrast, Senator Ashcroft has not the assertion that he won’t properly priority. Between 1992 and 1998, pros- waffled, redefined, or otherwise given apply the law. As Missouri Attorney ecutions of criminals who use a gun to reason to believe that he would not General, John Ashcroft did not let his commit a felony dropped nearly 50 per- apply the law as it is. While Lee con- personal opinion on abortion cloud his cent from 7,045 to 3,765. Senator February 1, 2001 CONGRESSIONAL RECORD — SENATE S995 Ashcroft was one of the leaders in the sing, plus $3 billion, left Kansas City John Ashcroft has been deeply com- Senate in directing the Justice Depart- and St. Louis with schools that con- mitted to promoting equal access to ment to increase the prosecution of sistently rate among the poorest in the government positions during his tenure gun crimes. He sponsored legislation to nation in reading and math skills.’’ To as both Attorney General and Governor authorize $50 million to hire additional oppose a particular court order is not, of Missouri. Witnesses testifying at the federal prosecutors and law enforce- as some critics have said, to ‘‘relent- hearing made this commitment clear. ment officers to increase the federal lessly oppose school desegregation.’’ Mr. Jerry Hunter, former labor sec- prosecution of criminals who use guns. That characterization is unfair, even retary of Missouri, testified that, Additionally, Senator Ashcroft spon- slanderous. ‘‘Like President-elect George W. Bush, sored legislation to require a five-year Another point that critics often raise Senator Ashcroft followed a policy of mandatory minimum prison sentence is the fact that Senator Ashcroft spoke affirmative access and inclusiveness for federal gun crimes and for legisla- at Bob Jones University. The con- during his service to the state of Mis- tion to encourage schools to expel stu- troversy over the Bob Jones University souri as attorney general, his two dents who bring guns to school. speech has been put to rest. At his con- terms as governor, and his one term in Moreover, in the Senate, John firmation hearings, Senator Ashcroft the United States Senate. During the Ashcroft had a strong record in fight- made it clear that he ‘‘reject[s] any ra- eight years that Senator Ashcroft was ing gun crimes. Last Congress, for ex- cial intolerance or religious intoler- attorney general for the state of Mis- ample, Senator Ashcroft authored leg- ance that has been associated with[,] or souri, he recruited and hired minority islation to prohibit juveniles from pos- is associated with[,]’’ Bob Jones Uni- lawyers. During his tenure as governor, sessing assault weapons and high-ca- versity. Senator Ashcroft explained he appointed blacks to numerous pacity ammunition clips. The Senate that ‘‘[he] want[s] to make it very boards and commissions...[B]ut I overwhelmingly passed the Ashcroft clear that [he] reject[s] racial and reli- would say to you on a personal note, legislation in May 1999. gious intolerance.’’ He said he does not Senator Ashcroft went out of his way Senator Ashcroft voted for legisla- endorse any bigoted views by virtue of to find African-Americans to consider ‘‘having made an appearance in any tion that prohibits any person con- for appointments.’’ victed of even misdemeanor acts of do- faith or any congregation.’’ He said, for Mr. Hunter further elaborated that, mestic violence from possessing a fire- example, that he has visited churches When Governor Ashcroft’s term ended in arm, for legislation to extend the which do not ‘‘allow women in certain January of 1993, he had appointed more Afri- Brady Act to prohibit persons who roles,’’ and that he does not endorse can-Americans to state court judgeships commit violent crimes as juveniles that view, either. than any previous governor in the history of from possessing firearms, for the ‘‘Gun- In the matter of the role faith plays the state of Missouri. Governor Ashcroft was Free Schools Zone Act’’ that prohibits in our public life, there appears to be a also bipartisan in his appointment of state the possession of a firearm in a school double standard. Senator LIEBERMAN court judges. He appointed Republicans, zone, and for legislation to require gun made numerous speeches connecting Democrats and independents. One of Gov- ernor Ashcroft’s black appointees in St. dealers to offer child safety locks and God to American government when he was running for Vice President last Louis was appointed, notwithstanding the other gun safety devices for sale. Sen- fact that he was not a Republican and that ator Ashcroft also voted for legislation year. In fact, during a campaign speech he was on a panel with a well-known white to close the so-called ‘‘gun show loop- in a church in Detroit, he said he hoped Republican. Of the nine panels of nominees hole.’’ This bill required mandatory in- his candidacy ‘‘will enable all people for state court judgeships, which included at stant background checks for all fire- . . . to talk about their faith and about least one African-American, Governor arm purchases at gun shows. their religion, and I hope it will rein- Ashcroft appointed eight black judges from Senator Ashcroft will uphold the na- force a belief that I feel as strongly as those panels. tion’s laws on firearms. anything else—that there must be a Congressman J.C. WATTS testified: Fourth, critics question Senator place for faith in American public I’ve worked with [John Ashcroft] on legis- Ashcroft’s record or civil rights. They life.’’ [Newsweek 9/11/00] I share in that lation concerning poor communities, under- often begin by raising the issue of de- hope. Sadly, critics of John Ashcroft, served communities. I have always found segregation litigation in Missouri. Sen- who almost universally supported Sen- John Ashcroft to have nothing but the ut- most respect and dignity for one’s skin color. ator Ashcroft did defend the state of ator LIEBERMAN, apply a different standard on this issue to John I heard John say yesterday in some of his Missouri as state attorney general in a testimony that his faith requires him to re- long-running school-desegregation Ashcroft. spect one’s skin color. And I think that’s the case. Every Missouri attorney general During his career, Senator Ashcroft way it should be . . . [I]n my dealings with since 1980, including Jay Nixon, John has compiled an outstanding record of John, I have had nothing but the utmost re- Ashcroft’s Democratic successor, protecting the rights of all people. As spect for him when it comes to his dealings backed the state’s (and Ashcroft’s) po- governor, Fortune named him one of with people of different skin color. sition. According to an article in Na- the top 10 education governors in the Judge David Mason, who worked with tional Review, the attorneys general in nation. John Ashcroft was an inclusive Ashcroft in the Missouri Attorney Gen- Missouri, governor, signing into law Missouri’s eral’s office stated, fought the orders because they were un- first hate-crimes statute and state hol- As time went on, I begin to get a real feel just, saddling innocent parties with exorbi- iday that recognizes Dr. Martin Luther for this man and where his heart is. When tant costs. They fought the orders because King’s birthday. He nominated the first the subject of Martin Luther King Day came they were unpopular, not only with their vic- woman to the Missouri Supreme Court. up, I was there. And I recall that he issued tims, but with their beneficiaries. A leit- John Ashcroft’s work on behalf of the executive order to establish the first motif of the desegregation was the persistent minorities earned him a commendation King Day, rather than wait for the legisla- splintering of minority groups from the from the Mound City Association, an ture to do it. Because, as you may recall, ‘‘class action’’ litigants, whose one-size-fits- African-American Bar Association of some of you, when Congress passed the holi- all remedies ran roughshod over the aspira- day, they passed it at a time when the Mis- St. Louis, and a campaign endorsement souri legislature may not have been able to tions of parents for their children. . . . In from the Limelight Newspaper, the Missouri, 400 other public-school districts have the first holiday contemporaneously suffered cutbacks so that a handful of attor- largest African-American newspaper in with it. So he passed a King holiday by exec- neys for civil-rights groups and teachers St. Louis. utive order. He said, in doing so, he wanted unions could run uncontrolled clinical trials In the U.S. Senate, John Ashcroft his children to grow up in a state that ob- on a generation of urban school kids, Indeed, convened the first and only Senate served someone like Martin Luther King. non-urban school officials were among the hearing on racial profiling. He secured Bob Woodson of the National Center most persistent and vociferous foes of the de- more funding to combat violence for Neighborhood Enterprise uses faith- segregation orders. against women, voted to prohibit those based organizations to help troubled The article continues: ‘‘Twenty years who have been convicted of domestic young people turn their lives around. of forced bussing, which Ashcroft op- violence from owning a gun, and sup- Mr. Woodson testified: posed, left the Kansas City school dis- ported the crime victims’ rights Senator John Ashcroft is the only person trict slightly less integrated than it amendment and Violence Against who, from the time he came into this body, was before. Twenty years of forced bus- Women Act. reached out to us. He’s on the board of Teen S996 CONGRESSIONAL RECORD — SENATE February 1, 2001 Challenge. He’s raised money for them. He record. He reluctantly concluded White A second point: when Democrats sponsored a charitable choice legislation had a propensity to work against the complain that there were that will stop the government from trying to imposition of the death penalty even misstatements about Ronnie White’s close them down because they don’t have when called for by law. As Senator trained professionals as drug counselors. We record, why didn’t they correct the have an 80 percent success rate of these Ashcroft testified, record? Every senator, of course, has faith-based organizations with a $60-a-day Judges at the federal level are appointed the right to set the record straight if cost, when the conventional, therapeutically for life. They frequently have power that lit- there is an error. Further, on this mat- secular program cost $600 a day with a 6 to erally would allow them to overrule the en- ter there have been misstatements not tire Supreme Court of the state of Missouri. 10 percent success rate. Senator Ashcroft has by Senator Ashcroft but about Senator gone with us. He has fought with us. And If a person has been convicted in the state of this legislation would help us. As a con- Missouri, but on habeas corpus files a peti- Ashcroft’s floor statement. I want to sequence, day before yesterday, 150 black and tion with a U.S. district court, it’s within make one point very clear: Senator Hispanic transformed drug addicts got on the power of that single U.S. district court Ashcroft did not accuse Ronnie White buses from all over this nation and came judge to set aside the judgment of the entire of being pro-criminal, rather he said here to support him. Fifty of them came Supreme Court of the State of Missouri. So that ‘‘Judge White’s opinions have that my seriousness with which I addressed from Victory Temple throughout the state of been, and, if confirmed, his opinions on Texas, spent two days on a Greyhound bus at these issues is substantial. I did characterize their own expense to come here to voice Judge White’s record as being pro-criminal. I the Federal bench will continue to be strong support for Senator Ashcroft. did not derogate his background. pro-criminal and activist, with a slant Kay James of the Heritage Founda- Judge White argued in dissent in the toward criminals and defendants tion testified: Johnson case, where the defendant was against prosecutors and the culture in The system our founders designed, of convicted of killing three law enforce- terms of maintaining order...’’ This course, is famous for its many checks and ment officers and the wife of a sheriff, statement is in no way a smear of Ron- balances from which no public official is im- that the defendant received ineffective nie White. It is a reasonable conclusion mune. Nevertheless, the charge is still made assistance of counsel. Congressman after reviewing Ronnie White’s dissents that these are insufficient to deal with a HULSHOF, the prosecutor in that case, in a number of cases, most notably the man of religious conviction. As such, a per- rebutted that argument quite effec- Johnson case in which, as the lone dis- son cannot be trusted to faithfully execute tively. Congressman HULSHOF testified, senter, Ronnie White would have let a the laws, especially those which may conflict with his deeply held belief. I reject such reli- ‘‘The points I’d like to raise briefly confessed murderer go free for three gious profiling. On this matter, let me at- about the quality of James Johnson’s reasons. First, Judge White’s dissent tempt to reassure John Ashcroft’s opponents representation is this: He hired counsel concluded that, as noted above, the de- by enlisting the very thing they profess to of his own choosing. He picked from fendant had ineffective assistance of fear most: his religious faith. our area in mid-Missouri what we’ve counsel—yet the case was so over- Fifth, opponents claim that Senator referred to as—as I referred to as a whelming that Clarence Darrow could Ashcroft has a poor record on the dream team.’’ And the court later ruled not have saved the defendant. Second, nominations of President Clinton’s that the counsel was effective. White’s dissent displayed a pro-crimi- nominations to the federal bench. This Sheriff Kenny Jones, whose wife and nal bent in stating that the defendant’s somehow justifies voting against colleagues were killed by Johnson, tes- ‘‘previously law-abiding life’’ could Ashcroft under a standard of ‘‘what’s tified, warrant reducing the sentence of this good for the goose is good for the gan- Be assured that Senator Ashcroft had no quadruple murderer to life imprison- der.’’ other reason that I know about to oppose ment. Third, White’s dissent dem- Apart from the intellectual con- Judge White except that I asked him to. I op- onstrated a willingness to disregard tradiction in such a position, Senator posed Judge White’s nomination to the fed- eral bench, and I asked Senator Ashcroft to the law, specifically, as the definition Ashcroft’s record contradicts this as- join me because of Judge White’s opinion on of legal insanity. White wrote: ‘‘While sertion. He supported 218 out of 230 a death penalty case.... In his opinion, Mr. Johnson may not, as the jury Clinton judicial nominees, or, put an- Judge White urged that Johnson be given a found, have met the legal definition of other way, Senator Ashcroft supported second chance at freedom. I cannot under- insanity, whatever drove Mr. Johnson more than 94 percent of President Clin- stand his reasoning. I know that the four to go from being a law-abiding citizen ton’s nominees, many of whom were people Johnson killed were not given a sec- to being a multiple killer was certainly ond chance. women and minorities. This is hardly a something akin to madness.’’ A judge record of obstruction. Indeed, Senator Some Democrats claim that Ronnie must enforce the law, not make new Ashcroft supported 26 of the 27 African- White was treated shabbily. They say law by the seat of his pants. American judges nominated by Presi- the treatment was shabby because it dent Clinton and considered by the was embarrassing for White to be suffer As I stated above—and it merits re- Senate. All other Republican senators defeat on the Senate floor and because peating because Senator Ashcroft’s also opposed the only one Ashcroft op- of alleged misstatements by Senator critics have distorted his record—Sen- posed. Ashcroft about White’s record. In re- ator Ashcroft supported 218 out of 230 That nominee was Ronnie White— sponse to the first point, it must be Clinton judicial nominees. Put another nominated to the federal district court said that throughout the last Congress, way, Senator Ashcroft supported more bench. Senator Ashcroft, along with Democrats constantly stressed that than 94 percent of President Clinton’s the majority of the U.S. Senate, had they wanted their nominees brought to nominees, many of whom were women grave concerns about White’s record in the floor for a vote. In fact, on June 29, and minorities. Indeed, Senator Missouri death-penalty cases. White 1999, more than three months before Ashcroft supported 26 of the 27 African- wasn’t just the state’s leading dis- the nomination came to the floor, Sen- American judges nominated by Presi- senter in death-penalty cases, he even ator LEAHY took to the floor to say dent Clinton and considered by the went so far as to try (unsuccessfully) that Ronnie White ‘‘should be allowed Senate. This is hardly a record of ob- to overturn the conviction of a man a vote, up or down.’’ He continued: struction. ‘‘Senators can stand up and say they who confessed to brutally murdering Like many people who watched the will vote for or against him, but let four people. White was the only dis- recent confirmation hearings of John this man have a vote.’’ Well, this is senter in that case, which caused his Ashcroft for U.S. Attorney General, I what can happen when a nominee is nomination to be opposed by numerous too failed to recognize the man as char- law-enforcement groups and officers, brought to the floor—the nomination acterized by his opponents. I’ve known including the National Sheriff’s Asso- can be defeated. If Democrats are con- John Ashcroft for six years in the Sen- ciation, the Missouri Federation of Po- cerned that a nominee will be embar- ate. lice Chiefs, the Mercer County Pros- rassed if the nominee loses, then Demo- ecuting Attorney’s office, and numer- crats must be careful when they clam- As I stated at the beginning of my re- ous individual Missouri sheriffs and po- or for a vote. I personally expressed to marks, Senator John Ashcroft is a man lice departments. Judge White my regret that his nomi- who knows the law. He was educated at Senator Ashcroft took very seriously nation was considered by the full Sen- Yale and the prestigious University of his duty to evaluate Judge White’s ate in a way that ended in defeat. Chicago law school. While in the U.S. February 1, 2001 CONGRESSIONAL RECORD — SENATE S997 Senate, he served on the Senate Judici- official in Missouri and because of my length on the difference between a leg- ary Committee and chaired its Sub- personal knowledge of him. He was islator and a member of the executive committee on the Constitution. Fur- twice elected attorney general of Mis- branch who enforces the law. He said thermore, Senator Ashcroft is the most souri, he was twice elected governor of categorically that he would not choose experienced candidate for U.S. Attor- Missouri, he was elected Senator of to change Roe v. Wade but would be ney General in American history. He Missouri. And Missouri is a moderate bound to enforce the law as it stood. He served as Missouri’s attorney general, state, I think very much like my own spoke emphatically about his commit- its governor, and one of its U.S. sen- state, Pennsylvania: two big cities, a ment to enforce access to abortion ators. lot of farmland. The characteristics of clinics. And it was worth noting that, During his career, Senator Ashcroft the electorate in Missouri, who have while in the Senate, on a vote on has compiled an outstanding record of elected him five times to major offices, whether someone who had a judgment protecting the rights of all people. He I think, speaks well of Senator against them for damaging an abortion will continue to do so as the United Ashcroft in rejecting the notion that clinic and there was one case where States Attorney General. I strongly he is an extremist. there was an enormous judgment in ex- support his nomination and encourage The John Ashcroft whom I have cess of $100 million that the individ- all my colleagues to do so as well. known for six years in the United uals’ debt ought not to be discharge- Mr. TORRICELLI. Mr. President, I States Senate is not an extremist. He able in bankruptcy, which I think is an have always believed that Presidents sat a couple of seats down from me on indication as to his sentiments on that are entitled to a degree of deference in the Judiciary Committee. Although we important subject. their cabinet nominees. And so, while did not agree on many items, I always Senator Ashcroft also made very firm this made it difficult I have nonethe- felt he was exercising his honest judge- commitments on recognizing the dis- less informed the administration that I ment. tinction between church and state and cannot support Senator John He was a candidate for President, and committed that, to the extent he was Ashcroft’s nomination to be attorney it may be that in the course of that involved, there would be no litmus test general. candidacy, expressed some views, as on the selection of Supreme Court Senator Ashcroft has been a dedi- candidates sometimes do, which try to nominees. cated public servant and I say that appeal to a constituency. But from There were challenges made to what even though we have not found com- what I have seen, on this committee Senator Ashcroft had done as attorney mon ground on the issues. The range of and in the Senate, he is not an extrem- general on the segregation cases. issues we have disagreed on has been ist. Former Senator Danforth appeared broad and they have centered on some He and I had a very sharp disagree- during the nomination hearing and of the most important laws of our land. ment on a judicial nominee, Philadel- spoke about his evaluation of John No person should be forced to choose phia Common Please Judge Massiah- Ashcroft being a vigorous advocate. between their fundamental beliefs and Jackson. And she was, in effect, re- There was a question raised as to values and enforcing our Nation’s laws. jected by the committee, and withdrew whether as state attorney general of For those who cherish civil rights laws, her nomination. She was challenged as Missouri Senator Ashcroft used the the freedom of choice and handgun con- being soft on crime because of her litigation process inappropriately. He trol the stakes are simply too high to record on sentences. At the end of a was not held in contempt. He was not expect a cabinet secretary to choose very long, difficult and contentious sanctioned under the federal rules, between passionately held beliefs and proceeding, including a hearing before which he could have been. So on the enforcing not only the letter but the the Judiciary Committee, as I say, she basis of that issue and the other objec- spirit of the law. did withdraw. But at the end of the tions which have been raised, it seems I also have specific concerns about process, it was my view that John to me that this is a nomination and a New Jersey. It is not enough just to be Ashcroft had expressed his own judge- nominee where we ought to accord the opposed to racial profiling. The scars ment about it which differed from traditional latitude to the President of this issue has left on my state are too mine. I bring in the Judge Massiah- the United States. I intend to vote for deep and require the strongest possible Jackson case because of some similar- Senator Ashcroft’s nomination to be commitment if we are ever to heal. ities which it has to the case involving Attorney General of the United States. Further, it will take a concerted effort Missouri Supreme Court Justice White. Mrs. BOXER. Mr. President, I would to enforce a range of civil rights laws I said in the hearing that I thought like to respond to a letter my colleague from hate crimes to tolerance. It re- that we did not accord Judge White the Senator SESSIONS inserted into the quires the will of the Attorney Gen- kind of consideration that should have RECORD last evening from the editor of eral, the full force of that office. been accorded, because our practices Southern Partisan magazine. In that I said some very positive things are to rely principally on staff, the letter, the editor claims that his maga- about John Ashcroft at the time he was ABA recommendation, the FBI inves- zine did not sell a t-shirt celebrating nominated. I continue to hope that it tigation, without individual Senators the assassination of President Abra- is possible to disagree and to disagree paying as much attention to the dis- ham Lincoln. In my floor remarks yes- strongly without demonizing. I also trict court nominees as we might. I in- terday, I stated that the magazine did hope he will always reflect on the con- tend on proposing a rule change that in in fact sell this offensive shirt, and cerns raised during the confirmation the event someone is going to speak showed my colleagues a reproduction process. adversely about a nominee, that there of the actual shirt. Mr. SPECTER. Mr. President, I have be an opportunity for the nominee to In particular, the editor stated that sought recognition to voice my support respond, and the committee should this ‘‘tasteless item has never been ad- for the nomination of John Ashcroft, of focus specifically on any charges which vertised or sold on the pages of our Missouri, to be U.S. Attorney General. are brought. magazine.’’ The editor goes on to say I think it is important to focus on But I do think that, at the conclu- that a part-time staff member com- the standard for a Cabinet nomination, sion, Senator Ashcroft expressed his plied a catalog of southern items, in- which is fundamentally different from own honest views. I think it is impor- cluding the offensive Lincoln t-shirt, a judicial appointment, which is a life- tant to note that when Judge White ap- and that the brochure advertising time appointment, and focus on the peared before the committee, he did those items were mailed ‘‘without care- latitude which is customarily accorded not ask that Senator Ashcroft be re- ful review by our editors.’’ the President of the United States in jected, he raised the question as to I would like to insert into the making a selection on a Cabinet nomi- whether Senator Ashcroft had the RECORD a copy of a 1995 letter from nee. qualities to be an attorney general and Southern Partisan, which is on the I do support former Senator Ashcroft left it up to the committee to decide. Southern Partisan magazine editor-in- for attorney general. And I do so, in Senator Ashcroft made a number of chief’s letterhead, which clearly indi- substantial measure, because of the important commitments to the com- cates that the magazine did in fact sell record he has compiled as an elected mittee. We questioned him at great this offensive shirt. This letter states S998 CONGRESSIONAL RECORD — SENATE February 1, 2001 in relevant part: ‘‘Due to the surprising his confirmation hearing before the Ju- Either of these challenges may very demand for our anti-Lincoln T-shirt, diciary Committee clearly showed, well have proved successful, and John our stock has been reduced to odd John assiduously did so. might still be a member of this body. sizes. If the enclosed shirt will not suf- Because of his success as Attorney But at a minimum, a challenge would fice, we will be glad to refund your General, Missourians elected John have put Missourians—and the entire money or immediately ship you an- their Governor in 1984 and again in Senate—through a divisive ordeal, and other equally militant shirt from our 1988. To illustrate the utter ridiculous- it might well have left the good people catalog [emphasis added].’’ ness of one of the most scurrilous of Missouri without full representation There being no objection, the mate- charges leveled at John—that of being in the United States Senate. Always rial was ordered to be printed in the ‘‘racially insensitive,’’ as some are the public servant, this is something RECORD, as follows: euphemistically saying—it must be that John Ashcroft would not do. As SOUTHERN PARTISAN, noted that as Governor, John repeat- particularly painful as this loss was, Columbia, SC, December 3, 1995. edly reached out to black Americans. John never once considered chal- DEAR FRIEND: Due to a surprising demand For example, he appointed the first lenging the election; he would not put for our anti-Lincoln T-shirt, our stock has black woman to the Western Missouri his fellow Missourians through what been reduced to odd sizes. If the enclosed Court of Appeals; he established the the nation had to endure in Florida for shirt will not suffice, we will be glad to re- state’s first and only historic site hon- thirty-five days. Moreover, he made it fund your money or immediately ship you oring a black American, composer another equally militant shirt from our abundantly clear, both in public and in Scott Joplin; he led the fight to save private, that he did not want others to catalog. Lincoln College, founded by black sol- Thank you, do so either. Rather than cling to diers; and last month Missourians cele- SOUTHERN PARTISAN GENERAL STORE. power in the hope of an eventual vic- brated the birthday of Dr. Martin Lu- Mr. MCCONNELL. Mr. President, tory, John graciously conceded the ther King, Jr. because John Ashcroft America is indeed fortunate to have a election and wished our new colleague signed that proposed holiday law. John distinguished public servant of the cal- well. iber of John Ashcroft who is willing to also helped enact Missouri’s first hate This selfless action was that of a serve his country again, this time as crimes legislation. In short, if John statesman, and it reminds me of the fa- Ashcroft is ‘‘racially insensitive,’’ he Attorney General of the United States. mous words of another statesman, certainly has a strange way of showing John is certainly the most qualified Henry Clay, who said: ‘‘I had rather be Attorney General nominee of this cen- it. After completing his second term as right than be President.’’ John tury and perhaps in the Republic’s his- Governor, John began a career of na- Ashcroft’s response to this truly tory. John has impressive academic tional public service as Missouri’s jun- unique and difficult loss in November credentials and a unique blend of legal, ior Senator in the United States Sen- was essentially: ‘‘I had rather be right executive, and legislative experience. I ate. As a member of this body, John than be Senator.’’ And it is because of am confident that his qualifications, broadened his legal experience by serv- principled actions such as this that combined with his keen sense of duty ing on the Judiciary Committee and by John is one of the most respected and unshakeable integrity, will enable chairing its Subcommittee on the Con- former members of this body. And be- Senator Ashcroft to be one of the finest stitution. He also continued to fight cause Democratic members know of Attorneys General in the nation’s his- for the rights of all Americans, and was John’s character and integrity, they tory and to restore luster to a tar- dedicated to the principle of equal speak with confidence about the out- nished agency. treatment under the law. For example, standing job he would do as Attorney John is an honors graduate of Yale John sponsored legislation providing General. For example, our former col- University. He received his law degree equal protection for victims of crime, league, Senator Moynihan, stated that from the University of Chicago, one of and he convened the first hearing on John ‘‘will be a superb Attorney Gen- the country’s outstanding law schools. racial profiling, in which he stated for eral.’’ And our current colleague, Sen- After graduating from law school, John the record that racial profiling is un- ator TORRICELLI, who knew of John’s returned home to Missouri where he constitutional. And as he did as Mis- skill and character from their service practiced law and joined the faculty of souri Governor, John continued to sup- together on the Judiciary Committee, what is now Southwest Missouri State port black judicial nominees, voting stated that ‘‘While I have obvious phil- University, teaching business law for for 26 of 27 African-American nominees osophical differences with John, his five years. Following that, our col- to the federal bench. ability and integrity simply can’t be league, then-Missouri Governor KIT As impressive as John’s qualifica- questioned.’’ BOND, appointed John to serve the citi- tions are, what may be most impres- Now despite John’s experience and zens of Missouri as State Auditor. sive about him is his honor and integ- dedication to duty, I have heard a lot John continued his legal career as an rity. I had the opportunity to witness of people say that he is unfit to be At- assistant Attorney General on the staff first-hand a test of his character in my torney General because of: (1) his of our former colleague, then-Missouri capacity as Chairman of the National strong and abiding faith in God; (2) his Attorney General John Danforth. In Republican Senatorial Committee and firm belief in law and order; and (3) his this capacity, John Ashcroft gained in- Chairman of the Committee on Rules commitment to the Constitution, even valuable first-hand knowledge of the and Administration, which would have when that commitment is at odds with day-to-day operation of an Attorney had jurisdiction over an election con- those unbiased ‘‘legal scholars’’ on the General’s Department. This knowledge test. As we all know, John lost a editorial board of the New York Times. would serve him well when he became heartbreakingly close reelection bid Far from disqualifying him from public Missouri’s Attorney General in 1976. last fall under unorthodox, and some service, however, these qualities only John, in fact, served two terms as Mis- would say, unlawful circumstances. reinforce my belief that he will ably souri’s highest law enforcement officer, After the election, my office was flood- serve as the nation’s chief law enforce- and as a result of his eight year tenure ed with phone calls and petitions urg- ment officer. The Senate would serve in that office, obtained the managerial ing John to challenge the election, and the nation by confirming him as Attor- and executive experience needed to ef- lawyers lined-up to offer their services. ney General, and I urge it to do so. fectively run an Attorney General’s Of- Some argued that John should bring a Ms. SNOWE. Mr. President, I rise to fice. Under John’s leadership, the Mis- constitutional challenge on the ground support the confirmation of President souri Attorney General’s Office earned that it was patently unconstitutional Bush’s nominee for Attorney General a reputation for strictly enforcing the to elect a deceased person to the of the United States, former Senator law, including laws with which Attor- United States Senate. Others wanted John Ashcroft. ney General Ashcroft disagreed. John him to bring an election contest be- After serving in this body with John Ashcroft understood well his role as cause of improprieties in the voting Ashcroft for the last six years, I know Missouri’s Attorney General; he was itself, such as the fact that heavily- him as a man of integrity and compas- acutely aware that Missourians twice- Democrat precincts remained open sion. That is not to say we always elected him to enforce the laws, and as after hours. agree—we have sparred passionately on February 1, 2001 CONGRESSIONAL RECORD — SENATE S999 issues—not the least of which was up this power noted ‘‘To what purpose enforced the civil rights laws as attor- abortion rights. Clearly, though, John then require the co-operation of the ney general and governor,’’ and I take is a well-qualified nominee, as evi- Senate? I answer, that the necessity of John Ashcroft at his word. denced by the fact that of the 67 per- their concurrence would have a power- Moreover, not only John’s words but sons who have served as United States ful, though, in general, a silent oper- his deeds support his strong commit- Attorney General in our history, only ation. It would be an excellent check ment to civil rights. As Governor, John John Ashcroft has served as state at- upon a spirit of favoritism in the Presi- signed Missouri’s first hate crimes torney general, governor, and U.S. Sen- dent, and would tend greatly to pre- statute and legislation creating the ator serving on the Judiciary Com- vent the appointment of unfit char- Martin Luther King Holiday. He estab- mittee. acters from State prejudice, from fam- lished Missouri’s first and only historic In fact, John Ashcroft was State At- ily connection, from personal attach- site honoring an African-American, torney General and Governor for two ment, or from a view to popularity.’’ and led the fight to save an inde- terms each. He was the head of the Na- And if you review history you will pendent Lincoln University, founded by tional Association of Attorneys Gen- find that this ‘‘check’’ as it were has African-American soldiers. Last year, eral and head of the National Gov- been used judiciously. The fact is that he convened the only Senate hearing ernors’ Association. In these roles, since 1789—212 years—only 19 cabinet on the subject of racial profiling, and John has a solid record of working with nominees have failed to be confirmed. opened the hearing by unequivocally and protecting the rights of all people. Clearly the Senate must have differed condemning racial profiling, calling it That John and I hold differing views with the President on his nominees ‘‘an unconstitutional practice.’’ is certainly not unusual in this body of more than 19 times over the past 212 As Missouri Attorney General, John one hundred individuals—all with years, yet with very few exceptions has Ashcroft enforced laws that differed strongly held beliefs, all with disparate deferred to the President, who will ul- from his own beliefs in a number of backgrounds, and all representing dif- timately be held responsible for his areas, including abortion and, more ferent constituencies with distinct con- choice. specifically, the confidentiality of hos- cerns and varying priorities. I re- In short, our use of the ‘‘advice and pital records on the number of abor- spected his right to hold his beliefs, consent’’ power must achieve a careful tions performed; and church and state just as he has always respected my balance between our responsibility to issues, such as the availability of funds right to the beliefs that I have often check presidential abuse at one end of for private and religious schools and expressed in this very chamber. That is the scale, and a respect for the presi- the distribution of religious materials the nature of our representative de- dent’s constitutional prerogative on in public schools. mocracy, and certainly the nature of the other. It is a question of degrees As Governor, John was presented on the Senate as the embodiment of the and a matter of judgement left to us to nine occasions with three-candidate union of states. weigh with due diligence and care. panels for judicial appointments that Likewise, President Bush, as the In the case of John Ashcroft’s nomi- contained one or more minority can- duly-elected Chief Executive of the nation to be Attorney General, I would didates. As he told the Committee in United States, is accorded the privilege argue that John Ashcroft deserves to his nomination hearing, ‘‘I took special of nominating those men and women be taken at his word with regard to care to expand racial and gender diver- he deems most fit to administer the what he has said at his confirmation sity in Missouri’s courts,’’ and the policies and duties with which he has hearings. He has said, clearly and un- facts bear that out. been entrusted by the people of this equivocally, that he will uphold the In every instance, he either ap- Nation. laws of the United States of America. pointed a minority to the post or ap- I did not agree with all of the per- During the confirmation hearings, pointed the minority candidates on the sonal viewpoints of President Clinton’s John Ashcroft was characteristically panel to judicial positions at a later various nominees—far from it. Instead, straightforward when he said, ‘‘I under- date. He appointed more African-Amer- I attempted to judge the fitness of each stand that being attorney general ican judges to the bench than any gov- nominee based on their individual means enforcing the laws as they are ernor in Missouri history. record, experience, testimony, and in- written, not enforcing my personal He appointed the first African-Amer- tegrity. Recognizing that President preferences. It means advancing the ican on the Western District Court of Clinton’s nominees would not surpris- national interest, not advocating my Appeals. He appointed the first Afri- ingly hold different beliefs than my personal interest.’’ can-American woman to the St. Louis own in some instances, I asked myself During a private meeting in my of- County Circuit Court. whether or not those beliefs would, in fice, John echoed that pledge and per- He appointed the first two women to and of themselves, preclude the nomi- sonally assured me that he would carry the Missouri Courts of Appeals. And he nee from executing his or her duties to out this and other laws on behalf of appointed the first woman to the Mis- the extent that they would be unfit to every American. That includes Roe v. souri Supreme Court—the only woman serve. Wade. That includes ensuring access to ever to have been appointed to that That is the same question I ask my- abortion clinics. And I take John court. self concerning the nomination of Sen- Ashcroft at his word. Similarly, in the Senate, John sup- ator Ashcroft, keeping in mind that I He also stated during the hearings ported every single African American do not believe that a nominee’s ideo- that, ‘‘The attorney general must rec- judicial nominee confirmed by the Sen- logical philosophy should be a deter- ognize this: The language of justice is ate—26 separate nominations in all. mining factor in their ability to serve. not the reality of justice for all Ameri- But despite this overwhelming record As the Portland Press Herald noted in cans . . . No American should have the of supporting minority judicial can- their January 17 editorial ‘‘Senators door to employment or educational op- didates, he has been attacked for op- have the power of ‘‘advice and consent’’ portunity slammed shut because of posing the nomination of one African over such nominees, and they have the gender or race. No American should American Judge, Ronnie White—a power to make judgments based on fear being threatened or coerced in nominee who was opposed by 54 mem- whatever criteria they choose. Still, seeking constitutionally protected bers of the Senate, including me. failing to pass an ideological litmus health services.’’ I commend him for Judge White’s nomination was re- test is not a sufficient reason to de- this sentiment and, again, I take John jected by the Senate not because of his cline to nominate someone to an ap- Ashcroft at his word. race, but because of his opinions in pointive post, barring hard evidence of Importantly, John has carried him- some death penalty cases. It bears not- unsuitability or criminal mis- self with distinction in carrying out ing that not only was Judge White vig- conduct. . .’’ the laws in other elected positions, no- orously opposed by the National Sher- And what about the power of ‘‘advice tably during his terms as governor and iffs’ Association, the Missouri Federa- and consent’’ given to the Senate under Attorney General of Missouri. As he tion of Police Chiefs, and numerous Article II, Section 2 of the Constitu- told the Judiciary Committee, ‘‘I take other Missouri and national law en- tion? Alexander Hamilton in summing pride in my record of having vigorously forcement groups, but he also stood as S1000 CONGRESSIONAL RECORD — SENATE February 1, 2001 the lone dissenter in a death penalty friends, supporters, and constituents, this is unfair language without giving him an op- case involving the brutal slaying of not easy to understand. And some see it as portunity to respond. There was no excuse three law enforcement officers in Mis- terribly wrong. After all, my voting record for this behavior, and it represents for me an and that of John Ashcroft could hardly be extremely sorry chapter in Senator souri and the wife of a sheriff who was more different, and there is no question that Ashcroft’s public record. Our Republican col- killed after she was shot five times, in the opposition has raised significant and se- leagues on this Committee and in the Senate the family’s own home, as she was rious concerns about the appropriateness of share the responsibility for what happened. holding a church function. this nomination. They should not have followed their col- It is critical to note that in 1998, Let me begin by noting a few positive as- league and allowed this to become a partisan using similar criteria, I opposed the pects of former Senator John Ashcroft’s po- issue on the floor of the Senate. I agree with David Broder, who in a col- nomination of Judge Ann Aiken to the sitions and responses to questions at his hearing on two issues I care deeply about. umn in which he stated a number of reasons federal bench because of her decision to On racial profiling, as I said at the outset for supporting John Ashcroft for Attorney give probation instead of jail time to a of the hearing on Sen. Ashcroft’s nomina- General said that in the end, the Ronnie man who raped a five-year-old child. tion, during the last Congress I found him White episode could alone justify voting And what has Judge White said about more receptive to my concerns about the against him. He said that Ronnie White de- John Ashcroft’s motivations? He has issue than virtually anyone on the Repub- serves more than an apology, he deserves an said, and I quote, ‘‘. . . let me say, I lican side of the aisle. He and his staff not appointment to the federal bench. I agree only permitted but assisted in a significant and I hope that Senator Ashcroft and Presi- don’t think Senator Ashcroft is a rac- dent Bush will give this idea serious consid- ist, and I wouldn’t attempt to com- and powerful hearing on racial profiling in the Constitution Subcommittee. Although eration. ment on what’s in his mind or what’s he did not ultimately cosponsor our traffic And they need to go farther. The White nomination debacle raised the issue of race in his heart.’’ stop statistics bill, he made constructive on the Senate floor in an unprecedented and Finally, I want to emphasize that suggestions about the bill, and his interest almost tragic manner. The President and his there were a number of critical policy in addressing this terrible problem I believe advisors need to take major steps to right was sincere. areas on which Senator Ashcroft and I that wrong, and they can start by urging the And that sincerity was underlined in re- did agree during our tenure together in Senate promptly to approve the nomination cent testimony before this Committee. He the Senate. They deserve mention con- of Judge Roger Gregory to the Fourth Cir- stated that he believes racial profiling is an sidering the criticism that has been cuit Court of Appeals. I would note that unconstitutional practice and that he will Judge Gregory has received the endorsement leveled against this nominee, and the make it a priority of the civil rights division of his home state Senators, Senators Warner relevance of the issues to the post of of the Department to eradicate it. I believe and Allen, both of whom come from the Attorney General. him and I look forward to working with him President’s party. John co-sponsored the benchmark Vi- on this if he is confirmed. Another troubling area is Senator I have also expressed great concern that olence Against Women Act, and helped Ashcroft’s handling of a St. Louis desegrega- author the provisions to prevent Inter- whoever assumes the role of Attorney Gen- tion case during his time as Attorney Gen- net stalking included in the legisla- eral of the United States needs to under- eral of Missouri. I was impressed with the stand and appreciate a need for fairness in tion. He supported minimum hospital strong testimony of respected civil rights the administration of the severest punish- lawyer Bill Taylor. Mr. Taylor’s testimony stays for women who give birth, and a ment our Federal government can mete out, measure to permit breast and cervical and the entire record of this case make it the death penalty. I understand that both clear that at best Senator Ashcroft did not cancer coverage by Medicaid for low- President Bush and Senator Ashcroft sup- ‘‘get’’ the role of the courts in the case and income women. port the use of capital punishment. But I was the urgency of resolving the issue in the best He supported a provision urging that relatively pleased with Senator Ashcroft’s interests of the children in the city. At the ‘‘Attorney General should fully en- responses to my questions, both at the hear- worst, he exploited the case for political pur- force the law and protect persons seek- ing and in written form, concerning the fed- poses, which is very troubling indeed. eral death penalty system. I was particularly ing to provide or obtain, or assist in Then there is the case of James Hormel, pleased to hear his commitment to con- our current ambassador to Luxembourg, providing or obtaining, reproductive tinuing the Justice Department review of ra- whom Senator Ashcroft strongly opposed health services from violent attack,’’ cial and regional disparities in the federal when his nomination was under consider- and voted to make civil judgments for system, a review that was ordered by Presi- ation by the Senate. This was an extreme ex- those who commit violent acts at abor- dent Clinton and is only in its initial stages. ample of a pattern of unwarranted opposi- tion clinics non-dischargeable in bank- I plan to hold him to his pledge and urge him tion to nominees pursued by Senator ruptcy—an amendment that I cospon- carefully to consider the results of this re- Ashcroft. I am frankly mystified by the no- sored. view and address the disparities before pro- tion that in the 21st century a nomination of ceeding with any federal executions. This is the John Ashcroft I know—a a distinguished American would be blocked Having noted at least those areas where because of his sexual orientation. This is an- man of ability, remarkable experience I’m hopeful about working together with other sorry chapter in Senator Ashcroft’s in public service, proven integrity, and John Ashcroft, this process has, neverthe- record, and frankly, his responses to written unimpeachable professionalism. As At- less, brought forth extremely serious infor- questions from members of this Committee torney General, he will be charged not mation that could lead any reasonable per- about his position on this nomination were with writing new laws—as he ably did son to conclude that this nomination should unsatisfactory and raise even more questions as a Senator—or interpreting laws—as not go forward. about his testimony than they answer. Am- The interview with Southern Partisan and bassador Hormel is right to be outraged by a judge would do. Instead, he will be his acceptance of an honorary degree at Bob given responsibility as our nation’s top those answers and the insinuations they con- Jones University raise significant questions tain. law enforcement official for executing about his sensitivity to the concerns of the On a related topic, we have the accusations the laws of the United States on behalf African American community in this coun- by former Wisconsin state Senator Paul of President Bush and the American try. Even worse, his failure to fully disavow Offner that Sen. Ashcroft questioned him people. I am confident he will enforce these actions is troubling. It seemed almost about his sexual orientation in a job inter- the laws to protect all Americans as if he was playing it safe, trying not to an- view in 1985. I have worked with both of tagonize certain conservative constituencies these people, and based on information I’ve equally, regardless of his personal rather than admitting his mistakes and rec- views, and I will vote to confirm John seen, I find it hard to disbelieve either one. ognizing the need to take concrete steps to But the Offner account does bother me and Ashcroft as Attorney General of the disavow the racist attitudes that both of while I will vote for Senator Ashcroft in United States. those institutions represent to many Ameri- committee today, I reserve the right to re- Mr. FEINGOLD. Mr. President, as my cans. He will need to do much more if he is view any further information in this area colleagues know, I shall vote to con- confirmed to reassure African-Americans that may come forward prior to the final firm Senator Ashcroft. I discussed the that he will faithfully enforce and apply the confirmation vote on the floor. After all, reasons for my doing so in my state- civil rights laws of this country. Senator Ashcroft in sworn testimony told On another issue, Senator Ashcroft and the ment before the Judiciary Committee. me that he had never used such an approach Republican majority’s treatment of Judge in hiring. At that meeting, I said: Ronnie White was just plain unfair, and that In the end, however, this record has to be My colleagues, when we vote today, I’m is why I joined Senator Durbin in apolo- put in the context of the standard that I be- going to do what I sincerely believe to be the gizing to him when he appeared before the lieve should be used when voting on the con- right thing to do: vote for confirmation of Committee. Senator Ashcroft led opposition firmation of a cabinet position. And, by the John Ashcroft as Attorney General of the to Judge White, misleading our colleagues as way, I do find somewhat persuasive the argu- United States. For many of my colleagues, to his record and attacking him in harsh and ment that the position of Attorney General February 1, 2001 CONGRESSIONAL RECORD — SENATE S1001 is particularly significant, although it does question of whether Senator Ashcroft will part of taking the United States Senate and not rise to the level of a high lifetime judi- actually enforce the law. I think my col- this country further down the road that cial appointment. league Senator Schumer set up the question John Ashcroft and others in his party paved As a matter of practice, the Senate has, for well when he said words to this effect: during the Clinton years. the most part, avoided rejecting the Presi- ‘‘Given Senator Ashcroft’s entire record of Having said that, I want to hasten to add dent’s Cabinet nominations because of their passionate advocacy for very conservative that I’m not at all sure that this kind of def- ideology alone. The Senate may examine, causes: Can he switch it off?’’ I think this is erence be given anymore on lifetime federal and has examined, whether the extremity of a useful standard but it must be applied with judicial appointments given what appears to nominees’ views might prevent them from caution. All of us have observed many tal- be an open assault in recent years by the carrying out the duties of the office they ented people taking very different roles in U.S. Senate on the federal judiciary. As I seek to occupy. But the Senate has nearly their careers, sometimes having to oppose ei- said in my opening statement at the con- uniformly sought to avoid disapproving ther people or groups for whom they used to firmation hearing, although Democrats are nominations because of their philosophy advocate. being asked to follow the political golden alone. I believe that we should not begin to Now in my own career, I’ve certainly been rule on this nomination, I certainly agree do so now. called unreasonable, unyielding and too per- that the line must be drawn at some point As my colleagues know, in the practices sistent on occasion. But I remember being a concerning the politicization of appoint- and precedents of the Senate, the Senate defense attorney for large corporations at a ments. My judgment is that this is not the considers and approves the overwhelming law firm and then subsequently when I went place—not this nomination or this office, as majority of nominations as a matter of rou- to the Wisconsin State Senate, voting terribly important as it is. tine. Over the history of the Senate, the Sen- against those interests every time. I went And yes, I firmly believe that as a progres- ate has considered and approved literally into the State Senate representing a largely sive, this is about our future credibility and millions of nominations. rural district and I remember constantly ability to move our agenda in a future ad- The Senate’s voting to reject a nominee speaking of the need for rural property tax ministration that better reflects on voting has been an exceedingly rare event. Of the 1.7 relief and not letting the City of Milwaukee records and beliefs, which in most cases are million nominees received by the Senate in run off with the entire budget. Yet, when I just the opposite of a John Ashcroft’s. the last 30 years, the Senate has voted to re- became a United States Senator, I under- I know that some see this as futile or naive ject just 4, or one in every 425,000. Of course, stood my role to have changed and that I in light of the unbending ‘‘other side.’’ They Presidents often withdraw without a vote needed to advocate zealously for the very may be right. But I believe the American the nominations of those who likely face de- real needs for the people of our largest city. people desperately want us to conduct our- feat. So, it seems to me that I’ve been asked to selves, where possible, in a bipartisan man- The Senate’s voting to reject a nominee to switch it off on several occasions. I feel I ner: with civility, with give and take, and the Cabinet has been an exceedingly rare have done so and that this is fairly common act as if those terms have real meaning and event. Over the entire history of the Senate, in the careers of those public men and are not just empty rhetoric. the Senate has voted to reject only 9 nomi- women. So when I vote for John Ashcroft in com- nations to the President’s Cabinet. The Sen- I think we were all struck by the strength mittee, I am reaching out to the new Admin- ate rejected six in the 19th Century, and of John Ashcroft’s commitments and an- istration and to my Republican colleagues three in the 20th Century. swers to our tough questions which were and especially those on the opposite side of Four of the nine Cabinet nominees rejected given under oath. His specific commitments this committee. I believe we share mutual were during the Presidency of President to enforce the law in several areas were cer- respect. So I am extending to you at the be- Tyler alone. Several other rejections may be tainly not tepid. This was especially true ginning of this new Republican Administra- said to have flowed from larger battles be- with regard to his responses on choice and tion an olive branch, but it is not a white tween the Senate and the President, as when abortion-related matters—an area where, as flag I assure you. This is about the Depart- the Senate rejected President Jackson’s a policy and constitutional matter I disagree ment of Justice and it is justice I want to see nominee to be Secretary of the Treasury in with him virtually completely. Given Sen- for the wrong done to Judge Ronnie White. the wake of the dispute over the Bank of the ator Ashcroft’s strident record in this area it And it is justice I want to see done in the 4th United States. Similarly, bad feelings after is completely understandable to me that Circuit Court of Appeals where the largest the impeachment of President Andrew John- critics would regard this as a ‘‘confirmation African American population lives and has son led to the Senate’s rejection of President conversion’’ and that some would even see never had an African American judge until Johnson nominations of his counsel in the this as cynical with carefully chosen words the recess appointment of Roger Gregory. It impeachment trial to be Attorney General. with regard to Roe v. Wade, leaving the door is justice I want for numerous other circuit In the 20th Century, the Senate rejected open for a very different reality in the new court nominees who languished in this com- half as many Cabinet nominees as it did in Attorney General’s office. I, for one, will not mittee for years and never even received a the 19th Century. In the wake of the Teapot stand by and allow a departure from the hearing. And it is justice I want for the fu- Dome scandal, the Senate voted down Presi- clear impression that Senator Ashcroft of- ture James Hormels and Bill Lann Lees who dent Coolidge’s nomination of Charles War- fered as an assurance. In fact, one area I will were most assuredly treated unfairly. And it ren because of his ties to trusts. Most re- closely scrutinize is his choices for top level is justice I want for the the victims of racial cently in 1989, the Senate rejected the nomi- positions in the Department of Justice. He profiling in America. And I will press this nation of Senator John Tower, an event will have direct responsibility for carrying Administration, the Attorney General, and which many on this Committee will recall out the promises he made to this Committee this committee to prevent it from happening from their own memory. and the country. to others in the future. This examination of the history dem- But I do take some umbrage at the notion So I am genuinely appealing to you to onstrates that it has been a nearly contin- that giving John Ashcroft’s sworn testimony show in concrete ways in the near future uous custom of the Senate to confirm a the benefit of the doubt is somehow because that you are concerned about the obviously President’s nominees to the Cabinet in all of Senate collegiality. No, it is because it is heartfelt and legitimate feelings of many but the very rarest of circumstances. These sworn testimony. Americans that the Senate’s role in the practices and precedents thus support the But I do understand the very strong skep- nominations process has been abused and principle that the Senate owes the President ticism on this point in light of the incidents overly politicized. There are real fault lines substantial deference in the selection of the I’ve already reviewed especially as they re- emerging in our culture and in our political Cabinet. late to the blocking of nominations, a proc- system and repairs must be made. And some I should also note, as some members of the ess in which John Ashcroft too often partici- who have been harmed can and must be made committee have done that all of President pated. I cannot question anyone for opposing whole. Clinton’s cabinet appointments were con- this nomination, anyone for coming to an In fact, one of the most eloquent state- firmed overwhelmingly, and usually unani- opposite conclusion of this record. It simply ments to this effect came just this month in mously, despite the fact that many Repub- depends on one’s view of the cabinet nomina- President George W. Bush’s Inaugural Ad- licans strongly disagreed with their views. tion process. It is a judgement call. I feel ob- dress: ‘‘Sometimes our differences run so This included the view of Attorney General ligated under the traditional understanding deep it seems we share a continent, but not Janet Reno in opposition to the death pen- of how cabinet appointments are handled to a country.’’ I think he’s right and I think alty, a view I strongly share with her but not put the worst possible interpretation on this committee is the place to begin to re- which has enlisted the support of few of my these facts. And I specifically cannot justify pair the breach. That means for me the very colleagues. constructing the worst case scenario solely difficult decision to vote to confirm John Now, a number of opponents of this nomi- because Senator Ashcroft seemed to do the Ashcroft, but it also means immediate con- nation for whom I have very high regard same for a number of very worthy nominees. crete efforts by the President and his party have sought to go beyond the traditional It is certainly tempting to do so, but I am to mend the wounds that led to such fierce standards for cabinet nominations. I think afraid it looks too much like political ‘‘pay- opposition to the Ashcroft nomination. It, of the most interesting approach that the oppo- back,’’ a lesson that would not be lost in fu- course, also means that the new Attorney nents have laid out, especially in light of the ture cabinet confirmation considerations, in- General must vigorously enforce the law and serious problems with Senator Ashcroft’s cluding those involving the choices of a be the Attorney General of all the people, re- record that I have already identified, is the Democratic President. I don’t want to be a gardless of race, religion, gender or sexual S1002 CONGRESSIONAL RECORD — SENATE February 1, 2001 orientation. If he does that, he will earn the tant issue for a sustained national de- Founders, in turn, flows from the Con- support of the American people. If he does bate. But that question is not at the stitution’s imposing on the President not, I will be the first to call him on it and core of our responsibility in this body the duty faithfully to execute the laws demand that he be held accountable. to advise and consent on Cabinet nomi- of our Nation. That was my statement in the Judi- nations. Article 2, section 1 of the Constitu- ciary Committee. Alexander Hamilton wrote of the tion begins: ‘‘The executive power shall I rise today to speak more generally dangers of partisanship in the nomina- be vested in a President of the United on the Senate’s role of advice and con- tion process in Federalist number 76. States of America.’’ That section ends sent in the President’s nomination of He cited the partisanship of legisla- by requiring the President-elect to individuals to the Cabinet. I rise also tures as one of the reasons why the take the oath ‘‘that I will faithfully to speak a bit about the appointment Constitution did well to vest the power execute the office of President of the process in general, apart from the dis- to nominate in the President, rather United States, and will to the best of cussion of any particular nomination. than in the Congress. Considering what my ability, preserve, protect and de- This analysis governs my consideration would happen if the Constitution had fend the Constitution of the United of both Senator Ashcroft’s and Ms. given the Congress the power to nomi- States.’’ And article 2, section 3 pro- Norton’s nominations. nate, Hamilton wrote: vides that the President ‘‘shall take John Adams wrote that we seek ‘‘[a] The choice which may at any time happen care that the laws be faithfully exe- government of laws, and not of men.’’ to be made under such circumstances, will of cuted.’’ He and other Founders sought a gov- course be the result either of a victory To carry out that duty, the President ernment based on principles, not on gained by one party over the other, or of a needs policy-makers in the executive personalities. If we, as Senators, wish compromise between the parties. In either case, the intrinsic merit of the candidate branch, particularly in the Cabinet and to serve that end in the nomination will be too often out of sight. In the first, the subcabinet, who will support the Presi- process, we must measure Cabinet qualifications best adapted to uniting the dent’s program, as well as carry out nominations according to principle, suffrages of the party, will be more consid- the law. The Supreme Court in Myers with a look at the past and a view to ered than those which fit the person for the v. United States explained: the future. station. In the last, the coalition will com- Our conclusion . . . is that Article II The first principle that I think monly turn upon some interested equivalent: grants to the President the executive power should govern Cabinet nominations is ‘‘Give us the man we wish for this office, and of the Government, i.e., the general adminis- what one might call the political Gold- you shall have the one you wish for that.’’ trative control of those executing the laws, This will be the usual condition of the bar- including the power of appointment and re- en Rule. We, as Democrats, should, if gain. And it will rarely happen that the ad- at all possible, do unto the Republicans moval of executive officers—a conclusion vancement of the public service will be the confirmed by his obligation to take care that as we would have the Republicans do primary object either of party victories or of the laws be faithfully executed; . . . and . . . unto us. A Democratic President ought party negotiations. that to hold otherwise would make it impos- to be able to appoint to the Cabinet So Hamilton wrote in Federalist 76. sible for the President, in case of political or principled people of strong progressive Thus we honor Hamilton’s cautionary other differences with the Senate or Con- ideology. And a Republican President warning, and we advance the public gress, to take care that the laws be faith- ought to be able to appoint to the Cabi- service, by avoiding partisanship in the fully executed. net principled people of strong conserv- confirmation process. Thus article 2, section 2 of the Con- ative ideology. As a matter of practice, the Senate stitution confers the appointment Now, some of our Republican col- has, for the most part, limited its con- power in the following language: leagues have certainly failed too often sideration of the President’s Cabinet The President . . . shall nominate, and by in recent years to follow that Golden nominees to an inquiry into the nomi- and with the advice and consent of the Sen- Rule, and I understand the desire to nees’ fitness for office. The Senate ate, shall appoint ambassadors, other public repay them in kind. To some degree, I must examine, and has examined, the ministers and consuls, judges of the Supreme share that desire. But I am determined Court, and all other officers of the United qualifications of nominees. William States, whose appointments are not herein to resist it for the good of the country, Blackstone wrote in his Commentaries otherwise provided for, and which shall be the health of the nomination process, on the Laws of England, a work well established by law: but the Congress may by and ultimately, to advance the pros- known among the Founders, that ‘‘[a]ll law vest the appointment of such inferior of- pects of future nominees who share the offices . . . carry in the eye of the law ficers, as they think proper, in the President unabashedly progressive convictions an honour along with them; because alone, in the courts of law, or in the heads of that I hold dear. they imply a superiority of . . . abili- departments. This principle means that, except in ties, being supposed to be always filled Let me begin my discussion of this the rarest of cases, voting records and with those that are most able to exe- language with an analysis of its his- conservative ideology alone should not cute them.’’ The Senate has thus near- tory. be a sufficient basis to reject at least a ly uniformly sought to test the ability With this language, the Constitu- Cabinet nominee. I say this as a pro- of nominees to execute the office that tional Convention made a change from gressive Democrat from Wisconsin who they seek to occupy. the Articles of Confederation. Article 9 hopes that future Presidents may ap- But as a matter of practice, the Sen- of the Articles of Confederation vested point the William O. Douglasses and ate has, for the most part, avoided re- appointment powers in the Congress or Ramsey Clarks of their times, and that jecting the President’s Cabinet nomi- a committee of Congress. That article future Senates will not reject them for nations because of their ideology alone. provides, in relevant part: Cabinet positions on the basis of their The Senate may examine, and has ex- The United States in Congress assembled, ideology alone. amined, whether the extremity of shall have the sole and exclusive right and It should not be a requirement for a nominees’ views might prevent them power of . . . appointing courts for the trial Cabinet position that the nominee of piracies and felonies committed on the from carrying out the duties of the of- high seas.... travel solely in the middle of the road. fice they seek to occupy. But the Sen- The United States in Congress assembled There will come great leaders on the ate has nearly uniformly sought to shall also have the sole and exclusive right left and on the right. avoid disapproving nominations be- and power of . . . appointing all officers of If we seek the great minds of our cause of their philosophy alone. I be- the land forces, in the service of the United times, they may on occasion blow hot lieve that we should not begin to do so States, excepting regimental officers—ap- or cold. We should not require all the now. pointing all the officers of the naval forces, leaders of our country to run a tepid Mr. President, the second principle and commissioning all officers whatever in the service of the United States. . . . lukewarm. that I think should govern nomina- The United States in Congress assembled Now, whether nominating a staunch tions is that the Senate owes the Presi- shall have authority . . . to appoint such conservative is good politics or, more dent substantial deference in the selec- other . . . civil officers as may be necessary importantly, whether it is wise, in tion of the Cabinet. The Constitution for managing the general affairs of the light of a promise to unify the nation vests the appointment power primarily United States under their direction. . . . after a very close election, is an impor- in the President. This choice of the And finally: February 1, 2001 CONGRESSIONAL RECORD — SENATE S1003 The United States in Congress assembled The history of the clause by which the Senate’s role in the nomination proc- shall never . . . appoint a commander in Senate was given a check upon the Presi- ess, Hamilton wrote that he expected chief of the army or navy, unless nine States dent’s power of appointment makes it clear the Senate to reject nominees rather assent to the same. . . . that it was not prompted by any desire to limit removals. . . . [T]he important purpose infrequently, but that the potential of Recall that one of the prime reasons such rejections would provide a useful for the Constitutional Convention that of those who brought about the restriction was to lodge in the Senate, where the small check. Hamilton wrote: wrote our current Constitution was States had equal representation with the But might not his nomination be over- that the Articles of Confederation pro- larger States, power to prevent the President ruled? I grant it might, yet this could only vided a government that proved less from making too many appointments from be to make place for another nomination by than workable. The Founders thus the larger States. himself. The person ultimately appointed sought consciously to depart from this After the Convention settled on the must be the object of his preference, though legislative government in favor of a language now in the Constitution, pro- perhaps not in the first degree. It is also not stronger executive. ponents and opponents of executive very probable that his nomination would When the Constitutional Convention power alike agreed that the President often be overruled. The Senate could not be tempted, by the preference they might feel began to debate the Constitution, its received the paramount role. working draft initially provided for the to another, to reject the one proposed; be- New York’s Alexander Hamilton, who cause they could not assure themselves, that Congress to choose the national judici- wanted a strong Presidency, wrote in the person they might wish would be brought ary. Many of the Framers found fault Federalist number 76: forward by a second or by any subsequent with this proposal. Pennsylvania’s [I]t is easy to show, that every advantage nomination. They could not even be certain, James Wilson argued that appointment to be expected . . . would, in substance, be de- that a future nomination would present a by a group with numerous members rived from the power of nomination . . . . In candidate in any degree more acceptable to would necessarily lead to ‘‘[i]ntrigue, the act of nomination, his judgment alone them; and as their dissent might cast a kind partiality, and concealment.’’ He ar- would be exercised; and as it would be his of stigma upon the individual rejected, and sole duty to point out the man who, with the gued: ‘‘A principal reason for unity in might have the appearance of a reflection approbation of the Senate, should fill an of- upon the judgment of the chief magistrate, it the Executive was that officers might fice, his responsibility would be as complete is not likely that their sanction would often be appointed by a single, responsible as if he were to make the final appointment. be refused, where there were not special and person.’’ There can, in this view, be no difference be- strong reasons for the refusal. Virginia’s James Madison agreed, tween nominating and appointing. Hamilton concluded: saying, ‘‘Besides the danger of intrigue Similarly, Maryland’s Luther Mar- To what purpose then require the co-oper- and partiality, many of the members tin, who feared too strong a Presi- ation of the Senate? I answer, that the ne- were not judges of the requisite quali- dency, wrote in the Genuine Informa- cessity of their concurrence would have a fications. The Legislative talents . . . tion: powerful, though, in general, a silent oper- were very different from those of a To that part of this article . . . which gives ation. It would be an excellent check upon a Judge. . . .’’ the President a right to nominate, and with spirit of favoritism in the President, and Massachusetts’s Nathaniel Gorham, the consent of the Senate to appoint all the would tend greatly to prevent the appoint- who in the Convention was an early officers, civil and military, of the United ment of unfit characters from State preju- proponent of the structure finally States, there were considerable opposition— dice, from family connection, from personal adopted in the Constitution, also em- it was said that the person who nominates, attachment, or from a view to popularity. phasized the value of focusing responsi- will always in reality appoint . . . . The first Congress, which included bility on the President. Madison’s In the ratification debates, insofar as among its Members several of the notes report him saying: they addressed the nomination process, Founders, had occasion to discuss the The Executive would certainly be more an- Hamilton’s two Federalist Papers, appointment power. Georgia’s Abra- swerable for a good appointment, as the numbers 76 and 77, stand most promi- ham Baldwin, for one, had been a dele- whole blame of a bad one would fall on him nently. In Federalist number 76, Ham- gate to the Constitutional Convention, alone. . . . [N]ot . . . that he would be an- ilton picked up the theme of the value and then became a Congressman. In ar- swerable under any other penalty than that of focusing responsibility on the Presi- guing against extending the Senate’s of public censure, which with honorable dent, writing: advice and consent power to removals minds was a sufficient one. The sole and undivided responsibility of from office, he said: Pennsylvania’s Gouverneur Morris one man will naturally beget a livelier sense I am well authorized to say that the min- argued that the President would need of duty and a more exact regard to reputa- gling of the powers of the President and Sen- to deal with every part of the United tion. He will, on this account, feel himself ate was strongly opposed in the Convention States, and would thus be best in- under stronger obligations, and more inter- which had the honor to submit to the consid- formed about the character of poten- ested to investigate with care the qualities eration of the United States and the dif- tial nominees. Madison’s notes report: requisite to the stations to be filled, and to ferent States the present system for the gov- prefer with impartiality the persons who ernment of the Union. Some gentlemen op- Mr. Gouverneur Morris argued against the may have the fairest pretensions to them. He posed it to the last, and finally it was the appointment of officers by the Senate. He will have fewer personal attachments to principal ground on which they refused to considered the body as too numerous for the gratify, than a body of men who may each be give it their signature and assent. One gen- purpose; as subject to cabal; and as devoid of supposed to have an equal number; and will tleman called it a monstrous and unnatural responsibility.—If Judges are to be tried by be so much the less liable to be misled by the connection and did not hesitate to affirm it the Senate . . . it was particularly wrong to sentiments of friendship and of affection. A would bring on convulsions in the govern- let the Senate have the filling of vacancies single well-directed man, by a single under- which its own decrees were to create. ment. This objection was not confined to the standing, cannot be distracted and warped by walls of the Convention; it has been subject Gouverneur Morris later summed up: that diversity of views, feelings, and inter- of newspaper declamation and perhaps justly ‘‘[A]s the President was to nominate, ests, which frequently distract and warp the so. Ought we not, therefore, to be careful not there would be responsibility, and as resolutions of a collective body. to extend this unchaste connection any fur- the Senate was to concur, there would Hamilton also wrote of responsibility ther? be security.’’ in Federalist number 77, where he Similarly, James Madison became a When they reported home to their wrote: Congressman in the first Congress, Governor, Connecticut’s Roger Sher- The blame of a bad nomination would fall where he said: man and Oliver Ellsworth cited the upon the President singly and absolutely. Perhaps there was no argument urged with protection of the rights of smaller The censure of rejecting a good one would lie more success or more plausibly grounded states, writing: ‘‘The equal representa- entirely at the door of the Senate; aggra- against the Constitution under which we are tion of the States in the Senate and vated by the consideration of their having now deliberating than that founded on the counteracted the good intentions of the Ex- the voice of that branch in the appoint- mingling of the executive and legislative ecutive. If an ill appointment should be branches of the Government in one body. It ment to offices will secure the rights of made, the Executive for nominating, and the the lesser as well as of the greater has been objected that the Senate have too Senate for approving, would participate, much of the executive power even, by having States.’’ The Supreme Court in Myers though in different degrees, in the oppro- control over the President in the appoint- v. United States cited this as a major brium and disgrace. ment to office. Now shall we extend this purpose for the creation of the Senate’s In the discussion among the Found- connexion between the legislative and execu- power of advice and consent, saying: ers that touches most closely on the tive departments which will strengthen the S1004 CONGRESSIONAL RECORD — SENATE February 1, 2001 objection and diminish the responsibility we lidge’s nomination of Charles Warren ple—people almost uniformly highly have in the head of the Executive? because of his ties to trusts. The Sen- regarded in the community—with civil- The Supreme Court in Myers v. ate voted down President Eisenhower’s ity. Let us take pains to avoid casting United States concluded from this his- nomination of Lewis Strauss, some say the kind of personal ‘‘stigma’’ that tory that it should read narrowly the because of Admiral Strauss’s lack of Hamilton feared. And let us, when we Senate’s power of advice and consent, tack. Most recently, in 1989, the Senate hold the honor and careers of people in saying: ‘‘Our conclusion . . . is . . . that rejected the nomination of Senator our hands, do what we can to diffuse the provisions of the second section of John Tower, an event which many in the bitter viciousness that has seized Article II, which blend action by the the Senate will recall from their own so much of official Washington. legislative branch, or by part of it, in memory. I propose that we govern ourselves by the work of the executive, are limita- This examination of the history dem- principle, as a Democrat at the outset tions to be strictly construed and not onstrates that it has been a nearly con- of a new Republican Presidency, in the to be extended by implication . . . .’’ tinuous custom of the Senate to con- hope that we may rise above that Let me turn now briefly to the his- firm a President’s nominees to the Cab- which has come before. For I cannot tory of the process of advice and con- inet in all but the very rarest of cir- help but express my objection to the sent in the Senate. Many of my Col- cumstances. These practices and prece- attitude and approach that the Repub- leagues will have read the excellent dents thus support the principle that lican majority in the Senate took to- discussion of that history in volume 2, the Senate owes the President substan- ward the nominees of the Democratic chapter 2, of Senator BYRD’s history of tial deference in the selection of the President since the Republicans took the Senate. For those who have not, I Cabinet. control of the majority in 1994. recommend it. Bearing in mind this history and In some respects, the Republican ma- As my Colleagues know, in the prac- Hamilton’s admonition that the Sen- jority seemed not even to accept the le- tices and precedents of the Senate, the ate’s ‘‘dissent might cast a kind of gitimacy of President Clinton’s elec- Senate considers and approves the stigma upon the individual rejected, toral victories in 1992 and 1996. Elec- overwhelming majority of nominations and might have the appearance of a re- tions must have consequences. as a matter of routine. Over the his- flection upon the judgment of the chief Instead, it appeared to me that they tory of the Senate, the Senate has con- magistrate,’’ what then should be, in unfairly blocked very legitimate, sidered and approved literally millions Hamilton’s words, the ‘‘special and qualified appointees such as Bill Lann of nominations. strong reasons for the refusal’’ that Lee, Ronnie White, and James Hormel. The Senate Executive Journal began should prompt the Senate to reject a I think this was wrong. But I propose totaling the number of nominations re- nominee to the Cabinet? that we Democrats not return the ceived and confirmed beginning in 1929. It is in the nature of the Constitu- favor, escalating a never-ending harsh- From then until now, the Senate has tion’s grant of powers to the Senate ening of our discourse. Rather, I pro- received more than 2.9 million nomina- that each Senator must make his or pose that we treat this new Republican tions and confirmed more than 2.8 mil- her own decision how to vote on nomi- President the way that we would want lion. Over that period, the Senate has nees whom the Senate considers. It a Republican majority to treat a confirmed 97.9 percent of the nomina- thus follows that each decision must to Democratic President in the future. tions that it received. Among those not some extent be subjective. But we do It is not easy for me to tell those who confirmed, many simply remained injury to the reputation of the Senate fought so hard for President Clinton unconfirmed at the end of a Congress. when we cannot articulate our reasons and then for Vice-President Gore that The Senate’s voting to reject a nomi- for rejecting a nominee as the expres- we should follow the Golden Rule, and nee has been an exceedingly rare event. sion of rules that could have universal that we should treat President Bush Of the 1.7 million nominees received by application. better than the Republican majority the Senate in the last 30 years, the It is the nature of justice that dif- treated President Clinton. And should Senate has voted to reject just 4, or ferent persons of similar circumstances the new President abuse the Senate’s one in every 425,000. Of course, Presi- should receive similar treatment. Let deference, there may come a point dents often withdraw without a vote us do justice when the Senate exercises when we have to draw a line and say, the nominations of those who likely its role of advice and consent. ‘‘No more,’’ given the Republican ma- face defeat. Let us examine nominees to see that jority’s refusal to accord a Democratic The Senate’s voting to reject a nomi- they have, in Blackstone’s words, ‘‘su- President the very deference that Re- nee to the Cabinet has been an even periority of . . . abilities’’; let us see publicans now seek. more exceedingly rare event. Over the that they are ‘‘most able to execute’’ I want to make clear the manner in entire history of the Senate, the Sen- the offices for which they are nomi- which I have evaluated both of the con- ate has voted to reject only 9 nomina- nated. troversial nominees before this body, tions to the President’s Cabinet. The Let us thoroughly investigate nomi- the nominee we consider today, former Senate rejected 6 in the 19th Century, nees’ competence and experience. Let Senator Ashcroft, and the nominee who and 3 in the 20th Century. us question whether they have taken was confirmed Tuesday, Ms. Norton. I Four of the 9 Cabinet nominees re- actions that would lead us to doubt am no more comfortable with these jected were during the Presidency of their ability fully and fairly to execute votes and appointments than anyone President Tyler alone. Several other their offices. else of my personal ideological view- rejections may be said to have flowed Let us explore nominees’ integrity point. from larger battles between the Senate and ensure that they have the proper I fully understand and have heard the and the President, as when the Senate ethical bearing to administer the high pain expressed by my constituents who rejected President Jackson’s nominee trusts to which they are nominated. have strongly criticized these nomina- to be Secretary of the Treasury in the And yes, let us guard against approv- tions and who devote their time and wake of the dispute over the Bank of ing the nomination of an individual thought to building broader public sup- the United States. Similarly, bad feel- who stands so far at variance with the port for an end to all forms of discrimi- ings after the impeachment of Presi- core values of this Nation—values of nation or for reproductive rights or for dent Andrew Johnson led to the Sen- freedom, democracy, and equality— an environmentally sound energy pol- ate’s rejection of President Johnson’s that we cannot realistically imagine icy or for wildlands protection. I must nomination of his counsel in the im- the nominee’s being able to carry out work hard every day on issues affecting peachment trial to be Attorney Gen- the duties of an office in our American the public interest and public welfare, eral. government. That will necessarily be a and, in order to move a progressive In the 20th Century, the Senate re- subjective judgment, but plainly a le- agenda forward I must sit and listen jected half as many Cabinet nominees gitimate one. and talk with those who deeply and as it did in the 19th Century. In the But let us conduct our investigation profoundly disagree with me. These wake of the Teapot Dome scandal, the in matters such as these that involve nominees and I do not agree on a num- Senate voted down President Coo- the lives and reputations of other peo- ber of issues. But the question that this February 1, 2001 CONGRESSIONAL RECORD — SENATE S1005 body faces, and that I face as a member will cast my votes on nominations he on policy and legislation. In many of it, is broader than whether or not we proposes according to these principles, cases, his legislative agenda was not are having a referendum on the ideo- and hope that the President and the one that I thought helped or protected logical views expressed by these nomi- majority will return the favor, and West Virginia’s working families, sen- nees. work together with us in a truly bipar- iors and children. But, again, my test I have reflected and given thought to tisan manner. for Attorney General is not whether I the deeper historical and philosophical Mr. ROCKEFELLER. Mr. President, share John Ashcroft’s views on any roots of the process of the Senate giv- the United States Constitution ex- particular issue or matter. ing ‘‘advice and consent’’ to Cabinet pressly grants to the Senate the pre- I have great respect for John nominees. In this history of the Sen- rogative, responsibility, and duty to Ashcroft as a person of deeply held reli- ate’s treatment of Cabinet nomina- determine its ‘‘advice and consent’’ to gious beliefs, and his particular faith is tions, deference is an important prin- the nominations of all Presidents. This of no consequence for me in this deci- ciple. Lack of that deference on nomi- is an important, even awesome man- sion. In fact, I have been personally of- nees can result in a confirmation proc- date, and one no Senator takes lightly. fended by a few who suggest that some- ess that is undignified for the country, While the Senate’s constitutional role one’s religion might be a consideration unlikely to produce outstanding public is plainly much more than a mere rub- in this or any other decision I make. I servants, and unable to advance the de- ber stamp, the President also should be unequivocally reject that type of bate on matters of public policy. given wide latitude in the people he thinking and believe my own long I am attempting by these votes to as- chooses to run our government with record proves otherwise. sist in restoring the Senate’s credi- him. John Ashcroft has been honest in his bility and trust, and I will use the pow- Over the last several weeks, I have convictions and his principles, and he ers of my office to make certain these voted to approve all but one of Presi- has fashioned his public life working to nominees live up to the views they dent Bush’s cabinet nominations. I advance his firmly held beliefs. He is a have expressed to this body under oath. have done so because, on the whole, I man of strong, unbending ideology—so And let me underscore that I have believe his nominees are an impressive, unbending, in fact, that this is what risen today to address nominations to diverse, and well-qualified group who makes him the wrong choice for Attor- the Cabinet, who will serve for a term reflect the broad spectrum of Amer- ney General. I have plainly seen in of years, and whom we should consider ica’s philosophical and cultural back- John Ashcroft a basic inability to com- under a far looser standard than that grounds. promise or to reach out to those with we should apply to judges and certainly Of course, without exception, they opposing or different points of view. justices, who will serve for life. appear to represent the views of the The problem is not John Ashcroft’s But I fear that in the process of giv- new President who nominated them. ideology. It is the fact that he never ing its advice and consent with regard Beyond their fundamental ability to do seems able to look beyond that ide- to nominations to the President’s Cabi- the job, their views and ideologies have ology to respect and encompass others’ net, the Senate is positioning itself to been of little consequence to my deci- equally strong beliefs and convictions. head down a road to a dangerous place. sions. Instead, an important additional There is nothing in his long history of Let us decide not to go down that road. characteristic I have looked for, par- public service to suggest he can rise to Let us not go down the road to where ticularly at this time in our nation’s the challenge of being a uniter, some- those who seek public office must all history, is a proven ability to bring one who can compromise when nec- their life avoid any forceful public ut- people together. I seek nominees who essary to bring us all together. terance. will welcome diverse points of view and Furthermore, I have heard John Let us not go down the road to where ideas and who will lead in building con- Ashcroft’s promise to uphold and en- young people—college students and sensus. In that vein, I have given my force our laws, and I take him at his graduate students—will fear to experi- full support to 18 of the cabinet nomi- word. But the question of his nomina- ment with new ideas. nations sent to the Senate by Presi- tion and the role of Attorney General Let us not go down the road to where dent Bush this year. are not that simple. If they were, then expression is squelched and thoughts The nominee before us today, how- every person nominated to a position are stifled. ever, is not one I can support. charged with upholding the law would Let us not go down the road to that The United States Attorney General be approved—every judge, every U.S. arid place where public discourse is has a particularly compelling and im- Attorney, every Cabinet Secretary. barren because no public leaders dare portant role, as evidenced by this vig- Reasonable people have honest dis- write articles declaring their views. orous debate. The Attorney General is agreements about what the law says Let us not go down the road to where known as the President’s legal advisor and how to apply it in different situa- Senators fear to take a position, make and the people’s lawyer. He or she is tions. The law is not always precise, a statement, or cosponsor a bill on a charged with leading our nation in in- and the path to justice is not always controversial issue, like the death pen- terpreting, enforcing, and upholding clearly marked. alty—one way or the other—just to our laws. He must be a person who em- The Attorney General instead has a avoid a confirmation fight. bodies balance and evenhandedness, so great deal of discretion, and he must Let us not go down the road to that that all of our citizens feel fully and bring to that discretion his own stand- frozen place where the Senate’s nomi- fairly represented by his actions. He ards, experiences and beliefs. Deciding nation process imposes a deep chill must be able to contribute in a mean- which cases to defend and which to over political discourse among all who ingful way to the great challenge of prosecute, which judges and proposed would someday hold office. uniting our nation. That is my test for changes in the law to support and And let us not go down a road to this nomination. which to oppose, where to dedicate lim- where in order to serve our Country, Former Senator John Ashcroft is a ited resources and where to cut back one must become like milk toast, like man that I have come to know here in all are tasks that call for objectivity, Pablum. the United States Senate. I have served balance, and leadership. Rather, let us work together in this with him on the Senate Commerce Mr. President, after carefully review- government, working with vigorous Committee and spent many hours ob- ing all of the facts and circumstances, minds who may sometimes have vig- serving and participating with him in and after lengthy personal reflection, I orous opinions. debate. Throughout his service here, am not convinced that John Ashcroft The American People expect this and earlier as Governor and Attorney can do the job of Attorney General Senate and this government, divided as General in the State of Missouri, he without returning to his life-long rejec- it is, to govern. We owe them no less has shown a strong moral compass and tion of moderation and conciliation. than to try to do so. passionately held views about what he John Ashcroft proudly judges issues Now is not too soon to start. I extend wants for our country and its citizens. and people on the basis of his own to President Bush the hand of coopera- As Senate colleagues, we have some- strong ideology. Time and again I have tion as he begins his administration. I times agreed, and more often disagreed seen John Ashcroft show hostility and S1006 CONGRESSIONAL RECORD — SENATE February 1, 2001 insensitivity toward those who dis- start of my political career. For exam- laws and the role of the Attorney Gen- agree with him or who hold ideals and ple, I coauthored the measure in the eral as the enforcer of laws. Once Sen- values that differ from his. He has Territorial Legislature of Hawaii that ator Ashcroft places his left hand on never hesitated to use his views as a abolished capital punishment, and from the Bible and swears to uphold the laws test to judge others. This uncompro- that time forward, no convicted crimi- of the United States, he will be re- mising approach is not what I think nal in Hawaii has been put to death. quired to enforce even those laws about our country wants and expects from its Senator Ashcroft does not share my which he harbors serious reservations. leaders. views on this subject. Indeed, as Gov- Not only that, but given the fact that I do not stand in judgment of my ernor of Missouri, Senator Ashcroft John Ashcroft is a deeply religious former Senate colleague, but I must re- took the position that the death pen- man, that solemn vow, I am sure, will ject his nomination for Attorney Gen- alty was appropriate for teenagers, and not be taken lightly by him. Let me eral. denied that there is any racial dis- quote Senator Ashcroft’s own words on Mr. INOUYE. Mr. President, I had parity in the application of the death that subject: ‘‘As a man of faith, I take every intention to once again, as I have penalty. I do not share these beliefs, my word and my integrity seriously,’’ done in the past, support the Presi- and I think that Hawaii’s experience he said. ‘‘So, when I swear to uphold dent’s choice of Cabinet members. The with the death penalty points to oppo- the law, I will keep my oath, so help President was elected, he selected his site conclusions. me God.’’ Further, during his confirma- team, and his choices should be re- Knowing these and the many other tion hearings, he stated that he under- spected. In the case of former Senator aspects of Senator Ashcroft’s record stands this obligation and fully intends John Ashcroft’s nomination as the U.S. that have come to light in recent days, to honor it. For example, he indicated Attorney General, the President’s I have some difficulty seeing him as that he ‘‘will vigorously enforce and choice will be respected by a majority the next U.S. Attorney General—so defend the constitutionality’’ of the vote of the Senate. However, if I sup- much difficulty that I believe I must law barring harassment of patients en- ported the nomination of Senator exercise my Senatorial right of advice tering abortion clinics, despite any Ashcroft, my vote may be misunder- and consent and cast my vote in oppo- misgivings he might have about that stood not only by my supporters and sition to the nomination to make sure law. constituents, but by many others. the record is clear. I take him at his word. Although, I It should also be noted that the Con- Mr. BYRD. Mr. President, I daresay do not agree with all of Senator stitution reserves to the Senate the that each of us has received an enor- Ashcroft’s views, I have no cause to power of advice and consent as to the mous amount of correspondence about doubt Senator Ashcroft’s word or his President’s nominations. I hope that the nomination of Senator John sincerity regarding his fealty to an my opposition, together with the oppo- Ashcroft to be Attorney General of the oath he will swear before God Al- sition of several of my colleagues, will United States. The favorable cor- mighty. It would be an act of supreme advise the President of our concerns as respondence tends to emphasize sup- arrogance on my part to doubt his in- to his nomination of Senator Ashcroft. port for the Senator’s policy priorities tention to honor such an oath. I will As a person, my experience in serving and appreciation of his reputation for not prejudge him in such a manner. with Senator Ashcroft has been a posi- honesty and integrity. The unfavorable Given Senator Ashcroft’s back- tive one, but I have found myself on correspondence tends to emphasize ground, the position to which he has most occasions casting my vote in dis- concern about the Senator’s policy pri- been nominated, and his assurances to agreement with Senator Ashcroft. For orities and disapproval of the standards the Senate that he will faithfully up- example, he is for the death penalty; I he applied, as Senator, to the disposi- hold the laws of the United States, I am against the death penalty. He sup- tion of Presidential nominations. believe he should be confirmed. ports doing away with abortion; I am We must begin by deliberating on the Mr. HATCH. Mr. President, as we for freedom of choice. I have also ex- standard to be applied to confirmation prepare to close debate on the nomina- amined Senator Ashcroft’s record away decisions. The Constitution merely tion of our former colleague, Senator from Capitol Hill, and I have found states that the President shall appoint John Ashcroft to be the Attorney Gen- that his actions have been consistent public ministers with the ‘‘advice and eral for the United States, I want to with the views he held when we were consent’’ of the Senate. This is not a first thank a few people. First, let me colleagues on the floor of the Senate. specific standard, nor even a mandate thank Senator LEAHY, the Ranking Senator Ashcroft’s actions in the to review particular features of a nomi- Democrat Member on the Judiciary area of civil rights raise questions as to nee’s background or capabilities. Rath- Committee. He faced a difficult task in his commitment to preserving the civil er, we are enjoined to employ our judg- organizing the hearing for this nomina- rights of all Americans. As the Gov- ment, a faculty which—however much tion and working for a fair process. I ernor of Missouri, Senator Ashcroft ve- we may lament it—focuses on different want to express my gratitude to him toed bills designed to ensure the equal factors in considering nominees for dif- and commend his staff, including the treatment of African American voters. ferent public offices and varies its ap- Minority Chief Counsel, Bruce Cohen, As the Attorney General of Missouri, proach in response to the needs of the Senator LEAHY’s General Counsel, Senator Ashcroft actively obstructed times. Thus, when it comes to our duty Beryl Howell, Mary DeOreo, Natalie the voluntary desegregation plan for to provide advice and consent on cabi- Carter, and others. the City of St. Louis. net nominations, we are plainly in an I would also like to thank the other Similarly, Senator Ashcroft’s record area where reasonable minds can differ, members of the committee for their on reproductive rights causes me some not only about the criteria, but even diligence regarding this matter. In par- concern. Throughout his political life, about the proper result given par- ticular let me thank Senator KYL who Senator Ashcroft has believed that ticular criteria. No amount of pressure has been a tremendous advocate in the there is no constitutional right to politics—and no slickly packaged talk- effort supporting this nomination, and abortion, and has worked to overturn ing points—can alter this fundamental let me also mention Senator SESSIONS Roe v. Wade by State and Federal leg- fact. for his hard work in behalf of the nomi- islation and by constitutional amend- I do not subscribe to the view that, nation. ment. Senator Ashcroft’s persistent ef- barring the taint of criminality or dis- I also want to commend those Sen- forts to limit reproductive rights as honesty, the President is entitled to ators on the other side of the aisle, who Missouri’s attorney general and Gov- have his nominations confirmed. I do despite intense pressure from and re- ernor, and as a U.S. Senator suggest subscribe to the view that law enforce- lentless lobbying by a number of left- the policies he might endorse as the ment officials of good will and ability wing groups have stood up for what U.S. Attorney General. can separate their policy preferences they believed was right and announced I realize that I may be in the minor- from the performance of their official their support for this nominee. I espe- ity in my opposition to the death pen- duties. cially want to express to my colleague alty, but I have been against execution There is a distinct difference between on the Judiciary Committee, Senator as a criminal punishment since the the role of a Senator as the drafter of FEINGOLD, how much my respect for February 1, 2001 CONGRESSIONAL RECORD — SENATE S1007 him has grown watching him speak in undermine a truly good man. Some can argue about why that is. But we support of and cast his vote for John things have been done throughout this have come to it, and now we are ready Ashcroft. I know that he has been tar- process that were outside the bounds of to vote. geted by petitions and email cam- policy debate, beyond what is decent Only nine times in our history has paigns orchestrated by People for the and right. In the zeal to take a polit- the Senate defeated one of the Presi- American Way and others to pressure ical stand against this nominee for dent’s nominees for his Cabinet and him, but he has not buckled, and I con- whatever reason, I believe there have only once since 1959. When I was a new gratulate him for his courage to take a been numerous charges, innuendos, and Senator in 1989, I observed what I principled stand. distortions that were neither fair nor thought was a terrible miscarriage of I would also like to thank the Ad- accurate. I have tried to help rebut justice against former Senator John ministration and Transition staff who these charges, but they ought not to Tower. John Tower should have been worked on this matter. And let me also have been made. Secretary of Defense. I was really dis- thank my Committee staff who worked Despite these attacks, I do not be- appointed in how he was savaged and literally around the clock to assist me lieve this good man, this man of deep how some of his colleagues in this body and my colleagues in moving this nom- faith and conviction, will take offense treated him. ination forward. I believe everyone on or hold grudges. I believe he will do Only one time in 40 years have we the committee staff has worked tire- what he has promised to do. He will be not confirmed the President’s nomina- lessly, but let me especially recognize inclusive, forthright, and he will follow tion for a Cabinet position, and that, I the Committee’s Chief Counsel, Sharon the law. He will be an Attorney Gen- am convinced, was a terrible mistake. Prost, the Committee’s Staff Director, eral for all the people and be an Attor- Today we will confirm former Sen- Makan Delrahim, our fine and able ney General of whom we can all be ator John Ashcroft to be Attorney Gen- counsels, Shawn Bentley, Stephen Hig- proud. I know he will because I know eral. That is as it should be. gins, Ed Haden, Rhett DeHart, Gary John Ashcroft, as most of us do. I know I have been disappointed by this Malphrus, Rita Lari, Lee Otis, Neomi nomination’s process through the Judi- Rao, Rene Augustine, Pat O’Brien, he is well-prepared. And I know when he promises to discharge his duties ciary Committee, and to a degree here, Larry Block, Alex Dahl, Jeff Taylor, although less so on the floor of the Leah Belaire, and John Kennedy, and faithfully, to uphold the law and Con- stitution, enlisting the help and wit- Senate. I thought the rhetoric got too our valued staff members, Amy Hay- hot. It did get into the range of being wood, Kent Cook, Jessica Caseman, ness of God to do so, he means it, and unfair. But I don’t think we should let Swen Prior, and Jared Garner, and of he will do it. that permanently alter the atmosphere course our most able press staff, who I look forward to working with him we have tried to set in the Senate. kept us informed of the smear cam- to help make our nation safer, more I have tried to get through some paigns, Jeanne Lopatto and Margarita just, and more in line with our found- items that would allow us to move for- Tapia. They all worked together as a ing principles, embodied in our Con- ward in a positive vein. team with numerous others, including stitution. His job is largely about mak- I think congratulations also would be Senator GRAMM’s staff, Senator BOND’s ing our nation more safe and free. I am in order, and certainly a word of appre- staff, as well as the able staff of the glad we will have an Attorney General ciation for the leadership on the Demo- Senate Leadership, particularly Dave who will work toward that goal. cratic side of the aisle. Senator Hoppe and Robert Wilkie of Senator I yield the floor. DASCHLE has tried to help get us LOTT’s staff and Stewart Verdery of Mr. President, I suggest the absence through this nomination. He made it Senator NICKLES’ staff. of a quorum. clear that he would not participate in a Now let me turn to the nomination The PRESIDING OFFICER. The itself. Mr. President, I believe we are clerk will call the roll. filibuster. I do not recall in the 30- about to confirm one of the most quali- The legislative clerk proceeded to something years I have been watching fied candidates for the office of Attor- call the roll. the Senate very closely a Cabinet nom- ney General that we have ever had. Mr. LOTT. Mr. President, I ask unan- ination being filibustered. It would be a John Ashcroft has superb credentials, imous consent that the order for the terrible precedent. He spoke out, say- and he is well-prepared to be Attorney quorum call be rescinded ing he wouldn’t do it, that he wouldn’t General. In addition to graduating The PRESIDING OFFICER. Without support it. To those who said we from one of our finest law schools, here objection, it is so ordered. shouldn’t have a filibuster, I say thank is a man who has almost 30 years of Mr. LOTT. Mr. President, parliamen- you for that. public service to this country—eight tary inquiry: Have the yeas and nays There will be those who will speak years as attorney general of his state been ordered? out about what this vote means, if it is of Missouri, during which time he was The PRESIDING OFFICER. They not 60 votes, or if it is 69 over 61, or elected by his peers, the 50 state attor- have not been ordered. whatever it may be. I think that will neys general, Democrats and Repub- Mr. LOTT. I ask for the yeas and be a futile waste of time. I don’t think licans, to become the president of the nays on this vote after my closing re- we should read anything into it. This National Association of Attorneys Gen- marks. nominee is going to be confirmed, and eral. Then he was twice elected gov- The PRESIDING OFFICER (Mr. FITZ- he should be. The President of the ernor of Missouri, and again elected by GERALD). Is there a sufficient second? United States, George W. Bush, is enti- his peers, the 50 state governors, to There is a sufficient second. tled to have his selection to be Attor- head the National Governors Associa- The yeas and nays were ordered. ney General. tion. And then he was elected by Mis- Mr. LOTT. One other inquiry: Has all I want to say also that I know John sourians to serve with us here in the time been used except for the time re- Ashcroft. I know him as a man. I knew United States Senate, where we all served for the majority leader? him as a Senator. I knew him as a close came to respect him for his work ethic The PRESIDING OFFICER. That is personal friend, and I knew him as a and his integrity. correct. member of the Singing Senators as we As a matter of fact, I don’t know of Mr. LOTT. Mr. President, I want to sang all across this country together. I one Senator in the whole United States begin by assuring all of my colleagues have been in his home. I know his wife. Senate who would disagree with the that I will not use the entire 15 min- I know his children. I know his con- statement that this is an honorable utes, so we can begin the vote hope- stituents. I have been all over Mis- man of integrity. When he says he’ll do fully 5 or 10 minutes early. Senators souri. He has been in my home. He something, he’ll do it. I don’t know need to be aware of that so they can knows my friends, and we have been to- anybody, who, knowing his record and come and begin the vote within the gether in many instances. I don’t know his life, who would conclude that John next 10 minutes. this person who has been described in Ashcroft is anything but one of the fin- Mr. President, this nomination has some of the debate; some of these alle- est people they’ve every met. not been an easy one for the Senate Ju- gations about things he did, or didn’t But during this process, I think that diciary Committee or the Senate to do, or whether or not he is a man of his we have seen some attempts here to deal with without some difficulty. You word. I do not know that person. I S1008 CONGRESSIONAL RECORD — SENATE February 1, 2001 know John Ashcroft. I know the man and partisan stuff behind us and deal Rule XXVI, paragraph 2, of the Stand- who served in this Chamber. I know his with real issues. I don’t think insur- ing Rules of the Senate, on behalf of abilities, his education, and his quali- mountable damage has been done. I be- myself and Senator BYRD I ask unani- fications. I don’t think there has ever lieve we can build on the other things mous consent that a copy of the Com- been a more qualified person by back- we have done in the last month. mittee rules be printed in the RECORD. ground, education, and experience to be Mr. President, I yield the floor. There being no objection, the material was Attorney General than John Ashcroft. The PRESIDING OFFICER. The ordered to be printed in the RECORD, as fol- lows: I remember 8 years ago, when I voted question is, Does the Senate advise and to confirm the previous Attorney Gen- consent to the nomination of John SENATE APPROPRIATIONS COMMITTEE RULES 107TH CONGRESS eral, thinking that this nominee was Ashcroft of Missouri to be Attorney I. Meetings not qualified, and I think she proved it. General of the United States? The yeas The Committee will meet at the call of the But I voted for her because I thought and nays have been ordered, and the Chairman. President Clinton was entitled to his clerk will call the roll. II. Quorums nominee at that point. The legislative clerk called the roll. 1. Reporting a bill. A majority of the mem- So we have a man who is qualified. The result was announced—yeas 58, bers must be present for the reporting of a But it is more than that. John Ashcroft nays 42, as follows: bill. is a good man of high veracity and who [Rollcall Vote No. 8 Ex.] 2. Other business. For the purpose of transacting business other than reporting a will keep his word. YEAS—58 Senator BYRD said yesterday, I be- bill or taking testimony, one-third of the Allard Ensign Miller lieve, in his speech that he has made a members of the Committee shall constitute Allen Enzi Murkowski a quorum. commitment he is going to uphold the Bennett Feingold Nelson (NE) 3. Taking testimony. For the purpose of law. What more should we want: A Bond Fitzgerald Nickles Breaux Frist Roberts taking testimony, other than sworn testi- pound of flesh? Brownback Gramm Santorum mony, by the Committee or any sub- I realize this is all about other Bunning Grassley Sessions committee, one member of the Committee or things. That is OK. But it is unfair to Burns Gregg Shelby subcommittee shall constitute a quorum. this man. Byrd Hagel Smith (NH) For the purpose of taking sworn testimony Maybe the ravens will be heard never Campbell Hatch Smith (OR) by the Committee, three members shall con- Chafee Helms Snowe stitute a quorum, and for the taking of more. But forevermore you can quote Cochran Hutchinson Specter me on this and remind me on this. Collins Hutchison Stevens sworn testimony by any subcommittee, one member shall constitute a quorum. John Ashcroft will go on to be one of Conrad Inhofe Thomas Craig Jeffords Thompson the best Attorneys General we have III. Proxies Crapo Kyl Thurmond Except for the reporting of a bill, votes ever had. He will be conscientious. He DeWine Lott Voinovich may be cast by proxy when any member so will show capability. He will be sen- Dodd Lugar Warner Domenici McCain requests. sitive. He will be honest. He will en- Dorgan McConnell IV. Attendance of staff members at closed ses- force the laws—some laws that have sions NAYS—42 been ignored the last 8 years—and Attendance of Staff Members at closed ses- maybe there are some people who are a Akaka Durbin Lieberman sions of the Committee shall be limited to Baucus Edwards Lincoln little nervous about that. But, as we Bayh Feinstein Mikulski those members of the Committee Staff that say in all kinds of different circles in Biden Graham Murray have a responsibility associated with the America, I am here to vouch for their Bingaman Harkin Nelson (FL) matter being considered at such meeting. man. I vouch for John Ashcroft. I will Boxer Hollings Reed This rule may be waived by unanimous con- Cantwell Inouye Reid stand by him. And you mark my words, sent. Carnahan Johnson Rockefeller V. Broadcasting and photographing of Com- he will go on to be a great and valuable Carper Kennedy Sarbanes mittee hearing Attorney General. Cleland Kerry Schumer So let’s move on. Let’s work to- Clinton Kohl Stabenow The Committee or any of its subcommit- Corzine Landrieu Torricelli tees may permit the photographing and gether, as I know we can do. Daschle Leahy Wellstone broadcast of open hearings by television and/ I accept the olive branch extended by Dayton Levin Wyden or radio. However, if any member of a sub- Senator RUSS FEINGOLD. That is what The nomination was confirmed. committee objects to the photographing or he said. I extend the olive branch to The PRESIDING OFFICER. In my broadcasting of an open hearing, the ques- show a willingness to work together capacity as a Senator from the State of tion shall be referred to the Full Committee and reach across the aisle and across Illinois, I ask unanimous consent that for its decision. all the other things that could divide the motion to reconsider be laid upon VI. Availability of subcommittee reports us. He showed courage. I will not forget the table and the President be imme- To the extent possible, when the bill and it. In fact, I think I maybe didn’t for- report of any subcommittee are available, diately notified that the Senate has they shall be furnished to each member of get it in advance because we have al- given consent to this nomination, and ready worked out an agreement on how the Committee thirty-six hours prior to the the Senate then resume legislative ses- Committee’s consideration of said bill and we are going to bring up a bill about sion. report. which he cares a lot. Without objection, it is so ordered. VII. Amendments and report language But that was an important statement f To the extent possible, amendments and on his part. I accept it. We accept it. report language intended to be proposed by That is the way we should proceed. LEGISLATIVE SESSION Senators at Full Committee markups shall This new President has changed the be provided in writing to the Chairman and tone in this city. Absolutely, people Ranking Minority Member and the appro- are astounded by his willingness to MORNING BUSINESS priate Subcommittee Chairman and Ranking reach out and to listen and to be heard. The PRESIDING OFFICER. In my Minority Member twenty-four hours prior to He is meeting with everybody. He has capacity as a Senator from the State of such markups. even seen motion pictures with them. Illinois, I now ask consent that the VIII. Points of order So he is doing his part. Let us make Senate be in a period for morning busi- Any member of the Committee who is floor sure the Senate does its part. ness. manager of an appropriation bill, is hereby Vote for John Ashcroft. You won’t authorized to make points of order against Without objection, it is so ordered. any amendment offered in violation of the regret it. Then let’s move on to impor- f Senate Rules on the floor of the Senate to tant legislation. Let’s argue about COMMITTEE ON APPROPRIATIONS such appropriation bill. ideas. Let’s argue about how to make f education better. Let’s argue about RULES—-107TH CONGRESS how to give tax relief—‘‘return to send- Mr. STEVENS. Mr. President, the FALSE CLAIMS ACT er,’’ as the Senator from Georgia said. Senate Appropriations Committee has Mr. GRASSLEY. Mr. President, That is what the people want us to talk adopted rules governing its procedures today I want to speak about an impor- about. They want to get this vicious for the 107th Congress. Pursuant to tant issue for the taxpayers of this February 1, 2001 CONGRESSIONAL RECORD — SENATE S1009 country. The government’s strongest to do. Taxpayers deserve no less—and cling industry and its possible resolu- and most effective tool against fraud is as legislators, we should deliver no tion. After listening to him discuss the called the False Claims Act. In recent less. concerns facing the many families in years, the False Claims Act has been I ask unanimous consent that the the recycling industry, including many under attack from industries targeted January 31, 2001 letter I received from Arkansas families, it was easy for me, by the government’s anti-fraud efforts. Senator Ashcroft be considered as read a farmer’s daughter, to identify with a Since 1986, when Congress passed and printed in the RECORD. key concern facing them. That is, cer- amendments that I sponsored to tough- There being no objection, the mate- tain government policies were, inad- en the law than $4 billion has been re- rial was ordered to be printed in the vertently, having the effect of causing covered through the False Claims Act. RECORD, as follows: many recycling families to wonder Hundreds of billions more in fraud have JANUARY 31, 2001. whether they should remain with their been saved through the deterrent effect Hon. CHARLES GRASSLEY, businesses. that this law has upon those who would U.S. Senate, That dinner was the beginning of a betray the public’s interest. Washington, DC. long and fruitful relationship between In addition to the recovery of money DEAR SENATOR GRASSLEY: Thank you for me, Dr. Cutler, and the entire scrap re- and the deterrent effect of this law, the your letter of January 30, 2001, concerning cycling industry. Herschel Cutler’s ear- False Claims Act is important for an- the qui tam provisions of the False Claims Act. I believe that the False Claims Act and nest integrity convinced me that the other, perhaps, more important reason. the qui tam provision in particular are vital recyclers’ cause was worth fighting for. The fact is that the False Claims Act is tools in combating government fraud and I began that fight in 1993. It ended in being used, day after day, by prosecu- abuse. I fully support vigorous enforcement 1999, after I teamed up with Senators tors to maintain the integrity of of the law. DASCHLE and LOTT, BAUCUS, and countless federal programs funded by Tackling government fraud and abuse CHAFEE to amend the Superfund law to American taxpayers. For example, the through the False Claims Act will be an im- correct a mistake directed at recyclers False Claims Act is being used in the portant priority for the Justice Department. that nobody had intended. health care industry to ensure that Indeed, I expect that the sustained efforts of the Justice Department will in some respects Dr. Herschel Cutler and I have been nursing home residents receive quality lessen the need for (but not the importance fast friends ever since. As he retires on care. of) private attorneys general acting pursuant January 31, 2001, I cannot thank him Included in the anti-fraud arsenal of to the qui tam provisions of the Act. I can enough for his guidance and his counsel the False Claims Act is a provision also assure you that I will defend the con- to me over the years since we first met. called qui tam. Qui tam is a concept stitutionality of the Act, like all Acts of He is truly a modest man of great wis- that dates back to feudal times. It al- Congress, if it is challenged in the courts. dom, integrity and intellect. Upon his lows private citizens who know of fraud Finally, I assure you that I will not sup- retirement the Washington association port efforts to weaken the Act, and indeed, against the taxpayers to bring a law- community is much the poorer. And suit against the perpetrators. In other will support efforts to strengthen the Act and ensure that the Justice Department with his counsel absent from the daily words, the citizen acts as a partner plays a critical role in targeting government give and take of public policy discus- with the government. As an incentive, waste and abuse. sions in the Congress, so are all of his the citizen shares in any monetary re- I look forward to working with you on many friends in both houses. covery to the U.S. Treasury. Over the these issues. Herschel, I wish you the best fishing, decades, the False Claims Act, and es- Sincerely, reading, writing, and teaching in your pecially the qui tam provisions, proved JOHN ASHCROFT. retirement. I’m sure your legions of to be effective, both in catching and de- f friends would agree, your friendship terring fraud. has been a blessing to us all.∑ In considering the nomination of my ADDITIONAL STATEMENTS former colleague, Senator John f Ashcroft, for the position of Attorney General of the United States, I asked RETIREMENT OF HERSCHEL TRIBUTE TO MAJOR GENERAL about his support for False Claims Act CUTLER TIMOTHY P. MALISHENKO, USAF and the qui tam provisions. Senator ∑ Mrs. LINCOLN. Mr. President, I rise ∑ Mr. DEWINE. Mr. President, I rise Ashcroft’s January 31, 2001 letter today to acknowledge the retirement today to pay tribute to Major General assures me that he will not support ef- of Dr. Herschel Cutler from the Insti- Timothy P. Malishenko, USAF, upon forts to weaken the Act, and will sup- tute of Scrap Recycling Industries, his retirement from the United States port efforts to strengthen it. This ISRI. Dr. Cutler, ISRI’s former Execu- Air Force after more than 32 years of pledge of support will ensure that the tive Director, spent the last 33 years of distinguished and dedicated service to Department of Justice plays the crit- his life teaching the Nation, including our Nation. ical and necessary role of targeting the Congress, about the environmental A son of Ohio, Tim Malishenko grew government waste and abuse. Senator and economic benefits of recycling. In up not far from my Greene County Ashcroft assures that he will support the course of his tenure, ISRI has be- neighborhood, where his mom and dad ‘‘vigorous enforcement of the law’’ and come a highly respected trade associa- were customers of my family’s seed, ‘‘will defend the constitutionality of tion known for its dedication to both grain, and lumber business. After grad- the Act.’’ I appreciate Senator environmental protection and private uating from Fairborn High School, he Ashcroft’s support for the False Claims sector entrepreneurialism. He had a went on to The Ohio State University, Act. He is a man who is dedicated to wonderful knack for hiring extraor- where he earned a degree in business enforcing the laws of this country and dinary staff. And, by example, Herschel and honors as a distinguished ROTC understands the importance of the taught them to do their homework, ac- graduate. This marked the beginning of False Claims Act. quire a deep understanding of their what developed into an extraordinary All in all the history of the assault issues, keep their standards high, de- Air Force career, in which Tim rose to on the False Claims Act sends us on a velop reasonable solutions to problems the pinnacle of the complex and de- long and winding road. The False and, with regard to public policy, to manding world of Defense acquisition. Claims Act is, and will remain, a target never overreach. As a young officer, Tim Malishenko of those industries and accept billions Herschel Cutler is not an Arkansan. served in a variety of contracting and and billions of taxpayer dollars annu- But, shortly after my first election to contract-administration assignments ally and balk at strict accountability. I serve as a member of the other body, I related to major programs, including ask only that we, as legislators, re- met him over dinner through fellow Ar- the Polaris and Poseidon missiles and member the historical and current as- kansans whose family recycling busi- the F–15 Radar. His organizational and saults made upon the False Claims Act. ness was an ISRI member company. crisis-management skills came to the I ask further that we agree to be strong During that dinner Herschel gave me a fore during the 1974 oil embargo, when, despite the strength of an industry, succinct but thorough description of a as a charter member of the Air Force simply because it is the ‘right’’ thing serious dilemma facing the scrap recy- Energy Management Division, he S1010 CONGRESSIONAL RECORD — SENATE February 1, 2001 worked tirelessly to mitigate the ef- Whether he was behind the desk in a ished a remarkable five-year term as fects of the supply disruption and safe- major program office, on a contractor’s Commissioner of the U.S. Bureau of guard America’s military readiness. plant floor, in a NATO council room, or Reclamation. As the first Commis- From there, Tim went on to work in ‘‘in the door’’ about to parachute into sioner to serve in two different cen- classified space and satellite programs. the open skies, Tim Malishenko served turies, Mr. Martinez assumed control He graduated from the Armed Forces with valor, loyalty, and integrity. On over the nation’s second largest whole- Staff College, and, with family in tow, the occasion of his retirement from the sale water supplier and hydroelectric headed for Brunssum, The Netherlands, Air Force, I offer my congratulations producer in the country when he was where he was chief of contracting and and thanks to this esteemed son of the appointed by the President in 1995. acquisition for the NATO Airborne Buckeye state, and wish him and his A native of Cordova in Rio Arriba Early Warning and Control Programme wife, Jane, well in their future pur- County, New Mexico, Commissioner Management Agency. In the NATO as- suits.∑ Martinez was the first member of his signment, Tim demonstrated remark- f family to receive a college degree. He able tact and diplomacy in reconciling holds an undergraduate degree in civil the diverse views and priorities of 13 IN RECOGNITION OF DEBRA L. engineering from New Mexico State countries. FERLAND University and is a licensed Profes- Returning stateside in 1982, Tim ∑ Mr. REED. Mr. President, I rise sional Engineer and Land Surveyor. again served in a variety of contracting today to pay tribute to Ms. Debra During his tenure Commissioner and contract-administration positions, Ferland, who is being installed as the Martinez has been recognized by many including high-level management as- president of the Women’s Council of Reclamation stakeholders for his even- signments at Wright-Patterson Air the National Association of Home handed approach in addressing western Force Base, Ohio, and at Air Force Builders on February 11, 2001 in At- water and power issues. He received the headquarters in Washington, DC. Of lanta, Georgia. I would like to thank Statesman of the Year award by the particular note during this period was her for her twenty-three years of work, National Water Resources Association his extensive involvement in the re- and honor her for her achievements in November, 2000, for his diligence in search-and-development contracting within the housing industry. helping solve the chronic water short- for the advanced tactical fighter, inte- After graduating from the University ages in the western United States. He grated avionics, and high-speed inte- of Massachusetts at Dartmouth, Debra has been responsible for implementing grated circuitry—programs that set began her long and admirable career by the Bureau of Reclamation transition the stage for the information tech- working for several prominent national to a water resources agency with re- nologies and advanced avionics we property management firms, including sponsibilities for delivering project know today. Picerne Properties, First Realty Man- benefits while balancing the con- Four years ago, General Malishenko agement, and Diversified Properties. flicting demands of Reclamation’s con- was named commander of the Defense She has been a Construction Manager stituencies. Contract Management Command, an at HUD approved rehabs, consulted for Commissioner Martinez’ profes- organization of more than 14,000 people rent supplement and Section 8 pro- sionalism and expertise in his field has responsible for the management of grams, and is currently Director of gained him the respect of all members 375,000 contracts cumulatively valued Special Projects at the Ferland Cor- of Congress who have worked with him. at $100 billion. As commander, he was poration. Commissioner Martinez has been a the standard bearer for a revolution in Debra has taken an active role in the leader in privatizing Reclamation business affairs that led to the conver- industry on both a state and national projects wherever possible, returning sion of more than 300 business sectors level by assuming numerous leadership projects to the users who paid for to ISO 9000, to dramatic advances in roles, including local Council Presi- them. He has been an important factor paperless contracting, and to the de- dent, Membership Chair, and National in implementing legislatively man- sign and introduction of the DoD Convention Chairman. She has been ap- dated environmental requirements, and standard procurement system. pointed as a member of both the Labor trying to stretch a finite supply of The capstone of Tim’s military ca- Shortage Task Force and the National water to an ever thirsty West. Commis- reer came on March 27, 2000, when he Association of Home Builders Capital sioner Martinez has endeavored to cre- became the first director of the De- Club, and is the Women’s Council Life ate a more diverse workforce to ensure fense Contract Management Agency Director. a future supply of capable individuals (DCMA), the position he holds at the In addition to her tremendous career for the Federal government. In fact, time of his retirement. In successfully achievements, Debra has devoted her- preparing for the future is one of Com- spearheading the establishment of self to family, including her husband A. missioner Martinez’s hallmarks of DCMA, Major General Malishenko Austin Ferland, her daughter Nicole, achievement. brought to fruition a recommendation and her extended family of Fred, Debo- Before entering Federal service, put forth in 1963 by Secretary of De- rah, and four year old grandson, Ben. Eluid Martinez retired as the State En- fense Robert McNamara’s Project 60, She is a chef and an avid golfer, and gineer for New Mexico. He has served which called for the eventual creation has displayed her commitment to her as Secretary of the New Mexico Inter- of a separate Defense agency respon- local community through Habitat for state Stream Commission, as the New sible for contract management. Humanity, the Lincoln School for Mexico Commissioner to six Interstate Under the general’s direction, DCMA Girls, and the Tomorrow Fund. Compact Commissions, and as a mem- has emerged as a Combat Support The citizens of Rhode Island are in- ber of the New Mexico Water Quality Agency—one that has markedly trans- deed fortunate for Debra’s many con- Commission. He has held executive po- formed contractor battlefield support, tributions and for her ongoing commit- sitions in 12 regional and national as fully evidenced by DCMA’s role in ment to creating housing opportunities water associations, but, as the parent facilitating optimal support to our both within our state and nationwide. I of three children, took the time to run troops in Bosnia and Kosovo. He also congratulate her on the leadership role for and serve as President of the City left an indelible mark on DoD’s con- which she is about to undertake and of Santa Fe School Board. tinuing Revolution in Business Affairs, know that she will continue her good Filling many positions over a 27 year ushering DoD into an era of paperless work for years to come.∑ career in the State Engineer’s office, contracting and electronic business f Eluid Martinez developed many skills processes. The inception of DCMA is a that served him well as Commissioner living testimonial to Tim Malishenko’s SALUTE TO ELUID L. MARTINEZ, of the Bureau of Reclamation. His serv- exemplary leadership, professionalism, COMMISSIONER OF THE BUREAU ice in New Mexico started with the and unbounded energy. It is indeed a OF RECLAMATION State Highway Department in 1968 and magnificent example of what can hap- ∑ Mr. DOMENICI. Mr. President, I wish subsequently in the State Engineer’s pen when well-tempered foresight con- to salute my fellow New Mexican, Office included positions as Chief of the verges with present-day diligence. Eluid L. Martinez, who has just fin- Hydrographic Survey Section, Acting February 1, 2001 CONGRESSIONAL RECORD — SENATE S1011 Chief of the Administrative Services Development Council for Southwestern The death of Bernard R. Dick this past Division, Acting Chief of the Water Use Vermont; Vermont Development Credit weekend marks the end of another distin- and Planning Section, Chief of the Corp.; Vermont Bankers Association; guished and longtime Rutland legal career. Technical Division, principal Hearing Rotary Club; Rutland Downtown De- Only recently came the deaths of two other local attorneys of note—Bartley J. Costello Examiner for the State Engineer, and velopment Corp.; Rutland County Solid and Thomas Ryan. ultimately State Engineer from 1990 to Waste; United Way; Paramount The- Bernie Dick, born in 1909 to a Rutland fam- 1994. atre; Rutland West Neighborhood ily, was a whiz at baseball at Rutland High I am proud to count as a friend such Housing; and College of St. Joseph. I School, where he made his mark as varsity a hardworking fellow native of New worked together with Tom in the effort catcher. It was a role he remembered long Mexico, who has made the most of his to restore the Paramount Theatre to after he reached adulthood, and for years he opportunities. Eluid Martinez has per- its original grandeur, and I’m so glad could be seen in the audience when the RHS formed a valuable service to the Nation he was able to witness the fruits of his baseball team played home games. labor and the recent revitalization of His education was quite varied. After grad- and especially to the people of the West uating from Rutland High he went to the in both his state and Federal positions. our historic downtown. University of Alabama. After college gradua- In addition to his extensive adminis- Stephen mentioned that Tom was tion in 1931 he studied law at New York Uni- trative abilities Mr. Martinez hails ‘‘proudest of the twelve years he served versity. He was admitted to the bar in from a rich heritage of nine genera- on the board of Rutland Hospital; Vermont in 1937. tions of woodcarvers, or santeros. He is bringing a better standard of care to As with many young men of his time, Ber- the nephew of internationally famous the Rutland Region.’’ As Chairman of nie Dick was swept up in the swirl of World Santero Woodcarver and sculptor the Senate Health Committee, I know War II. Eventually, after Pearl Harbor, he George Lopez of Cordova. that health care is one of the most im- enlisted in the Army as a private in Novem- ber 1942. Because of his law degree he was Eluid himself is also a quite talented portant issues facing our country today, and I have enormous respect for stationed in Hawaii, where by 1946 he had artist and I was very honored to have reached the rank of captain. received several of his beautiful draw- those individuals working hard on the In Hawaii he became chief of the claims di- ings. The fact that Eluid’s sculptures, local level to improve the lives of pa- vision of the central Pacific area, and for his lithographs, and prints reside in the tients and their families. work received the ‘Army Commendation permanent collections of the Smithso- Stephen stated that Tom ‘‘was in- Ribbon.’ The citation said, in part: ‘He re- nian Institution’s American Art Mu- volved in politics, but he was not polit- viewed and made recommendations for the seum, the Colorado Springs Fine Arts ical.’’ He ran for lieutenant governor in payment, disallowance or collection of al- 1982, state senate in 1990, and was ap- most 1,000 claims. So expert were his deci- Center, the Denver Art Museum and sions that no claim reviewed by him and sub- other major collections adds to and pointed to the state transportation board in 1991. In every political endeav- sequently appealed has been reversed. He broadens his legacy to the United demonstrated a high degree of professional or, Tom was passionate but respectful, States and his home state of New Mex- skill and efficiency.’ ico. tough but civil. After his honorable discharge in 1946, Dick My wife, Liz, knew Tom’s lovely wife, Eluid will be a tough act to follow returned to Rutland and resumed his prac- Mary, through their mutual interest in and I hope that his successor will have tice in the law firm of Bove, Billado and quilting. Liz used to tell me how Tom an understanding of western water Dick. It was an active law firm in many was an avid gardener, constantly im- fields, including politics. The senior partner, issues and will continue working to proving the landscape surrounding Peter A. Bove, was an active supporter of achieve a balance between New Mexi- their house and tending to his gardens. Gov. Ernest W. Gibson and U.S. Sen. George co’s many competing interests. He loved his gardens so much, in fact, D. Aiken. Francis Billado ultimately went to I know that as he leaves the demand- that family and friends were known to the Legislature and was elected Vermont ad- ing job of Commissioner, Eluid and his jutant general, a post he held until his give him rocks for his birthday! wife, Suzanne, are looking forward to death. But Liz and I both know that his In legal practice Dick was the one who spending more time in our beautiful greatest love was for Mary and their home state of New Mexico.∑ kept to the daily grind, but the three part- wonderful children, Stephen of Reston, ners shared ownership with some Castleton f Virginia, Kate Ryan Whittum of Inter- people to run a popular summer dance hall TRIBUTE TO THOMAS C. RYAN vale, New Hampshire, and Maura C. at Bomoseen and the Crystal Beach facility Ryan of Portland, Maine. He had his on Lake Bomoseen, among several enter- ∑ Mr. JEFFORDS. Mr. President, priorities in line and was always there prises. today I rise to pay tribute to a man of for his loved ones. In 1947 Dick was named judge of the Rut- true courage, a man of boundless com- The editorial in the Rutland Daily land Municipal Court, in line with the policy passion, and a man of great character. Herald on December 18th, stated, ‘‘If of Governor Gibson, himself a veteran, to Today, I rise to pay tribute to fellow name veterans to public posts. The munic- any single word were appropriate for ipal court system preceded the present sys- Rutland, Vermont resident and friend Tom Ryan, it would be ’kindness.’’’ For to many, Tom Ryan. tem of district courts, and there was polit- me, it would be hard to describe Tom ical guessing as to who would be named by Tom was born October 14, 1930, the in one word, for he exemplified so the governor. His Army experience served son of Charles F. and Mary Ryan. He many qualities for so many people. You him well, and Dick served four years. graduated from Mt. St. Joseph Acad- will be greatly missed, Tom, but your After the departure of Bove and Billado to emy in 1948, from Georgetown Univer- legacy will live on in our hearts, our other jobs, Bernie Dick ran his own practice sity, Magna Cum Laude, in 1952 and the minds and your work that we will for a while, and in 1949 formed a new legal association with Donald A. Hackel and Rich- Wharton School of Business MBA pro- strive to continue.∑ gram in 1955. ard A. Hull. It was the latest step in a long Bound by a sense of duty and service f and varied Rutland legal career. to country, Tom courageously served A TRIBUTE TO BERNARD R. DICK Bernie, you will be sorely missed by as a captain in the U.S. Air Force dur- ∑ Mr. JEFFORDS. Mr. President, I all those who knew you, and by an en- ing the Korean War, and later contin- stand before you today to pay tribute tire community who benefitted from ued his service in the Reserves. to Bernard R. Dick, a distinguished cit- your knowledge, hard work and many Tom was a skilled banker and a busi- izen of my hometown, Rutland, talents.∑ nessman, yet he was always more fo- Vermont, and a man who I have deeply f cused on people than on profit. In his respected and admired my entire life. I eloquent eulogy, Stephen K. Ryan thought highly of Bernie’s talent as a A TRIBUTE TO BARTLEY J. called his father, Tom a ‘‘leader,’’ and lawyer, respected immensely his serv- COSTELLO I can’t think of a more dedicated com- ice to his country, and admired his de- ∑ Mr. JEFFORDS. I rise today to pay munity leader than Tom. He served on votion to family and community. tribute to a great Vermonter and a na- numerous boards, including: the I ask that The Rutland Daily Herald tive son from my hometown of Rut- Vermont Achievement Center; editorial from January 8, 2001, be in- land, Bartley J. Costello. Vermont Children’s Aid Society; Small cluded in the record as part of this Bart will be remembered by all who Business Investment Corp.; Economic tribute: knew him for his commitment to S1012 CONGRESSIONAL RECORD — SENATE February 1, 2001 church and family, dedication to com- EXECUTIVE MESSAGES REFERRED S. 239. A bill to improve access to the munity and country, and generosity to As in executive session the Presiding Cuban market for American agricultural his fellow man. A lifelong resident of Officer laid before the Senate messages producers, and for other purposes; to the Rutland, he gave much of himself to from the President of the United Committee on Foreign Relations. By Mr. FRIST: our great city, through charities, com- States submitting sundry nominations S. 240. A bill to authorize studies on water munity organizations and Christ the which were referred to the Committee supply management and development; to the King Church. on Foreign Relations. Committee on Environment and Public Bart was educated at Holy Innocents (The nominations received today are Works. Primary School, Mount St. Joseph printed at the end of the Senate pro- By Mr. REID: Academy, the University of Vermont ceedings.) S. 241. A bill to direct the Federal Election Commission to set uniform national stand- and Albany Law School. His first job f was as a teacher at the Muddy Brook ards for Federal election procedures, change EXECUTIVE AND OTHER the Federal election day, and for other pur- School in Williston. He returned to COMMUNICATIONS poses; to the Committee on Rules and Ad- Rutland to work at Howe Scale Co. and ministration. served as the assistant Rutland City The following communications were By Mr. BINGAMAN (for himself, Mr. Treasurer before joining the U.S. Army laid before the Senate, together with DOMENICI, and Mr. CRAPO): Air Corps and serving his country in accompanying papers, reports, and doc- S. 242. A bill to authorize funding for Uni- World War II. He reached the rank of uments, which were referred as indi- versity Nuclear Science and Engineering Captain before being discharged at the cated: Programs at the Department of Energy for end of the war and returning home to EC–552. A communication from the Sec- fiscal years 2002 through 2006; to the Com- mittee on Energy and Natural Resources. Rutland. retary of Energy and the Secretary of Labor, transmitting jointly, a draft of a proposed By Mr. JOHNSON (for himself, Mr. A lawyer in Rutland for forty years BINGAMAN, Mr. DASCHLE , Mr. INOUYE, with the firm of Webber and Costello, legislation entitled ‘‘Energy Employees Oc- cupational Illness Compensation Amend- Mr. COCHRAN, Mr. BAUCUS, Mr. REID, later Webber, Costello and Chapman, ment of 2001’’ received on January 11, 2001; to Mr. AKAKA, and Mr. CAMPBELL): Bart was a distinguished member of the Committee on Health, Education, Labor, S. 243. A bill to provide for the issuance of the Bar, deeply respected and admired and Pensions. bonds to provide funding for the construc- tion of schools of the Bureau of Indian Af- by my father, Chief Justice of the f Vermont Supreme Court. fairs of the Department of the Interior, and Bart was an excellent trial lawyer INTRODUCTION OF BILLS AND for other purposes; to the Committee on In- JOINT RESOLUTIONS dian Affairs. and a match for the best. And he had a By Mrs. FEINSTEIN (for herself, Mr. wonderful sense of humor. Bart loved The following bills and joint resolu- HELMS, Mr. BROWNBACK, Mr. LEAHY, to tell the story of a jury selection tions were introduced, read the first Mr. REID, Mr. NELSON of Nebraska, when an aunt of his on the panel re- and second times by unanimous con- Mrs. CLINTON, Mr. DODD, Mr. BAUCUS, mained silent when the opposing attor- sent, and referred as indicated: Mrs. BOXER, Mr. BYRD, and Mr. CAR- ney asked if any of the jurors knew Mr. By Mr. GRASSLEY (for himself, Mr. PER): S. 244. A bill to provide for United States Costello. Later, after excusing his aunt BREAUX, Mr. SMITH of Oregon, Mr. policy toward Libya; to the Committee on for obvious reasons, Bart asked her CLELAND, Mr. MURKOWSKI, Ms. Foreign Relations. why she had kept quiet. ‘‘Well,’’ she LANDRIEU, Mr. CRAPO, Mr. BAYH, Mr. said, ‘‘I felt you would need all the help JEFFORDS, Mr. KYL, Mr. ROBERTS, Mr. f HELMS, Mr. BUNNING, Mr. SANTORUM, you could get.’’ SUBMISSION OF CONCURRENT AND I also knew him as an avid golfer and Mr. CRAIG, Mr. STEVENS, Mr. FITZ- GERALD, Mr. BURNS, Mr. GREGG, and SENATE RESOLUTIONS consummate sportsman. He and his Mr. HATCH): lovely wife, Catherine, who survives The following concurrent resolutions S. 234. A bill to amend the Internal Rev- and Senate resolutions were read, and him, were the perfect golfing couple, enue Code of 1986 to repeal the excise tax on courteous and competitive, fun-loving telephone and other communications serv- referred (or acted upon), as indicated: and intense. ices; to the Committee on Finance. By Mr. KERRY (for himself, Mr. Bart, as well as Catherine, were By Mr. MCCAIN (for himself, Mrs. MUR- LUGAR, Mr. LEVIN, Mr. REID, Mr. blessed with four outstanding sons, RAY, Mr. HOLLINGS, Mrs. HUTCHISON, GRAHAM, and Mr. WELLSTONE): S. Con. Res. 7. A concurrent resolution ex- Bartley III and Thomas, who are trial Mr. BINGAMAN, Mr. DOMENICI, Mr. BREAUX, Mr. BROWNBACK, and Mr. pressing the sense of Congress that the lawyers in Albany, NY and SMITH of Oregon): United States should establish an inter- Brattleboro, Brian, an award winning S. 235. A bill to provide for enhanced safe- national education policy to enhance na- school teacher in Rutland, and Barry, a ty, public awareness, and environmental pro- tional security and significantly further Rear Admiral in the U.S. Navy, cur- tection in pipeline transportation, and for United States foreign policy and global com- rently with the Pentagon staff. other purposes; read the first time. petitiveness; to the Committee on Foreign He served his community on many By Mr. HUTCHINSON: Relations. boards and organizations. He was a S. 236. A bill to amend the International f Revenue Code of 1986 to expand the expense past Grand Knight at the Knights of treatment for small businesses and to reduce STATEMENTS ON INTRODUCED Columbus, President of Vermont State the depreciation recovery period for res- BILLS AND JOINT RESOLUTIONS Holy Name Society, Rutland Chamber taurant buildings and franchise operations, of Commerce, Rutland Country Club and for other purposes; to the Committee on By Mr. GRASSLEY (for himself, and Rutland Regional Medical Center. Finance. Mr. BREAUX, Mr. SMITH of Or- He was elected to and served on the By Mr. HUTCHINSON (for himself, Mr. egon, Mr. CLELAND, Mr. MUR- board of directors of Marble Savings COCHRAN, Mr. FRIST, Mr. INHOFE, Mr. KOWSKI, Ms. LANDRIEU, Mr. Bank and the Rutland City School LOTT, Mr. WARNER, and Mr. MUR- CRAPO, Mr. BAYH, Mr. JEF- KOWSKI): FORDS, Mr. KYL, Mr. ROBERTS, Board. S. 237. A bill to amend the Internal Rev- Mr. HELMS, Mr. BUNNING, Mr. The Rutland Daily Herald had high enue Code of 1986 to repeal the 1993 income praise for Bart, stating that he, ‘‘... tax increase on Social Security benefits; to SANTORUM, Mr. CRAIG, Mr. STE- left lasting marks for good on [his] na- the Committee on Finance. VENS, Mr. FITZGERALD, Mr. tive city.’’ He was a man who loved life By Mr. WYDEN (for himself and Mr. BURNS, Mr. GREGG, and Mr. and was loved by all who knew him. We SMITH of Oregon): HATCH): won’t forget you, Bart.∑ S. 238. A bill to authorize the Secretary of S. 234. A bill to amend the Internal the Interior to conduct feasibility studies on f Revenue Code of 1986 to repeal the ex- water optimization in the Burnt River basin, cise tax on telephone and other com- MESSAGES FROM THE PRESIDENT Malheur River basin, Owyhee River basin, munications services; to the Com- and Powder River Basin, Oregon; to the Com- Messages from the President of the mittee on Energy and Natural Resources. mittee on Finance. United States were communicated to By Mr. HAGEL (for himself, Mr. DODD, Mr. GRASSLEY. Mr. President, I rise the Senate by Ms. Evans, one of his Mr. ROBERTS, Mr. DORGAN, and Mr. today, along with Senator BREAUX and secretaries. LUGAR): others, to introduce a bill to repeal the February 1, 2001 CONGRESSIONAL RECORD — SENATE S1013 telephone excise tax—the Help Elimi- cent, it applies disproportionately to with a tax that was originally meant nate the Levy on Locution Act known low and middle income people. For ex- for luxury items. Mr. President, it is as the HELLO Act. The telephone ex- ample, studies show that an American time we hung up the phone tax once cise tax is a tax that is outdated, un- family making less than $50,000 per and for all. I urge my colleagues to join fair, and complex for both consumers year spends at least 2 percent of its in- me in supporting its repeal, and help to understand and for the phone com- come on telephone service. A family all Americans to say ‘‘Hello.’’ panies to administer. It cannot be jus- earning less than $10,000 per year Mr. President, I ask unanimous con- tified on any tax policy grounds. spendings over 9 percent of its income sent that the text of the bill be printed Mr. President, the federal govern- on telephone service. Imposing a tax on in the RECORD. ment has had the American consumer those families for a service that is a ne- There being no objection, the bill was on ‘‘hold’’ for too long when it comes cessity in a modern society is simply ordered to be printed in the RECORD, as to this tax. The telephone excise tax not fair. follows: has been around for over 102 years. In Third, the federal phone tax is com- S. 234 fact, it was first imposed in 1898—just plex. Once upon a time, phone service Be it enacted by the Senate and House of Rep- 22 years after the telephone itself was was simple—there was one company resentatives of the United States of America in invented. So quickly was it imposed who provided it. It was an easy tax to Congress assembled, that it almost seems that Uncle Sam administer. Now, however, phone serv- SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Help Elimi- was there to collect it before Alexander ice is intertwined with data services Graham Bell could put down the re- nate the Levy on Locution (HELLO) Act.’’. and Internet access, and it brings SEC. 2. REPEAL OF EXCISE TAX ON TELEPHONE ceiver from the first call. In fact, the about a whole new set of complexities. AND OTHER COMMUNICATIONS tax is so old that Bell himself would For instance, a common way to provide SERVICES. have paid it! high speed Internet access is through a (a) IN GENERAL.—Chapter 33 of the Internal This tax on talking—as it is known— digital subscriber line. This line allows Revenue Code of 1986 (relating to facilities and services) is amended by striking sub- currently stands at 3 percent. Today, a user to have simultaneous access to about 94 percent of all American fami- chapter B. the Internet and to telephone commu- lies have telephone service. This means (b) CONFORMING AMENDMENTS.— nications. How should it be taxed? (1) Section 4293 of such Code is amended by that virtually every family in the Should the tax be apportioned? Should striking ‘‘chapter 32 (other than the taxes United States must tack an additional the whole line be tax free? And what imposed by sections 4064 and 4121) and sub- 3 percent on to their monthly phone will we do when cable, wireless, and chapter B of chapter 33,’’ and inserting ‘‘and bill. The federal tax applies to local satellite companies provide voice and chapter 32 (other than the taxes imposed by phone service; it applies to long dis- sections 4064 and 4121),’’. data communications over the same tance service; and it even applies in (2)(A) Paragraph (1) of section 6302(e) of system? The burdensome complexity of some cases to the extra amounts paid such Code is amended by striking ‘‘section today will only become more difficult for state and local taxes. It is esti- 4251 or’’. mated that this tax costs the American tomorrow. (B) Paragraph (2) of section 6302(e) of such As these questions are answered, we Code is amended by striking ‘‘imposed by—’’ public more than $5 billion per year. and all that follows through ‘‘with respect The telephone excise tax is a classic run the risk of distorting the market by favoring certain technologies. There to’’ and inserting ‘‘imposed by section 4261 or story of a tax that has been severed 4271 with respect to’’. from its original justifications, but are already numerous exceptions and carve-outs to the phone tax. For in- (C) The subsection heading for section lives on solely to collect money. 6302(e) of such Code is amended by striking In truth, the Federal phone tax has stance, private communications serv- ‘‘COMMUNICATIONS SERVICES AND’’. had more legislative lives than a cat. ices are exempt from the tax. That al- (3) Section 6415 of such Code is amended by When the tax was originally imposed, lows large, sophisticated companies to striking ‘‘4251, 4261, or 4271’’ each place it ap- Teddy Roosevelt was leading the establish communications networks pears and inserting ‘‘4261 or 4271’’. Rough Riders up San Juan Hill. At that and avoid paying any federal phone (4) Paragraph (2) of section 7871(a) of such Code is amended by inserting ‘‘or’’ at the end time, it was billed as a luxury tax, as tax. It goes without saying that Amer- ican families do not have that same op- of subparagraph (B), by striking subpara- only a small portion of the American graph (C), and by redesignating subpara- public even had telephones. The tax tion. Speaking of complexity, let me ask if graph (D) as subparagraph (C). was repealed in the early 20th century, (5) The table of subchapters for chapter 33 but then was reinstated at the begin- anyone has taken a look at their most of such Code is amended by striking the item ning of World War I. It was repealed recent phone bill. It is a labyrinth of relating to subchapter B. and reinstated a few more times until taxes and fees piled one on top of an- (c) EFFECTIVE DATE.—The amendments 1941, when it was made permanent to other. We may not be able to figure out made by this section shall apply to amounts paid pursuant to bills first rendered on or raise money for World War II. In the what all the fees are for; but we do know that they add a big chunk to our after 30 days after the date of the enactment mid-60s, Congress scheduled the elimi- of this Act. nation of the phone tax, which had phone bill. According to a recent study, reached levels of 10 and 25 percent. But the mean tax rate across the country By Mr. WYDEN (for himself and once again, the demands of war inter- on telecommunications is slightly over Mr. SMITH of Oregon): vened, as the elimination of the tax 18 percent. That is about a 6 percent S. 238. A bill to authorize the Sec- was delayed to help pay for Vietnam. rise in the last 10 years. I can’t control retary of the Interior to conduct feasi- In 1973, the phone tax began to phase- the state and local taxes that have bility studies on water optimization in out, but one year before it was about to been imposed, but I can do my part the Burnt River basin. Malheur River be eliminated, it rose up yet again— with respect to the federal taxes. I seek basin, Owyhee River basin, and Powder this time justified by the rationale of to remove this burden from the citizens River Basin, Oregon; to the Committee deficit reduction—and has remained of my state—and all Americans across on Energy and Natural Resources. with us ever since. the country. Mr. WYDEN. Mr. President, I am in- This tax is a perfect example of why As members of Congress, we need to troducing today legislation that will we must stop needlessly collecting the make sure that our tax policies do not allow the Bureau of Reclamation to taxpayer’s money—it does not pass any stifle that economic expansion. We conduct a feasibility study on ways to of the traditional criteria used for should not adhere to policies that are a improve water management in the evaluating tax policy. First, this phone relic from a different time. In today’s Malheur, Owyhee, Powder and Burnt tax is outmoded. Once upon a time, it economy, the arguments for repeal are River basins in northeastern Oregon. could have been argued that telephone even stronger. An earlier study by the Bureau identi- service was a luxury item and that Mr. President, it is time to end the fied a number of problems on these four only the rich would be affected. As we federal phone tax. For too long while Snake River tributaries, including high all know, there is nothing further from America has been listening to a dial water temperatures and degraded habi- the truth today. tone, Washington has been hearing a tat. Second, the federal phone tax is un- dollar tone. This tax is outmoded. Why These types of problems are not fair. Because this tax is a flat 3 per- are we taxing a poor family’s phone unique to these rivers; in fact, many S1014 CONGRESSIONAL RECORD — SENATE February 1, 2001 rivers in the Pacific Northwest are in a fall in the fiscal year 2001 agriculture I ask that the text of the legislation similar condition. However, Oregon has appropriations bill. I am pleased to be be printed in the RECORD. a unique approach to solving these joined as original cosponsors by my There being no objection, the bill was problems through the work of Water- distinguished colleagues, Senators ordered to be printed in the RECORD, as shed Councils. In these Councils, local DODD, LUGAR, ROBERTS, and DORGAN. follows: farmers, ranchers and other stake- The provision contained in the fiscal S. 239 holders sit down together with the re- year 2001 agriculture appropriations Be it enacted by the Senate and House of Rep- source agencies to develop action plans bill was a revised version of legislation resentatives of the United States of America in to solve local problems. originally introduced last Congress by Congress assembled, The Council members have the local former Senator Ashcroft and me, to- SECTION 1. SHORT TITLE. knowledge of the land and waters, but gether with Senators DODD, LUGAR, This Act may be cited as the ‘‘Cuba Food they don’t have technical expertise. ROBERTS, and many others. The pur- and Medicine Access Act of 2001’’. The Bureau of Reclamation has the ex- pose of our bill was to lift all unilateral TITLE I pertise to collect the kinds of water economic sanctions on the export of SEC. 10. LIMITATION ON PROHIBITIONS AND RE- flow and water quality data that are American food and medicine. Passage STRICTIONS ON TRADE WITH CUBA needed to understand how the water- of this provision acknowledges what TO ALLOW FOR THE EXPORT OF most Nebraska grain and livestock pro- FOOD AND MEDICINES TO CUBA. shed works and how effective different Notwithstanding the Trade Sanctions Re- solutions might be. ducers have always known—when the United States places unilateral sanc- form and Export Enhancement Act of 2000 One class of possible solutions in- (Title IX of H.R. 5426 of the One Hundred cludes small-scale construction tions on other nations, American pro- Sixth Congress, as enacted into law by Sec- projects, such as upgrading of irriga- ducers are hurt, not the sanctioned na- tion 1(a) of Public Law 106–387, and as con- tion systems and creation of wetlands tion. tained in the appendix of that Act) (except As the world leader in the develop- to act as pollutant filters. This legisla- section 904 of such Act) or any other provi- ment of pharmaceuticals and medical sion of law (except section 11 of this Act), tion would allow the Bureau of Rec- devices, America plays a critical role the prohibition or restriction on trade or fi- lamation to partner with the Water- in helping prolong and improve the nancial transactions with Cuba shall not shed Councils in determining how such quality of people’s lives. Ensuring that apply with respect to the export of any agri- small-scale construction projects these products and therapies are avail- cultural commodities, medicines, or medical might benefit both the environment devices, or with respect to travel incident to able to people all over the world not and the local economy. the sale or delivery of agricultural commod- only benefits American businesses and This bill authorizes a study; it does ities, medicines, or medical devices, to Cuba. workers, but also reinforces America’s not authorize actual construction. It SEC. 11. LIMITATION ON EXCEPTION TO ALLOW image as a country of both innovation simply enables the Bureau to help find FOR THE EXPORT OF FOOD AND and compassion. MEDICINE TO CUBA. the most logical solution to resource The provision enacted in the fiscal Section 10 of this Act shall not apply— management issues. year 2001 agriculture appropriations (1) with respect to restrictions imposed Last Congress, the Senate passed the bill was changed, however, in the con- under section 5 of the Export Administration same bill I am introducing today. How- ference committee with the House of Act of 1979 for goods containing parts or ever, the other body did not act on the components on which export controls are in Representatives. The final legislation effect under that section; and legislation before the last Congress ad- blocked—only for sales to Cuba—access journed. (2) with respect to section 203 of the Inter- to normal export financing in the U.S. national Emergency Economic Powers Act, I look forward to prompt action to private sector. Thus, while claiming to to the extent the authorities under that sec- enact this bill in the current Congress. open up the Cuban market for the ex- tion are exercised to deal with a threat to I welcome my colleague, Mr. SMITH, as port of American agricultural and med- the national security of the United States by an original cosponsor of this bill. ical products, it placed restrictions virtue of the technology incorporated in I ask unanimous consent that a copy making American exports uncompeti- such goods. of the bill be printed in the RECORD. tive. Finally, the provision codified SEC. 12. LIFTING CERTAIN PROHIBITIONS ON There being no objection, the bill was new restrictions on the ability of VESSELS ENTERING U.S. PORTS. Sanctions pursuant to Section 1706(b) of ordered to be printed in the RECORD, as Americans to travel to Cuba. follows: Title XVII of PL 102–484 (Cuban Democracy The Cuba Food and Medicine Access Act of 1992) shall not apply with respect to S. 238 Act of 2001 would correct those mis- vessels which have transported food or medi- Be it enacted by the Senate and House of Rep- takes by repealing the new travel re- cine to Cuba. resentatives of the United States of America in strictions and permitting normal cred- SEC. 13. STUDY AND REPORT RELATING TO EX- Congress assembled, it and financing support for food and PORT PROMOTION AND CREDIT SECTION 1. SHORT TITLE. medicine exports to Cuba. PROGRAMS FOR CUBA. This Act may be cited as the ‘‘Burnt, As we rewrite the farm bill we should Title IV of the Agricultural Trade act of Malheur, Owyhee, and Powder River Basin begin by delivering on a promise we 1978 (7 U.S.C. 5661 et seq.) is amended by add- Water Optimization Feasibility Study Act of made last year to end unilateral sanc- ing at the end the following: 2001’’. tions on our own farmers, ranchers, ‘‘SEC. 418. STUDY AND REPORT RELATING TO EX- SEC. 2. STUDY. PORT PROMOTION AND CREDIT and agricultural producers. PROGRAMS FOR CUBA. The Secretary of the Interior may conduct But this issue goes beyond increased ‘‘(a) STUDY.—The Secretary shall carry out feasibility studies on water optimization in commercial opportunity. The export of a study of existing United States agricul- the Burnt River basin, Malheur River basin, tural export promotion and credit programs Owyhee River basin, and Powder River basin, American food and medicine is also a to determine how such programs can be car- Oregon. humanitarian undertaking. Blocking exports in these commodities harm the ried out to promote the consumption of SEC. 3. AUTHORIZATION OF APPROPRIATIONS. United States agricultural commodities in There are authorized to be appropriated health and nutrition of the people of the sanctioned nation. It does nothing Cuba. such sums as are necessary to carry out this ‘‘(b) REPORT.—Not later than 90 days after Act. to harm governments and government the date of the enactment of this section, the leaders with which we disagree. Until Secretary shall prepare and submit to the By Mr. HAGEL (for himself, Mr. last year, food sales to Cuba were pro- Committee on Agriculture of the House of DODD, Mr. ROBERTS, Mr. DOR- hibited except to independent import- Representatives and the Committee on Agri- GAN, and Mr. LUGAR): ers, which did not exist. And while culture, Nutrition, and Forestry of the Sen- S. 239. A bill to improve access to the medical sales to Cuba were theoreti- ate a report containing— Cuban market for American agricul- cally possible, licensing procedures ‘‘(1) the results of the study carried out tural producers, and for other purposes; were so difficult and complicated that under subsection (a); and to the Committee on Foreign Rela- ‘‘(2) proposed legislation, if any, to im- they had the effect of severely restrict- prove the ability of the Secretary to utilize tions. ing such exports. Last year’s bill went United States agricultural export promotion Mr. HAGEL. Mr. President, today I part of the way to clear away these im- and credit programs with respect to the con- am introducing legislation to correct pediments. We should now finish the sumption of United States agricultural com- problems with a provision enacted last job. modities in Cuba.’’. February 1, 2001 CONGRESSIONAL RECORD — SENATE S1015 SEC. 14. REPORT TO CONGRESS. As I noted last week with my friend York City: Wheat exports from Canada Not later than 6 months after the date of from North Dakota, however, Title to Cuba in 1999 and 2000—730,000 tons; the enactment of this Act, the President Nine prohibits basic facilitators to corn exports from China to Cuba in shall transmit to the Congress a report that sets forth— trade—financing and export promotion. 2000—26,101 tons; and rice exports from (1) the extent (expressed in volume and dol- The Trade Sanctions Reform & Export China to Cuba in 2000—225,510 tons. lar amounts) of sales to Cuba of agricultural Enhancement Act effectively thwarts No, Cuba is not the largest market, commodities, medicines, and medical de- U.S. agricultural trade with Cuba. Mr. President, but the point is, our vices, since the date of the enactment of this It is that reality that prompts me to farmers should be able to compete for Act; introduce and support as many legisla- that business. It’s our obligation to at (2) a description of the types and end users tive vehicles as I can toward repealing least permit such an opportunity. of the goods so exported; and (3) whether there has been any indication the prohibitions in last year’s bill and opening the Cuban market to American By Mr. FRIST: that any medicines, or medical devices ex- S. 240. a bill to authorize studies on ported to Cuba since the date of the enact- agricultural commodities. ment of this Act— There has been much talk about the water supply management and develop- (A) have been used for purposes of torture importance of American tourist travel ment; to the Committee on Environ- or other human rights abuses; to Cuba—this is true and I have stated ment and Public Works. (B) were reexported; or it repeatedly. The Trade Sanctions Re- Mr. FRIST. Mr. President, today, I (C) were used in the production of any bio- introduce the Water Resource Study technological product. form & Export Enhancement Act’s tourist travel ban stifles the most pow- Act of 2001. The purpose of this bill is SEC 15. DEFINITIONS. to ensure an adequate supply of fresh (1) AGRICULTURAL COMMODITY.—The term erful influence on Cuban society: American culture and perspective, both water for Tennessee’s future. ‘‘agricultural commodity’’— Currently, Tennessee is one of the (A) has the meaning given the term in sec- economic and political. fastest growing states in the country. tion 102 of the Agricultural Trade Act of 1978 Consistent with the Dorgan-Roberts We rank 9th out of the 50 states in pro- (7 U.S.C. 5602); and bill introduced last week, the codifica- jected population growth over the next (B) includes fertilizer and organic fer- tion of tourist travel restrictions is re- tilizer, except to the extent provided pursu- 25 years. Though we welcome this pealed under the Cuba Food & Medicine ant and organic fertilizer, except to the ex- growth, it is beginning to place a Access Act of 2001 as are restrictions tent provided pursuant to Section 904 of the strain on our water supply. For exam- on the sale of medicine and medical Trade Sanctions Reform and Export En- ple, public water use increased from 380 hancement Act of 2000 (Title IX of H.R. 5426 products. Further, the trade of both million gallons in 1960 to 777 million of the One Hundred Sixth Congress, as en- food and medicine is enhanced by nul- gallons in 1995. As industry and popu- acted into law by Section 1(a) of Public Law lifying a provision of the Cuban De- lation increase, it will not be long be- 106–387, and as contained in the appendix of mocracy Act of 1992, which prohibits fore growth outpaces available water that Act). ships entering ports in Cuba from vis- (2) MEDICAL DEVICE.—The term ‘‘medical supply. We must act now to avoid seri- iting U.S. ports for at least 180 days device’’ has the meaning given the term ‘‘de- ous problems. without a special license. vice’’ in section 201 of the Federal Food, Specifically, this legislation would Today, however, I want to place more Drug, and Cosmetic Act (21 U.S.C. 321). allow Tennessee to work with the Sec- (3) MEDICINE.—The term ‘‘medicine’’ has emphasis on the agricultural trade retary of the Army, acting through the the meaning given the term ‘‘drug’’ in sec- issue. The U.S. cannot afford to rule Chief of Engineers, to select a geo- tion 201 the Federal Food, Drug, and Cos- out any market for our agricultural graphical area within the state having metic Act (21 U.S.C. 7321). commodities. Now more than ever, as ‘‘consistent, emerging water supply TITLE II new markets develop and our competi- needs’’ and to take a serious look at SEC. 20. REPEAL OF CODIFICATION OF TRAVEL tors seize those opportunities, it makes the water supply in that particular RESTRICTIONS BY AMERICAN CITI- no sense to preclude the use of export ZENS TO CUBA. area. After gathering relevant data, promotion programs nor outlaw pri- Section 910 of the Trade Sections Reform the study would consider available fed- vate U.S. financing. It is nonsense to and Export Enhancement Act of 2000 (Title eral resources, identify areas for im- isolate our farmers in this fashion. IX of H.R. 5426 of the One Hundred Sixth provement and detect outdated pro- Congress, as enacted into law by Section 1(a) Section 908 of the fiscal year 2001 ag- of Public Law 106–387, and as contained in riculture appropriations bill reads ‘‘no grams. It would also begin determining the appendix of that Act) is hereby repealed. United States Government assistance, the appropriate role of the federal gov- Mr. ROBERTS. Mr. President, I rise including United States foreign assist- ernment in helping local communities today once again to introduce legisla- ance, United States export assistance, to develop an adequate water supply. This legislation is not the full solu- tion to enhance trade provisions from and any United States credit or guar- tion, but it will assist in understanding Title Nine of the fiscal year 2001 agri- antees shall be available for exports to the complexity of water supply devel- culture appropriations bill. Cuba.’’ Section 908 goes on to state, in- opment and the different alternatives The legislation that I join with my credibly, that ‘‘no United States person to meeting future water supply needs. colleagues to introduce today, the may provide payment or financing It is a good step in addressing this im- Cuba Food & Medicine Access Act of terms for sales of agricultural com- 2001, exempts, among other things, the portant issue for all Tennesseans. modities or products to Cuba or any I ask that the bill be printed in the sale of agricultural commodities from person in Cuba.’’ RECORD. the financing and licensing restrictions It’s quite clear, Mr. President, the in- There being no objection, the bill was of Title Nine of last year’s agriculture tent of this provision is to keep the ordered to be printed in the RECORD, as appropriations bill, also known as the Cuban market cut off from America’s follows: Trade Sanctions Reform & Export En- farmers. This is unacceptable. S. 240 hancement Act. If it’s not to keep the Cuban market Be it enacted by the Senate and House of Rep- Last week, Senator DORGAN and I in- cut off, then what is the policy? What resentatives of the United States of America in troduced similar corrective legislation. are our farmers supposed to do when Congress assembled, Title Nine of the fiscal year 2001 agri- faced with this kind of contradictory SECTION 1. SHORT TITLE. culture appropriations bill made sig- and politicized language: You are per- This Act may be cited as the ‘‘Water Re- nificant progress toward ending the mitted to sell to Cuba but don’t bother source Study Act of 2001’’. misguided policy of using unilateral trying? We are either going to encour- SEC. 2. FINDINGS. food sanctions to isolate or punish so- age and facilitate global agricultural Congress finds that— called ‘‘countries of concern’’. Title trade or we are going to discourage and (1) water resources in the United States Nine holds that ‘‘The President shall complicate global agricultural trade. are among the most plentiful in the world; terminate any unilateral agricultural (2) for many years, the effective develop- You can’t have it both ways. ment and use of water resources in the sanction or unilateral medical sanction Why is this significant in regards to United States has been the focus of a wide that is in effect as of the date of enact- Cuba? Let us sample some recent sta- array of Federal policies and programs; ment of this Act.’’ That is indeed tistics provided by the U.S.-Cuba Trade (3) in recent years, unprecedented growth, progress, Mr. President. & Economic Council, based in New multiple competing water uses, and growing S1016 CONGRESSIONAL RECORD — SENATE February 1, 2001 public interest in environmental protection (1) IN GENERAL.—The United States Geo- weekends, and extending election day have combined to create an atmosphere of logical Survey and the Tennessee Valley Au- to two days instead of one, more voters conflicting policy interests; thority shall participate in the study. will be able to participate in federal (4) large-scale water conflicts continue to (2) ENTITIES SELECTED BY THE STATE.—In elections more easily. I believe these emerge between communities, States, and consultation with the Secretary, the State stakeholder interests in the southeastern re- shall select additional entities to participate changes will go a long way toward im- gion of the United States; and in the study. proving our atrocious voter turnout (5) Federal support is needed to assess the (3) UNIVERSITY OF TENNESSEE.—The Univer- rates, and help restore some of the con- utility and effectiveness of current Federal sity of Tennessee may elect to participate in fidence in our election process that policies and programs as they relate to re- the study. many Americans lost during the last solving State and local water supply needs. (f) FUNDING.—The Federal share of each election. SEC. 3. DEFINITIONS. study under this section shall be 100 percent. I urge my colleagues to join me in (g) REPORT.—Not later than 180 days after In this Act: this effort. (1) SECRETARY.—The term ‘‘Secretary’’ the completion of a study under this section, the State shall submit a report describing means the Secretary of the Army, acting By Mr. BINGAMAN (for himself, through the Chief of Engineers. the findings of the study to— (1) the Committee on Resources of the Mr. DOMENICI, and Mr. CRAPO): (2) STATE.—The term ‘‘State’’ means the S. 242. A bill to authorize funding for State of Tennessee. House of Representatives; and (2) the Committee on Environment and University Nuclear Science and Engi- SEC. 4. STUDIES ON EMERGING WATER SUPPLY NEEDS. Public Works of the Senate. neering Programs at the Department of (h) AUTHORIZATION OF APPROPRIATIONS.— (a) DESIGNATION.—The Secretary shall offer Energy for fiscal years 2002 through There is authorized to be appropriated to to provide assistance to the State to conduct 2006; to the Committee on Energy and carry out this section $1,000,000 for fiscal studies under this section. Natural Resources. year 2002. (b) STUDIES.—As a condition of receiving Mr. BINGAMAN. Mr. President, I rise assistance under this section, not later than By Mr. REID: today to introduce a bill authorizing 1 year after the date of enactment of this S. 241. A bill to direct the Federal the Secretary of Energy to provide for Act, in consultation with the Secretary, the the Office of Nuclear Energy, Science State shall— Election Commission to set uniform (1) select a geographic area within the national standards for Federal election and Technology to reverse a serious de- State having consistent, emerging, water procedures, change the Federal elec- cline in our nation’s educational capa- supply needs; and tion day, and for other purposes; to the bility to produce future nuclear sci- (2) conduct a study on the emerging water Committee on Rules and Administra- entists and engineers. This bi-partisan supply needs of the geographic area. tion. bill which is referred to as the ‘‘Depart- (c) ADMINISTRATION.—A study conducted Mr. REID. Mr. President, I rise today ment of Energy University Nuclear under this section shall— to introduce the National Election Science and Engineering Act’’ is co- (1) identify Federal and State resources, sponsored by my colleagues Mr. assistance programs, regulations, and Standards Act of 2001. sources of funding for water supply develop- The entire nation was disgusted by DOMENICI and Mr. CRAPO. Let me out- ment and management that are applicable to the presidential election of 2000. That line how serious this decline is, after the geographic areas selected under sub- election revealed the flaws in our elec- doing so I will outline its impact on section (b)(1); tion process to the entire world. Amer- our nation and then discuss how this (2) identify potential weaknesses, ica is the greatest country—and the bill attempts to remedy this situation. redundancies, and contradictions in those re- oldest democracy—in the world, and we As of this year, the supply of four- sources, assistance programs, regulations, can do better. year trained nuclear scientists and en- policies, and sources of funding; The most fundamental premise of de- gineers is at a 35-year low. The number (3) conduct a water resource inventory in of four-year programs across our na- the geographic study area to determine, with mocracy is that every vote is counted. respect to the water supply needs of the But the reality is that votes cast in tion to train future nuclear scientists area— wealthier parts of the country fre- has declined to approximately 25—a 50 (A) projected demand; quently count more than votes cast in percent reduction since about 1970. (B) existing supplies and infrastructure; poorer areas, because wealthier dis- Two-thirds of the nuclear science and (C) water resources that cannot be devel- tricts have better, more accurate, more engineering faculty are over age 45 oped for water supplies due to regulatory or modern and less error-prone counting with little if any ability to draw new technical barriers, including— machines than poorer precincts and and young talent to replace them. Uni- (i) special aquatic sites (as defined in sec- versities across the United States can- tion 330.2 of title 33, Code of Federal Regula- districts. Some counties in this nation tions (or a successor regulation)); and are using voting machines and vote- not afford to maintain their small re- (ii) bodies of water protected under any counting machines that are 50, 60, 70 search reactors forcing their closure at other Federal or State law; years old, and that have error rates of an alarming rate. This year there are (D) water resources that can be developed 3 or more percent. In the wealthiest na- only 28 operating research and training for water supplies, such as sites that have tion in the world, that is simply unac- reactors, over a 50 percent decline since few, if any, technical or regulatory barriers ceptable. 1980. Most if not all of these reactors to development; Today, I am introducing a bill that were built in the late 1950’s and early (E) any water resources for which further will give the Federal Election Commis- 60’s and were licensed initially for 30 to research or investigation, such as testing of groundwater aquifers, is required to deter- sion the authority to issue uniform fed- 40 years. As a result, within the next mine the potential for water supply develop- eral regulations governing registra- five years the majority of these 28 reac- ment for the site; tion, access to polling places, voting tors will have to be relicensed. Reli- (F) a description of the social, political, in- machines, and vote-counting proce- censing is a long, lengthy process stitutional, and economic dynamics and dures in federal elections across the which most universities cannot and characteristics of the geographic study area country. Unlike some other proposals will not afford. Interestingly, the em- that may affect the resolution of water sup- introduced this Congress, these regula- ployment demand for nuclear sci- ply needs; tions will be binding on states and lo- entists and engineers exceeds our na- (G) incentives for cooperation between water districts, local governments, and State calities. The Commission will also be tion’s ability to supply them. This governments, including methods that maxi- authorized to set deadlines for states year, the demand exceeded supply by mize private sector participation in the and localities to comply, and to pro- 350, by 2003 it will be over 400. Our cur- water supply development; and vide the necessary federal funding to rent projections are that in five years (H) new water resource development tech- enable them to comply. 76 percent of the nation’s nuclear nologies that merit further analysis and My bill will also require states to workforce can retire, the university testing. allow voters to register on the same pipeline of new scientists and engineers (d) LEAD AGENCY.—For each study under day that they vote, and will move fed- is moving in the wrong direction to this section, the Corps of Engineers— (1) shall be the lead Federal agency; and eral election days from the current meet this national problem. (2) shall consult with the State for guid- Tuesday, to the preceding Saturday These human resource and edu- ance in the development of the study. and Sunday. By simplifying registra- cational infrastructure problems are (e) PARTICIPANTS.— tion, by allowing voters to vote on serious. The decline in a competently February 1, 2001 CONGRESSIONAL RECORD — SENATE S1017 trained nuclear workforce affects a sciences. I have proposed enhancing the ply fund the operations and mainte- broad range of national issues. current program which provides fellow- nance of university reactors; it must be We need nuclear engineers and health ships to graduate students and extends tied to the bill’s research. The cost physicists to help design, safely dispose that to undergraduate students. sharing insures that the host institu- and monitor nuclear waste, both civil- Second, we need to attract new and tion does not simply reallocate the ian and military. young faculty. I’ve proposed a Junior funds already committed to operating We rely on nuclear physicists and sci- Faculty Research Initiation Grant Pro- the reactor. entists in the field of nuclear medicine gram which is similar to the NSF pro- In making all of these proposals, let to develop radio isotopes for the thou- grams targeted only towards sup- me emphasize that each one of these sands of medical procedures performed porting new faculty during the first 5 programs I have described is intended everyday across our nation—to help years of their career at a university. to be peer reviewed and to have awards save lives. These first five years are critical years made strictly on merit of the proposals We must continue to operate and that either make or break new faculty. submitted. This program is not a hand safely maintain our existing supply of Third, I’ve proposed enhancing the out. Each element that I am proposing fission reactors and respond to any fu- Office’s Nuclear Engineering Education requires that faculty innovate and ture nuclear crisis worldwide—it takes and Research Program. This program compete for these funds. Those institu- nuclear scientists, engineers and is critical to university faculty and tions that do not win such competi- health physicists to do that. graduate students by supporting only tions will have the choice of funding Our national security and treaty the most fundamental research in nu- the research reactor activities them- commitments rely on nuclear sci- clear science and engineering. These selves or consider shutting them down. entists to help stem the proliferation fundamental programs ultimately will I have outlined a very serious prob- of nuclear weapons whether in our na- strengthen our industrial base and over lem that if not corrected now will cost tional laboratories or as part of world- all economic competitiveness. far more to correct later on. If the pro- wide inspection teams in such places as Fourth, I’ve strengthened the Office’s gram I have outlined is implemented, Iraq. Nuclear scientists are needed to applied nuclear science program by en- then it will strengthen our reputation convert existing reactors worldwide suring that universities play an impor- as a leader in the nuclear sciences, from highly enriched to low enriched tant role in collaboration with the na- strengthen our national security and fuels. tional labs and industry. This collabo- our ability to compete in the world Nuclear engineers and health physi- ration is the most basic form of tech market place. cists are needed to design, operate and transfer, it is face-to-face contact and Mr. President, I ask for unanimous monitor future Naval Reactors. The networking between faculty, students consent that the text of this bill be Navy by itself cannot train students and the applied world of research and printed in the RECORD. for their four year degrees—they only industry. This program will ensure a There being no objection, the bill was provide advance postgraduate training transition between the student and ordered to be printed in the RECORD, as on their reactor’s operation. their future employer. follows: Basically, we are looking at the po- Finally, I’ve strengthened what I S. 242 tential loss of a 50 year investment in consider the most crucial element of Be it enacted by the Senate and House of Rep- a field which our nation started and this program—ensuring that future resentatives of the United States of America in leads the world in. What is worse, this generations of students and professors Congress assembled, loss is a downward self-feeding spiral. have well maintained research reac- SECTION 1. SHORT TITLE. Poor departments cannot attract tors. This Act may be cited as ‘‘Department of bright students and bright students I’ve proposed to increase the funding Energy University Nuclear Science and Engi- will not carry on the needed cutting levels for refueling and upgrading aca- neering Act’’. edge research that leads to promising demic reactor instrumentation. SEC. 2. FINDINGS. young faculty members. Our system of I propose to start a new program The Congress finds the following: nuclear education and training, in whereby faculty can apply for reactor (1) U.S. university nuclear science and en- which we used to lead the world, is lit- research and training awards to pro- gineering programs are in a state of serious erally imploding upon itself. vide for reactor improvements. decline. The supply of bachelor degree nu- I’ve laid out in this bill some pro- I have proposed a novel program clear science and engineering personnel in the United States is at a 35-year low. The posals that I hope will seed a national whereby as part of a student’s under- number of four year degree nuclear engineer- debate in the upcoming 107th Congress graduate and graduate thesis project, ing programs has declined 50 percent to ap- on what we as a nation need to do to they help work on the re-licensing of proximately 25 programs nationwide. Over help solve this very serious problem. It their own research reactors. This pro- two-thirds of the faculty in these programs is not a perfect bill, but I think it gram must be in collaboration with in- are 45 years or older. should start the ball rolling. I welcome dustry which already has ample experi- (2) Universities cannot afford to support all forms of bipartisan input on it. I ence in relicensing. Such a program their research and training reactors. Since hope that my colleagues in the House will once again provide face-to-face 1980, the number of small training reactors in the United States have declined by over 50 Science Committee looks favorably at networking and training between stu- percent to 28 reactors. Most of these reactors this worthy effort and I would suggest dent, teacher and ultimately their em- were built in the late 1950s and 1960s with 30- joint hearings so that we as a Congres- ployer. to 40-year operating licenses, and will re- sional body can hear together the testi- I have proposed a fellowship program quire re-licensing in the next several years. mony on the serious decline that we whereby faculty can take their sab- (3) The neglect in human investment and now face. My staff has worked from batical year at a DOE laboratory. training infrastructure is affecting 50 years consensus reports from the scientific Under this program DOE laboratory of national R&D investment. The decline in community developed by the Nuclear staff can co-teach university courses a competent nuclear workforce, and the lack of adequately trained nuclear scientists and Energy Advisory Committee to the De- and give extended seminars. This pro- engineers, will affect the ability of the partment of Energy’s Office of Nuclear gram also provides for part time em- United States to solve future waste storage Science and Technology, in particular ployment of students at the DOE labs— issues, maintain basic nuclear health physics its subcommittee on Education and we are talking about bringing in new programs, operate existing and design future Training. The report is available on the and young talent. fission reactors in the United States, respond Office’s website. I encourage everyone For the research funds allocated, I to future nuclear events worldwide, help to read and look at these startling sta- have permitted portions be used to op- stem the proliferation of nuclear weapons, tistics. erating the reactor during the inves- and design and operate naval nuclear reac- tigation. I make this allocation pro- tors. Here is an outline of what is in the (4) Further neglect in the nation’s invest- bill. vided that the investigator’s host insti- ment in human resources for the nuclear First and foremost, we need to con- tution makes a cost sharing commit- sciences will lead to a downward spiral. As centrate on attracting good under- ment in its operation. My intent is the number of nuclear science departments graduate students to the nuclear clearly not to make the program sim- shrink, faculties age, and training reactors S1018 CONGRESSIONAL RECORD — SENATE February 1, 2001 close, the appeal of nuclear science will be (1) a sabbatical fellowship program for uni- sums are authorized to be appropriated to lost to future generations of students. versity professors to spend extended periods carry out section 3(c)(2): (5) Current projections are that 76% of the of time at Department of Energy labora- (1) $1,000,000 for fiscal year 2002. nation’s professional nuclear workforce can tories in the areas of nuclear science and (2) $1,100,000 for fiscal year 2003. retire in 5 years, a new supply of trained sci- technology; and (3) $1,200,000 for fiscal year 2004. entists and engineers is needed. (2) a visiting scientist program in which (4) $1,300,000 for fiscal year 2005. (6) The Department of Energy’s Office of laboratory staff can spend time in academic (5) $1,300,000 for fiscal year 2006. Nuclear Energy, Science and Technology is nuclear science and engineering depart- (h) REACTOR RESEARCH AND TRAINING well suited to help maintain tomorrow’s ments. AWARD PROGRAM.—Of the funds under sub- human resource and training investment in The Secretary may under section 3(b)(1) pro- section (a), the following sums are author- the nuclear sciences. Through its support of vide for fellowships for students to spend ized to be appropriated to carry out section research and development pursuant to the time at Department of Energy laboratories 3(c)(3): Department’s statutory authorities, the Of- in the area of nuclear science under the (1) $6,000,000 for fiscal year 2002. fice of Nuclear Energy, Science and Tech- mentorship of laboratory staff. (2) $10,000,000 for fiscal year 2003. nology is the principal federal agent for ci- (3) OPERATIONS AND MAINTENANCE.—For the (3) $14,000,000 for fiscal year 2004. vilian research in the nuclear sciences for research programs described, portions there- (4) $18,000,000 for fiscal year 2005. the United States. The Office maintains the of may be used to supplement operation of (5) $20,000,000 for fiscal year 2006. Nuclear Engineering and Education Research the research reactor during investigator’s (i) UNIVERSITY—DOE LABORATORY INTER- Program which funds basic nuclear science proposed effort provided the host institution ACTIONS.—Of the funds under subsection (a), and engineering. The Office funds the Nu- provides cost sharing in the reactor’s oper- the following sums are authorized to be ap- clear Energy and Research Initiative which ation. propriated to carry out section 3(d): (1) $1,000,000 for fiscal year 2002. funds applied collaborative research among (f) MERIT REVIEW REQUIRED.—All grants, universities, industry and national labora- contracts, cooperative agreements, or other (2) $1,100,000 for fiscal year 2003. tories in the areas of proliferation resistant financial assistance awards under this Act (3) $1,200,000 for fiscal year 2004. fuel cycles and future fission power systems. shall be made only after independent merit (4) $1,300,000 for fiscal year 2005. (5) $1,300,000 for fiscal year 2006. The Office funds Universities to refuel train- review. ing reactors from highly enriched to low en- SEC. 4. AUTHORIZATION OF APPROPRIATIONS. By Mr. JOHNSON (for himself, riched proliferation tolerant fuels, performs (a) TOTAL AUTHORIZATION.—The following Mr. BINGAMAN, Mr. DASCHLE, instrumentation upgrades and maintains a sums are authorized to be appropriate to the program of student fellowships for nuclear Secretary of Energy, to remain available Mr. INOUYE, Mr. COCHRAN, Mr. science, engineering and health physics. until expended, for the purposes of carrying BAUCUS, Mr. REID, Mr. AKAKA, SEC. 3. DEPARTMENT OF ENERGY PROGRAM. out this Act: and Mr. CAMPBELL): (a) ESTABLISHMENT.—The Secretary of En- (1) $30,200,000 for fiscal year 2002. S. 243. A bill to provide for the ergy, through the Office of Nuclear Energy, (2) $41,000,000 for fiscal year 2003. issuance of bonds to provide funding Science and Technology, shall support a pro- (3) $47,900,000 for fiscal year 2004. for the construction of schools of the (4) $55,600,000 for fiscal year 2005. gram to maintain the nation’s human re- Bureau of Indian Affairs of the Depart- source investment and infrastructure in the (5) $64,100,000 for fiscal year 2006. nuclear sciences and engineering consistent (b) GRADUATE AND UNDERGRADUATE FEL- ment of the Interior, and for other pur- with the Department’s statutory authorities LOWSHIPS.—Of the funds under subsection (a), poses; to the Committee on Indian Af- related to civilian nuclear research and de- the following sums are authorized to be ap- fairs. velopment. propriated to carry out section 3(b)(1): Mr. JOHNSON. Mr. President, I, (b) DUTIES OF THE OFFICE OF NUCLEAR EN- (1) $3,000,000 for fiscal year 2002. along with Senators BINGAMAN, (2) $3,100,000 for fiscal year 2003. ERGY, SCIENCE AND TECHNOLOGY.—In carrying DASCHLE, CAMPBELL, INOUYE, COCHRAN, (3) $3,200,000 for fiscal year 2004. out the program under this Act, the Director REID, AKAKA, and BAUCUS am intro- of the Office of Nuclear Science and Tech- (4) $3,200,000 for fiscal year 2005. (5) $3,200,000 for fiscal year 2006. ducing legislation to establish an inno- nology shall— vative funding mechanism to enhance (1) develop a robust graduate and under- (c) JUNIOR FACULTY RESEARCH INITIATION graduate fellowship program to attract new GRANT PROGRAM.—Of the funds under sub- the ability of Indian tribes to con- and talented students; section (a), the following sums are author- struct, repair, and maintain quality (2) assist universities in recruiting and re- ized to be appropriated to carry out section educational facilities. Representatives taining new faculty in the nuclear sciences 3(b)(2): from tribal schools in my State of and engineering through a Junior Faculty (1) $5,000,000 for fiscal year 2002. (2) $7,000,000 for fiscal year 2003. South Dakota have been working with Research Initiation Grant Program; (3) $8,000,000 for fiscal year 2004. tribes nationwide to develop an initia- (3) maintain a robust investment in the (4) $9,000,000 for fiscal year 2005. tive which I believe will be a positive fundamental nuclear sciences and engineer- (5) $10,000,000 for fiscal year 2006. first step toward addressing the serious ing through the Nuclear Engineering Edu- (d) NUCLEAR ENGINEERING AND EDUCATION cation Research Program; crisis we are facing in Indian edu- RESEARCH PROGRAM.—Of the funds under (4) encourage collaborative nuclear re- cation. subsection (a), the following sums are au- search between industry, national labora- Over 50 percent of the American In- thorized to be appropriated to carry out sec- tories and universities through the Nuclear tion 3(b)(3): dian population in this country is age Energy Research Initiative; and (1) $8,000,000 for fiscal year 2002. 24 or younger. Consequently, the need (5) support communication and outreach (2) $12,000,000 for fiscal year 2003. for improved educational programs and related to nuclear science and engineering. (3) $13,000,000 for fiscal year 2004. facilities, and for training the Amer- (c) MAINTAINING UNIVERSITY RESEARCH AND (4) $15,000,000 for fiscal year 2005. ican Indian workforce is pressing. TRAINING REACTORS AND ASSOCIATED INFRA- (5) $20,000,000 for fiscal year 2006. STRUCTURE.—Within the funds authorized to American Indians have been, and con- (e) COMMUNICATION AND OUTREACH RELATED tinue to be, disproportionately affected be appropriated pursuant to this Act, the TO NUCLEAR SCIENCE AND ENGINEERING.—Of amounts specified under section 4(b) shall, the funds under subsection (a), the following by both poverty and low educational subject to appropriations, be available for sums are authorized to be appropriated to achievement. The high school comple- the following research and training reactor carry out section 3(b)(5): tion rate for Indian people aged 20 to 24 infrastructure maintenance and research: (1) $200,000 for fiscal year 2002. was 12.5 percent below the national av- (1) Refueling of research reactors with low (2) $200,000 for fiscal year 2003. erage. American Indian students, on enriched fuels, upgrade of operational instru- (3) $300,000 for fiscal year 2004. average, have scored far lower on the mentation, and sharing of reactors among (4) $300,000 for fiscal year 2005. National Assessment for Education universities. (5) $300,000 for fiscal year 2006. (2) In collaboration with the U.S. nuclear (f) REFUELING OF RESEARCH REACTORS AND Progress indicators than all other stu- industry, assistance, where necessary, in re- INSTRUMENTATION UPGRADES.—Of the funds dents. licensing and upgrading training reactors as under subsection (a), the following sums are By ignoring the most fundamental part of a student training program. authorized to be appropriated to carry out aspect of education; that is, safe, qual- (3) A reactor research and training award section 3(c)(1): ity educational facilities, there is little program that provides for reactor improve- (1) $6,000,000 for fiscal year 2002. hope of breaking the cycle of low edu- ments as part of a focused effort that empha- (2) $6,500,000 for fiscal year 2003. cational achievement, and the unem- sizes research, training, and education. (3) $7,000,000 for fiscal year 2004. (d) UNIVERSITY—DOE LABORATORY INTER- (4) $7,500,000 for fiscal year 2005. ployment and poverty that result from ACTIONS.—The Secretary of Energy, through (5) $8,000,000 for fiscal year 2006. neglected academic potential. the Office of Nuclear Science and Tech- (g) RE-LICENSING ASSISTANCE.—Of the The Indian School Construction Act nology, shall develop— funds under subsection (a), the following establishes a bonding authority to use February 1, 2001 CONGRESSIONAL RECORD — SENATE S1019 existing tribal education funds for ment’’ by section 7701(a)(40) of the Internal tects, engineers, and construction firms in bonds in the municipal finance market Revenue Code of 1986, including the applica- order to determine the needs of the tribal which currently serves local govern- tion of section 7871(d) of such Code. Such school and for the design and engineering of ments across the Nation. Instead of term includes any consortium of tribes ap- the school; proved by the Secretary. (B) enter into and make payments under funding construction projects directly, (b) ISSUANCE OF BONDS.— contracts with financial advisors, under- these existing funds will be leveraged (1) IN GENERAL.—The Secretary shall estab- writers, attorneys, trustees, and other pro- through bonds to fund substantially lish a pilot program under which eligible fessionals who would be able to provide as- more tribal school construction, main- tribes have the authority to issue qualified sistance to the tribe in issuing bonds; and tenance and repair projects. tribal school modernization bonds to provide (C) carry out other activities determined The Bureau of Indian Affairs esti- funding for the construction, rehabilitation, appropriate by the Secretary. or repair of tribal schools, including the ad- mates the tribal school construction (4) BOND TRUSTEE.— vance planning and design thereof. (A) IN GENERAL.—Notwithstanding any and repair backlog at over $1 billion. (2) ELIGIBILITY.— Confounding this backlog, inflation other provision of law, any qualified tribal (A) IN GENERAL.—To be eligible to issue school modernization bond issued by a tribe and facility deterioration severely in- any qualified tribal school modernization under this subsection shall be subject to a bond under the program under paragraph (1), creases this amount. The administra- trust agreement between the tribe and a a tribe shall— tion’s school construction request for trustee. (i) prepare and submit to the Secretary a fiscal year 2001 was over $62 million. In (B) TRUSTEE.—Any bank or trust company this budgetary climate, I believe every plan of construction that meets the require- ments of subparagraph (B); that meets requirements established by the avenue for efficiently stretching the (ii) provide for quarterly and final inspec- Secretary may be designated as a trustee Federal dollar should be explored. tion of the project by the Bureau; and under subparagraph (A). Tribal schools in my State and (iii) pledge that the facilities financed by (C) CONTENT OF TRUST AGREEMENT.—A trust around the country address the unique such bond will be used primarily for elemen- agreement entered into by a tribe under this learning needs and styles of Indian stu- tary and secondary educational purposes for paragraph shall specify that the trustee, with respect to any bond issued under this dents, with sensitivity to Native cul- not less than the period such bond remains outstanding. subsection shall— tures, ultimately promoting higher (i) act as a repository for the proceeds of academic achievement. There are (B) PLAN OF CONSTRUCTION.—A plan of con- struction meets the requirements of this the bond; strong historical and moral reasons for subparagraph if such plan— (ii) make payments to bondholders; continued support of tribal schools. In (i) contains a description of the construc- (iii) receive, as a condition to the issuance keeping with our special trust respon- tion to be undertaken with funding provided of such bond, a transfer of funds from the sibility to sovereign Indian nations, we under a qualified tribal school modernization tribal school modernization escrow account need to promote the self-determination bond; established under paragraph (6)(B) or from (ii) demonstrates that a comprehensive other funds furnished by or on behalf of the and self-sufficiency of Indian commu- tribe in an amount, which together with in- nities. Education is absolutely vital to survey has been undertaken concerning the construction needs of the tribal school in- terest earnings from the investment of such this effort. Allowing the continued de- volved; funds in obligations of or fully guaranteed by terioration and decay of tribal schools (iii) contains assurances that funding the United States or from other investments through lack of funding would violate under the bond will be used only for the ac- authorized by paragraph (10), will produce the Government’s commitment and re- tivities described in the plan; moneys sufficient to timely pay in full the sponsibility to Indian nations and only (iv) contains response to the evaluation entire principal amount of such bond on the slow the progress of self-sufficiency. criteria contained in Instructions and Appli- stated maturity date therefor; I urge my colleagues to closely exam- cation for Replacement School Construction, (iv) invest the funds received pursuant to clause (iii) as provided by such clause; and ine the Indian School Construction Act Revision 6, dated February 6, 1999; and (v) contains any other reasonable and re- (v) hold and invest the funds in a seg- and join me in working to make this lated information determined appropriate by regated fund or account under the agree- innovative funding mechanism a re- the Secretary. ment, which fund or account shall be applied ality. I ask unanimous consent that (C) PRIORITY.—In determining whether a solely to the payment of the costs of items the text of the legislation be printed in tribe is eligible to participate in the program described in paragraph (3). the RECORD. under this subsection, the Secretary shall (D) REQUIREMENTS FOR MAKING DIRECT PAY- There being no objection, the bill was give priority to tribes that, as demonstrated MENTS.— ordered to be printed in the RECORD, as by the relevant plans of construction, will (i) IN GENERAL.—Notwithstanding any follows: fund projects— other provision of law, the trustee shall (i) described in the Education Facilities make any payment referred to in subpara- S. 243 Replacement Construction Priorities List as graph (C)(v) in accordance with requirements Be it enacted by the Senate and House of Rep- of FY 2000 of the Bureau of Indian Affairs (65 that the tribe shall prescribe in the trust resentatives of the United States of America in Fed. Reg. 4623-4624); agreement entered into under subparagraph Congress assembled, (ii) described in any subsequent priorities (C). Before making a payment to a con- SECTION 1. SHORT TITLE. list published in the Federal Register; or tractor under subparagraph (C)(v), the trust- This Act may be cited as the ‘‘Indian (iii) which meet the criteria for ranking ee shall require an inspection of the project School Construction Act’’. schools as described in Instructions and Ap- by a local financial institution or an inde- SEC. 2. INDIAN SCHOOL CONSTRUCTION. plication for Replacement School Construc- pendent inspecting architect or engineer, to (a) DEFINITIONS.—In this section: tion, Revision 6, dated February 6, 1999. ensure the completion of the project. (1) BUREAU.—The term ‘‘Bureau’’ means (D) ADVANCE PLANNING AND DESIGN FUND- (ii) CONTRACTS.—Each contract referred to the Bureau of Indian Affairs of the Depart- ING.—A tribe may propose in its plan of con- in paragraph (3) shall specify, or be renegoti- ment of the Interior. struction to receive advance planning and ated to specify, that payments under the (2) INDIAN.—The term ‘‘Indian’’ means any design funding from the tribal school mod- contract shall be made in accordance with individual who is a member of a tribe. ernization escrow account established under this paragraph. (3) SECRETARY.—The term ‘‘Secretary’’ paragraph (6)(B). Before advance planning (5) PAYMENTS OF PRINCIPAL AND INTEREST.— means the Secretary of the Interior. and design funds are allocated from the es- (A) PRINCIPAL.—No principal payments on (4) TRIBAL SCHOOL.—The term ‘‘tribal crow account, the tribe shall agree to issue any qualified tribal school modernization school’’ means an elementary school, sec- qualified tribal school modernization bonds bond shall be required until the final, stated ondary school, or dormitory that is operated after the receipt of such funds and agree as maturity of such bond, which stated matu- by a tribal organization or the Bureau for a condition of each bond issuance that the rity shall be within 15 years from the date of the education of Indian children and that re- tribe will deposit into such account or a fund issuance. Upon the expiration of such period, ceives financial assistance for its operation managed by the trustee as described in para- the entire outstanding principal under the under an appropriation for the Bureau under graph (4)(C) an amount equal to the amount bond shall become due and payable. section 102, 103(a), or 208 of the Indian Self- of such funds received from the escrow ac- (B) INTEREST.—In lieu of interest on a Determination and Education Assistance Act count. qualified tribal school modernization bond (25 U.S.C. 450f, 450h(a), and 458d) or under the (3) PERMISSIBLE ACTIVITIES.—In addition to there shall be awarded a tax credit under Tribally Controlled Schools Act of 1988 (25 the use of funds permitted under paragraph section 1400K of the Internal Revenue Code U.S.C. 2501 et seq.) under a contract, a grant, (1), a tribe may use amounts received of 1986. or an agreement, or for a Bureau-operated through the issuance of a qualified tribal (6) BOND GUARANTEES.— school. school modernization bond to— (A) IN GENERAL.—Payment of the principal (5) TRIBE.—The term ‘‘tribe’’ has the mean- (A) enter into and make payments under portion of a qualified tribal school mod- ing given the term ‘‘Indian tribal govern- contracts with licensed and bonded archi- ernization bond issued under this subsection S1020 CONGRESSIONAL RECORD — SENATE February 1, 2001

shall be guaranteed solely by amounts depos- spect to any credit allowance date for a ‘‘(iii) DESIGNATION SUBJECT TO LIMITATION ited with each respective bond trustee as de- qualified tribal school modernization bond is AMOUNT.—The maximum aggregate face scribed in paragraph (4)(C)(iii). 25 percent of the annual credit determined amount of bonds issued during any calendar (B) ESTABLISHMENT OF ACCOUNT.— with respect to such bond. year which may be designated under sub- (i) IN GENERAL.—Notwithstanding any ‘‘(2) ANNUAL CREDIT.—The annual credit de- section (d)(1) with respect to any tribe shall other provision of law, beginning in fiscal termined with respect to any qualified tribal not exceed the limitation amount allocated year 2002, from amounts made available for school modernization bond is the product to such government under clause (ii) for such school replacement under the construction of— calendar year. account of the Bureau, the Secretary is au- ‘‘(A) the applicable credit rate, multiplied ‘‘(iv) CARRYOVER OF UNUSED LIMITATION.—If thorized to deposit not more than $30,000,000 by for any calendar year— each fiscal year into a tribal school mod- ‘‘(B) the outstanding face amount of the ‘‘(I) the limitation amount under this sub- ernization escrow account. bond. paragraph, exceeds (ii) PAYMENTS.—The Secretary shall use ‘‘(3) APPLICABLE CREDIT RATE.—For pur- ‘‘(II) the amount of qualified tribal school any amounts deposited in the escrow ac- poses of paragraph (1), the applicable credit modernization bonds issued during such count under clauses (i) and (iii) to make pay- rate with respect to an issue is the rate year, ments to trustees appointed and acting pur- equal to an average market yield (as of the the limitation amount under this subpara- suant to paragraph (4) or to make payments date of sale of the issue) on outstanding graph for the following calendar year shall described in paragraph (2)(D). long-term corporate obligations (as deter- be increased by the amount of such excess. (iii) TRANSFERS OF EXCESS PROCEEDS.—Ex- mined by the Secretary). The preceding sentence shall not apply if cess proceeds held under any trust agree- ‘‘(4) SPECIAL RULE FOR ISSUANCE AND RE- such following calendar year is after 2010. ment that are not needed for any of the pur- DEMPTION.—In the case of a bond which is ‘‘(2) CREDIT ALLOWANCE DATE.—The term poses described in clauses (iii) and (v) of issued during the 3-month period ending on a ‘credit allowance date’ means— paragraph (4)(C) shall be transferred, from credit allowance date, the amount of the ‘‘(A) March 15, time to time, by the trustee for deposit into credit determined under this subsection with ‘‘(B) June 15, the tribal school modernization escrow ac- respect to such credit allowance date shall ‘‘(C) September 15, and count. be a ratable portion of the credit otherwise ‘‘(D) December 15. (7) LIMITATIONS.— determined based on the portion of the 3- Such term includes the last day on which the (A) OBLIGATION TO REPAY.—Notwith- month period during which the bond is out- standing any other provision of law, the standing. A similar rule shall apply when the bond is outstanding. principal amount on any qualified tribal bond is redeemed. ‘‘(3) BOND.—The term ‘bond’ includes any school modernization bond issued under this ‘‘(c) LIMITATION BASED ON AMOUNT OF obligation. subsection shall be repaid only to the extent TAX.— ‘‘(4) TRIBE.—The term ‘‘tribe’’ has the of any escrowed funds furnished under para- ‘‘(1) IN GENERAL.—The credit allowed under meaning given the term ‘‘Indian tribal gov- graph (4)(C)(iii). No qualified tribal school subsection (a) for any taxable year shall not ernment’’ by section 7701(a)(40), including modernization bond issued by a tribe shall be exceed the excess of— the application of section 7871(d). Such term an obligation of, nor shall payment of the ‘‘(A) the sum of the regular tax liability includes any consortium of tribes approved principal thereof be guaranteed by, the (as defined in section 26(b)) plus the tax im- by the Secretary of the Interior. United States, the tribes, nor their schools. posed by section 55, over ‘‘(e) CREDIT INCLUDED IN GROSS INCOME.— (B) LAND AND FACILITIES.—Any land or fa- ‘‘(B) the sum of the credits allowable under Gross income includes the amount of the cilities purchased or improved with amounts part IV of subchapter A (other than subpart credit allowed to the taxpayer under this derived from qualified tribal school mod- C thereof, relating to refundable credits). section (determined without regard to sub- ernization bonds issued under this subsection ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the section (c)) and the amount so included shall shall not be mortgaged or used as collateral credit allowable under subsection (a) exceeds be treated as interest income. for such bonds. the limitation imposed by paragraph (1) for ‘‘(f) BONDS HELD BY REGULATED INVEST- (8) SALE OF BONDS.—Qualified tribal school such taxable year, such excess shall be car- MENT COMPANIES.—If any qualified tribal modernization bonds may be sold at a pur- ried to the succeeding taxable year and school modernization bond is held by a regu- chase price equal to, in excess of, or at a dis- added to the credit allowable under sub- lated investment company, the credit deter- count from the par amount thereof. section (a) for such taxable year. mined under subsection (a) shall be allowed ‘‘(d) QUALIFIED TRIBAL SCHOOL MODERNIZA- (9) TREATMENT OF TRUST AGREEMENT EARN- to shareholders of such company under pro- TION BOND; OTHER DEFINITIONS.—For pur- INGS.—Any amounts earned through the in- cedures prescribed by the Secretary. poses of this section— vestment of funds under the control of a ‘‘(g) CREDITS MAY BE STRIPPED.—Under ‘‘(1) QUALIFIED TRIBAL SCHOOL MODERNIZA- trustee under any trust agreement described regulations prescribed by the Secretary— TION BOND.— in paragraph (4) shall not be subject to Fed- ‘‘(1) IN GENERAL.—There may be a separa- ‘‘(A) IN GENERAL.—The term ‘qualified trib- eral income tax. tion (including at issuance) of the ownership al school modernization bond’ means, subject (10) INVESTMENT OF SINKING FUNDS.—Any of a qualified tribal school modernization to subparagraph (B), any bond issued as part sinking fund established for the purpose of bond and the entitlement to the credit under of an issue under section 2(c) of the Indian the payment of principal on a qualified trib- this section with respect to such bond. In School Construction Act, as in effect on the al school modernization bond shall be in- case of any such separation, the credit under date of the enactment of this section, if— vested in obligations issued by or guaranteed this section shall be allowed to the person ‘‘(i) 95 percent or more of the proceeds of by the United States or in such other assets who on the credit allowance date holds the such issue are to be used for the construc- as the Secretary of the Treasury may by reg- instrument evidencing the entitlement to tion, rehabilitation, or repair of a school fa- ulation allow. the credit and not to the holder of the bond. cility funded by the Bureau of Indian Affairs (c) EXPANSION OF INCENTIVES FOR TRIBAL ‘‘(2) CERTAIN RULES TO APPLY.—In the case of the Department of the Interior or for the SCHOOLS.—Chapter 1 of the Internal Revenue of a separation described in paragraph (1), acquisition of land on which such a facility Code of 1986 is amended by adding at the end the rules of section 1286 shall apply to the is to be constructed with part of the proceeds the following new subchapter: qualified tribal school modernization bond as of such issue, ‘‘Subchapter XI—Tribal School if it were a stripped bond and to the credit ‘‘(ii) the bond is issued by a tribe, Modernization Provisions under this section as if it were a stripped ‘‘(iii) the issuer designates such bond for ‘‘Sec. 1400K. Credit to holders of qualified coupon. purposes of this section, and tribal school modernization ‘‘(iv) the term of each bond which is part of ‘‘(h) TREATMENT FOR ESTIMATED TAX PUR- bonds. such issue does not exceed 15 years. POSES.—Solely for purposes of sections 6654 ‘‘SEC. 1400K. CREDIT TO HOLDERS OF QUALIFIED ‘‘(B) NATIONAL LIMITATION ON AMOUNT OF and 6655, the credit allowed by this section TRIBAL SCHOOL MODERNIZATION to a taxpayer by reason of holding a quali- BONDS. BONDS DESIGNATED.— ‘‘(i) NATIONAL LIMITATION.—There is a na- fied tribal school modernization bonds on a ‘‘(a) ALLOWANCE OF CREDIT.—In the case of credit allowance date shall be treated as if it a taxpayer who holds a qualified tribal tional qualified tribal school modernization bond limitation for each calendar year. Such were a payment of estimated tax made by school modernization bond on a credit allow- the taxpayer on such date. ance date of such bond which occurs during limitation is— the taxable year, there shall be allowed as a ‘‘(I) $200,000,000 for 2002, ‘‘(i) CREDIT MAY BE TRANSFERRED.—Noth- credit against the tax imposed by this chap- ‘‘(II) $200,000,000 for 2003, and ing in any law or rule of law shall be con- ter for such taxable year an amount equal to ‘‘(III) zero after 2004. strued to limit the transferability of the the sum of the credits determined under sub- ‘‘(ii) ALLOCATION OF LIMITATION.—The na- credit allowed by this section through sale section (b) with respect to credit allowance tional qualified tribal school modernization and repurchase agreements. dates during such year on which the tax- bond limitation shall be allocated to tribes ‘‘(j) CREDIT TREATED AS ALLOWED UNDER payer holds such bond. by the Secretary of the Interior subject to PART IV OF SUBCHAPTER A.—For purposes of ‘‘(b) AMOUNT OF CREDIT.— the provisions of section 2 of the Indian subtitle F, the credit allowed by this section ‘‘(1) IN GENERAL.—The amount of the credit School Construction Act, as in effect on the shall be treated as a credit allowable under determined under this subsection with re- date of the enactment of this section. part IV of subchapter A of this chapter. February 1, 2001 CONGRESSIONAL RECORD — SENATE S1021 ‘‘(k) REPORTING.—Issuers of qualified tribal The United States must press Libya sor of S. 37, a bill to amend the Inter- school modernization bonds shall submit re- to publicly accept its role in the bomb- nal Revenue Code of 1986 to provide for ports similar to the reports required under ing of Pan Am Flight 103, issue an apol- a charitable deduction for contribu- section 149(e).’’. (d) ADDITIONAL PROVISIONS.— ogy, and compensate the victims’ fami- tions of food inventory. (1) SOVEREIGN IMMUNITY.—This section and lies. S. 88 the amendments made by this section shall Consequently, today we are intro- At the request of Mr. ROCKEFELLER, not be construed to impact, limit, or affect ducing the Justice for the Victims of the name of the Senator from Oregon the sovereign immunity of the Federal Gov- Pan Am 103 Act of 2001. This legislation (Mr. SMITH) was added as a cosponsor ernment or any State or tribal government. is cosponsored by Senators HELMS, of S. 88, a bill to amend the Internal (2) APPLICATION.—This section and the BROWNBACK, LEAHY, REID of Nevada, amendments made by this section shall take Revenue Code of 1986 to provide an in- effect on the date of the enactment of this NELSON of Nebraska, CLINTON, DODD, centive to ensure that all Americans Act with respect to bonds issued after De- BAUCUS, BOXER, BYRD, and CARPER. gain timely and equitable access to the cember 31, 2001, regardless of the status of The legislation states that it shall be Internet over current and future gen- regulations promulgated thereunder. the policy of the United States to op- erations of broadband capability. pose lifting U.N. and U.S. sanctions S. 104 By Mrs. FEINSTEIN (for herself, against Libya until all cases of Amer- At the request of Ms. SNOWE, the Mr. HELMS, Mr. BROWNBACK, ican victims of Libyan terrorism have name of the Senator from Indiana (Mr. Mr. LEAHY, Mr. REID, Mr. NEL- been resolved; the Government of BAYH) was added as a cosponsor of S. SON of Nebraska, Mrs. CLINTON, Libya has accepted responsibility, has 104, a bill to require equitable coverage Mr. DODD, Mr. BAUCUS, Mrs. issued an apology, has paid compensa- of prescription contraceptive drugs and BOXER, Mr. BYRD, and Mr. CAR- tion to the victims’ families of Pan Am devices, and contraceptive services PER): 103; and has taken real and concrete under health plans. S. 244. A bill to provide for United steps to end support of international S. 120 States policy toward Libya; to the terrorism; and the legislation would At the request of Mrs. FEINSTEIN, the Committee on Foreign Relations. prohibit assistance to the Government name of the Senator from Hawaii (Mr. Mrs. FEINSTEIN. Mr. President, yes- of Libya until the President deter- terday a Scottish court, meeting in the INOUYE) was added as a cosponsor of S. mines and certifies that Libya has ful- Netherlands, convicted Abdel Basset 120, a bill to establish a demonstration filled the above requirements. Ali Megrahi for the 1988 bombing of project to increase teacher salaries and In addition, the legislation expresses Pan American flight 103 over employee benefits for teachers who the sense of the Senate that the Gov- Lockerbie, Scotland. That court sen- enter into contracts with local edu- ernment of Libya should be condemned tenced him to life in prison. Two-hun- cational agencies to serve as master for its support of international ter- dred seven people, including 189 Ameri- teachers. rorism and the bombing of Pan Am 103. cans, lost their lives in this barbaric S. 127 act. Second, the Government of Libya At the request of Mr. MCCAIN, the In addition, the court conclusively should accept responsibility for the names of the Senator from South Caro- tied the planning and execution of the bombing, issue a public apology, and lina (Mr. THURMOND) and the Senator bombing to Libya and Libya intel- provide due compensation. from California (Mrs. FEINSTEIN) were ligence. Finally, the President, the Secretary While no verdict could have fully of State, and other U.S. officials should added as cosponsors of S. 127, a bill to comforted the families of the victims, encourage other countries and the give American companies, American eased their anguish, or removed the United Nations to maintain sanctions workers, and American ports the op- haunting images from their minds, against Libya until it fulfills the above portunity to compete in the United they can take some solace in the fact requirements. Until Libya accepts re- States cruise market. that guilt has now been established. I sponsibility for its actions, apologizes, S. 143 would like to personally thank the and ends its support for international At the request of Mr. GRAMM, the families of the victims for their hard terrorism, the United States should name of the Senator from Indiana (Mr. work, for their dedication, and for the leave and will leave no stone unturned BAYH) was added as a cosponsor of S. unyielding determination to ensure in the quest for justice. 143, a bill to amend the Securities Act that their loved ones did not die in We owe the victims of Pan Am 103 no of 1933 and the Securities Exchange Act vain. The international community less. of 1934, to reduce securities fees in ex- truly owes them a debt of gratitude. Mr. President, I yield the floor. cess of those required to fund the oper- Nevertheless, the quest for justice is f ations of the Securities and Exchange not over. Now some have suggested the Commission, to adjust compensation verdict brings the matter to a close, ADDITIONAL COSPONSORS provisions for employees of the Com- and at the sanctions in place since 1992 S. 22 mission, and for other purposes. should now be lifted. We, however, be- At the request of Mr. HAGEL, the S. 174 lieve that would be a serious mistake name of the Senator from Wyoming At the request of Mr. KERRY, the and an insult to the victims and their (Mr. ENZI) was added as a cosponsor of name of the Senator from North Da- families. U.N. Resolutions have re- S. 22, a bill to amend the Federal Elec- kota (Mr. CONRAD) was added as a co- quired Libya to pay compensation to tion Campaign Act of 1971 to provide sponsor of S. 174, a bill to amend the the families of the victims of Pan Am meaningful campaign finance reform Small Business Act with respect to the 103 if a guilty verdict is rendered, and, through requiring better reporting, de- microloan program, and for other pur- second, to officially end support for creasing the role of soft money, and in- poses. international terrorism before the mul- creasing individual contribution lim- S. 177 tilateral sanctions can permanently be its, and for other purposes. lifted. At the request of Mr. AKAKA, the A formal lifting of the sanctions now S. 29 name of the Senator from Georgia (Mr. would send Libya the wrong signal. It At the request of Mr. BOND, the name MILLER) was added as a cosponsor of S. would indicate that the international of the Senator from Mississippi (Mr. 177, a bill to amend the provisions of community has absolved Libya of its COCHRAN) was added as a cosponsor of title 19, United States Code, relating to role in the bombing, a role, to repeat, S. 29, a bill to amend the Internal Rev- the manner in which pay policies and clearly established by the Scottish enue Code of 1986 to allow a deduction schedules and fringe benefit programs court. It would say that Libya should for 100 percent of the health insurance for postmasters are established. be accepted back into the community costs of self-employed individuals. S. 189 of responsible nations. It would bestow S. 37 At the request of Mr. BOND, the name upon Colonel Qadhafi’s regime a re- At the request of Mr. LUGAR, the of the Senator from Mississippi (Mr. spect and credibility it seeks but has name of the Senator from Mississippi COCHRAN) was added as a cosponsor of not earned. (Mr. COCHRAN) was added as a cospon- S. 189, a bill to amend the Internal S1022 CONGRESSIONAL RECORD — SENATE February 1, 2001 Revenue Code of 1986 to provide tax re- cation policy to enhance national security could make low-interest loans to stu- lief for small businesses, and for other and significantly further United States for- dents. purposes. eign policy and global competitiveness. Today more than ever, in an environ- SEC. 2. OBJECTIVES OF AN INTERNATIONAL EDU- ment of intense global economic, sci- S. 231 CATION POLICY FOR THE UNITED At the request of Mr. CAMPBELL, the STATES. entific and technological competition, names of the Senator from Iowa (Mr. An international education policy for the a national education policy is crucial GRASSLEY), the Senator from Hawaii United States should strive to achieve the to America’s leadership in the world. I (Mr. AKAKA), and the Senator from Ha- following: believe that we need a new national de- (1) Invigorate citizen and professional waii (Mr. INOUYE) were added as co- fense education policy that focuses on international exchange programs and to pro- sponsors of S. 231, a bill to amend the foreign languages and the history and mote the international exchange of scholars. cultures in other parts of the world, be- Elementary and Secondary Education (2) Streamline visa, taxation, and employ- Act of 1965 to ensure that seniors are ment regulations applicable to international cause we can not lead in a world we do given an opportunity to serve as men- students. not understand. Unfortunately, we are tors, tutors, and volunteers for certain (3) Significantly increase participation in once again falling behind when it programs. study abroad by United States students. comes to providing our children the (4) Promote greater diversity of locations, f tools they need to compete on the glob- languages, and subjects involved in study al stage. SENATE CONCURRENT RESOLU- abroad to ensure that the United States Less than one-tenth of graduating TION 7—EXPRESSING THE SENSE maintains an adequate international knowl- American college students have studied edge base. OF CONGRESS THAT THE UNITED abroad. The reality of the global econ- STATES SHOULD ESTABLISH AN (5) Ensure that a college graduate has knowledge of a second language and of a for- omy dictates that we cannot allow this INTERNATIONAL EDUCATION eign area. rate to stand. In order for graduates to POLICY TO ENHANCE NATIONAL (6) Enhance the educational infrastructure be effective in the increasingly inter- SECURITY AND SIGNIFICANTLY through which the United States produces national business community, they FURTHER UNITED STATES FOR- international expertise. must better understand the world. Sec- EIGN POLICY AND GLOBAL COM- (7) Capture 40 percent of the international retary Richard Riley put it well last PETITIVENESS. student market for the United States. year when he argued that ‘‘college stu- Mr. KERRY (for himself, Mr. LEVIN, Mr. KERRY. Mr. President, today I dents [should] expect their education Mr. REID, Mr. GRAHAM, and Mr. am honored to be joined by Senators to give them a diverse global perspec- WELLSTONE) submitted the following LUGAR, LEVIN, REID, WELLSTONE, and tive that enriches their learning. More concurrent reslution; which was re- GRAHAM in introducing a resolution fo- and more, international education will ferred to the Committee on Foreign cused on the important issue of inter- become the norm, not the exception, Relations. national education. My colleagues and and students will routinely study I strongly believe that the United S. CON. RES. 7 abroad and know multiple languages.’’ States should continue to build a vig- Whereas educating international students Of course, international education is an important way to spread United States orous international education policy. works both ways. The resolution we are values and influence and to create goodwill Former Secretary of Education Rich- introducing today also recognizes the for the United States throughout the world; ard Riley has noted that nations across intrinsic value of bringing inter- Whereas international exchange programs, the world are keen on fostering greater national students to study in this that in the past have done much to extend faculty and student exchanges and sug- country. Today, the percentage of United States influence in the world by edu- gested a series of new steps to re-ener- science and engineering doctoral re- cating the world’s leaders, are suffering from gize the cause of international edu- cipients from abroad is declining. We decline; cation in the United States. The con- Whereas international education is impor- must reverse this trend, because inter- tant to meet future challenges facing the ference report of the FY01 Commerce, national students working in our uni- United States including challenges involving Justice, State Appropriations bill in- versities make a valuable contribution national security and the management of cluded language recognizing that inter- to the research and study of their global conflict and competitiveness in a national education is a foreign policy American counterparts and an invalu- global economy; priority. On November 11–17, 2000, cam- able contribution to global peace and Whereas international education entails puses and schools across the country stability when they return to their the imparting of effective global literacy to celebrated the first-ever International home nations imbued with all the pos- United States students and other citizens as Education Week, recognized by Presi- an integral part of their education; sibilities democracy has to offer. Whereas more than 500,000 international dential Proclamation. I hope that this Mr. LUGAR. Mr. President, I rise to students and their dependents contributed resolution will build on these efforts to introduce a resolution expressing the an estimated $12,300,000,000 to the United preserve and extend a proud tradition need for establishing an international States economy in the academic year 1999- of support for U.S. international edu- education policy for the United States. 2000; cation programs that dates back al- I am pleased to join Senator KERRY and Whereas other countries, especially the most a half century. other colleagues from both sides of the United Kingdom, are mounting vigorous re- Providing an excellent education to aisle in this endeavor. cruitment campaigns to compete for inter- America’s children has always been Ask any American Ambassador in national students; vital in preserving U.S. leadership Whereas United States competitiveness in any U.S. Embassy what their most val- the international student market is declin- abroad. During the cold war, we dem- uable programs are and many will re- ing, the United States share of internation- onstrated democracy’s strength by spond by citing those programs which ally mobile students having declined from 40 winning the space race, by possessing promote international cooperation and percent to 30 percent since 1982; superior scientific knowledge, and by understanding. Educational and cul- Whereas less than 10 percent of United understanding the languages, cultures tural exchanges typically rank high on States students graduating from college and history of regions where the de- their list because they are integral to have studied abroad; and fense of liberty and freedom was para- our foreign policy and national secu- Whereas research indicates that the United mount. In 1958, in response to the States is failing to graduate enough students rity interests and build enormous good with expertise in foreign languages and cul- launch of Sputnik by the Soviet Union, will abroad. tures to fill the demands of business, govern- the Congress enacted the National De- Our resolution reflects the same pri- ment, and universities: Now, therefore, be it fense Education Act as a major tool of ority to international education. It ex- Resolved by the Senate (the House of Rep- cold war policy. The NDEA focused on presses the need for an international resentatives concurring), improving the teaching of science and education policy that enhances our na- SECTION 1. SENSE OF CONGRESS ON THE ESTAB- math education, history, geography tional security, advances our foreign LISHMENT OF AN INTERNATIONAL and foreign languages in all levels of EDUCATION POLICY FOR THE policy and strengthens our global com- UNITED STATES. education. The National Defense Edu- petitiveness. It is the sense of Congress that the United cation Act provided capital funds to Our resolution states: 1. That all col- States should establish an international edu- colleges and universities so that they lege graduates should have knowledge February 1, 2001 CONGRESSIONAL RECORD — SENATE S1023 of a second language and another geo- structive international education pol- NOMINATIONS graphic area of the world; 2. That we icy for the United States. Executive nominations received by should enhance and streamline our f educational infrastructure to strength- the Senate February 1, 2001: en international expertise—this should AUTHORITY FOR COMMITTEES TO DEPARTMENT OF STATE MEET include our employment practices, our PAUL HENRY O’NEILL, OF PENNSYLVANIA, TO BE tax laws, visa and immigration proce- COMMITTEE ON COMMERCE, SCIENCE, AND UNITED STATES GOVERNOR OF THE INTERNATIONAL MONETARY FUND FOR A TERM OF FIVE YEARS; UNITED dures, educational advising and other TRANSPORTATION STATES GOVERNOR OF THE INTERNATIONAL BANK FOR areas for improving international edu- Mrs. FEINSTEN. Mr. President, I ask RECONSTRUCTION AND DEVELOPMENT FOR A TERM OF FIVE YEARS; UNITED STATES GOVERNOR OF THE INTER- cation programs; 3. That we should in- unanimous consent that the Com- AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE crease U.S. student participation in mittee on Commerce, Science, and YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED study abroad programs. For now, only Transportation be authorized to meet STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; about one percent of our college popu- on Thursday, February 1, 2001 at 9:30 UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- MENT FUND; UNITED STATES GOVERNOR OF THE EURO- lation study abroad; 4. That we should am on the American TWA merger. PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. increase the diversity of countries, lan- The PRESIDING OFFICER. Without guages, and subjects in our study objection, it is so ordered. FOREIGN SERVICE abroad and exchange programs; and 5. THE FOLLOWING-NAMED CAREER MEMBER OF THE SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- We should promote and expand the MANAGEMENT, RESTRUCTURING AND THE DIS- RICULTURE FOR PROMOTION WITHIN THE SENIOR FOR- number, diversity and educational lev- TRICT OF COLUMBIA EIGN SERVICE TO THE CLASS INDICATED: CAREER MEMBER OF THE SENIOR FOREIGN SERVICE els of citizen and international profes- Mrs. FEINSTEN. Mr. President, I ask OF THE UNITED STATES OF AMERICA, CLASS OF MIN- sional exchange programs. unanimous consent that the Com- ISTER-COUNSELOR: We are introducing this resolution mittee on Governmental Affairs Sub- JAMES D. GRUEFF, OF MARYLAND because we believe that improved committee on Oversight of Government THE FOLLOWING-NAMED CAREER MEMBERS OF THE FOREIGN SERVICE OF THE DEPARTMENT OF AGRI- international education and global lit- Management, Restructuring and the CULTURE FOR PROMOTION INTO THE SENIOR FOREIGN eracy are important elements of a District of Columbia be authorized to SERVICE TO THE CLASS INDICATED: CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE sound foreign policy. They help: build a meet on Thursday, February 1, at 10:30 OF THE UNITED STATES OF AMERICA, CLASS OF COUN- foundation of trust and knowledge on a.m. for a hearing entitled ‘‘High-Risk: SELOR: which the conduct of international af- SUZANNE E. HEINEN, OF MICHIGAN Human Capital in the Federal Govern- ROBIN A. TILSWORTH, OF VIRGINIA fairs must take place; narrow the dis- ment.’’ GEOFFREY W. WIGGIN, OF VIRGINIA tance with other cultures and societies The PRESIDING OFFICER. Without CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE with whom we increasingly interact objection, it is so ordered. OF THE UNITED STATES OF AMERICA, CLASS OF COUN- and share burdens; our competitiveness SELOR, AND CONSULAR OFFICERS AND SECRETARIES IN f THE DIPLOMATIC SERVICE OF THE UNITED STATES OF in international commerce and trade in AMERICA: an increasingly global economy—95 PRIVILEGE OF THE FLOOR PETER FERNANDEZ, OF NEW YORK JOHN S. NICHOLS, OF MARYLAND percent of the world’s population live Mr. WELLSTONE. Mr. President, I RALPH IWAMOTO, JR., OF HAWAII outside the United States and are po- ask unanimous consent that Jay Barth, THE FOLLOWING-NAMED PERSONS OF THE DEPART- tential customers and knowing the lan- MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- who is a fellow in my office, be allowed ICE OFFICERS OF THE CLASS STATED: guage, the culture, and the customs of to have privileges of the floor during FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF other countries helps improve doing CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE the duration of this debate up to the DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- business abroad; develop skills to man- final vote. ICA, EFFECTIVE JANUARY 14, 2001: age our political relations with other The PRESIDING OFFICER. Without DEPARTMENT OF STATE countries as we address diverse chal- objection, it is so ordered. AN THANH LE, OF FLORIDA lenges to stability, national security Mr. WELLSTONE. I thank Jay Barth and economic growth; and in sharing JOSEPH T. ZUCCARINI, OF FLORIDA for all of his help in our office. FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF our values (e.g., democracy and free- CLASS THREE, CONSULAR OFFICER AND SECRETARY IN dom) and know-how with others and to f THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA, EFFECTIVE JANUARY 14, 2001 acquire values and know-how from oth- ORDER FOR ADJOURNMENT ers. DEPARTMENT OF STATE We know that international cultural The PRESIDING OFFICER. In my capacity as the Senator from the State DANIEL T. FROATS, OF CALIFORNIA and educational programs played a key MICHAEL ANDREW ORDONEZ, OF WASHINGTON of Illinois, if there is no further busi- GAVIN ALEXANDER SUNDWALL, OF NORTH CAROLINA role in helping to end the cold war and DAVID MICHAEL ZIMOV, OF OHIO build the post-Cold War era through ness to come before the Senate, I now ask unanimous consent that the Sen- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF interpersonal contacts, grass-roots ex- CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN ate stand in adjournment under the THE DIPLOMATIC SERVICE OF THE UNITED STATES OF changes and other forms of inter- AMERICA, EFFECTIVE JANUARY 14, 2001: national engagement. previous order, following the remarks Success in promoting international by the Senator from California, Mrs. DEPARTMENT OF STATE FEINSTEIN. education programs today and in the ABIGAIL KESSLER ARONSON, OF NEW JERSEY future will help promote democratic Without objection, it is so ordered. ERIN C. BRANDT, OF MICHIGAN The PRESIDING OFFICER. The Sen- DON L. BROWN, OF TEXAS values and international cooperation. LINDA ELISA DAETWYLER, OF CALIFORNIA They can serve to reduce poverty and ator from California is recognized. PAUL GRADY DEGLER, OF TEXAS Mrs. FEINSTEIN. I thank the Chair. CHERYL L. EICHORN, OF VIRGINIA injustice and promote new leaders and JOSHUA D. GLAZEROFF, OF NEW YORK new leadership skills in the U.S. and (The remarks of Mrs. FEINSTEIN JOHN J. HILL, OF ALASKA pertaining to the introduction of S. 244 MICHELLE MARIE HOPKINS, OF CALIFORNIA abroad that are essential to a better GEORGE W. LYNN, OF VIRGINIA are located in today’s RECORD under DOUGLAS L. PADGET, OF VIRGINIA world. REBECCA ANN PASINI, OF INDIANA Forty-six years ago, I traveled to ‘‘Statements on Introduced Bills and TROY ERIC PEDERSON, OF VIRGINIA study at Oxford University, England, Joint Resolutions.’’) SCOTT MICHAEL RENNER, OF COLORADO JOHN C. ROBERTS, OF MISSISSIPPI where I had the unique opportunity to f ABIGAIL ELIZABETH RUPP, OF VIRGINIA meet and study with student leaders AMY WING SCHEDLBAUER, OF TEXAS and scholars from Asia, Africa, the ADJOURNMENT UNTIL 10 A.M. Middle East, and other parts of the MONDAY, FEBRUARY 5, 2001 f world. Those two years made a dif- The PRESIDING OFFICER. Under ference in my life and I have been in- the previous order, the Senate stands CONFIRMATION debted ever since to the experiences adjourned until 10 a.m. Monday, Feb- and the idealism I learned at the time. ruary 5, 2001, for a pro forma session Executive nomination confirmed by I hope colleagues will share our en- only. the Senate February 1, 2001: thusiasm for international education Thereupon, the Senate, at 2:53 p.m., DEPARTMENT OF JUSTICE and will join us in urging the develop- adjourned until Monday, February 5, JOHN ASHCROFT, OF MISSOURI, TO BE ATTORNEY GEN- ment of a sound, cohesive and con- 2001, at 10 a.m. ERAL. February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E89 EXTENSIONS OF REMARKS

A TRIBUTE TO THE HONORABLE HUMAN RIGHTS IN COLOMBIA In dozens of interviews, conducted in small RUBY BUTLER DEMESME groups and individually over three days, sur- vivors said military aircraft undertook sur- HON. JANICE D. SCHAKOWSKY veillance of the village in the days preceding OF ILLINOIS the massacre and in the hour immediately HON. BOB ETHERIDGE IN THE HOUSE OF REPRESENTATIVES following it. The military, according to OF NORTH CAROLINA Wednesday, January 31, 2001 these accounts, provided safe passage to the paramilitary column and effectively sealed IN THE HOUSE OF REPRESENTATIVES Ms. SCHAKOWSKY. Mr. Speaker, I submit off the area by conducting what villagers de- the following article printed on the front page scribed as a mock daylong battle with leftist Wednesday, January 31, 2001 of the January 28, 2001 Washington Post. The guerrillas who dominate the area. article demonstrates a fundamental aspect of ‘‘There were no guerrillas,’’ said one resi- Mr. ETHERIDGE. Mr. Speaker, today I pay the growing human rights emergency in Co- dent, who has also told his story to two in- tribute to the accomplishments and career of vestigators from the Colombian prosecutor lombia. It also details the role of paramilitary general’s human rights office. ‘‘There motive one of North Carolina’s daughters, Mrs. Ruby organizations in human rights violations taking Butler DeMesme. Mrs. DeMesme, a public was to keep us from leaving and anyone else place in Colombia and the complicity of the from coming in until it was all clear. We servant of the highest order, recently retired Colombian military and government in allowing hadn’t seen guerrillas for weeks.’’ from her post as Assistant Secretary of the Air human rights abuse, such as the Chengue A ‘‘DIRTY WAR’’ Force for Manpower, Reserve Affairs, Installa- massacre, to continue. The rutted mountain track to Chengue tions and Environment after 32 years of serv- Despite the thousands of civilian deaths and provides a vivid passage into the conflict ice. millions of displaced people in Colombia, the consuming Colombia. Chengue and hundreds United States has moved forward with a mis- of villages like it are the neglected and for- Mrs. DeMesme earned her bachelor of arts gotten arenas where illegal armed forces of degree in English from Saint Augustine’s Col- guided policy of massive military aid and close involvement in Colombia’s conflict. I strongly the right and left, driven by a national tradi- lege in Raleigh in 1969. Ten years later she tion of settling political differences with vio- believe that our current policy under Plan Co- earned a master’s degree in social work from lence, conduct what Colombians call their lombia is the wrong approach for our nation in the University of North Carolina at Chapel Hill. ‘‘dirty war.’’ dealing with Colombia and is certainly the Before beginning her civil service career, Mrs. Despite peace talks between the govern- most ineffective and insincere way to deal with ment and the country’s largest guerrilla in- DeMesme was a highly recognized and re- our domestic drug problem. surgency, more than 25,600 Colombians died spected expert on child and spousal abuse violently last year. Of those, 1,226 civilians— CHRONICLE OF A MASSACRE FORETOLD and adolescent programs for the Cumberland a third more than the previous year—died in County Department of Social Services in Fay- (By Scott Wilson) 205 mass killings that have come to define etteville. CHENGUE, COLOMBIA.—In the cool hours be- the war. Leftist guerrillas killed 164 civilians fore sunrise on Jan. 17, 50 members of the last year in mass killings, according to gov- Mrs. DeMesme’s career in the federal work United Self-Defense Forces of Colombia ernment figures, compared with 507 civilians force began in 1980 as an Army adjutant and marched into this village of avocado farm- killed in paramilitary massacres. More than diversion chief in Mainz, West Germany, ers. Only the barking of dogs, unaccustomed 2 million Colombians have fled their homes to the blackness brought by a rare power to escape the violence. where she led the effort to improve family sup- outage, disturbed the mountain silence. In this northern coastal mountain range, port and quality of life programs. In 1989, she For an hour, under the direction of a strategic for its proximity to major trans- left the Department of the Army and served as woman known as Comandante Beatriz, the portation routes, all of Colombia’s armed ac- a senior aide to former Senator John Glenn. paramilitary troops pulled men from their tors are present. Two fronts of the Revolu- After leaving Capitol Hill, Mrs. DeMesme re- homes, starting with 37-year-old Jaime Me- tionary Armed Forces of Colombia (FARC), turned to the Army for a brief time until her rino and his three field workers. They assem- the country’s oldest and largest leftist guer- bled them into two groups above the main rilla insurgency with about 17,000 armed move to the Department of the Air Force in square and across from the rudimentary members, control the lush hills they use to 1991, where she would work until her retire- health center. Then, one by one, they killed hide stolen cattle and victims of ment. She was appointed and confirmed to the men by crushing their heads with heavy kidnappings-for-profit. her current post on August 13, 1998. stones and a sledgehammer. When it was The privately funded United Self-Defense over, 24 men lay dead in pools of blood. Two Forces of Colombia, known by the initials Over her ten years with the Air Force, Mrs. more were found later in shallow graves. As AUC in Spanish, patrols the rolling pastures DeMesme was responsible for increasing the troops left, they set fire to the village. and menaces the villages that provide the housing and station funding policies, estab- The growing power and brutality of Colom- FARC with supplies. Paramilitary groups lishing the military Transition Assistance Pro- bia’s paramilitary forces have become the across Colombia have grown in political pop- gram, and working to ensure that the Air chief concern of international human rights ularity and military strength in recent years groups and, increasingly, Colombian and as a counterweight to the guerrillas, and ob- Force had the highest quality child develop- U.S. officials who say that 8,000-member pri- tain much of their funding from relations ment programs. She was also the catalyst be- vate army pose the biggest obstacle to peace with drug traffickers. Here in Sucre prov- hind the effort to revitalize communities af- in the country’s decades-old civil conflict. ince, ranchers who are the targets of the fected by base closures and realignments, This massacre, the largest of 23 mass kidnappings and cattle theft allegedly fi- overhauled the military commissary and base killings attributed to the paramilitaries this nance the paramilitary operations. AUC month, comes as international human rights exchange system, established policies regard- commander Carlos Castano, who has con- groups push for the suspension of U.S. aid to demned the massacre here and plans his own ing harassment and discrimination, and led the the Colombian armed forces until the mili- investigation, lives a few hours away in Department of Defense in military family hous- tary shows progress on human rights. The neighboring Cordoba province. ing privatization. armed forces, the chief beneficiary of the $1.3 The armed forces, who are outnumbered by billion U.S. anti-drug assistance package the leftist guerrillas in a security zone that Mrs. DeMesme has touched the lives of known as Plan Colombia, deny using the covers 9,000 square miles and includes more thousands of people during her distinguished paramilitaries as a shadow army against than 200 villages, are responsible for con- career and it is fitting that we honor her today. leftist guerrillas, turning a blind eye to their fronting both armed groups. Col. Alejandro Ruby Butler DeMesme is a true patriot who crimes or supporting them with equipment, Parra, head of the navy’s 1st Brigade, with has helped maintain the best military force in intelligence and troops. responsibility for much of Colombia’s north- But in Chengue, more than two dozen resi- the world. Today, I thank her for her years of ern coast, said the military would need at dents interviewed in their burned-out homes least 1,000 more troops to effectively control dedicated service to our brave men and and temporary shelters said they believe the the zones. women in uniform and wish the very best for Colombian military helped carry out the The military has prepared its own account her and her family in the years to come. massacre. of the events surrounding the massacre at

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A01FE8.000 pfrm04 PsN: E01PT1 E90 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2001 Chengue, which emptied this village of all possible massacre and did nothing,’’ said a cording to several witnesses, one militiaman but 100 of its 1,200 residents. Parra confirmed municipal official in Ovejas, who like many used a portable radio to make a call. No elements of survivor accounts, but denied interviewed in the aftermath of the slaugh- transmission was intercepted that morning that military aircraft were in the area before ter requested anonymity for fear of reprisal. by military officials, although their log of or immediately after the killings. He said his ‘‘The military seemed to clear out of the the preceding weeks showed numerous inter- troops’ quick response may have averted a zone.’’ cepts of FARC radio traffic. Then the men broader massacre involving neighboring vil- After weeks of not seeing any sign of the smashed the town’s only telephone and set lages. military, villagers said a small, white pro- the village on fire. ‘‘They must have been confused about the peller plane swooped low over the village on The hillside was full of hiding villagers, time’’ the first helicopters arrived, Parra Jan. 14, three days before the massacre. They many of whom say that between 15 and 30 said. ‘‘If there were any helicopters there identified the aircraft as the same plane used minutes later two military helicopters ar- that soon after the massacre, they weren’t to drop anti-guerrilla pamphlets three rived overhead and circled for several min- ours.’’ months earlier—a ‘‘psychological oper- utes. The sun was beginning to rise. STRATEGIC LOCATION ation,’’ Parra confirmed, although he denied ‘‘They would have been able to see [the Three families have flourished in Chengue knowledge of this particular flight. The low- paramilitaries] clearly at that hour,’’ said for generations, tending small orchards of altitude pass left the farmers uneasy. one survivor, who has fled to Ovejas. ‘‘Why avocados renowned for their size and sweet- Over the next two nights, the darkness fell didn’t they catch anyone?’’ ness. The only residents not related to the on the village, residents said two green mili- Human rights officials say the described tary helicopters passed over in slow circles. Oviedo, Lopez or Merino families are the events resemble those surrounding the mas- ‘‘They are the same ones I’d seen pass by be- farm workers who travel the lone dirt road sacre last year in El Salado. Gen. Rodrigo fore, but just coming and going, not cir- that dips through town. The longest trip Quinones was the officer in charge of the se- cling,’’ said a young mother. ‘‘We didn’t most inhabitants ever make is the two-hour curity zone for Chengue and El Salado at know what they were doing.’’ that time, and remained in that post in the drive by jeep to Ovejas, the local government Seven hours after the helicopters left the months leading up to the Chengue massacre. seat. second time, the power went out in Chengue, But in recent years the village, set in the He left the navy’s 1st Brigade last month to Salitral and a series of neighboring villages Montes de Maria range, has become a target run a special investigation at the Atlantic that had warned of a pending paramilitary on battle maps because of its strategic perch Command in Cartagena, from where military attack. Villagers noted the time somewhere between the Caribbean Sea and the flights in the zone are directed. between 1:30 and 2 a.m. because, as one In a report issued this month, Amnesty Magdalena River. Whoever controls the woman remembered, ‘‘the dogs started bark- International, Human Rights Watch and the mountains also threatens the most impor- ing when the house lights went out.’’ Some Washington Office on Latin America called tant transportation routes in the north. villagers lit candles. Most remained asleep. Villagers say FARC guerrillas frequently In the blackness, the paramilitary column specifically for Quinones’s removal. As a re- pass through seeking supplies. Any support, dressed in Colombian army uniforms moved gional head of naval intelligence in the early many villagers say, is given mostly out of along the dirt road from the west, arriving 1990s, Quinones was linked to the killings of fear. As one 34-year-old farmer who survived between 4 and 4:30 a.m., villagers said. The 57 trade unionists, human rights workers and the massacre by scrambling out his back column was led by Beatriz, whom military activists. He was acquitted by a military window said, ‘‘When a man with a gun officials said is a nurse by training; wit- court. According to the human rights report, knocks on our door at 11 at night wanting nesses said the men in her command ad- a civilian judge who reviewed the case was food and a place to sleep, he becomes your dressed her as ‘‘doctora.’’ ‘‘perplexed’’ by the verdict, saying he found landlord.’’ The column stopped at the gray concrete the evidence of Quinones’s guilt ‘‘irref- The AUC’s Heroes of the Montes de Maria home of Jaime Merino, the first on the road, utable.’’ Front announced its arrival in Chengue last and kicked in the door. They seized him and El Salado survivors said a military plane spring with pamphlets and word-of-mouth three workers, including Luis Miguel Ro- and helicopter flew over the village the day warnings of a pending strike. The mero, who picked avocados to pay for med- of the massacre, and that at least one paramilitaries apparently identified Chengue ical treatment for his infant daughter. wounded militiaman was transported from as a guerrilla stronghold—a town to be They were led down the steep dirt road the site by military helicopter. Soldiers emptied. The AUC’s local commander, into the village, past the church and school, under Quinones’s command sealed the vil- Beatriz, was one a member of the FARC’s and to a small terrace above the square lage for days, barring even Red Cross work- 35th Front, which operates in the zone, mili- where they waited. Three brothers from the ers from entering. tary officials said. Ten months ago she quar- green house on the square, a father and two ‘‘We are very worried and very suspicious reled with the FARC leadership for allegedly sons from the sky blue house across the about the coincidences,’’ said Anders mishandling the group’s finances and de- square, and Nestor Merino, a mentally ill Kompass, the U.N. High Commissioner for fected to the AUC for protection and perhaps man who hadn’t left his home in four Human Rights representative in Colombia. a measure of revenge. months, all joined them in the flickering ‘‘This involves the same officer in charge, In April, community leaders in Chengue darkness. the same kind of military activity before and 20 other villages sent President Andres When the men arrived for Rusbel Oviedo and after the massacre, and the same lack of Pastrana and the regional military command Barreto, 23, his father blocked the door. military presence while it was going on.’’ a letter outlining the threat. ‘‘We have noth- ‘‘They pushed me away,’’ said Enrique al ‘THERE IS A TERROR HERE’ ing to do with this conflict,’’ they wrote in Alberto Oviedo Merino, 68. ‘‘I was yelling not asking for protection. to take him, and they were saying ‘we’ll During the two hours following the The letter was sent two months after the check the computer.’ There was no com- killings, survivors emerged from hiding and massacre of 36 civilians in El Salado, a vil- puter. They were mocking us. They took my into the shambles of their village. Eliecer lage about 30 miles southeast of here in Boli- identification card and said they would know Lopez Oviedo, a 66-year-old Chengue native, var province that is patrolled by the same me the next time.’’ said his son arrived at his small farm at 9 military command and paramilitary forces. Cesar Merino awoke on his farm above the a.m. But according to villagers and municipal of- village, and peering down, saw the town ‘‘He told me they had burned Chengue, ficials in Ovejas, the request for help brought below lit by candles. His neighbors, 19-year- killed my brothers, my sister and my niece,’’ no response from the central government or old Juan Carlos Martinez Oviedo and his he said. ‘‘I arrived there to find that they the navy’s 1st Brigade, which is based in the younger brother Elkin, were also awake. The hadn’t killed the women. But my three city of Sincelejo 25 miles south of here. three men, who worked the same avocado brothers were above the square, dead.’’ In October, the villagers repeated their farm, walked down the hillside into town. What Oviedo and others found were two call for help in another letter to Pastrana, Elkin, 15, was the youngest to die. piles of bodies—17 on the dirt terrace above regional military leaders, international On the far side of town, where the road the square, seven in front of the health cen- human rights groups and others. Municipal bends up and out toward Ovejas, the ter. Cristobal Merino’s Yankees hat, torn officials met with members of the 1st Bri- paramilitaries gathered Cesar Merino’s cous- and bloody, lay near his body. The rocks gade in November, but said no increased in, Andres Merino, and his 18-year-old son, used in the killings remained where they military presence materialized. In fact, mu- Cristobal. One of them, father or son, were dropped. The bodies of Videncio Quin- nicipal officials said, the 5th Marine Infantry watched the other die before his own execu- tana Barreto and Pedro Arias Barreto, killed Battalion seemed to stop patrolling the vil- tion. along with fathers and brothers, were found lage. Human rights workers and survivors specu- later in shallow graves. Six Chengue residents who signed the let- lated that the paramilitaries, who were Ash from more than 20 burning houses ter died in the massacre. Col. Parra said the armed with automatic rifles, used stones to floated in the hot, still air. Graffiti declaring requests for help were among dozens received kill the men to heighten the horror of the ‘‘Get Out Marxist Communist Guerrillas,’’ at brigade headquarters in the past year, but message to surrounding villages and to ‘‘AUC’’ and ‘‘Beatriz’’ was scrawled across that manpower shortages made it impossible maintain a measure of silence in a guerrilla the walls of vacant houses. ‘‘The bodies were to respond to every one. zone. all right there for us to see, and I knew all ‘‘What is clear is that the government and The work was over within an hour and a of them,’’ said a 56-year Chengue resident [the military] knew about the evidence of a half. As the column prepared to leave, ac- whose brother and brother-in-law were

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\A31JA8.056 pfrm04 PsN: E01PT1 February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E91 among the dead. ‘‘Now there is a terror disappoint. Finishing a season undefeated and As a former public school teacher, I had here.’’ untied, as the Ludlow girls did, is a feat well first-hand experience in seeing the hard work Officials at the 1st Brigade said they were deserving of high praise. The Ludlow girls soc- of our Nation’s school nurses. All teachers alerted at 8:45 a.m. when the National Police chief for Sucre reported a possible para- cer team rose to the challenge each and every know that being a good student require a de- military ‘‘incursion’’ in Chengue. According game. They are winners in every sense of the gree of good health, and I appreciate the work to a military log, Parra dispatched two heli- word and are examples of athletic prowess, of Ms. Fitzpatrick in organizing health efforts copters to the village at 9:30 a.m. and the class, and true sportsmanship. for the children in my district and wish to ex- Dragon company of 80 infantry soldiers based For leading his team to such accomplish- tend my personal congratulations. in nearby Pijiguay five minutes later. Vil- ments, Head Coach Jim Calheno has been It is important to note that the work of many lagers said the troops did not arrive for at named the Massachusetts Division I Girls’ school nurses, like Ms. Fitzpatrick, goes be- least another two hours. Coach of the Year. Under his leadership, the yond the assistance they provide directly to When they did arrive, according to logs and soldiers present that day, a gun battle Lions have remained a perennial powerhouse. students. They serve as mentors to their col- erupted with guerrillas from the FARC’s 35th His assistants are tireless and deserve praise leagues, and serve an array of needs ranging Front. Parra said he sealed the roads into as well. In addition I would like to note that from medical ailments to counseling for a stu- the zone ‘‘to prevent the paramilitaries from senior midfielder Liz Dyjak has earned All- dent who needs a listening ear. Betty escaping.’’ The battle lasted all day—the air American honors while senior forward Steph- Fitzpatrick, especially, has participated in train- force sent in one Arpia and three Black anie Santos has been named to the All-New ing for and as a consultant to school nurses, Hawk helicopters at 2:10 p.m., according to England team. to assist them in developing crisis plans, and the military—and village residents waved Mr. Speaker, allow me to recognize here the in dealing with tragic situations. homemade white flags urging the military to Ms. Fitzpatrick has spent her personal and shop shooting. No casualties were reported players, coaches, and managers of the 2000 on either side. No paramilitary troops were Ludlow High School girls soccer team. The professional life advocating children’s physical captured. seniors are: Jessica Vital, Lindsay Robillard, and mental health while supporting school Three days later, the 1st Brigade an- Sarah Davis, Lindsay Haluch, Nikky Gebo, Liz nursing. For the past 11 years she has served nounced the arrest of eight people in connec- Dyjak, Kara Williamson, Stephanie Santos, as the Director of Health Services for all 136 tion with the killings. They were appre- and Ana Pereira. Kristine Goncalves is a Jun- Jefferson County Schools in Golden, Colo- hended in San Onofre, a town 15 miles from ior on the squad. The Sophomores are: Darcie rado. She has been the president and treas- Chengue known for a small paramilitary Rickson, Beth Cochenour, Natalie Gebo, and urer of her state organization, a prolific author, camp that patrols nearby ranches. Villagers say that, though they didn’t see faces that Lauren Pereira. Freshmen members include an advocate for legislation, a grant writer and morning because of the darkness, these ‘‘old Jessica Luszcz, and Stefiny Knight. The Head a national presenter. names’’ are scapegoats and not the men who Coach is Jim Calheno. Assistant Coaches are The NASN newsletter reported that aside killed their families. Saul Chelo, James Annear, Nuno Pereira, and from the day to day challenges of being a A steady flow of traffic now moves toward Tony Vital. The team manager is Katie school nurse administrator, Ms. Fitzpatrick had Ovejas, jeeps stuffed with everything from Romansky. the great misfortune of dealing with an incom- refrigerators to pool cues to family pictures. Mr. Speaker, once again, allow me to send prehensible tragedy, which took place at one The marines have set up two base camps in my congratulations to the Ludlow High School of her high schools—Columbine. Within min- Chengue—one under a large shade tree be- utes, she was contacted, and her emergency hind the village, the other in the vacant girls soccer team on their outstanding season. school. The remaining residents do not mix I wish them the best of luck in the 2001 sea- plan was activated. She and her nurses didn’t with the soldiers. son. wait for instructions, they knew what needed ‘‘We have taken back this town,’’ said Maj. f to be done, and they got to work. As the Alvaro Jimenez, standing in the square two newsletter stated, the Columbine tragedy days after the massacre. ‘‘We are telling peo- H.R. 93, THE FIREFIGHTERS RE- wounded a nation, but Betty continues to meet ple we are here, that it is time to reclaim TIREMENT AGE CORRECTION the unique needs of this school community their village.’’ ACT and the others she serves. No one plans to. Marlena Lopez, 52, lost Again, I am delighted by this honor that Ms. three brothers, a nephew, a brother-in-law and her pink house. Her brother, Cesar HON. FORTNEY PETE STARK Fitzpatrick has brought to the State of Colo- Lopez, was the town telephone operator. He OF CALIFORNIA rado, and I offer my sincere congratulations. fled, she said, ‘‘with nothing but his pants.’’ IN THE HOUSE OF REPRESENTATIVES f In the ashes of her home, she weeps about the pain she can’t manage. ‘‘We are humble Wednesday, January 31, 2001 HONORING GAYE LEBARON people,’’ she said. ‘‘Why in the world are we Mr. STARK. Mr. Speaker, I was a cospon- paying for this?’’ sor of H.R. 460, the Federal Firefighters Re- HON. LYNN C. WOOLSEY f tirement Age Correction Act in the 106th Con- OF CALIFORNIA gress and would have voted to support H.R. IN THE HOUSE OF REPRESENTATIVES RECOGNIZING THE MASSACHU- 93 yesterday. Unfortunately, due to an unfore- Wednesday, January 31, 2001 SETTS DIVISION I STATE CHAM- seen family illness, I was absent and not able PIONS LUDLOW HIGH SCHOOL to vote in support of H.R. 93, the Federal Fire- Ms. WOOLSEY. Mr. Speaker, I rise today to GIRLS SOCCER TEAM fighters Retirement Age Correction Act. I honor Gaye LeBaron. For 43 years Gaye would like the RECORD to reflect my support LeBaron’s columns in the Santa Rosa Press HON. RICHARD E. NEAL for H.R. 93. Democrat have recorded and enlivened OF MASSACHUSETTS f Sonoma County and the Redwood Empire. By IN THE HOUSE OF REPRESENTATIVES personalizing the community’s history and RECOGNIZING BETTY FITZPATRICK sense of place with honesty and good humor, Wednesday, January 31, 2001 LeBaron captured the respect and the hearts Mr. NEAL of Massachusetts. Mr. Speaker, HON. THOMAS G. TANCREDO of her readers. today I recognize the achievements of the OF COLORADO In her 8,000 columns LeBaron dem- 2000 Ludlow High School girls soccer team. IN THE HOUSE OF REPRESENTATIVES onstrated that quality journalism can be witty, This past season the Ludlow girls team com- insightful, and compassionate. She worked as piled a record of 21–0–0 en route to earning Wednesday, January 31, 2001 an observer and story teller, yet did not hesi- the Coombs Division League Championship, Mr. TANCREDO. Mr. Speaker, today, I am tate to take a stand—on issues as great as ra- the Western Massachusetts Division I Cham- pleased to recognize Ms. Betty Fitzpatrick cial discrimination or as mundanely important pionship, and the Massachusetts Division I from Evergreen, Colorado, who was selected as street lights—when it was needed. Whether State Championship. Their efforts enabled by the National Association of School Nurses focusing on the quirkiness of every day hap- them to earn a ranking of 3rd in the country. (NASN) as the School Nurse Administrator of penings or wrapping the reader in the sweep Each year the Commonwealth of Massachu- the year for 2000. Recently, NASN hosted an of North Coast history, Gaye LeBaron’s color- setts fields many talented high school soccer event for Ms. Fitzpatrick on Capitol Hill to ful depictions made life what it is—interesting squads. Every season the Ludlow community honor her, and to applaud her for her excellent and personal. looks forward to cheering on their hometown work on behalf of the public school children in LeBaron has also devoted her time and ex- heroes. This year the Lions certainly did not my district. pertise to community causes through teaching,

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.058 pfrm04 PsN: E01PT1 E92 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2001 speaking, fundraising, and serving as a re- do not wish to second-guess the Israeli gov- then have to face his old nemesis, Ariel source where needed. Her work interviewing ernment and people. I have always taken the Sharon, who will make the Palestinian lead- local elders for a video history project with the view that it is for them, first and foremost, er’s life a lot more difficult. Maybe, but then to make the fateful decisions about war and again, maybe not. Sonoma County Museum will stand with her peace and the steps that can lead in either We in the West make a living out of failing columns as a testament to this special region direction. And the sheer survival of Israel to understand the Middle East. We’re so busy and the spirit of its people. over 52 years, not to mention its remarkable superimposing our own deeply ingrained I can say personally that being included in growth and development, adequately attests ways of thinking on the region—based in a Gaye LeBaron column is a coveted experi- to its uncanny ability to overcome the odds, large measure on our rationalism, prag- ence. We will miss Gaye on a daily basis but confound the skeptics, and disprove the matism, willingness to compromise, and will look forward to her continuing contribu- doomsayers. Even as I openly worry about tendency to mirror-image (‘‘surely they’re like us and want the very same things in life tions. the future, then, I am inspired and reassured by Israelis’ determination to go on, to fight as we do’’)—that we too often end up sur- f when necessary, to negotiate for peace when- prised and puzzled when things don’t go as ever possible. we might expect. DAVID A. HARRIS GIVES Today we are confronted with a situation We don’t speak Arabic; we have little con- THOUGHTFUL INSIGHT ON that few, especially in the West, might have tact with Arab culture; we have minimal un- ISRAEL’S DIFFICULT POLITICAL predicted. A dovish Israeli government—pre- derstanding of the nature of Islam and its AND SECURITY CHOICES pared to cross its own red lines, especially pervasive role in the life of the Arab world; regarding the future status of Jerusalem, in we spend too little time reading the writings the pursuit of an historic peace agreement of Judith Miller, Bernard Lewis, Fouad HON. TOM LANTOS with the Palestinians—is faced with violence Ajami, and other knowledgeable observers of OF CALIFORNIA in the streets, calls for jihad, and terrorist the region; and we embrace too quickly as representative those selected Arab voices IN THE HOUSE OF REPRESENTATIVES attacks in the heart of the country, while the Arab world lines up foursquare behind that sound reassuring to us. Wednesday, January 31, 2001 Yet none of this stops us from thinking we the Palestinians and seeks to isolate Israel know enough about the region to offer by depicting it as the trigger-happy-aggres- Mr. LANTOS. Mr. Speaker, finding a peace- grounded views on diplomacy and strategy. ful solution to the problems in the Middle East sor, the Nazi reincarnation. Indeed, the U.S. Government, with its far Thus, instead of grasping Israel’s out- has long been an important concern of the greater resources and expertise, has stum- stretched hand and seeking to resolve out- United States. Attempts to reach a resolution bled more than once, with fatal con- standing issues, however challenging, at the sequences, trying to make its way across the of these difficulties, unfortunately have thus far bargaining table, the Palestinians perceived failed. Middle East minefields. instead a weakened Israel. If proof was need- Isn’t it just possible that the prospect of a While workable solutions have been found ed, it came for them in the unilateral deci- Prime Minister Sharon not only doesn’t in short supply, a number of extremely helpful sion to withdraw from Southern Lebanon frighten Arafat but actually appeals to him? insights have been put forward. In this regard, after Israeli mothers led a campaign to bring Taking a page from Leon Trotsky—the worse I would like to call the attention of my col- their sons home before more were killed at it gets, the better it becomes—Arafat may, leagues to a particularly insightful article by the hands of Hizbullah; in Prime Minister in fact, perceive advantages in such an out- David A. Harris, Executive Director of the Barak’s determination to make peace before come: with Sharon demonized in the inter- the end of the Clinton presidency, which was, national news media and sharply criticized American Jewish Committee. Although it was in the final analysis, an artificial deadline; written before the inauguration of the new in world capitals, Israel could face new inter- and in Israel’s perceived vulnerability to the national pressures, including renewed calls American President and prior to the latest of sting of international censure, given Barak’s for UN intervention and increased sympathy peace negotiations ending in a stalemate, the efforts to undo the global public relations for a unilateral declaration of independence. impact of the Netanyahu years. insights that Mr. Harris provides are still timely TESTS FOR BARAK AND SHARON and important. In effect, Arafat, though the weaker party by far, has skillfully leveraged his position, And this brings us back to Israel’s domes- Mr. Speaker, I commend David Harris’ tic predicament. Barak, the pollsters say, thoughts to my colleagues and urge them to emerging stronger than might have been imagined. He has, for example, already man- needs a peace deal before February 6 if he is give his article careful attention. aged to prove once again that violence does to have a chance at winning the election. pay—the current deal being brokered by the Without it, he is saddled with negative im- ages—accusations of political ineptness, AS ISRAEL MAKES FATEFUL POLITICAL AND White House and given tentative approval by Barak appears to go beyond the package on willingness to yield to the demands of reli- SECURITY CHOICES, ITS FRIENDS ABROAD gious parties despite his calls to marginalize ALSO ARE CONFRONTING HARD TRUTHS the table at Camp David in July. If so, why should Arafat, from his point of view, stop them, and inexperience and imprudence in (By David A. Harris, Executive Director, The here? dealing with the Palestinians. Thus, no mat- American Jewish Committee, Jan. 4, 2001) ter what he says between now and February VIOLENCE AND NEGOTIATIONS In recent months, like many friends of 6, no matter how tough his language may be Eager to see his long-sought Palestinian Israel, I’ve had my share of sleepless nights. at times, the prevailing assumption is that state emerge from the ‘‘honor and blood’’ of With only a few brief moments of either hope he needs Arafat to bail him out and both the martyred, ever mindful of the most rad- or respite, the news has been unremittingly men know it. ical elements among the Palestinians, and disturbing and depressing. Israel is once On the other hand, Sharon is a known determined not to demand less than Anwar again under siege. Every corner of Israel, quantity who is a deeply polarizing figure in Sadat, King Hussein, or Hafaz el-Assad in in- every Israeli is a potential target. There is Israel. He is seen as representing a return to sisting on Israeli compliance with all his ter- no distinction between soldier and civilian, the Shamir years of a ‘‘fortress Israel’’ in ritorial demands. Arafat continues his com- between adult and youth, between dove and eternal conflict with the enemies of the Jew- plete juggling act of encouraging violence hawk, between believer and atheist, or be- ish people. That will not sit well, not for and talking peace at one and the same time. tween those living within and those living long, I suspect, with many Israelis living in At the very least, we can expect from beyond the Green Line. It may not be all-out a prospering first-world country that longs Arafat more of the same brinksmanship war as we saw in 1967 or 1973, but it is a cal- for regional stability and even a chilly peace through the last days of the Clinton Admin- culated Palestinian strategy to obtain with its neighbors, so that it can finally one istration, though we don’t know what, if through violence what they have heretofore day turn to the future and away from the anything, will come of it. Knowing how failed to achieve by negotiation. endless cycles of violence of the past. eager the American leader is to leave the po- Some Israelis and their friends abroad After all, if the Israeli left was revealed to litical scene with substantial progress to react to this volatile situation by beating be the victim of its own illusions about cre- show in the Middle East given his extraor- their breasts and asking yet again what ating a new Middle East, the Israeli right, il- dinary investment of time, energy, and the more Israel might do to meet demands of the lustrated by Sharon, has been the victim of prestige of the presidency, and aware of how Palestinians. Others, at the opposite end of its own illusions about the possibility of committed the Israeli leader has been to the political spectrum, conclude that not maintaining an indefinite status quo of occu- making this possible on Clinton’s watch, only is the pursuit of peace a dangerous pation. If Barak is found wanting by the Arafat will squeeze the moment for all it’s dream but, even more, a risk to the very ex- Israeli electorate in his ability to provide worth, and then some, in an effort to im- istence of the state. answers and solutions, then it’s equally like- prove still further his bargaining position. ly Sharon, if elected prime minister, will DECISIONS ON WAR AND PEACE Not quite, some observers will note. Arafat face the same prospect within short order, As I see it, Israel has no clear option, no doesn’t hold all the cards. After all, there’s unless he is able to turn in entirely new pol- obvious way to turn, and its predicament is an Israeli election around the corner and, icy directions. further exacerbated by its complex and po- without a peace deal, the conventional wis- Of course, whoever is elected, Barak or larized domestic situation. In saying this, I dom is that Barak will fall and Arafat will Sharon, will face the very same unruly and

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A31JA8.062 pfrm04 PsN: E01PT1 February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E93 fractionated Knesset, which further clouds world, of the glaring absence of democracy genuine, necessary and effective reform that the outlook for stable governance. This is and the rule of law, of governmental lack of will return power to the people and curb the precisely what Benjamin Netanyahu is accountability to its citizens, of endemic endless money chase in our political cam- counting on. Although polls showed him corruption and nepotism, of high birth rates leading both Barak and Sharon, he chose not and insufficient jobs, of economic stagnation paigns. to run this time around unless the Knesset and fear of opening to the world, of the This legislation ends the raising and spend- dissolved itself and also stood for new elec- Islamists influence on society, all continue ing of ‘‘soft’’ money. The parties have become tions. It was a statesmanlike position, to plague this vast and important region of addicted to huge checks from corporations, praised by many, including some who do not the world. unions, and wealthy individuals. This bill puts normally count themselves among A few pertinent statistics illustrate the di- both parties into immediate rehab. Netanyahu’s most fervent admirers; it was mensions of the problems faced by the Arab This legislation also ends the sham ‘‘issue’’ also a position calculated to elevate his world. Fouad Ajami of Johns Hopkins Uni- ads that savage candidates of both parties in standing in the expectation that whoever is versity has pointed out, for example, that every election. It forces into the sunlight big elected in February will not be able to lead Finland, with a population of 5 million, ex- for long before yet another round of voting, ports more manufactured goods than the en- money interests behind these ads. including parliamentary elections, is needed. tire Arab world combined, with its 22 coun- The House has made it clear. It wants this At that time, Netanyahu, seeking to cast tries and its population well over 200 million. reform to become law. This year, all of us himself as the true centrist, would almost Israel has a higher per capita GNP than its hope that the Senate and our new President surely step into the political fray. five contiguous neighbors—Lebanon, Syria, will look at this issue very carefully, offer con- OVERRIDING POLITICAL AND STRATEGIC Jordan, the Palestinian Authority, and structive suggestions, and then join us in FACTORS Egypt—combined, and more Internet users passing real campaign finance reform. In the meantime, as Israeli politics seeks by far than all five put together. And impov- f to sort itself against the backdrop of the erished Gaza has a higher birthrate by a deep and seemingly irreconcilable fissures in multiple of nine than prosperous Bologna, U.S. MIDDLE EAST POLICY Israeli society, certain things seem clear and Italy. best not be forgotten. Fifth, we should be under little illusion First, many of the claims of the Israeli about such notions as a ‘‘demilitarized Pal- HON. JANICE D. SCHAKOWSKY right, especially since the signing of the Oslo estinian state’’ or ‘‘an end to the conflict.’’ A OF ILLINOIS Accords in 1993, have proved accurate, Palestinian state is coming, one way or an- IN THE HOUSE OF REPRESENTATIVES though they were largely ignored by those other, and the debate about whether it is on the left who reflexively dismissed any- good or bad for Israel seems largely irrele- Wednesday, January 31, 2001 thing said by spokesmen on the right. For vant. It will happen, and Israel no doubt will Ms. SCHAKOWSKY. Mr. Speaker, I want to example, incitement to hatred among Pal- do its utmost to establish harmonious ties, share with my colleagues an article written by estinians has continued unabated and with but it must also recognize, as a recent CIA Douglas Bloomfield for the Chicago Jewish devastating consequences. Moreover, the ac- report looking ahead to the year 2015 pre- Star. The article provides an accurate sum- cumulation of weapons and the build-up of dicted, that ‘‘chilly’’ relations are likely to the Palestinian police and militia, in direct prevail and surveillance and monitoring will mary of President Clinton’s efforts to facilitate contravention of the Oslo Accords, have cre- be required. peace and dialogue in the Middle East during ated a deadly adversary for Israel. And the That Palestinian state will not be demili- his service to this country. I agree with Mr. wink and nod to Palestinian extremists— tarized, I believe, regardless of agreements Bloomfield that ‘‘No other (U.S.) President has many arrested with great fanfare only to be signed, which could pose a threat both to been so closely identified with Israel’s search released as soon as no one was paying atten- Israel and Jordan. And there will remain for peace.’’ tion—has undermined the chances for a those Palestinians who will seek to continue Mr. Bloomfield’s article discusses the popu- peaceful settlement with Israel. the struggle with Israel, either because they larity of President Clinton in Israel and among Second, many of the claims of the Israeli see Israel proper as their real home, or be- left have also proved strikingly accurate, de- cause they see the Zionists as ‘‘infidels’’ and the Jewish Community in the United States spite attempts by those on the right to dis- ‘‘modern-day Crusaders’’ who have no right due, in large part, to the commitment he made miss them. Palestinians who not docilely re- to be there, or both. to do everything within his means to bring main under Israeli occupation forever. Nei- Sixth, we need to take very seriously anti- peace to the Middle East. I share that appre- ther could Israel expect occupation to con- Semitism emanating from the Arab world. ciation for the priority President Clinton made tinue without some corrosive effects on its Not only is it pernicious and contrary to the democratic values, nor could it absorb the of these important issues. I have often looked promotion of peaceful relations in the re- to Mr. Bloomfield’s work for an accurate per- Palestinians in the territories without gion, but it also fuels anti-Semitic attacks undoing the Jewish character of the state. against Jews and Jewish targets throughout spective on events and trends in the Middle And sooner or later, Jewish settlers in re- the world, as we have tragically seen in re- East as well as a constructive evaluation of mote outposts in Gaza, for example, would cent months. U.S. Middle East policy. Clearly the Bush Ad- become flashpoints for violence between And finally, we need to remind ourselves of ministration has a tough act to follow in ensur- Israelis and Palestinians. the importance of our own role in making a ing that Americans and Israeli’s feel com- Third, as a consequence, no one school of difference on Israel’s behalf. Both in our pub- thought has a monopoly of wisdom on what fortable in America’s commitment to the secu- lic education and advocacy efforts in the rity of Israel and her prosperity in the future. is best for Israel. Ideologues, whether of the United States, in which we stress the mutual left or right, become prisoners of their own I urge all of my colleagues to take the time to benefits of close U.S.-Israel ties as well as preset views, and, as a result, tend to adjust America’s vital national interest in Israel’s read the following article. the facts to their doctrinal thinking rather security in a stable Middle East, and in our [From the Chicago Jewish Star] than the other way around. Fourth, regardless of what happens in the diplomatic, exchange and public affairs pro- WASHINGTON WATCH—SHALOM, BILL short run respecting Israeli-Palestinian grams around the world, the American Jew- (By Douglas M. Bloomfield) issues, the sad reality is that Israel will con- ish Committee is making a unique contribu- tion to Israel’s well-being and its quest for ‘‘If Bill Clinton is looking for a job, he can tinue to face severe challenges in the region, come over there and run for prime minister. requiring a powerful military, eternal vigi- peace and security. The political and secu- rity challenges that lie ahead for Israel will He’d win easily,’’ said a caller from Israel lance, and close coordination with the the other morning. ‘‘He’s still the most pop- United States. doubtless only heighten the importance of that work. ular politician in the country.’’ Iran and Iraq pose dangerous, and growing, And he remains popular at home as well, threats, particularly in the nonconventional f particularly in the Jewish community, de- field. Islamic extremist groups operating in spite the controversies that plagued his ad- the region will not soon go away. Syria pos- NOW IS THE TIME FOR CAMPAIGN ministration. The peace proposal he revealed sesses missiles and chemical warheads. Dis- FINANCE REFORM recently in a farewell speech to peace activ- turbingly, Egypt has embarked on a broad ists included proposes that made even left modernization program of its conventional HON. STEPHEN HORN even some dovish followers uncomfortable, forces and is known to be engaged in re- but no reasonable person could challenge the OF CALIFORNIA search on some nonconventional weapons sincerity of his desire to help Israel find systems as well. An emerging Palestinian IN THE HOUSE OF REPRESENTATIVES peace. state will alter the political and security Wednesday, January 31, 2001 Nor can anything overcome the hysterical landscape for Jordan, with unknown con- frenzy of the Clinton haters and those ex- sequences. Mr. HORN. Mr. Speaker, they say the third tremists who see any concessions to the Pal- PRESSURES ON THE ARAB WORLD time is the charm. This year the House will estinians as selling out Israel. And, of course, the larger problems of the pass—for the third time—the Shays-Meehan No other president has been so closely need for a true reformation in the Arab or McCain-Feingold bill. By either name, this is identified with Israel’s search for peace. He

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A31JA8.064 pfrm04 PsN: E01PT1 E94 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2001 may have been motivated in part by a desire the Jewish community at home. It is un- premiums and unreimbursed prescription drug to leave a historic legacy, but as one of the matched by any president, as is the affection expenses? The current tax code sets the savviest politicians ever to occupy the Oval and support he got in return. threshold at 7.5 percent of adjusted gross in- Office he long ago figured out there were far That backing was bolstered by domestic come before an individual can write off their better ways to do that than by plunging into policies that were in synch with most Jewish the Middle East morass. voters, particularly on issues such as church- medical expenses. That doesn’t seem right to Look instead to his relationship with the state separation, civil liberties, reproductive me. late Prime Minister Yitzhak Rabin, who rights, the environment, education and so- Currently, in order to claim health care ex- brought the completed Oslo agreement to cial welfare. penses an individual must file an itemized tax Clinton with an appeal for help in imple- Jewish voters rewarded him and his vice return. I believe that all taxpayers should be menting it. Clinton promised to minimize president with nearly 80% of their votes in allowed to deduct these out-of-pocket costs the risks for Israel and help smooth out the three national elections. and that we need to include a place where rough decisions. After Rabin’s assassination, There were more Jewish officials at all lev- this deduction could be taken on the short Clinton’s commitment became a mission. els of the Clinton administration than in any He can be faulted for pushing too long and prior government; at one time there were six form such as the 1040 EZ and 1040A. too hard, especially after it should have been in Cabinet level posts, compared to none so My bill also applies to the self-employed be- clear that he wanted peace more than the far in the incoming Bush administration. cause individuals who are self-employed will parties themselves, particularly Yasser American Jews never felt on the outside not be eligible for a 100 percent write off until Arafat. during the Clinton years’ that was particu- 2003. He wrongly relied on Ehud Barak’s faulty larly important since he followed a president This type of relief is long overdue. Allowing political instincts and novice politician’s en- who publicly questioned their patriotism. individuals to write off certain costly health thusiasm. The President ignored the advice He deserves enormous credit for his his- care expenses they may incur would be a tre- of his own advisors, the Palestinians and toric contribution to the struggle to bring a mendous benefit that may not be available some Israelis when he bowed to Barak’s de- measure of justice to the survivors of the sire to convene last summer’s abortive Camp Holocaust after decades of frustration and under the current system. David summit. inaction. His personal commitment and the The National Taxpayers Union (NTU) en- More recently, he has been trying to sal- intense involvement of his administration, dorsed my bill in the last congress. vage a last minute agreement before leaving particularly through the outstanding work f office—failing or refusing to hear the window of Deputy Treasury Secretary Stuart of opportunity slam shut. Eizenstat, helped end half a century of Swiss LET’S NOT FORGET OUR FRIENDS Clinton consistently overestimated his denial and stone-walling. ON TAIWAN ability to affect Arafat’s behavior, and he That personal involvement produced may have badly miscalculated the level of progress in such areas as the restitution of HON. EVA M. CLAYTON the Palestinian leader’s commitment to a stolen property in other nations, compensa- OF NORTH CAROLINA genuine peace. tion for slave and forced laborers, the settle- IN THE HOUSE OF REPRESENTATIVES Clinton has succeeded on so many fronts ment of insurance claims, the return of cul- by dint of charm and personality, and he tural artifacts and aid for the neediest of Wednesday, January 31, 2001 thought he could do it with Arafat as well. Hitler’s remaining victims. Mrs. CLAYTON. Mr. Speaker, as a new ad- No other foreign leader has been to the Credit is shared with an unlikely partner, White House as often, and Clinton’s mis- ministration takes office, we wish to remind former Sen. Alfonse D’Amato (R–NY). Al- them and our colleagues in Congress that we taken failure to demand Arafat pay more for though as chairman of the Senate Banking that access only encouraged the Palestinian Committee, D’Amato was leading an inves- must not forget our friends in the Republic of leader’s obstinacy. tigation of the Clintons’ Whitewater invest- China on Taiwan. Let’s not forget Taiwan has ‘‘He played Clinton Masterfully,’’ said a ments, both men rose above their political a democratically-elected president and a par- former White House official. ‘‘Clinton felt he differences to cooperate fully in the Swiss liament that is fully committed to the free en- was giving peace every chance, but, like investigations, realizing success beyond any- terprise system, democracy, and human Rabin, Peres and Barak, he failed to hold one’s expectations. rights. Let us not forget that we need to give Arafat’s feet to the fire.’’ Both the Administration and the Congress the Republic of China on Taiwan all the sup- Clinton admonished Arafat in his speech worked closely with the World Jewish Res- earlier this month to Jewish leaders for fos- titution Organization, representing both port she richly deserves. tering ‘‘the culture of violence and the cul- Israel and the diaspora, to bring about his- As many of us know, Mr. Chen Shi-gian ture of incitement.’’ But his persistent reluc- toric results. was elected president of the Republic of China tance to deal with Palestinian incitement I will leave it to others to chronicle Clin- last March and was inaugurated as President was interpreted as a sign of weakness and ton’s many shortcomings. I expect history on May 20. He chose Dr. Hung-mao Tien as may have fueled the current crisis. will judge this flawed president more kindly his Foreign Minister. Since assuming office in Echoing a hopeful Israeli leaderships, he than his contemporaries. He alone robbed his May, under the direction of President Chen wrongly expected Israel’s surprisingly forth- presidency of greatness as he demonstrated coming offers would elicit positive responses. Shui-bian, Foreign Minister Tien has clearly that in Washington most of the slings and articulated Republic of China’s foreign policy But his blindness to Arafat’s faults and de- arrows politicians suffer are self-inflicted. ceptions may have encouraged the semi-re- But the Jewish community should be very thrusts. Regarding the People’s Republic of tired terrorist to cling more tightly to his grateful for his stewardship, for his dedica- China, Minister Tien has made clear that maximalist demands and let the Israelis ne- tion to assisting Israel in its search for peace and non-aggression are essential to en- gotiate with each other and with the Ameri- peace, for his contribution to the survivors sure that the two entities engage in reason- cans. of the Holocaust and for his undeniable able and responsible discussions. At the same American and Israeli insiders say Clinton friendship. never pushed Israel without being encour- time, President Chen has made a number of aged by leaders there to give them a nudge f conciliatory gestures towards the mainland. and some political cover for tough decisions. Taiwan does not seek confrontation, but a But at the same time, Clinton mistakenly HEALTH PREMIUMS AND PRE- friendly dialogue with mainland China leading listened too much to some of his left-leaning SCRIPTION DRUGS SHOULD BE to future talks on all issues, including eventual Jewish friends who gave him bad advice on TAX DEDUCTIBLE ITEMS reunification. such things as his wife’s meeting with Mrs. In terms of solidifying friendship and ties Arafat and his counter-productive confronta- HON. CLIFF STEARNS with ROC’s allies, President Chen and Min- tions with Prime Minister Benjamin ister Tien have traveled far and wide. Last Netanyahu. OF FLORIDA If Clinton was too intensely involved in the IN THE HOUSE OF REPRESENTATIVES year they completed a grueling 2-week jour- ney of friendship to ROC’s allies in Central nitty gritty of the peaces process, there is a Wednesday, January 31, 2001 greater risk that his successor will be too America and Africa. Minister Tien also traveled disengaged. Mr. STEARNS. Mr. Speaker, today, I will re- to Europe to strengthen Taiwan’s ties with Whatever his shortcomings, there can be introduce legislation to allow health insurance friendly nations. no questioning Clinton’s commitment to premiums and unreimbursed prescription drug It is our understanding that to seek greater Israel and its search for peace. He brought an expenses to be tax deductible. Last year’s bill international recognition, Taiwan will continue unprecedented warmth and understanding, number was H.R. 4472. to seek a return to the United Nations and even as he demonstrated a genuine empathy for the Palestinians that won their trust. Under current law, employers can write off other international organizations. It is our view A key to Clinton’s winning the confidence the cost of health care coverage purchased for that a worthy nation like Taiwan must be given of the Israelis and the vast majority of Jew- their employees. Why can’t individuals also be its proper recognition in the community of na- ish voters was his high comfort level with afforded the same opportunity to write off their tions.

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.067 pfrm04 PsN: E01PT1 February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E95 Taiwan considers its relations with the Experts believe that bovine spongiform ous veterans in the El Paso and Southern United States a matter of utmost importance. encephalopathy is caused by a twisted pro- New Mexico area. We are delighted that Taiwan is ably rep- tein. The disease destroys brain cells, even- Mr. Speaker, Paul Farmer has dedicated his resented by Ambassador C.J. Chen in Wash- tually leaving the brain riddled with spongy career to the safety and security of his country holes. ington. Ambassador Chen was Republic of The disease is spread when cattle consume and has further dedicated his professional life China’s former Foreign Minister and served in feed that includes protein rendered from to ensure that United States Armed Service Taiwan’s Washington office as Deputy Rep- slaughtered cattle. Since 1997 it has been il- veterans are given the utmost respect and resentative in the 80’s. He knows Washington legal under Food and Drug Administration service a grateful nation should, by honor, be- well and we are very pleased that he has regulations to feed mammal proteins to cat- stow upon them. I ask that we recognize this briefed us from time to time and we are im- tle. individual, thank him for his years of dedicated pressed with his energy and enthusiasm as he It is still legal, however, to feed mammal service, and wish him Godspeed in his retire- proteins to pigs and poultry. The FDA an- ment. strengthens the ever growing bonds between nounced earlier this month that some feed Taiwan and the United States. producers frequently fail to use proper warn- f Even though Taiwan is isolated diplomati- ing labels and that some producers have no IN TRIBUTE TO UNDERSECRETARY cally, Taiwan has a strong foreign policy team, system to avoid commingling protein from headed by President Chen Shui-bian whose rendered cattle with other products. In other OF THE AIR FORCE, CAROL policies are ably executed by his foreign min- words, the system is flawed. DIBATTISTE ister, Dr. Hung-mao Tien, and his Washington A total ban against using rendered cattle representative, Cambridge-educated C.J. for animal feed admittedly would hurt the HON. LINDSEY O. GRAHAM rendering industry and perhaps contribute to Chen. OF SOUTH CAROLINA It is our hope that the new administration a rise in the price of feed. But those negative effects should be meas- IN THE HOUSE OF REPRESENTATIVES and Congress will always remember our tradi- ured against the need to protect consumers Wednesday, January 31, 2001 tional friendship with Taiwan and its people. from the human variant to mad cow disease Let’s not sacrifice Taiwan’s interests as we and the economic devastation that would Mr. GRAHAM. Mr. Speaker, I rise today to seek better relations with the People’s Repub- quickly follow discovery of the disease in the bring to the attention of this body the fact, in lic of China in the months ahead. Taiwan and United States. January, a distinguished leader of the Air the United States have always stood together In Nebraska, the cattle industry contrib- Force left office to begin a new chapter in her shoulder to shoulder and will always remain utes more than $4 billion a year to the life. Carol DiBattiste, Under Secretary of the strong partners in maintaining peace and sta- state’s economy. Air Force, has recently resigned from her posi- With mad cow disease continuing to spread tion, and I want to join her many friends and bility. in Europe, aggressive measures should be f used to keep the disease outside U.S. bor- colleagues in commending her for a job well ders. Legislative has been introduced in done. VIGILANCE IS NEEDED TO PRO- North Dakota to prohibit production and use During her tenure, Under Secretary TECT AGAINST MAD COW DIS- of feed containing animal parts. Nebraska DiBattiste served with honor and distinction, EASE should consider the same approach. Even providing exceptional leadership to reinforce a better would be a ban that is nationwide. promising future for the Department of De- HON. DOUG BEREUTER f fense, the Air Force, and for American aero- OF NEBRASKA space power. Coupled with her unprecedented IN THE HOUSE OF REPRESENTATIVES HONORING THE RETIREMENT OF energy, commitment, and enthusiasm, Under Wednesday, January 31, 2001 MR. PAUL FARMER FROM THE Secretary DiBattiste’s initiatives became cata- UNITED STATES DEPARTMENT lysts for success, and helped lead the Air Mr. BEREUTER. Mr. Speaker, this Member OF VETERANS AFFAIRS commends to his colleagues the following edi- Force through a critical period of moderniza- torial from the January 23, 2001, Lincoln Jour- tion and consolidation. She was the Air nal Star. The editorial emphasizes the need to HON. SILVESTRE REYES Force’s key leader in the fight to solve and re- maintain strict standards and take aggressive OF TEXAS verse Air Force retention shortages and re- actions in the United States so that our coun- IN THE HOUSE OF REPRESENTATIVES cruiting shortfalls. Her successes in these en- try does not have to confront the serious ef- deavors are both impressive and lasting. Wednesday, January 31, 2001 Most notably, Under Secretary DiBattiste did fects associated with mad cow disease. Mr. REYES. Mr. Speaker, I rise today to a remarkable job on behalf of Air Force mem- [From the Lincoln Journal Star, Jan. 23, honor an individual who has served his coun- bers and their families. Her leadership of a 2001] try during a time of war and within the Depart- special Department of Defense task force to GET TOUGHER ON MAD COW DISEASE RULES ment of Veterans Affairs during a time of formulate anti-harassment policy resulted in Much has been done in the United States peace. After entering the military at the age of outstanding guidance on this emotionally to protect against bovine spongiform encephalopathy, or mad cow disease. 17, Mr. Paul G. Farmer of Spray, North Caro- charged subject. This emphasis on equal op- But not enough. lina served the majority of his military career portunity and her tireless pursuit of higher More needs to be done. One major need is in Europe before serving in Viet Nam in 1967 standards for Air Force quality of life are ex- for a strict prohibition against production of and 1968. He retired after 21 years of service amples of the many ways she found to invig- animal feed made from the parts of dead ani- to be with his wife shortly after she was diag- orate morale and retention during a period of mals. nosed with a terminal illness. Yet, Mr. Farmer critical shortfalls, personnel reductions, and in- More than 80 people in Britain have al- ready died from mad cow disease. The degen- did not let his retirement from the military end creased operations tempo. Her visionary and erative brain disease has been detected in his service to his country. aggressive campaign against recruiting short- one European country after another. France, Paul Farmer began a long and successful falls, including creation of the Air Force Re- Germany and Spain have all reported mad career with the Department of Veterans’ Af- cruiting and Retention Task Force, the Air cow disease. Earlier this month Italy was fairs on December 5, 1989, but it was not until Force Marketing and Advertising Office, and added to the list. 1995 that Paul arrived in my district of El the Strategic Communications Outreach Pro- Needless to say, the effects have been dras- Paso, Texas with a new and inventive assign- gram, made all the difference for the Air Force tic. More than 2 million British cattle were killed in order to stop the spread of the dis- ment. Paul was to implement a joint initiative in their ability to make recruiting goals and ease. In Germany beef sales have dropped by between the Department of Defense and the erase shortfalls. Under Secretary DiBattiste more than 40 percent. The European Com- Department of Veterans’ Affairs that was de- led by example, delivering almost 100 speech- mission estimates that beef consumption signed to evaluate medical disabilities for ac- es in a 12 month period, and traveling to over among its members dropped by 27 percent be- tive duty personnel prior to their discharge or 85 bases and locations throughout the world tween October and December, before the rev- retirement from service, a program that be- during her tenure. elation the disease had been detected in came very successful. Anyone who had the I join my colleagues on behalf of a grateful Italy. The costs of coping with the new disease pleasure to work with Paul knew that he main- nation in thanking Carol DiBattiste. The in- are immense. The European Union has set tained an open door policy in his office to all creased opportunities and improvements she aside almost $1 billion to help its member area veterans. Paul initiated several commu- affected across the Department of Defense nations establish new measures to prevent nity outreach programs and worked to achieve and the Air Force have poised both for a bril- the disease from spreading. compensation and medical benefits for numer- liant future.

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A31JA8.070 pfrm04 PsN: E01PT1 E96 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2001 HONORING WAYNE GYENIZS ON IN HONOR OF THE LATE RICK Our schools are in a crisis. The school sys- THE OCCASION OF HIS RETIRE- PACURAR tem, in too many instances, is failing to prop- MENT erly educate all of our kids. Frankly, it is noth- HON. NANCY PELOSI ing short of a crime that we have tolerated fail- OF CALIFORNIA ing schools for so many years. But I believe strongly that this year is going HON. ROSA L. DeLAURO IN THE HOUSE OF REPRESENTATIVES to be different., OF CONNECTICUT Wednesday, January 31, 2001 For many years, we have debated whether IN THE HOUSE OF REPRESENTATIVES Ms. PELOSI. Mr. Speaker, I rise with pride we have the will or the wallet to really fix our and deep sadness to pay my respects to a schools. I believe we are now at a time in his- Wednesday, January 31, 2001 San Francisco leader, Michael ‘‘Rick’’ Pacurar, tory when we have both the will and the wallet to improve public school education. We have Ms. DELAURO. Mr. Speaker, it is with great who tragically passed away last month from a President who has clearly indicated he has pleasure that I pay tribute today to a man AIDS-related complications. Rick was a tire- the will to impose real accountability and fix whose tireless efforts have left an indelible less advocate for the causes he believed in, and his work touched the lives of many peo- failing schools. But we must also provide real mark on the State of Connecticut. Today, after ple. He will be long remembered with great af- resources to get the job done. nearly 40 years of dedicated service to the fection and respect. There is no point in misleading parents and International Union of Operating Engineers Rick Pacurar graduated Phi Beta Kappa schools by telling them we will help but with- Local 478, Wayne Gyenizs will celebrate his from Stanford University with a degree in psy- out providing the investments that are nec- retirement. chology. He began attending Harvard Busi- essary. This must be an honest process with Over the course of his career with IUOE ness School but soon moved to San Francisco respect to the policies and the resources that Local 478, Wayne’s innumerable contributions after deciding his studies there were not taking must go with them. In exchange for the re- have strengthened the voice of tradesmen him in the direction he wished to go. courses we are going to demand account- ability. That will be a winning formula if we across the State of Connecticut. One of his He found the satisfaction from his work give it a chance. That is what we do in this bill most impressive achievements has been the which had been missing in business school as an activist in San Francisco. Early on in the today. establishment and continued expansion of In the last Congress, Mr. KILDEE and I, and Local 478’s Joint Apprentice Training and Skill AIDS crisis, Rick helped to publish a pam- phlet, ‘‘Can We Talk,’’ and founded the Harvey other Members of Congress, worked to enact Improvement School. Each year, the Joint Ap- Milk AIDS Education Fund to raise awareness many of other policies included in our bill. I am prentice Program provides training, skill en- about the disease. For these and other efforts, energized and encouraged that there now ap- hancement, and refresher courses to over 600 he was asked to serve on the San Francisco pears to be a great deal of agreement across apprentices and journeymen. This program Joint Task Force on HIV. Rick was also an ad- party lines and political sectors on what is give individuals the ability to acquire a skilled vocate for San Francisco artists and served as needed to improve public school education for trade and lifetime opportunity—giving working the director of a live-work complex for artists all children. families the sense of contentment that comes named Project Artaud. There is widespread agreement that if we with economic independence. As the present Rick’s activism extended into his work for provide adequate resources to schools and in of the Local 478 for the past decade. Wayne candidates and elected officials. He worked on return hold them accountable for meeting high standards, that all children, no matter their has provided a unique combination of leader- campaigns for Senator BARBARA BOXER, background, can have the opportunity to suc- ship and commitment that has promoted sta- former San Francisco Mayor Art Agnos, and ceed in school. Such widespread agreement bility among his membership and in the San Francisco Supervisor Tom Ammiano. He also served as an aide to former Supervisor did not exist even one year ago. union’s relations with its local employers. Here is what our bill would do. Harry Britt and to then-Assemblyman John In addition to his work with the Local 478, Our bill would hold schools accountable to Burton. high standards. It places particular emphasis Wayne has been an active voice in local and Rick’s passing is a great loss for San Fran- on closing the ‘‘achievement gap’’ between dif- national labor activities. As a member of the cisco. Despite his illness, he was always ferent groups of kids—rich and poor, minority AFL–CIO Executive Board and the State ready and willing to fight for what he believed and non-minority. this is something President Building and Construction Trades Council in. His activity and commitment were inspira- Wayne has fought for better wages, more Bush and I both believe in strongly. tional, and he put his heart into everything that Our bill would provide the greatest amount comprehensive health benefits for workers and he did. Rick was a true friend to the commu- of resources of any proposal yet to help their families, steady and substantive employ- nity, and he was loved for it. We will miss him schools meet their standards. ment, and safer work environments. He has greatly. And our bill will continue to target resources been a true leader for our working families, My thoughts and prayers are with his part- on the most vulnerable children in the most giving them a voice during the hardest of eco- ner, Mike Housh; his parents, Victor and difficult schools. nomic times. Doris; his sister, Vicki Lekas; and all of his Our bill provides real money in return for family and friends. Wayne’s generosity and commitment ex- real reform. tends beyond his professional contributions. f For example, we would double funding for the Title I program, boost funds to the lowest Serving in the U.S. Air Force for 12 years, THE EXCELLENCE AND ACCOUNT- performing schools, and provide funds to im- Wayne dedicated over a decade of his life to ABILITY IN EDUCATION ACT prove assessment and accountability systems protecting the fundamental freedoms we so to make them fairer and more accurate. often take for granted. As a member of the HON. GEORGE MILLER Let me clear about the differences between Easter Seals Board of Directors, Wayne has OF CALIFORNIA our bill and the approach taken by President given his time and energy to improving the IN THE HOUSE OF REPRESENTATIVES Bush. lives of some of our most vulnerable citizens. Wednesday, January 31, 2001 Our bill would not divert public funds from Throughout his life, Wayne has demonstrated public schools to private and religious schools, a unique commitment to public service and to Mr. GEORGE MILLER of California. Mr. through vouchers or through any other means. improving our community. Speaker, I am pleased to join my colleague Neither would the Lieberman/Roemer/Dooley Mr. KILDEE and other Democratic members of I would like to extend my deepest thanks bill. the House in introducing the Excellence and The issue vouchers, in my opinion, is a non- and sincere appreciation to Wayne for his Accountability in Education Act, a comprehen- starter. many years of service of working families sive K–12 education reform bill. Nor would our bill dilute or eviscerate key throughout Connecticut. I am proud to stand Along with proposals last week from Presi- local education programs, such as the After- today and join his wife, Judy; Sons, Glenn, dent Bush and from Senator JOE LIEBERMAN School and Safe-And Drug-Free Schools pro- Garry, and Gregg; family friends; and col- and Representatives TIM ROEMER and CAL grams, school renovation, and the e-rate pro- leagues in saluting my dear friend, Wayne DOOLEY, this is the third education proposal gram that funds school and library Internet Gyenizs as he celebrates his retirement. My unveiled so far this year to improve America’s connections. best wishes for many more years of health public schools. All three proposals share a I am open to discussing with my Republican and happiness. great deal in common. and Democratic colleagues what we can do to

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.073 pfrm04 PsN: E01PT1 February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E97 streamline federal education programs at the INTRODUCTION OF THE SELF-EM- since 1995. He leaves behind his young wife, state and local level. But he history of reduced PLOYED HEALTH INSURANCE Tamara, daughter Rachel, and stepson Nich- funding and weakened accountability that FAIRNESS ACT OF 2001 olas Sohn. He also leaves behind neighbors comes with block grants suggests that we and a community that will miss his constant should approach this issue very cautiously. HON. DONALD A. MANZULLO self-sacrifice, generosity, and deep faith in I want to add that our bill places greater em- OF ILLINOIS God. And, now those left behind must pull to- phasis in certain areas where the President IN THE HOUSE OF REPRESENTATIVES gether to support and strengthen each other places less and where we hope to work to- Wednesday, January 31, 2001 during the coming months and years. Being a police officer was all that Doug ever gether to find agreement, specifically, in the Mr. MANZULLO. Mr. Speaker, today I will areas of: raising teacher standards; creating fi- dreamed about when growing up—his family introduce my bill, the Self-employed Health In- remembers him as a child riding in the car and nancial incentives such as loan forgiveness surance Fairness Act of 2001, to accelerate and pay bonuses to attract teachers to high- pretending to talk to officers in passing police the health insurance deduction for the self-em- cars through the spare seat belt buckle. His need schools; improving state and local as- ployed to 100 percent immediately. sessment and accountability; and investing career ambition only grew stronger as he grew Remarkably, more than 44 million Ameri- older, joining the Riverside Sheriff’s Depart- more resources. cans are uninsured. Over 60 percent of the 44 I think the Miller/Kildee bill is the best ap- ment as an Explorer at 14. And recruiters saw million uninsured Americans have one thing in in Doug an applicant who not only talked the proach in terms of committing new resources common: they are either self-employed or to schools, targeting effective programs, and talk of being an officer, but walked the walk. have a family member who is employed by a His love for police work led him to service in holding schools accountable to high standards small business that cannot afford to provide without abandoning them. the police and sheriff’s departments of Los An- health benefits to its employees. Among self- geles, before returning home to work for Riv- I am encouraged by the beginning of this employed families, approximately 5 million erside in 1995. Congress and this new Administration. I take Americans and their children or other depend- The National Law Enforcement Officer Me- the President’s commitment to education and ents are uninsured. These families represent morial, says it the best, that it is not how these to working with Congress very seriously and I small businesses operating as sole propri- officers died that made them heroes, it is how look forward to making a difference this year etors, S corporations, limited liability compa- they lived.’’ And as Riverside Police Chief for all children. nies, and partnerships—including the majority Russ Leach noted at the funeral, Detective Ja- of farmers and ranchers. Congress should cobs ‘‘Lived His Dreams.’’ Many of us cannot f make health insurance more accessible and truly understand the latent danger associated affordable to these working families by accel- with the day to day routine of our law enforce- PUBLIC EDUCATION REINVEST- erating their health insurance deduction to 100 MENT REINVENTION AND RE- ment officers. They put themselves in danger percent immediately. everyday when they stop a vehicle, respond to SPONSIBILITY ACT We have the opportunity this year to provide an incident or a noise complaint—like Detec- tax fairness and parity on the deductibility of tive Jacobs. The danger and violence they health insurance for all employers. Larger face day in and day out is very real and it is HON. ELLEN O. TAUSCHER businesses can deduct 100 percent of their times like these, sadly, that make us stop and OF CALIFORNIA health insurance costs. Under current law, the honor our law enforcement officers. We hope long-standing disparity between the self-em- IN THE HOUSE OF REPRESENTATIVES that they be given such honor, respect and ployed and large employers does not end until thanks always—not only when life’s fragile na- Wednesday, January 31, 2001 the year 2003. Three more years is a long ture is revealed. Detective Doug Jacobs lived time to ask small÷ business families with no Mrs. TAUSCHER. Mr. Speaker, I would like his life protecting others and we can best health insurance to wait for simple tax fair- to take this opportunity to join my colleagues serve his memory by honoring, respecting, ness. For most of us, the prospect of having in highlighting some important aspects of the and thanking our law enforcement officers. Public Education Reinvestment Reinvention no health insurance coverage for ourselves Mr. Speaker, I ask that you and our col- and Responsibility Act. and our children for even a few months is leagues join us today to remember this fine This legislation, often referred to as the daunting—imagine three years. detective. On behalf of the residents of the city As critical as this bill is to eliminating the tax Three R’s, would refocus our national edu- of Riverside, we extend our prayers and most disparity between small and large businesses, cation policy by giving school districts the heartfelt sympathy to his family and loved the bill would also provide small businesses money and local control they need to improve. ones. And, it demands that they get results. greater access to affordable health care; ex- pand the ability of small employers to provide f This bill is the way to help American public health insurance to their employees, and sim- IN HONOR OF THE SOCIETY OF schools be a true path to equal opportunity for ply taxes for small businesses. AMERICAN FLORISTS all students by closing the achievement gap; Mr. Speaker, as Chairman of the Committee improving teacher quality; helping immigrant on Small Business, I am proud to offer this bi- students master English; promoting public partisan bill together with our ranking Demo- HON. ANNA G. ESHOO OF CALIFORNIA school choice; and stimulating local initiatives. crat NYDIA M. VELA´ZQUEZ of New York, and IN THE HOUSE OF REPRESENTATIVES It will increase public education funding by Representatives PHIL ENGLISH of Pennsylvania $35 billion in the next five years and let local and KAREN L. THURMAN of Florida of the Com- Wednesday, January 31, 2001 schools spend more time with our children, mittee on Ways and Means. We urge its Ms. ESHOO. Mr. Speaker, it’s with great rather than wasting time applying for the same prompt passage in this Congress. pride that I rise today to honor the work of the grants year after year by consolidating about f Society of American Florists and specifically, 50 federal programs into 5 performance-based TRIBUTE TO DOUG JACOBS my constituents John and Eda Muller of Half grants. This new process would ensure a Moon Bay, California, for their breathtaking strong stream of funding with fewer strings at- work which displayed during the Inauguration. tached. In exchange for this increased invest- HON. KEN CALVERT The Society of American Florists has pro- ment and fewer strings, states and schools OF CALIFORNIA vided the floral needs for inaugural events would be held accountable for results. IN THE HOUSE OF REPRESENTATIVES since John F. Kennedy’s administration. This Although increased funding is a critical com- Wednesday, January 31, 2001 year, more than 150 floral industry volunteers ponent to reform, it is not the only one. If we Mr. CALVERT. Mr. Speaker, I rise today from 32 states and the District of Columbia ar- expect states to meet high standards for stu- with a heavy heart to pay tribute to a fallen rived in Washington, D.C. a week before the dents, we must give them broad flexibility and detective from Riverside, CA. Detective Doug inaugural festivities to create the floral themes strong incentives to try bold new ideas—re- Jacobs died Saturday, January 13, in the line for inaugural festivities. Together, the volun- turning the power to decide how to best edu- of duty for his Riverside community. We send teers donated over 5,000 hours during pre-in- cate our children to the teachers who spend our condolences and prayers to his family, auguration week, creating elegant and exquis- the most time with them. neighbors, and the community. ite works of floral art for nine balls, three din- Because education should be a national ob- Doug Jacobs was 30 years of age and em- ners and other events. Designers used their session, as well as a local possession. ployed with the Riverside Police Department skills to arrange 150,000 roses, tulips, lilies

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.076 pfrm04 PsN: E01PT1 E98 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2001 and other flowers from around the world, and nate make her an outstanding candidate for scription drugs. The threat is greatest to our delivered more than 1,500 centerpieces, po- Citizen of the Year.’’ elderly who rely most heavily on prescription dium pieces and stage arrangements. I could not agree more. Dee is the kind of medications to maintain their health. Mr. Speaker, I’d specifically like to com- person who keeps our communities vibrant The scientific wonders of newly-developed mend the efforts of my constituents John and and alive. Congratulations to Dee Leverson, life-saving drugs mean nothing if the people Ida Muller. For the last thirty years, John and Darien’s 2000 Citizen of the Year. She has who need these medications cannot afford Ida have owned and operated Daylight Nurs- made Darien much more than a ‘‘nice place to them. ery in Half Moon Bay, California. Their efforts live.’’ Within our country, citizens pay widely vary- during the Inauguration are consistent with f ing prices for the same drugs. We know, for their spirit of giving, which is unlimited. They example, that seniors who rely on Medicare are constantly giving to their community, often THE OVARIAN CANCER RESEARCH actually pay the highest prices for prescription hosting disabled children at their nursery. John AND INFORMATION AMEND- drugs. We can and should work to provide a Muller serves on the San Francisco Bay Re- MENTS OF 2001 voluntary, universally-available prescription gional Water Control Board and was recently drug benefit under Medicare. named Chairman. HON. PATSY T. MINK However, what I find most unconscionable Mr. Speaker, John and Eda Muller are two OF HAWAII is the difference in price between identical of the finest human beings that I’ve ever had IN THE HOUSE OF REPRESENTATIVES drugs sold in the United States and in our the privilege of knowing and it is a great privi- Wednesday, January 31, 2001 neighboring countries. Studies show that U.S. lege to represent them. We owe all the volun- drug manufacturers often charge Americans Mrs. MINK of Hawaii. Mr. Speaker, I rise teers from the Society of American Florists our more for their products than they do citizens of today to announce that I am today introducing deepest gratitude for their selfless efforts dur- other countries. The average price differential the Ovarian Cancer and Research Amend- ing the Inauguration. Because of them, the is about 33 percent, though for certain drugs ments of 2001. I am proud to be joined by 56 words ‘America the Beautiful’ have ever more it can be much greater. Apparently, American original co-sponsors and would like to invite meaning for us all! pharmaceutical companies are happy to utilize the rest of my colleagues to join me in support taxpayer funded research to develop new f of the bill. Ovarian cancer is the most lethal cancer of drugs and then turn around and sell the result- IN HONOR OF DARIEN’S 2000 ing medicines to Americans at premium CITIZEN OF THE YEAR the female reproductive system, primarily be- cause it is so difficult to detect in its early prices, while selling them abroad at reduced stages. While survival rates are quite high if rates. Talk about fleecing of America. HON. JUDY BIGGERT the disease is found before it spread beyond Citizens of my state and many other border OF ILLINOIS the ovaries, the five-year survival rate drops to states have resorted to boarding busses to IN THE HOUSE OF REPRESENTATIVES 28% for women who are diagnosed and treat- visit doctors and pharmacies in Canada in Wednesday, January 31, 2001 ed in the later stages of the disease. Only order to save money on their prescriptions. America is the greatest nation in the world, yet Mrs. BIGGERT. Mr. Speaker, I rise in honor 25% of ovarian cancer cases are caught in the earliest stages. Maine people are forced to travel to Canada of Dee Leverson, the 2000 Citizen of the Year to obtain life-saving medicines at a price they for Darien, IL. The Ovarian Cancer and Research Amend- ments of 2001 has three components. can afford. This is simply wrong. The city of Darien is at the heart of Illinois’ And yet, currently they have no alternative. 13th Congressional District. It is a central First, it authorizes $150 million for ovarian cancer research: one-half to be spent on basic Congress must seize this opportunity to make crossroads for a growing region. And its resi- a real difference in the health and welfare of dents continue to work hard to live up to the cancer research and one-half on clinical trials and treatment. The bill requires that priority be all Americans by ensuring that our citizens city’s understated motto—‘‘a nice place to have affordable access to prescription drugs. live.’’ given to developing a test for the early detec- tion of ovarian cancer; research to identify pre- We must ensure that Americans can purchase Sometimes, though, that is a tall order. We medications at prices comparable to those that all know that civic involvement is declining. cursor lesions and to determine the manner in which benign conditions progress to malignant citizens of other countries pay. Even the pillars of our communities, such as The need for this action is clear. Today I am the Parent Teachers Association and the Boy status; and research to determine the relation- ship between ovarian cancer and endo- reintroducing, along with Representative JO Scouts, are experiencing declining rates of ANN EMERSON, a resolution that makes clear participation. metriosis. Moreover, the bill requires that ap- propriate counseling be provided to women Congress’ understanding of the high priority But we also know that there are those in our this issue must hold. It affirms our opposition communities that set a shining example to participating in clinical trials. Second, the bill provides for a comprehen- to cross-border prescription drug price dispari- which we all should aspire. Dee Leverson is ties and our commitment to address this issue one of those people. sive education program to provide information to patients and the public on screening proce- in a meaningful way. I hope that my col- When one looks at all that Dee has done for leagues will join us in recognizing the serious- Darien, it becomes clear why she was se- dures, the genetic basis to ovarian cancer, factors that increase the risk of getting ovarian ness of this issue, and taking action to help lected as Darien’s 2000 Citizen of the Year. those most in need of affordable medications. She helped found the Darien Women’s Club. cancer; and any new treatments for ovarian f She assisted in organizing the Darien Cham- cancer. Finally, it requires that the National Cancer ber of Commerce. She served on the COMMENDING THE PREVENTION Advisory Board include at least one individual Darienfest committee for several years, includ- OF A TRAGEDY AT DE ANZA who is at high risk of developing ovarian can- ing two as its cochairperson. She then served COLLEGE cer. as chairperson of Darien Day for 2 years as I hope all my colleagues will join me in sup- well. porting this worthy cause and help to give HON. MIKE HONDA In between all of that, Dee somehow found women a fighting chance against ovarian can- OF CALIFORNIA time to serve on the committee for the first cer. IN THE HOUSE OF REPRESENTATIVES Darien Bookmobile, was active in the Lace School PTA, was a Cub Scout leader, and f Wednesday, January 31, 2001 coowned and operated a women’s apparel INTRODUCTION OF INTER- Mr. HONDA. Mr. Speaker, I rise today to ex- store in Darien. She also served as a cochair- NATIONAL PRESCRIPTION DRUG press my deepest appreciation for the excel- man for the first Cystic Fibrosis drive in the PRICING PARITY RESOLUTION lent investigative work of the San Jose Police area and helped her husband, Ron, launch the Department and the actions of an extraor- Darien Lion’s Club needy family drive. HON. JOHN ELIAS BALDACCI dinary citizen. Yesterday, through the thought- However, I could not sum up what Dee has OF MAINE ful work of our law enforcement and a con- meant to Darien better than what her own IN THE HOUSE OF REPRESENTATIVES cerned citizen who chose not to ‘‘look the neighbors said about her. other way’’, a tragedy liken to Columbine was They wrote: ‘‘Dee exemplifies what good Wednesday, January 31, 2001 averted. citizenship is. Her strong commitment to Mr. BALDACCI. Mr. Speaker, our nation is A young man, whose motives are not yet home, family, community, and the less fortu- facing a growing crisis—the high cost of pre- fully understood, was apprehended with a

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.080 pfrm04 PsN: E01PT1 February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E99 cache of weapons and explosives, which he to disregard all these dangers and con- it again. Sergeant Gregorin had already allegedly was intending to use in an elaborate centrate on a tough and complicated task. I thrown the trailer over the cliff and hit the mass killing scheme and blowing up of the had such a friend and didn’t know it. dirt, flat as a pancake. His timing was per- The day was the one where we departed fect. The trailer blew up as it left his hand. campus of De Anza College in Silicon Valley. France and entered Germany. Our convoy of A mushroom cloud moved up into the sky. Having spent much time at De Anza College 65th Signal Battalion vehicles moved into I’d never seen one before. Pieces of metal and working with many of its wonderful stu- Worms, Germany, a large city on the West were flying everywhere. I hadn’t had time to dents, I was shocked to hear of this news. side of the Rhine River. The city appeared be scared until then. The realization of the As a former schoolteacher and principal, I intact, but soon we noticed that those tall closeness of a nasty way of dying sunk in know how hard it is for young people today to buildings had no insides. All roofs had fallen right there. into basements. It was a city of shell build- Everyone, including me, converged on Greg deal with the many pressures they face. We ings. don’t yet know what this young man’s motives to see what was left of him. He arose and We arrived at the river and began a drive moved his arms sideways proving to himself across it on a two track bridge, one track for were, but this news is a powerful reminder to and the rest of us that he was completely each wheel, supported by flimsy pontoons. I all of us that we must continue to do better in whole, not a scratch. Unbelievable. was perched on a repair bench inside the identifying the warning signs for violence in Sergeant Damrow couldn’t believe he was shop of a radio-repair truck. Slight waves in our schools and work personally with our stu- unhurt. He asked, incredulously, ‘‘Are you the river made the pontoons roll back and sure, you’re not hurt?’’ Then, ‘‘You were a dents, teaching diversity, and tolerance. forth. Movements of the convoy made it damn fool, Greg!’’ I thought, ‘‘Thank God for f worse. There was concern that trucks would a damn fool.’’ Something holy and miracu- tip over and sink into the river, but all made lous had occurred. My wonderful sergeant PERSONAL EXPLANATION it across. The convoy began moving deeper had become a miracle man. into Germany. First roads wound through Sergeant Hess, who had been driving be- the Hartz Mountains. Danger seemed past so HON. TERRY EVERETT hind Sergeant Gregorin, called us to see I made myself comfortable. A repair bench OF ALABAMA damage to his vehicle. Snipers had put bul- on the away from the cliff became a bed on lets into his windshield and wipers. Snipers IN THE HOUSE OF REPRESENTATIVES which I could enjoy forest scenery. It was had started the gasoline fire. Snipers had hit Wednesday, January 31, 2001 beautiful. What a pleasant way to fight a war. vehicles ahead and behind Sergeant Mr. EVERETT. Mr. Speaker, due to a seri- Suddenly, the convoy stopped. Looking out Gregorin’s vehicle. When Greg began his res- ous family illness that necessitated my pres- the window, forward, men were running away cue, the snipers ceased their firing. I like to ence in my district yesterday and today, I was from me. To the rear, men were running believe they were in awe of a brave man. Did unable to vote during the following rollcall away from me. Obviously, I was in some kind they watch the scene from the forest above of a problem area. A view through the rear the road? votes. Had I been present, I would have voted Greg returned to his vehicle behind the as indicated below. window told the story. There was no view, only fire, and no ordinary fire. Yow! Those radio truck. I returned to the bench but Rollcall No. 5 (H.R. 93, the Federal Fire- were violent gasoline flames hitting the win- didn’t lie down and enjoy scenery for a whole fighters Retirement Age Fairness Act)—Yes; dow. The entire supply of gasoline on board day. Later, I asked Greg, ‘‘Would you like Rollcall No. 6 (H. Con. Res. 14, permitting the trailer of the radio-repair truck was me to report this event, so you receive a the use of the rotunda of the Capitol for a about to explode! The only exit was through medal?’’ He gave a negative reply. It was war ceremony as part of the commemoration of the one door, through the flames, to the out- time, and there was little opportunity for the days of remembrance of victims of the side world. All windows had steel screening writing, immediately. The war ended, and one day there was a big Holocaust)—Yes; which could not be removed. A small, six- inch diameter opening in the front of the battalion meeting. Medals were issued with Rollcall No. 7 (H. Con. Res. 15, expressing show was to small to pass me. I wasted pre- no mention of Greg. I could not imagine a sympathy for the victims of the devastating cious time, wondering if somehow I could fit more heroic deed, yet he got nothing. I asked earthquake that struck India on January 26, through the little hole. No. I must dive him again, and he stood firm on his previous 2001, and support for ongoing aid efforts)— through the fire. I opened the door, slightly. commitment. Soon he learned the folly of Yes. A bunsen-burner flame blew into the truck his way. With the medals came points to get Rollcall No. 8 (Approval of the Journal)— from the top of that tiny opening to bottom. the men home, sooner. he lamented secretly Yes. I dared open it no further. to me, ‘‘Maybe I should have let you report At this point, a voice came to me from out- that event.’’ f side and beneath the door, ‘‘Stay in the A sad day arrived. Greg got kicked up the TRIBUTE TO FRANK GREGORIN truck, Oneby!’’ Technical Sergeant Frank ladder, transferred to higher headquarters Gregorin was beneath those wild flames and made into a master sergeant. His her- unhitching the trailer. This was no comfort. oism and great capabilities seemed to be re- HON. ASA HUTCHINSON It takes a wrench to release this type of warded slightly. He disappeared from my life OF ARKANSAS hitch and at least two men to move the trail- for a few months, then returned one day for er; the book says four. The trailer, besides a visit. IN THE HOUSE OF REPRESENTATIVES having a gasoline supply, held the entire The 65th Signal Battalion was stationed Wednesday, January 31, 2001 weight of a fifteen-kilowatt gasoline-pow- atop a mountain near Stutgart, Germany. He ered electric generator. He had arrived at the visited during October 1945. Upon his arrival, Mr. HUTCHINSON. Mr. Speaker, I am hitch too fast to have a wrench. He was try- his replacement, Sergeant Valentine, called pleased today to rise to commend the valiant ing to unhitch the damn thing barehanded. to me, saying, ‘‘A friend of yours is here.’’ I service of a fellow Arkansan, Mr. Frank I’d never seen anyone even try it. was pleasantly surprised to see him in great Gregorin of Sommers, AR. A recounting of his I stared at the six-inch diameter hole in health and with the smile I always like to World War II heroics was recently published in the front of the repair shop. It was still too see. Sergeant Valentine took our picture to- the 65th Signal Battalion’s July 2000 News- small for me to squeeze through. Suddenly, gether. It was the last I would see of him for success! The flames departed from the rear many years. We both returned home to bus- letter which follows below. I want to again window Sergeant Gregorin had removed the thank Mr. Gregorin for his service to our coun- ily take up where we left off. We eventually hitch and was walking the trailer over to the began exchanging letters and again got to try during those difficult times and wish him all cliff, single-handedly. If one of the wheels visit together. Although not near neighbors, the best in his future endeavors. had hit a pebble or the trailer became unbal- we do live within 800 miles of each other. I anced in any way, he wouldn’t have been [From the 65th Signal Battalion, July 2000 count him as my best friend. No one could able to handle it. I opened the door and pre- Newsletter] ever beat him at that. pared to join him in this four-man job. What ‘‘March 29, 1945 began as an ordinary World I saw was frightening. Flames were flowing f War II day in Europe, but on this day I was off the trailer in a vertical sheet. The sheet scheduled to become a cinder. It was my turn was inches away behind him. He didn’t know HONORING NEW MEXICO’S to die unless some friend would help me. The of this danger and was looking at me. He CATHOLIC SCHOOLS help I would need was nearly impossible to yelled. ‘‘Stay away from here, Oneby. That’s obtain. The friend would have to put his life an order!’’ He was so worried about me, he HON. TOM UDALL on the line, place himself in worse danger didn’t realize that a slight change in the di- than I who was about to die. And this was rection of the wind, and he’d be burned alive. OF NEW MEXICO not enough. He would have to have certain No one could ever continue carrying a heavy IN THE HOUSE OF REPRESENTATIVES skills and be able to summon super-human trailer with a bunsen-burner flame hitting Wednesday, January 31, 2001 strength. He would have to disregard enemy him. rifle fire and work patiently beside gasoline I closed the door, so he wouldn’t look at Mr. UDALL of New Mexico. Mr. Speaker, which was about to explode. He would have me, gave him time to look away then opened this week is National Catholic School Week. I

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A31JA8.084 pfrm04 PsN: E01PT1 E100 CONGRESSIONAL RECORD — Extensions of Remarks February 1, 2001 want to take this opportunity to highlight, cases are in Africa where more than 16,000 cials and disclosure of assets by such officials; praise and congratulate our Catholic schools people a day are infected. More than 2 million the establishment of an independent anti-cor- in my home state of New Mexico. Africans died of AIDS in 2000. There are 16 ruption commission; the establishment of an A whole host of events and presentations African countries where more than 10 percent independent agency to audit financial activities are planned for this annual observance of the of the adult population is infected with AIDS. of public officials. significant role that Catholic elementary and Hunger and disease lead the list as the Free and fair elections. secondary schools play in educating our major crises facing the poorest countries of Practice of internationally recognized human young people. This is also an occasion to ob- the world. But there are also other similar rights. serve the high standard of excellence and the characteristics: most of these countries strug- Opposition to international terrorism as de- quality of education available in these institu- gle with democracy or with bad governance; termined by the Secretary of State. The President may waive one or more of tions. they also are caught in a downward spiral of these requirements for emergency humani- Mr. Speaker, whatever our religious affili- debt, causing difficult and uncertain futures. tarian relief purposes, if the President deter- ations, we can all admit that for many genera- Many of the poorest countries must spend mines and certifies to Congress that it is in the tions our parochial schools have achieved out- an exorbitant amount of their budgets simply national security interests of the U.S., or if the standing results in providing an excellent edu- to make their debt payments. The rock singer, President determines that a recipient country cation. Even non-Catholic parents have turned Bono, a vocal advocate for providing debt re- is making demonstrable progress in the afore- to the parochial schools to educate their chil- lief to heavily indebted poor countries, says, mentioned areas. dren. ‘‘A country like Niger, with a life expectancy of The President is to notify Congress of the I especially wish to acknowledge Archbishop 47 years, spends more paying off their debts justification for the determination of the coun- Michael J. Sheehan of the Archdiocese of than on health and education combined.’’ tries that will receive a cancellation or reduc- Santa Fe. His strong leadership is an example Indeed, a country like Niger is not alone. tion of debt according to the conditions in this to all of us. On Sunday, April 25, 1999, an edi- Debt payments can consume as much as 30– legislation. torial by Archbishop Sheehan appeared in the 40 percent of a poor country’s revenue. The Finally, this legislation conveys the sense of Albuquerque Journal. As he eloquently stated, chances of these countries ever paying back Congress that the President should instruct ‘‘Learning takes place in the home and in the their loans is slim to none. Realistically, none the U.S. director at each international financial classroom. To improve academic perform- of heir debt is going to be repaid. institution to which the U.S. is a member to ance, we have to have students who are will- The poor countries of the world have an use the voice, vote, and influence of the U.S. ing and ready to learn, competent teachers alarmingly low life expectancy rate, with re- to urge the cancellation or reduction of debt who care about children and who have high ports indicating that the average person in Si- owed to the institution by a country only if the expectations of students, and parents and ex- erra Leone only lives for 27 years. Canceling country meets the same requirements applica- tended families who also care and have high or reducing the debt of the poorest countries ble in this legislation. expectations of their children.’’ Indeed, Arch- of the world is an opportunity for the U.S. to We need to help the poorest countries over- bishop Sheehan has captured the essence of alleviate the suffering that these people face. come their debt burdens but it must be done education. Unfortunately, many of these poor countries responsibly. We must ensure that a dictator’s I urge all my colleagues to join with me and facing insurmountable debt and needing pockets are not lined as a result of debt relief. salute the fine people that make the Catholic democratic reform are in Africa. That is why this legislation sets up a frame- schools in New Mexico a reality. It is in the The new Bush Administration has a unique work to help the poorest nations of the world spirit of this wonderful celebration that I wish opportunity to make a difference in Africa. in their struggle toward democracy, rather than to recognize and pay tribute to Catholic Throughout my trip, the constant refrain I just simply writing off their debt. This legisla- Schools Week. heard was that the United States just needed tion says progress in democratic reforms, hon- f to show it cared. No one asked for American oring human rights, and opposition to terrorism troops to be deployed. They just want America are important for developing our poor coun- RESPONSIBLE DEBT RELIEF AND to send a signal that it will begin to focus on tries. It says that one of the ways to help the DEMOCRACY REFORM ACT the plight of Africa before another generation poor is to give them opportunities created by of young people is lost to civil war, famine, engendering democracy, transparency, and HON. FRANK R. WOLF disease and AIDS. much needed relief from their country’s over- OF VIRGINIA The U.S. can help provide hope and oppor- whelming debt burden. Lastly it says that if IN THE HOUSE OF REPRESENTATIVES tunity for those who may be hopeless. Pro- those goals are met, the U.S. will help those viding debt relief to the poorest governments Wednesday, January 31, 2001 countries struggling to help their citizens to a of the world, if done in the right way, can free better, more prosperous life. Mr. WOLF. Mr. Speaker, today I am reintro- these governments to better address the Mr. Speaker, while this legislation may not ducing the Responsible Debt Relief and De- needs of their own people. be the perfect answer, I am hopeful it will pro- mocracy Reform Act. This legislation, which I But simply canceling a country’s debt vide the foundation for discussion on how to first introduced in the 106th Congress, is in- doesn’t necessarily pave the way to good gov- help the poor and give them opportunities so tended to provide debt relief to poor countries ernment. The governments of poor countries that the 107th Congress and the Bush Admin- that have an insurmountable debt burden and are often part of the problem. For a variety of istration can deal with this important issue. I to encourage these same countries to imple- reasons, poorly run governments frequently urge my colleagues to join me in co-spon- ment reforms for sound democracy and the stand in the way of alleviating poverty or sick- soring this bill. maintenance of a civil society. ness or of providing hope and opportunity to H.R.— Having just returned from a trip to Central the poorest of the poor. Be it enacted by the Senate and House of Rep- Africa where I visited the Democratic Republic That is why the legislation I propose today resentatives of the United States of America in of the Congo, Rwanda, Burundi, and Sudan, I will provide incentives to countries to reform Congress assembled, am convinced that responsibly provided debt their governments, to institute needed demo- SECTION 1. SHORT TITLE. relief to the poorest countries of the world is cratic reforms and basic structures of a civil This Act may be cited as the ‘‘Responsible one of the best ways to help the poor and the society such as, respect for human rights, pro- Debt Relief and Democracy Reform Act’’. suffering. SEC. 2. ADDITIONAL REQUIREMENTS FOR CAN- moting religious freedom, freedom of the CELLATION OR REDUCTION OF The countries I recently visited are among press, and freedom of association. DEBT OWED TO THE UNITED the poorest of the world. Life in those coun- The legislation says that debt by the U.S. STATES. tries and throughout Africa is not easy. Death, will be provided to countries that meet the fol- The Foreign Assistance Act of 1961 (22 famine, disease and pain are a constant as lowing requirements, as determined by the U.S.C. 2151 et seq.) is amended by adding at millions struggle to survive another day. A re- President of the U.S.: the end the following: cent report by the United Nations says that Freedom of the press. ‘‘PART VI—ADDITIONAL REQUIREMENTS 180 million people in sub-Saharan Africa are Freedom of association. FOR CANCELLATION OR REDUCTION OF DEBT OWED TO THE UNITED STATES undernourished. Some children go days with- An independent and non-discriminatory judi- ‘‘SEC. 901 CANCELLATION OR REDUCTION OF out a meal. Malnourishment lowers immune ciary. DEBT. systems and horrible diseases take hold. Reduction or elimination of corruption relat- ‘‘Beginning on and after the date of the en- The AIDS virus is reaching epidemic propor- ing to public officials, including the promulga- actment of this part, the President may can- tions. Seventy percent of the world’s AIDS tion of laws prohibiting bribery of public offi- cel or reduce amounts owed to the United

VerDate 112000 03:37 Feb 02, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\CR\FM\A31JA8.089 pfrm04 PsN: E01PT1 February 1, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E101 States (or any agency of the United States) quirements of subsection (a) with respect to cerning his committee’s jurisdiction over H. by foreign countries as a result of the cancellation or reduction of debt owed to Con. Res. 15 and his willingness to waive that concessional or nonconcessional loans made, the United States by a foreign country— guarantees issued, or credits extended under ‘‘(1) for emergency humanitarian relief committees referral of the bill, to permit us to any other provision of law only if, in addi- purposes; proceed to its consideration. tion to the requirements contained under the ‘‘(2) if the President determines that it is HOUSE OF REPRESENTATIVES, applicable provisions of law providing au- in the national security interests of the COMMITTEE ON FINANCIAL SERVICES, thority for the debt cancellation or reduc- United States to do so or Washington, DC, January 31, 2001. ‘‘(3) if the President determines that the tion, the requirements contained in section Hon. HENRY J. HYDE, foreign country is making demonstrable 902 are satisfied. Chairman, Committee on International Rela- progress in meeting the requirements of tions, Rayburn House Office Building, ‘‘SEC. 902 ADDITIONAL REQUIREMENTS. paragraphs (1) through (7) of subsection (a) ‘‘(a) IN GENERAL.—A foreign country shall by adopting appropriate legal and other re- Washington, DC. be eligible for cancellation or reduction of lated reforms. DEAR HENRY: I understand that you intend debt under any other provision of law only if ‘‘(c) CONGRESSIONAL NOTIFICATION.—Not to bring H. Con. Res. 15, a resolution express- the government of the country— later than 7 days prior to the cancellation or ing sympathy for the victims of the Indian ‘‘(1) ensures freedom of the press; reduction of debt in accordance with section earthquake, to the floor today for consider- ‘‘(2) ensures freedom of association; 901, the President shall transmit to the Con- ‘‘(3) has established an independent and gress a report that contains a justification ation under the suspension calendar. As you non-discriminatory judiciary; for the determination by the President know, the Committee on Financial Services ‘‘(4) provides for the reduction or elimi- that— was granted an additional referral upon the nation of corruption relating to public offi- ‘‘(1) the requirements contained in each of resolution’s introduction pursuant to the cials, including— paragraphs (1) through (7) of subsection (a) Committee’s jurisdiction over international ‘‘(A) the promulgation of laws to prohibit have been satisfied with respect to the for- financial and monetary organizations under bribery of and by public officials, including eign country involved; or Rule X of the Rules of the House of Rep- ‘‘(2) the requirement of paragraph (1), (2), disclosure of assets by such officials upon resentatives. taking office, periodically while in office, or (3) of subsection (b) has been satisfied and upon leaving office; with respect to the foreign country in- Because of the importance of this matter, ‘‘(B) the establishment of an independent volved.’’. I recognize your desire to bring this legisla- anti-corruption commission— SEC. 3. SENSE OF THE CONGRESS RELATING TO tion before the House in an expeditious man- ‘‘(i) to receive and verify the disclosure of CANCELLATION OR REDUCTION OF ner and will waive consideration of the reso- MULTILATERAL DEBT. assets by public officials in accordance with It is the sense of the Congress of the Presi- lution by the Financial Services Committee. subparagraph (A); and dent should instruct the United States Exec- By agreeing to waive its consideration of the ‘‘(ii) to investigate allegations or corrup- utive Director at each international finan- resolution, the Financial Services Com- tion or misconduct by public officials and to cial institution to which the United States is mittee does not waive its jurisdiction over H. make all findings available to the appro- a member to use the voice, vote, and influ- Con. Res. 15. In addition, the Committee on priate administrative or judicial entries; and ence of the United States to urge that the Financial Services reserves its authority to ‘‘(C) the establishment of an independent cancellation or reduction of debt owed to the seek conferees on any provisions of the reso- agency— institution by a country may be provided ‘‘(i) to audit the financial activities of pub- only if the country meets the same require- lution that are within the Financial Services lic officials and agencies; and ments applicable to the cancellation or re- Committee’s jurisdiction during any House- ‘‘(ii) to make all aduits under clause (i) duction of amounts owed to the United Senate conference that may be convened on available to the appropriate administrative States under paragraphs (1) through (7) of this legislation. I ask your commitment to or judicial entities; section 902(b) of the Foreign Assistance Act support any request by the Committee on Fi- ‘‘(5) is elected through free and fair elec- of 1961 (as added by section 2). nancial Services for conferees on H. Con. tions; Res. 15 or related legislation. ‘‘(6) does not engage in a consistent pat- f tern of gross violations of internationally COMMITTEE JURISDICTION I request that you include this letter and recognized human rights; and RELATING TO H. CON. RES. 15 your response as part of the Record during ‘‘(7) does not repeatedly provided support consideration of the legislation on the House for acts of international terrorism, as deter- floor. mined by the Secretary of State under sec- HON. HENRY J. HYDE Thank you for your attention to these tion 6(j)(1) of the Export Administration Act OF ILLINOIS matters. of 1979 (50 U.S.C. App. 2405(j)(1)) or section IN THE HOUSE OF REPRESENTATIVES Sincerely, 620A(a) of the Foreign Assistance Act of 1961 Wednesday, January 31, 2001 (22 U.S.C. 2371(a)). MICHAEL G. OXLEY, Chairman. ‘‘(b) EXCEPTIONS.—The President may Mr. HYDE. Mr. Speaker, I insert into the waive the application of 1 or more of the re- RECORD, a letter from Chairman OXLEY, con-

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HIGHLIGHTS Senate confirmed the nomination of John Ashcroft, to be U.S. Attorney General. See Re´sume´ of Congressional Activity. Senate Adjournment: Senate met at 9 a.m., and adjourned Chamber Action at 2:53 p.m., until 10 a.m., on Monday, February 5, Routine Proceedings, pages S933–S1023 2001, in pro forma session. (For Senate’s program, Measures Introduced: Eleven bills and one resolu- see the remarks of the Majority Leader in today’s tion were introduced, as follows: S. 234–244, and S. Record on page S1023.) Con. Res. 7. Page S1012 Nomination—Agreement: A unanimous-consent Committee Meetings agreement was reached providing for consideration of the nomination of Robert B. Zoellick, of Virginia, to (Committees not listed did not meet) be United States Trade Representative, with the rank ORGANIZATIONAL MEETING of Ambassador on Tuesday, February 6, 2001, with Committee on Commerce, Science, and Transportation: a vote on confirmation of the nomination to occur Committee adopted its rules of procedure for the at 4:15 p.m. Page S981 107th Congress, and announced the following sub- Nominations Confirmed: Senate confirmed the fol- committee assignments: lowing nominations: Subcommittee on Aviation: Senators Hutchison By 58 yeas 42 nays (Vote No. EX. 8), John (Chairman), Stevens, Burns, Lott, Snowe, Brownback, Ashcroft, of Missouri, to be Attorney General. Smith (of Or.), Fitzgerald, Ensign, Rockefeller, Hol- Pages S933–S1008, S1023 lings, Inouye, Breaux, Dorgan, Wyden, Cleland, Ed- Nominations Received: Senate received the fol- wards, and Carnahan. lowing nominations: Subcommittee on Communications: Senators Burns (Chairman), Stevens, Lott, Hutchison, Snowe, Paul Henry O’Neill, of Pennsylvania, to be Brownback, Smith (of Or.), Fitzgerald, Ensign, United States Governor of the International Mone- Allen, Hollings, Inouye, Kerry, Breaux, Rockefeller, tary Fund for a term of five years; United States Dorgan, Wyden, Cleland, Boxer, and Edwards. Governor of the International Bank for Reconstruc- Subcommittee on Consumer Affairs, Foreign Commerce, tion and Development for a term of five years; and Tourism: Senators Fitzgerald (Chairman), Burns, United States Governor of the Inter-American Devel- Brownback, Smith (of Or.), Ensign, Allen, Dorgan, opment Bank for a term of five years; United States Rockefeller, Wyden, Boxer, Edwards, and Carnahan. Governor of the African Development Bank for a Subcommittee on Manufacturing and Competitiveness: term of five years; United States Governor of the Senators Ensign (Chairman), Brownback, Fitzgerald, Asian Development Bank; United States Governor of Wyden, Hollings, and Rockefeller. the African Development Fund; United States Gov- Subcommittee on Oceans and Fisheries: Senators Snowe ernor of the European Bank for Reconstruction and (Chairman), Stevens, Hutchison, Smith (of Or.), Fitz- Development. gerald, Kerry, Hollings, Inouye, Breaux, and Boxer. Routine lists in the Foreign Service. Page S1023 Subcommittee on Science, Technology, and Space: Sen- Record Votes: One record vote was taken today. ators Brownback (Chairman), Stevens, Burns, Lott, Hutchison, Fitzgerald, Allen, Breaux, Rockefeller, (Total—8) Page S1008 Kerry, Dorgan, Cleland, Edwards, and Carnahan. D90

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Subcommittee on Surface Transportation and Merchant Louis, Missouri; Robert L. Johnson, DC Air, Wash- Marine: Senators Smith (of Or.) (Chairman), Stevens, ington, D.C.; Joe Leonard, AirTran Airways, Or- Burns, Lott, Hutchison, Snowe, Brownback, Fitz- lando, Florida; and Michael E. Levine, Harvard Law gerald, Ensign, Inouye, Rockefeller, Kerry, Breaux, School, Cambridge, Massachusetts. Dorgan, Wyden, Cleland, Boxer, and Carnahan. AIRLINES INDUSTRY CONSOLIDATION FEDERAL GOVERNMENT HUMAN CAPITAL Committee on Commerce, Science, and Transportation: Committee on Governmental Affairs: Subcommittee on Committee concluded hearings on the effects of the Oversight of Government Management, Restruc- American Airlines’ proposed acquisition of Trans turing and the District of Columbia held hearings to World Airlines (TWA), and part of DC Air, and examine the decision of the General Accounting Of- other airline industry consolidation on competition fice to place strategic human capital management on and the consumer, after receiving testimony from GAO’s ‘‘High-Risk’’ list of federal agencies and pro- Senators Bond and DeWine; Representative Meeks grams that are vulnerable to waste, fraud, abuse and and Slaughter; JayEtta Hecker, Director, Physical In- mismanagement, including administrative and legis- frastructure Issues, General Accounting Office; Mis- lative solutions to the human capital crisis, receiving souri Governor Bob Holden, Jefferson City; Donald testimony from David M. Walker, Comptroller Gen- Carty, American Airlines, Dallas/Fort Worth, Texas; eral of the United States, General Accounting Office. William F. Compton, Trans World Airlines, St. Hearings recessed subject to call. h House of Representatives On Wednesday, Senate expects to consider the pro- Chamber Action posed United Nations due bill. The House was not in session today. It will next On Thursday, Senate expects to consider S. 235, meet on Tuesday, February 6, 2001 at 2 p.m. Pipeline Safety. Committee Meetings Senate Committees (Committee meetings are open unless otherwise indicated) No Committee meetings were held. Committee on Armed Services: February 8, to hold hear- f ings on the Secretary’s priorities and plans for the Depart- COMMITTEE MEETINGS FOR ment of Energy national security programs, 9:30 a.m., SH–216. FRIDAY, FEBRUARY 2, 2001 Committee on Banking, Housing, and Urban Affairs: Feb- (Committee meetings are open unless otherwise indicated) ruary 7, to hold hearings to examine how to establish an effective, modern framework for export controls, 10:30 Senate a.m., SD–538. No meetings/hearings scheduled. Committee on the Budget: February 6, to hold hearings to examine long term budgetary issues, 10:30 a.m., SD–608. House February 7, Full Committee, to hold hearings to exam- No meetings/hearings scheduled. ine the impact of demographic trends on the budget and f long-term fiscal policy, 10 a.m., SD–608. Committee on Foreign Relations: February 7, business CONGRESSIONAL PROGRAM AHEAD meeting to consider committee rules of procedures, sub- committee jurisdiction and membership, and proposed Week of February 5 through February 10, 2001 legislation to amend the Admiral James W. Nance and Senate Chamber Meg Donovan Foreign Relations Authorizations Act, Fis- cal Years 2000 and 2001, to adjust a condition on the On Monday, Senate will meet in pro forma session. payment of arrearages to the United Nations that sets the On Tuesday, At 2:15 p.m., Senate will consider maximum share of any United Nations peacekeeping op- the nomination of Robert B. Zoellick, of Virginia, to eration’s budget that may be assessed of any country, be United States Trade Representative, with the rank 10:30 a.m., SD–419. of Ambassador, with a vote on confirmation of the Committee on Health, Education, Labor, and Pensions: Feb- nomination to occur at 4:15 p.m. ruary 8, to hold hearings to examine the Department of

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Health and Human Services’ regulations that affect pa- House Committees tient privacy, 9:30 a.m., SD–430. Committee on Armed Services, February 7, to hold an or- Select Committee on Intelligence: February 7, to hold hear- ganizational meeting, 1 p.m., 2118 Rayburn. ings to examine worldwide threats to national security, Committee on Government Reform, February 7, to hold an 10 a.m., SH–216. organizational meeting, 11 a.m., 2154 Rayburn. February 7, Full Committee, to hold closed hearings on February 8, hearing on ‘‘The Controversial Pardon of intelligence matters, 2:30 p.m., SH–219. International Fugitive Marc Rich,’’ 10 a.m., 2154 Ray- Committee on the Judiciary: February 7, to hold hearings burn. to examine the impact of recent pardons granted by Committee on International Relations, February 7, to hold President Clinton, 9:30 a.m., Room to be announced. an organizational meeting, 11:30 a.m., 2172 Rayburn. February 7, Subcommittee on Antitrust, Business Committee on the Judiciary, February 7 and 8, hearings Rights, and Competition, to hold hearings to examine on H.R. 333, Bankruptcy Abuse Prevention and Con- airline consolidation issues, 10 a.m., SD–226. sumer Protection Act of 2001, 10 a.m., 2141 Rayburn. Committee on Transportation and Infrastructure, February House Chamber 7, to hold an organizational meeting, 12 p.m., 2167 Ray- To be announced. burn. Committee on Veterans’ Affairs, February 8, to hold an or- ganizational meeting, 10 a.m., 334 Cannon.

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Re´sume´ of Congressional Activity

FIRST SESSION OF THE ONE HUNDRED SEVENTH CONGRESS The first table gives a comprehensive re´sume´ of all legislative business transacted by the Senate and House. The second table accounts for all nominations submitted to the Senate by the President for Senate confirmation.

DATA ON LEGISLATIVE ACTIVITY DISPOSITION OF EXECUTIVE NOMINATIONS January 3 through January 31, 2001 January 3 through January 31, 2001

Senate House Total Civilian nominations, totaling 79, disposed of as follows: Days in session ...... 13 5 . . Confirmed ...... 15 Time in session ...... 54 hrs., 57′ 16 hrs., 11′ .. Unconfirmed ...... 64 Congressional Record: Pages of proceedings ...... 931 167 . . Extensions of Remarks ...... 87 . . Public bills enacted into law ...... Civilian nominations, totaling 383, disposed of as follows: Private bills enacted into law ...... Unconfirmed ...... 383 Bills in conference ...... Bills through conference ...... Measures passed, total ...... 17 23 40 Air Force nominations, totaling 29, disposed of as follows: Senate bills ...... House bills ...... 1 . . Unconfirmed ...... 29 Senate joint resolutions ...... House joint resolutions ...... Senate concurrent resolutions ...... 2 2 . . Army nominations, totaling 469, disposed of as follows: House concurrent resolutions ...... 2 4 . . Simple resolutions ...... 13 16 . . Unconfirmed ...... 469 Measures reported, total ...... Senate bills ...... House bills ...... Navy nominations, totaling 42, disposed of as follows: Senate joint resolutions ...... Unconfirmed ...... 42 House joint resolutions ...... Senate concurrent resolutions ...... House concurrent resolutions ...... Simple resolutions ...... Marine Corps nominations, totaling 2, disposed of as follows: Special reports ...... 1 . . . . Unconfirmed ...... 2 Conference reports ...... Measures pending on calendar ...... Measures introduced, total ...... 249 448 697 Bills ...... 224 393 . . Joint resolutions ...... 3 8 . . Concurrent resolutions ...... 6 20 . . Summary Simple resolutions ...... 16 27 . . Total nominations received ...... 1,004 Quorum calls ...... 1 1 . . Total confirmed ...... 15 Yea-and-nay votes ...... 7 6 . . Total unconfirmed ...... 989 Recorded votes ...... 1 . . Bills vetoed ...... Vetoes overridden ......

* These figures include all measures reported, even if there was no accom- panying report. No reports have been filed in the Senate, no reports have been filed in the House.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, February 5 2 p.m., Tuesday, February 6

Senate Chamber House Chamber Program for Monday: Senate will meet in pro forma Program for Monday: The House is not in session. session.

Extensions of Remarks, as inserted in this issue

HOUSE Graham, Lindsey O., S.C., E95 Reyes, Silvestre, Tex., E95 Honda, Mike, Calif., E98 Schakowsky, Janice D., Ill., E89, E93 Baldacci, John Elias, Maine, E98 Horn, Stephen, Calif., E93 Stark, Fortney Pete, Calif., E91 Bereuter, Doug, Nebr., E95 Hutchinson, Asa, Ark., E99 Stearns, Cliff, Fla., E94 Biggert, Judy, Ill., E98 Hyde, Henry J., Ill., E101 Tancredo, Thomas G., Colo., E91 Calvert, Ken, Calif., E97 Lantos, Tom, Calif., E92 Tauscher, Ellen O., Calif., E97 Clayton, Eva M., N.C., E94 Manzullo, Donald A., Ill., E97 Udall, Tom, N.M., E99 DeLauro, Rosa L., Conn., E96 Miller, George, Calif., E96 Wolf, Frank R., Va., E100 Eshoo, Anna G., Calif., E97 Mink, Patsy T., Hawaii, E98 Woolsey, Lynn C., Calif., E91 Etheridge, Bob, N.C., E89 Neal, Richard E., Mass., E91 Everett, Terry, Ala., E99 Pelosi, Nancy, Calif., E96

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