SENATE—Thursday, February 1, 2001

February 1, 2001 CONGRESSIONAL RECORD—SENATE 1213 SENATE—Thursday, February 1, 2001

The Senate met at 9 a.m., in execu- Mr. CRAPO thereupon assumed the dent. But I recognized that Presidents tive session, and was called to order by chair as Acting President pro tempore. should have fairly large leeway to have the Honorable MICHAEL D. CRAPO, a f the people around them they want. Senator from the State of Idaho. But, again, we also have an obliga- RESERVATION OF LEADER TIME tion, a constitutional obligation, in the PRAYER The ACTING PRESIDENT pro tem- advise and consent clause in the U.S. The Chaplain, Dr. Lloyd John pore. Under the previous order, leader- Constitution to look over those indi- Ogilvie, offered the following prayer: ship time is reserved. viduals, to give careful scrutiny to Almighty God, this is the day You f those individuals, to make sure that have made, we will seek to serve You we, as a body collectively—at least by in it; this is Your Chamber, we want to NOMINATION OF JOHN ASHCROFT majority vote—are able to believe that honor You in it; this is Your Senate, TO BE ATTORNEY GENERAL nominated officials will have the hon- we desire to maintain the unity of The ACTING PRESIDENT pro tem- esty, the character, and wherewithal to Your Spirit and the bond of peace pore. The Senate will resume consider- carry out their duties and to serve all through it. Give us an acute sense of ation of the Ashcroft nomination, of the American people well. the power of the words we speak. Grant which the clerk will report. After long and difficult deliberation, the Senators the ability to disagree The legislative clerk read the nomi- I have come to the conclusion that without being disagreeable, to declare nation of John Ashcroft, of Missouri, there are significant questions raised truth without depreciation of each oth- to be Attorney General. on John Ashcroft’s fitness to be our er’s character, to state convictions The ACTING PRESIDENT pro tem- Nation’s chief law enforcement officer. without demeaning disdain, to refrain pore. Under the previous order, the First and foremost, I have serious from egregiousness in an effort to ex- time until 9:15 shall be under the con- concerns about the misleading state- plain, and to judge merits without trol of the majority party. ments Mr. Ashcroft made during the being judgmental. Mr. REID. Mr. President, I suggest confirmation hearings. Dear Father, this is a crucial day for the absence of a quorum. As we all know, Senator Ashcroft the Senate. Remind the Senators on The ACTING PRESIDENT pro tem- strongly opposed the nomination of Mr. both sides of the aisle that what goes pore. The clerk will call the roll. Jim Hormel as Ambassador to Luxem- around does come around. Bless this The legislative clerk proceeded to bourg. Jim Hormel, a distinguished Senate. Keep the Senators close to You call the roll. lawyer, successful businessman, educa- and to each other so that when the Mr. HARKIN. Mr. President, I ask tor, philanthropist, a scion of our fa- vote this afternoon is over, we will not unanimous consent the order for the mous midwestern families. We all have have lost the respect that galvanizes quorum call be rescinded. heard of Hormel Meats. We probably had Hormel bacon in the morning, and the reconciliation that heals. We The ACTING PRESIDENT pro tem- things such as that. They are a fine simply want to live this day knowing pore. Without objection, it is so or- family who came from Iowa and Min- You will be the judge of what is said dered. nesota. Mr. Hormel, of course, has and how it is said. We commit our- Under the previous order, the time taken up his residency, as of late, in selves to civility and care as men and until 9:30 shall be under the control of San Francisco, I don’t know how many women who are accountable to You. the Senator from Iowa. years ago, but some years ago. Prior to You are our Judge and Redeemer. Mr. HARKIN. Mr. President, after re- that, he had been Dean of Students at Amen. viewing his testimony before the Judi- the University of Chicago Law School. f ciary Committee and studying his long I have known Mr. Hormel for many public record, I cannot support the PLEDGE OF ALLEGIANCE years. I consider him a friend. As I nomination of John Ashcroft to be The Honorable MICHAEL D. CRAPO led said, not only is he a great lawyer, United States Attorney General. businessman, educator, and philan- the Pledge of Allegiance, as follows: This is not an easy decision for any I pledge allegiance to the Flag of the thropist, but he is also an outstanding of us. We have all served in this body family man. United States of America, and to the Repub- with former Senator Ashcroft. I cannot lic for which it stands, one nation under God, In 1998, Mr. Ashcroft said he opposed indivisible, with liberty and justice for all. say that I was a personal friend of his. Mr. Hormel’s nomination because he We never associated socially or any- f had—and I quote John Ashcroft’s own thing like that, but I did have dealings words—‘‘actively supported the gay APPOINTMENT OF ACTING with Senator Ashcroft, as we all do lifestyle.’’ PRESIDENT PRO TEMPORE around here, on matters of legislative Further, Mr. Ashcroft said that a per- The PRESIDING OFFICER. The importance. son’s sexual conduct—and I quote clerk will please read a communication Quite frankly, in my dealings with again Mr. Ashcroft’s own words—‘‘is to the Senate from the President pro him, I always found him to be cour- within what could be considered and tempore (Mr. THURMOND). teous to me and my staff. I found that what is eligible for consideration’’ for The legislative clerk read the fol- we could work together even though we ambassadorial nominees. lowing letter: did not have the same views, perhaps, However, in his testimony just 2 U.S. SENATE, on certain pieces of legislation. I found weeks ago, Mr. Ashcroft denied his op- PRESIDENT PRO TEMPORE, that we worked together in the spirit position had anything to do with Jim Washington, DC, February 1, 2001. of compromise here on the Senate Hormel’s sexual orientation. He said he To the Senate: floor. opposed him because, again, he had Under the provisions of rule I, paragraph 3, When John Ashcroft’s name was first known Jim Hormel for a long time, of the Standing Rules of the Senate, I hereby announced as the nominee for Attorney going back to the days when Hormel appoint the Honorable MICHAEL D. CRAPO, a Senator from the State of Idaho, to perform General, I, of course, thought to my- had—and I quote again John Ashcroft— the duties of the Chair. self, he certainly would not have been ‘‘recruited him’’ for law school. STROM THURMOND, my first choice, but then again George Mr. Ashcroft said he based his opposi- President pro tempore. Bush was not my first choice for Presi- tion to Jim Hormel being Ambassador

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

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1214 CONGRESSIONAL RECORD—SENATE February 1, 2001 to Luxembourg on the totality of against then-sitting Gov. Mel istration of voters. During that same Hormel’s record. I spoke with Ambas- Carnahan. Ashcroft on this very floor period of time, the city board trained sador Hormel just last week about this. referred to the distinguished and ac- zero because the city election board, He said he had never had any contact complished judge as ‘‘pro-criminal and appointed by John Ashcroft, refused to with Senator Ashcroft, not when he activist,’’ a man with a ‘‘tremendous follow the policy on volunteers used by was dean of students at the University bent toward criminal activity.’’ his appointed board in the county and of Chicago Law School and not since he Mr. Ashcroft stood on this floor—I throughout the state. The State legis- was nominated in 1997. He did not re- remember listening to him, and I lature saw this anomaly and passed cruit Mr. Ashcroft for law school. As couldn’t believe someone actually said two bills in 1988 and 1989 to require the dean of students, of course—and there this about a sitting State supreme city to do the same as the county and are a lot of students there—Mr. Hormel court justice from his own State—that the state. Governor Ashcroft vetoed was honest; he said: I can’t remember. Judge White had ‘‘a tremendous bent both of those bills. Maybe when he was a student, I might toward criminal activity.’’ I am also troubled by parts of John have met him. I might have talked to I don’t know Ronnie White. I have Ashcroft’s record which reflects poorly him. I might have said something to a met him only once. But after I looked on his commitment to seeking justice group of students. He may have come over his record it seemed to me that for all Americans. Despite his state- into my office for something. But I what Mr. Ashcroft was saying was not ments to the contrary, I am simply not have no recollection of that. only false, it was defamatory. And it is convinced that John Ashcroft will dili- Furthermore, Mr. Hormel emphati- behavior unworthy of a U.S. Attorney gently and thoroughly uphold all of our cally stated he did not ‘‘recruit’’ John General. It is one thing in a political laws. Ashcroft for Chicago Law School. When campaign to take on your political op- I am particularly concerned about he was nominated in 1997, Mr. Hormel ponent and hit him with tough words John Ashcroft’s statements and ac- repeatedly tried to meet with John in tough races, but you can fight back. tions regarding reproductive rights. Ashcroft to talk to him. Even if I op- I have been hit pretty hard in some of Throughout his career, he has been a pose someone, I at least give them the my political campaigns. But when the staunch opponent of the right of courtesy to come in and make their election is over, you get over it because women to make their own reproductive case. I have always made that policy, at least you are able to fight back. decisions. He even wrote legislation to because maybe there is something I Here was a Senator using the privileges criminalize abortion, even in the cases haven’t heard or something I would of the floor of the Senate to personally of rape and incest. Yet during his re- look at differently. John Ashcroft defame the character of a sitting Su- cent testimony, John Ashcroft told would not even meet with Jim Hormel. preme Court justice of the State of committee members he believes that Mr. Hormel did get a recess appoint- Missouri when that judge had no abil- Roe v. Wade is the law of the land—and ment from President Clinton, served ity to fight back. he would not try to overturn it. He well, and was distinguished in his post Finally Mr. White did get his day, even stated, ‘‘No woman should fear in Luxembourg. I asked people at the sort of, in court before the Judiciary being threatened or coerced in seeking State Department in charge of that Committee. I commend Senator LEAHY constitutionally protected health serv- area how he performed, and they said for making sure Ronnie White got his ices.’’ How are America’s women sup- extremely well. They said that he had day here to show that he is a distin- posed to believe John Ashcroft in his conducted his position in the best in- guished justice, that he has absolutely recent testimony on a woman’s right terests of the United States and as a the opposite of a bent toward criminal to choose when he had repeatedly stat- distinguished Ambassador. Again, sex- activity. He also strongly believes in ed during his political career that ual orientation should not have any upholding the law, ensuring that every there is no constitutional right to bearing on a person’s fitness for that person, no matter how low that person choose and that Roe v. Wade was job or any other job. is, no matter how heinous the crime— wrongly decided? I’m not sure he can. John Ashcroft also testified that he that every person has competent rep- I am not sure anyone can simply has never asked job applicants about resentation and a fair trial. Mr. switch off decades of hostility to repro- their sexual orientation. But in a re- Ashcroft’s own words and what he did ductive rights, intolerance towards ho- cent Washington Post article, a health to Justice White make me wonder if mosexuals, and other views, and then care expert, Paul Offner, who had Mr. Ashcroft thinks every person, no fairly and aggressively enforce the interviewed for a cabinet post under matter how low, no matter how hei- laws—he deeply believes are wrong. then Governor Ashcroft, remembers nous the crime, no matter how much As I expect, John Ashcroft will be differently. Offner, who is now part of you disagree with that person, is enti- confirmed despite my vote. I hope they the Georgetown University faculty, re- tled to competent representation and a will prove me wrong. called that Governor Ashcroft’s first fair trial. I thank the President. question to him was whether or not he I also have concerns about John Mr. LEAHY. Mr. President, I ask had the same sexual preferences as Ashcroft’s testimony about the deseg- unanimous consent that a number of most men. At the time it happened, regation court order in Missouri when editorials and material regarding the Offner, also told others about the inter- he was attorney general and governor. nomination be printed in the RECORD. view question. John Ashcroft said that Missouri did There being no objection, the mate- If this is true, this does not seem to nothing wrong. But I think most peo- rial was ordered to be printed in the be the kind of individual who should ple would agree that upholding seg- RECORD, as follows: serve as Attorney General of the regation and blatantly defying a fed- ASHCROFT IS THE WRONG MAN FOR JUSTICE United States of America. eral court order is the very definition John Ashcroft, the man who would be at- I am also disturbed by how, as an of wrong. This was in the 1980s, not the torney general, is quite a deft backpedaler. elected official—namely, U.S. Sen- 1950s. Just a few weeks ago, he was a right-wing ator—Mr. Ashcroft used unseemly po- Also while Governor, Mr. Ashcroft ideologue dedicated to banning abortion and litical tactics, including the reckless appointed the election boards in St. fighting the civil-rights tide. Now he says and unwarranted destruction of a judi- Louis County and in St. Louis city. he’s eager to enforce the laws he hates. So cial nominee’s reputation, a sitting The county, an affluent area, 84 per- which Ashcroft are we getting—last year’s judge’s reputation, for his own political cent white, votes mainly Republican; true believer or a Bush-era compromiser? benefit. Senator Ashcroft led the cam- the city, less affluent, 47 percent black, It’s impossible to tell, and maybe it doesn’t matter. Whether Ashcroft is an ex- paign to block the Federal judicial votes mainly Democratic. During that tremist in centrist garb or some sort of nomination of Missouri Supreme Court period of time, the county hired 1,500 changeling, Americans have reason to worry. Justice Ronnie White in order to gain volunteers, such as out of the League They needn’t fret because of Ashcroft’s con- political points in his reelection bid of Women Voters, for training, for reg- servative leanings; anyone President Bush

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1215 sends to Justice is bound to lean that way. center that the country is so comfortable [From the New York Times, Saturday, Jan. They should worry instead about Ashcroft’s with now. 20, 2001] integrity. As last week’s hearings evinced, In this unique case, senators—among them AFTER THE BALL IS OVER he has less of it than his backers like to Washington state’s Patty Murray and Maria (By Frank Rich) think. Cantwell—should forego their customary Presidents come and go, but a Washington For starters, there’s the small matter of deference to a president’s Cabinet choice and cliche´ is forever. Today we’ll be lectured re- the truth. Ashcroft isn’t telling it. His dec- reject Ashcroft. peatedly on the poignancy of a president’s larations before the Senate contradict his Not because of his beliefs. Because of his exit (not that he’s actually going anywhere), record. Some of his equivocation is penny- record as a two-term state attorney general, the promise of a new president’s arrival, and ante—such as his claim that he’d never have the public office he has held that most close- on the glory of our Republic. We’ll be re- spoken so fondly of proslavery confederate ly resembles the one he seeks. As the na- minded that there are no tanks in the streets leaders to Southern Partisan magazine back tion’s chief attorney, he would lead the Jus- when America changes leaders—only cheesy in 1998 if he’d known the rag favored slave- tice Department, a mammoth government floats and aural assault weapons in the guise holding itself. agency that has been described as being at of high school bands. But other Ashcroft remarks are bold-faced the front line of battles over emotional so- All true, and yet at this inaugural more revisionism: His claim that he’d been ‘‘found cial issues like civil rights, abortion, crime than any other in any American’s lifetime guilty of no wrong’’ and faithfully heeded all and the selection of federal judges. there is a cognitive dissonance between the court orders in a St. Louis desegregation Personally, and as a governor and member patriotic sentiment and the reality. More case is false; the record shows Ashcroft ha- of Congress, Ashcroft had every right to vo- Americans voted for the candidate who lost bitually flouted court orders. His insistence ciferously oppose abortion, even in the case the election than the one who won. The that he derailed a federal judgeship for Mis- of rape and incest; seek to limit government Washington Post/ABC News poll says that souri Supreme Court Justice Ronnie White funds for family planning, and work to de- only 41 percent believe the winner ‘‘has a for principled reasons is belied by the feat modest gun control regulations. mandate to carry out the agenda’’ of his stealth, slurs and distortions Ashcroft used In advance of Ashcroft’s hearing before the campaign. Even before the Florida fracas, to achieve his end. Senate Judiciary Committee, we posed a the country’s black population rejected the An archaeologist could find a small heap of question to the senators who would be asked republican candidate (who assiduously tried twisted facts in last week’s hearings, and to confirm the nomination: Could they be to attract black voters) by a larger margin with them many hints that Ashcroft isn’t persuaded that Ashcroft would enforce the than any since Barry Goldwater (who had the sort of man who ought to be running the laws as they are, not as he would like them voted against the Civil Rights Act). And now Justice Department. But this would be true to be? come calamities ignored in a campaign that even if Ashcroft had been forthright about It is clear from the resulting testimony dithered about prescription drugs, tax cuts his past. and schools: an energy melt-down in the na- The central question of integrity involves and Ashcroft’s long public record in Missouri tion’s biggest state, and a possible economic the way Ashcroft’s mind works. What are that the answer is likely to be no. As Mis- downturn. senators to make of a man who has spent his souri attorney general, Ashcroft was not reg- George W. Bush seems like an earnest man. life expressing extreme convictions—and ularly even-handed or moderate on at least a When he says he has come to Washington to who now says he won’t lift a finger to fulfill couple of thorny social issues that remain ‘‘change the tone’’ and ‘‘unite, not divide,’’ I them? They can doubt him, which would be front and center in the country’s psyche— don’t doubt his sincerity. But so far his ac- natural enough. The confirmation process is women’s reproductive rights and civil rights. tions are those of another entitled boomer generally regarded as a ceremonial gauntlet He attempted on several occasions to se- who is utterly blind to his own faults. He to be run, not a serious test of honor. Dis- verely restrict a woman’s legal right to narcissistically believes things to be so (and sembling is almost part of the game, and it’s choose an abortion by seeking out cases in his intentions pure) because he says they up to the Senate to separate the clever which that was not the main issue and forc- ing them upward through various layers of are. wheat from the lying chaff. Change the tone? As Clinton-Gore raised Perhaps Ashcroft falls into the second cat- appeals to the U.S. Supreme Court. The end goal was to overturn Roe vs. Wade. $33 million largely from their corporate mas- egory. Perhaps what he’s saying isn’t what ters for their first inaugural, so Bush-Cheney he plans to do once he’s got the Justice De- His official record invites serious questions whether he would (1) do the same on the fed- have solicited $35 million from, among oth- partment under his thumb. The prospect is ers, the securities firms that want to get haunting, and is reason enough to reject eral stage and (2) vigorously enforce existing laws restricting violent and obstructive dem- their hands on your privatized Social Secu- Ashcroft’s nomination. rity retirement accounts and the pharma- But what if Ashcroft is telling the truth— onstrations at abortion clinics by anti-abor- tion opponents. ceutical companies that want to protect the or at least thinks he is? It could very well prices of prescription drugs. And already for- Aside from Ashcroft’s major misstatement be, as the man himself said, that Ashcroft eign money is making its entrance—in the during the hearing about the culpability of really plans to enforce every last law of the form of a legal but unsavory $100,000 con- the state in a long-running school desegrega- land whether he likes it or not. If that’s the tribution from the deputy prime minister of tion case, the record paints a picture of an case, doubts about Ashcroft should double. Lebanon, channeled through his son. attorney general who obstructed the cause of It’s worth wondering about a man who has Now comes the news—reported by the col- equal education for children of all races. spent his life vowing to topple the laws he umnist Robert Novak—that John Huang, the now says he’ll enforce. Why should he want When a federal judge ordered the state and convicted Clinton-Gore fund-raiser, repeat- to do this? How will he manage it? How can city of St. Louis to submit plans for vol- edly took the Fifth Amendment in November he possibly muster the spirit to do it well? untary desegregation of the public schools, when questioned in court about his alleged An attorney general isn’t just an attorney. Ashcroft balked. The court finally threat- fiscal ties to Republicans, including Senator He’s also a visionary, a keeper of the flame ened to hold the state in contempt if it did Mitch McConnell, the No. 1 opponent of the of American justice. He must believe with all not meet the deadline: ‘‘The court can draw John McCain crusade for campaign finance he has not just in the sanctity of ‘‘the law,’’ only one conclusion—the state has, as a mat- reform that Mr. Bush has yet to credibly em- but in the laws themselves. A quibble with a ter of deliberate policy, decided to defy the brace. (Mr. McConnell is also the husband of statute here and there isn’t enough to dis- authority of the court.’’ Mr. Bush’s latest labor secretary-designate, qualify a seeker of the office. But a nominee Moreover, Gary Orfield, a Harvard Univer- Elaine Chao.) who has raged all his life against the guiding sity education professor and leading expert Change the tone? Hard as it is to imagine lights of American law—against the prom- on school desegregation, said Ashcroft was that anyone could choose an attorney gen- ises of the Constitution itself—is not a fit the ‘‘most resistant individual’’ he encoun- eral as polarizing as the last, Mr. Bush has flame-keeper. tered in more than 30 federal court cases on outdone himself. With a single cabinet pick the issue. he has reproduced the rancor that attended JOHN ASHCROFT SHOULD BE REJECTED AS The record demonstrates Ashcroft is not a the full Clinton legal troika of Reno, Hubbell ATTORNEY GENERAL uniter, but a divider—something Bush and & Foster. It was not in the United States’ best inter- the country cannot afford in these early There’s been much debate about whether ests for George W. Bush, the incoming presi- stages of healing. John Ashcroft is a racist—a hard case to dent who vowed to unite the country after a Within the ranks of the National Associa- make against a man whose history of play- bruising and narrowly decided election, to tion of Attorneys General are 17 people who ing the race card to pander to voters is bal- nominate for attorney general a man of such share Bush’s political affiliation, including anced by his record of black judicial appoint- extreme beliefs as John Ashcroft of Missouri. moderates such as Mike Fisher of Pennsyl- ments. But there has not been nearly enough While that bell cannot be unrung, the Sen- vania and Carla Stovall of Kansas. We sub- debate about whether our incipient chief ate should not accommodate or be party to mit either would be a more suitable U.S. at- legal officer has lied under oath to the Sen- so drastic a move away from the political torney general than John Ashcroft. ate.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1216 CONGRESSIONAL RECORD—SENATE February 1, 2001 Perhaps his seeming fudging and reversals there was an inference he created that he to the committee offer reassurance that can of his previous stands on Roe v. Wade and knew me and based on that knowledge he only be tested with time. gun control can be rationalized as clever came to the conclusion I wasn’t fit to be- The attorney general serves as the coun- lawyerese. Perhaps some of his evasions can come an ambassador. I find that very dis- try’s chief law enforcement officer, vets fed- be dismissed as a politicians’ typical little turbing. He kept repeating the phrase ‘the eral judge nominees, decides which laws to white lies—and I do mean white—such as totality of the record.’ I don’t know what challenge, enforces civil-rights laws and when he denies he knew that a magazine he record he’s talking about. I don’t know of safeguards liberties, including women’s re- favored with an interview, Southern Par- anything I’ve ever done that’s been called productive rights. tisan, espoused the slaveholding views of unethical.’’ The record that Mr. Ashcroft so In his most important pledge, he told the Southern partisans. But it took a bolder casually smeared includes an appointment to committee his personal beliefs would not kind of dissembling to contradict his own the U.N. in 1996 that was confirmed by the interfere with the job he will be sworn to do. paper trail in public office. After he swore Foreign Relations Committee on which Mr. ‘‘I understand that being attorney general that the state of Missouri ‘‘had been found Ashcroft then sat. means enforcing the laws as they are writ- guilty of no wrong’’ in a landmark St. Louis Since Mr. Bush could easily have avoided ten, not enforcing my own personal pref- desegregation case and that ‘‘both as attor- the divisiveness of the Ashcroft choice by erence,’’ he told the senators. ‘‘I pledge to you that strict enforcement of the rule of ney general and as governor’’ of the state he picking an equally conservative attorney law will be the cornerstone of justice.’’ had followed ‘‘all’’ court orders in the mat- general with less baggage, some of his oppo- Ashcroft is a fierce opponent of the U.S. nents will start calling him ‘‘stupid’’ again. ter, The Washington Post needed only a day Supreme Court’s landmark Roe v. Wade deci- That seems unfair. Mr. Bush’s real problem to report the truth: A federal district judge sion legalizing abortion. He supports a con- is arrogance—he thinks we are stupid. He in fact ruled that the state was a ‘‘primary stitutional amendment that would prohibit thinks that if he vouches incessantly for the constitutional wrongdoer’’ in the matter and abortions even in cases of rape or incest and threatened to hold Mr. Ashcroft in contempt ‘‘good heart’’ of a John Ashcroft, that settles would allow them only if the mother’s life for his ‘‘continual delay and failure to com- it. It hasn’t. Polls showed an even split on were in danger. In the hearings, he said he ply’’ with court orders. the nomination well before the hearings. He would not seek to challenge Roe v. Wade and Mr. Ashcroft may have left even more land thinks that if he fills the stage with black viewed the abortion decisions as ‘‘the settled mines in his testimony about the business- faces at a white convention and poses inces- law of the land.’’ He emphasized he knows man, philanthropist and former law school santly with black schoolkids and talks about ‘‘the difference between an enactment role official James Hormel, the Clinton ambas- being the ‘‘inclusive’’ president ‘‘of every- and an enforcement role. During my time as sador to Luxembourg whose nomination he body,’’ he’ll persuade minority voters he’s a public official, I have followed the law.’’ had fought. Asked by Patrick Leahy, the Ju- compassionate. He hasn’t. He defended his fight against landmark de- diciary chairman, if he had opposed Mr. George W. Bush likes to boast that he segregation cases in St. Louis and Kansas Hormel because Mr. Hormel is gay, Mr. doesn’t watch TV. He didn’t even tune in as City, saying he had never opposed integra- Aschroft answered, ‘‘I did not.’’ Then why the nation’s highest court debated his fate, tion. But The Washington Post reported did he oppose Mr. Hormel? ‘‘Well, frankly, I leaving his princely retainers to bring him Thursday that court documents show the had known Mr. Hormel for a long time. He bulletins. Maybe it’s time for him to start state of Missouri was labeled by a federal had recruited me, when I was a student in listening; he might even learn why so many district judge as a ‘‘primary constitutional college, to go to the University of Chicago Americans aren’t taking his word for John wrongdoer’’ in perpetuating segregated Law School,’’ Mr. Ashcroft testified, before Ashcroft’s ‘‘heart.’’ I don’t doubt that our schools in St. Louis. In 1981, U.S. District adding a cryptic answer he would repeat two new president will give a poetic Inaugural Judge William Hungate threatened to hold times as Mr. Leahy pressed him: ‘‘I made a Address today, but if he remains out of touch then-state Attorney General Ashcroft and judgment that it would be ill advised to with the country, he will not be able to gov- the state in contempt for ‘‘continual delay make him ambassador based on the totality ern tomorrow. and failure to comply’’ with orders to file a of the record.’’ desegregation plan. Hungate wrote later, The implication of this creepy testimony is [From the Austin American Statesman, Jan. ‘‘The state has, as a matter of deliberate pol- that Mr. Ashcroft, having known the 68-year- 19, 2001] icy, decided to defy the authority of this old Mr. Hormel for decades, had some goods ASHCROFT’S PLEDGE TO ENFORCE THE LAW court.’’ on him. The use of the word ‘‘recruit’’ by Mr. President-elect George W. Bush missed a Ashcroft also had to deflect criticism for Ashcroft also had a loaded connotation in chance to select a uniter to heal divisions blocking Ronnie White, the first black Mis- context, since it’s common for those on the wrought by the bruising presidential election souri Supreme Court justice, from becoming religious right who argue (as Mr. Ashcroft when he chose John Ashcroft to be his nomi- a federal judge. In U.S. Senate proceedings in does) that sexual orientation is a choice to nee for attorney general. 1999, Ashcroft called White ‘‘pro-criminal,’’ accuse homosexuals of ‘‘recruiting’’ the The Senate Judiciary Committee’s hear- although White voted to uphold the death young. ings this week on Capitol Hill have exposed penalty in 41 of 59 cases. ‘‘I deeply resent No senator followed up Mr. Ashcroft’s tes- the grave reservations some senators and those baseless accusations,’’ White told the timony about Mr. Hormel, who, unlike an- witnesses have about Ashcroft’s fitness for Judiciary Committee on Thursday. Ashcroft other subject of an Ashcroft character assas- the role of guardian of our country’s laws said White’s dissents didn’t meet the stand- sination, Judge Ronnie White, was not in- and all Americans’ constitutional rights be- ards for retrying cases. vited to testify at the hearings. I located Mr. cause of his staunchly conservative record. Ashcroft’s defenders make their best case Hormel by phone in Washington, where he At the same time, the hearings have galva- when they give examples of how the nominee had traveled for final meetings at the State nized Ashcroft’s supporters, who praise him enforced laws to which he was personally op- Department after concluding his service in as a man of character, principle and honesty, posed. He once argued as attorney general Luxembourg. He strongly disputed Mr. a lawyer who would bring ample leadership against the dissemination of religious mate- Ashcroft’s version of events. experience to the job. rials on public school grounds, even though ‘‘I don’t recall ever recruiting anybody for Early indications are that Ashcroft will he favored the practice. He created the struc- the University of Chicago,’’ Mr. Hormel said win Senate confirmation. He was, after all, a ture for a lottery when it won approval in in our conversation Wednesday night. As an member of the Senate, having lost re-elec- Missouri, even though he calls gambling a assistant dean involved with admissions, he tion in November. His colleagues know him ‘‘cancer.’’ In other matters, he balanced says, he might have met Mr. Ashcroft in well and would need extraordinary evidence eight straight budgets, increased education passing while touring campuses to give talks to sink his nomination. It is customary for funding, championed consumer protection to prospective law school applicants, or in senators to give deference to a president in and advocated online privacy bills. If his nomination is affirmed, as it appears later office visits about grades or cur- selecting his team to reflect his views. As it will be, in time Ashcroft will be tested on riculum. But, Mr. Hormel quickly adds, he any boss would attest, that tradition makes his words to senators that no part of the Jus- doesn’t recall ‘‘a single conversation with sense in building a loyal team, but so does tice Department is more important than the John Ashcroft.’’ Nor has Mr. Hormel seen the Senate’s valuable role in providing con- Civil Rights Division and on his pronounce- him in the three decades since; Mr. Ashcroft firmation. didn’t have the courtesy to respond to re- The Judiciary Committee is carefully ment, ‘‘My primary personal belief is that peated requests for a meeting during Mr. probing Ashcroft’s record as Missouri’s at- the law is supreme.’’ Americans will be Hormel’s own confirmation process and torney general for two terms, governor for counting on him to show us by his actions didn’t bother to attend Mr. Hormel’s hearing two terms and senator for one. Ironically, that his words weren’t convenient window- before opposing him. the man from the Show Me State is being dressing for a record that reflects effective ‘‘I think he made insinuations which would grilled to tell us how he will perform as U.S. public service but falls short of inspiring na- lead people to have a complete misunder- attorney general. While his record is mixed— tional bipartisanship. standing of my very limited relationship reflecting troubling stands on desegregation, The ACTING PRESIDENT pro tem- with him,’’ Mr. Hormel says. ‘‘I fear that gun control and abortion rights—his words pore. Under the previous order, the

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1217 time until 9:45 a.m. is under the con- I must conclude, based on testimony the Missouri Bar Association and had trol of the Senator from South Dakota, in Senate hearings, and from a review upheld death sentences at about the Mr. JOHNSON. of Senator Ashcroft’s years in elective same rate as all other members of the Mr. JOHNSON. Mr. President, while I office, that this man is the wrong man Missouri Supreme Court. have cast votes in favor of all 15 of at the wrong time for the high office of The very conservative columnist Stu- President Bush’s nominees to come Attorney General. If ever there was a art Taylor, wrote that the Judge White thus far before the Senate, I rise today nominee who has committed his years incident alone renders Senator to say, sadly, that I cannot vote in of public service to rejecting biparti- Ashcroft to be ‘‘unfit to be Attorney favor of Senator John Ashcroft for the sanship and moderation, it is Senator General.’’ Taylor stated, ‘‘The reason office of Attorney General of the Ashcroft. This nominee has stated re- is that during an important debate on United States. peatedly that he will never be a party a sensitive manner, then-Senator My position on Cabinet level nomi- to moderation, or to conciliation be- Ashcroft abused the power of his office nees during both Republican and tween the parties. He has consistently by descending to demagoguery, dishon- Democratic Presidencies has remained mocked the very notion of bipartisan- esty and character assassination.’’ I do the same: a presumption in favor of a ship during his years in the Senate. He not contend that Mr. Ashcroft is a rac- President’s nomination rests with the is famous for his observation when he ist, but I do believe his handling of this nominee, and they should be rejected says that only two things will be found matter was characterized by naked po- by the Senate only under extraor- in the middle of the road—dead skunks litical opportunism, dishonesty, and an dinary circumstances. Thus far during and moderates, and I will be neither. utter disregard for justice. the 107th Congress, I have voted in How now, can Senator Ashcroft gain I have no illusions about the end re- favor of: Paul O’Neill for Treasury Sec- the confidence of all the American peo- sult of the vote on the Senate floor; retary; Spencer Abraham for Energy ple that he will be their defender and Senator Ashcroft will be confirmed. I Secretary; Donald Evans for Commerce their advocate? have stated my opposition to any fili- Secretary; Donald Rumsfeld for De- Senator Ashcroft refuses to distance buster effort on this mater. A filibuster fense Secretary; Ann Veneman for Ag- himself from Bob Jones University would have resulted in the need for riculture Secretary; Roderick Paige for where he received an honorary degree, Senator Ashcroft to secure 60 votes Education Secretary; Colin Powell for despite that institution’s harsh criti- rather than 51. While tactically, this Secretary of State; Melquiades Mar- cism of the Pope as ‘‘anti-Christ’’ and might have increased the likelihood of tinez as Housing and Urban Develop- the Roman Catholic and Mormon reli- defeating his nomination, it is a proc- ment Secretary; Anthony Principi as gions as ‘‘cults.’’ He declines to dis- ess which has never been used on Cabi- Secretary of Veterans Affairs; Mitchell avow the Southern Partisan Quarterly net confirmations before, although E. Daniels, Jr. to be Director of the Of- Review, a magazine which, incredibly, Senator Ashcroft, himself, has used it fice of Management and Budget; has defended slavery. He has sponsored against sub-Cabinet appointments and Tommy G. Thompson for Secretary of as many as seven constitutional has frequently voted against Cabinet Health and Human Services; Norman amendments to the U.S. Constitution, nominees. I believe President Bush is Mineta as Transportation Secretary; including one which would outlaw most Elaine Chao as Secretary of Labor; entitled to a fair, up-and-down vote on forms of contraception, and take away Gale Norton as Interior Secretary; and his nominee. Although the confirma- a woman’s constitutional right to de- Christine Todd Whitman as Environ- tion is then, virtually certain, I want termine for herself whether to have an mental Protection Agency Director. to make it clear that I will have noth- Even though numerous of these peo- early abortion, even where rape, incest, ing to do with supporting this par- ple have used positions that are con- or severe physical injury would be in- ticular one of the 16 Presidential nomi- trary to my own, I have respected the volved. nations to come before the Senate so President’s nominations, and have cast Senator Ashcroft’s record indicates far. my votes on all 15 of these instances in that he has not always distinguished Senator Ashcroft, I believe, is the favor of the President’s nominee. between his strident advocacy and his wrong man to help heal America’s divi- The U.S. Constitution, however, re- willingness to enforce the law of the sions, the wrong man to lead the U.S. quires the Senate to consider consent land. As the Missouri Attorney Gen- Department of Justice, and the wrong or rejection of Cabinet nominees, and eral, he did all in his power to under- man to serve as the guardian of the the Senate was not intended by the mine a voluntary school desegregation constitutional rights of all the diverse founders of our Nation to be simply a plan in St. Louis, denouncing vol- people of our nation. I take my oath to ‘‘rubber stamp’’ for any President. I am untary desegregation as ‘‘an outrage the U.S. Constitution seriously, and I particularly troubled by this nomina- against human decency.’’ The St. Louis also take my South Dakota values of tion for Attorney General, knowing Post Dispatch described his campaign fairness, and integrity very seriously— that office does not serve as ‘‘the Presi- as ‘‘exploiting and encouraging the for that reason I will vote no on this dent’s personal lawyer’’—the President worst racist sentiments that exist in nomination. has White House counsel for that pur- the state.’’ The ACTING PRESIDENT pro tem- pose—but that the Attorney General Perhaps most of all, I am troubled by pore. The Senator from Vermont. serves as the peoples’ lawyer; he is an Senator Ashcroft’s handling of the Mr. LEAHY. Mr. President, I thank advocate for all Americans in our Judge White nomination. After the my friend from South Dakota. He is courts of law. Pope, in a visit to St. Louis, had con- one of the most thoughtful Members of I have applauded President Bush’s ex- vinced Governor Mel Carnahan, Sen- this body. I know he has spent a great pressions of support for bipartisan Gov- ator Ashcroft’s opponent at the time, deal of time researching this. I know ernment and the kind of political mod- to not execute a certain Missouri pris- on an issue such as this, when it was eration that will bring Americans to- oner, Ashcroft saw an opportunity to time to make his decision, there were gether rather than tear them apart. In vilify Carnahan as ‘‘soft on crime.’’ only two elements that totally influ- turn, I have helped organize a ‘‘centrist One of his strategies was to depict a enced him—his conscience and his oath caucus’’ of Republicans and Democrats distinguished and highly regarded Afri- of office. I know my friend from South in the Senate, and a ‘‘New Democratic’’ can American judge as ‘‘anti-death Dakota upheld them both. organization consisting of moderate penalty’’ and use the blocking of his Mr. President, I do not see anybody Democrats committed to working with nomination to Federal district court as on the Republican side at the moment. moderate Republicans. I believe this is a high profile means of claiming he The order gives them control of this the kind of Government the American would be tougher on crime then Gov- debate from 9:45 until 10 o’clock. I ask people want, and that they are weary ernor Carnahan. This despite the fact consent to be able to continue. I know of political extremism and harsh that Judge White had been endorsed by I have 4 minutes remaining, but if need ideologies of either the left or right. Republicans and Democrats as well as be, I ask unanimous consent to take

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1218 CONGRESSIONAL RECORD—SENATE February 1, 2001 another 5 minutes with the under- have counsel, a lawyer, representing the same oath of office he will take as standing I will yield that back imme- him and his interests in the White U.S. Attorney General. It is the one he diately if a member of the Republican House with whom nobody else can took as Missouri’s Governor and attor- Party shows up to take their time, and interfere. Every President has done ney general. That is why we have I so ask unanimous consent. that. It makes sense the President will raised so many of the points in the The ACTING PRESIDENT pro tem- pick them and we can’t question them. hearing. They demonstrate an interpre- pore. Without objection, it is so or- We can’t say, you shouldn’t have tation of his oath of office in the past, dered. picked this person; you shouldn’t have his interpretation of law that he now Mr. LEAHY. Mr. President, my good picked that person. That is the Presi- claims during 2 days of hearings, an en- friend from Arizona, Senator KYL, had dent’s own attorney. tirely different interpretation from mentioned me by name on several oc- The Attorney General is different. what he has shown for 25 years prior to casions during his remarks. I will take The Attorney General is different from those 2 days of hearings. a moment to respond to two of the anybody else in the Cabinet because I yield the floor and suggest the ab- points of the distinguished Senator the Attorney General is not a political sence of a quorum. from Arizona. officer and a political arm of the White The ACTING PRESIDENT pro tem- First, he said we somehow put Sen- House. The Attorney General rep- pore. The clerk will call the roll. ator Ashcroft in an impossible catch-22 resents all of us, whether rich, poor, The legislative clerk proceeded to situation where, if he promises to en- black, white, Democrat, Republican, call the roll. force the law, it is described as a con- old, young, conservative, liberal, mod- Mr. SARBANES. Mr. President, I ask firmation evolution or a metamor- erate. We are all represented by the At- unanimous consent that the call for phosis. I think that is a significant torney General. That is why the Attor- the quorum be rescinded. oversimplification of what the record ney General is given such enormous The ACTING PRESIDENT pro tem- shows. discretion—in fact, in many instances pore. Without objection, it is so or- I had the record here yesterday. It is well beyond, whether the President dered. well over 2 feet high in just the ques- likes it or not. The President can al- The Senator from Maryland is recog- tions and answers. ways fire the Attorney General, but nized and has control of the time until It also oversimplifies what the job of the Attorney General has that discre- 10:15 a.m. the Attorney General is. It is not sim- tionary power. Mr. SARBANES. Mr. President, first ply to enforce the law. Nobody ques- When Senator Ashcroft says he will I want to say to the former chairman tions the fact that if you have some exercise that discretion in a manner of the Senate Judiciary Committee— terrible crime—Oklahoma City, for ex- that respects settled law, a number of for 17 days, from January 3 until Janu- ample—whoever is the Attorney Gen- areas in which he aggressively and vig- ary 20—the very able and distinguished eral will enforce the law and bring orously opposed throughout his career, Senator from Vermont, I commend him down the full force of the majesty of then it is understandable that many for the hearings he held on the nomina- the law of this country regarding some- Members may be troubled and skep- tion of John Ashcroft to be the Attor- thing that heinous. In airplane hijack- tical. ney General of the United States. I had ing, assassination, any one of these My friend from Arizona says many the opportunity to watch some of the things where the Attorney General Members have criticized the Repub- hearings. I followed them in the press. gets involved in making decisions of licans for applying too tough a stand- I think the able Senator from Vermont who gets prosecuted, what the pen- ard to the nomination of Bill Lann Lee conducted a very comprehensive, very alties are, nobody questions, no matter to head the Civil Rights Division, yet careful hearing with respect to former who is Attorney General, instituting we seem to be applying the same stand- Senator Ashcroft. I think he is much to the full force of that law. ard to Senator Ashcroft. When Bill be commended for doing an out- However, it is the discretionary areas Lann Lee swore under oath and reiter- standing job. He obviously took very that are troublesome. Many Members ated time and time again that he would seriously the responsibilities of the in this body have been prosecutors. We enforce the law, we were told by our Senate with respect to its constitu- know everybody who is an Attorney friends on the Republican side of the tional advise and consent role. General, a district attorney, is faced Senate, this wasn’t good enough, we I thought a major effort was obvi- with a number of issues where you can couldn’t accept that—basically using ously made to hear from all sides on apply the law at any one area of sever- the same words Senator Ashcroft used. this important question. It meant ity. We all know you can decide the in- The difference is we were prepared to going late into the evening on more terest of society might be not to apply vote against; they wouldn’t allow a than 1 day. But I thought it was a the law, not to seek an indictment. We vote. If they didn’t believe him, they model of how hearings ought to be con- also know that any prosecutor has chould have voted against him; if they ducted. broad discretionary powers in what to were for him, they could have voted for It was not pro forma. It really probed investigate and what not to inves- him. deeply into some very basic and funda- tigate; when to initiate a case, when to It is different here. Here we are de- mental questions, and I, for one, want withhold a case; when to drop a matter bating Senator Ashcroft to be Attorney to express my very deep appreciation or to settle a case. What do you do, for General. We actually received the nom- to the Senator from Vermont for the example, in antitrust? Do you bring ination in the Senate earlier this week. way he planned and conducted those the suit? Do you drop the suit? What do After the then-President-elect said he hearings. The Senate is in his debt. you do in seeking a civil rights rem- was going to nominate him, we moved Mr. LEAHY. Mr. President, I appre- edy? Do you look into it or not? What forward to have a hearing and com- ciate that very much coming from one happens if you think there has been pleted the hearing prior to the Presi- of the intellectual giants of the Senate, voter fraud that may affect your party dent’s inauguration. That is a major my good friend from Maryland. I appre- and not the other party? Do you still difference. We are going to vote on ciate what he said. He and I are two look at it as strictly, or not? him. who believe strongly in the Senate’s The Attorney General is not the Bill Lann Lee—we should point out, role and to do all we can to carry it President’s attorney. In fact, it should if people are going to raise that as a out. I appreciate his kind words. be pointed out that the President is al- standard—Bill Lann Lee, a fine, dedi- Mr. SARBANES. Mr. President, I rise lowed to appoint a White House coun- cated person, who swore to uphold the in opposition to the nomination of sel—anybody he wants—and there is no law, was never even given the courtesy John Ashcroft to be the Attorney Gen- Senate confirmation. The reason for of a vote by the Senate. eral of the United States. I do not do that is very simple: We have all be- Senator Ashcroft can be asked how this lightly. I recognize, of course, the lieved whoever is President should he interprets the oath of office. It is argument that is made that Presidents

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1219 ought to be able to have their Cabinet tion in terms of the judgments he itly belittled moderation; he would now as- picks. I have generally in the past, al- makes and the actions he takes. There- sume a job that demands a sense of balance, though not always, deferred to that fore, it simply does not dispose of the of respect for opposing views. He helped concept, although I think it obviously issue of how someone will perform in block, as senator, the confirmation of well- qualified nominees whose views he found can be overdone, and the Senate needs the office to assert that he will carry noxious; we think in particular of James to be careful not to be taken down the out the laws of the United States. Hormel, whom Mr. Ashcroft deemed unfit to path in which we simply become rubber I would hope so. It is not much of a serve as ambassador to Luxembourg because stamps with respect to nominations for threshold for a Cabinet nominee to as- of his advocacy of gay rights, and Bill Lann the Cabinet. If that is what the Found- sert that, if confirmed, he will carry Lee, whom Mr. Ashcroft opposed for a Jus- ing Fathers had intended, presumably out the laws of the United States? tice Department position on civil rights. they never would have put the advise That is the minimum threshold. In Most troubling of all is the designee’s and consent function in the Senate the instance of the Attorney General, record of insensitivity toward those rights, a record that raises doubts about whether the with respect to nominees to the execu- there is a broad range of activities that Justice Department can maintain its role in tive branch of the Government. are subject to his judgment and discre- a Bush administration as a defender of mi- Of course, the judiciary is an entirely tion, subject to the Attorney General’s norities in need of legal help. In 1984, Mr. separate matter since it is an inde- sense of priorities, and that, of course, Ashcroft based his gubernatorial primary pendent branch of the Government, and is what raises some very difficult ques- campaign on his zealous opposition as attor- I think there the standard is much tions with respect to this nomination. ney general to a voluntary desegregation higher and much less acknowledgment Senator Ashcroft has never hidden plan for St. Louis’s public schools, boasting or deference should be given to the the fact that he has planted himself at on the trail that his tactics had risked a con- tempt of court citation and using television President’s judgment. But I recognize the extreme of the political spectrum. attack ads to charge that his Republican pri- the argument that is made with re- In fact, he has taken pride in that fact mary opponent was too soft in opposing de- spect to Cabinet members. and asserted it in the course of his po- segregation. While considering a run for On the other hand, I think it is very litical career. Moderation is not a word president in 1999, Mr. Ashcroft granted an important when we consider Cabinet which enters into his political think- interview to Southern Partisan magazine, appointments, and particularly an of- ing. In fact, on more than one occasion, which glorifies the former Confederacy, and fice such as the Attorney General, to he has belittled moderation, as the accepted an honorary degree from Bob Jones be very careful in judging how the very Washington Post pointed out in an edi- University in South Carolina, site of a key important responsibilities of that of- GOP primary. In testimony last week he torial just a few days ago. claimed ignorance about the magazine’s fice will be carried out. Mr. President, I ask unanimous con- more odious aspects, but in his interview he I thought the Senator from Vermont sent to print the editorial in the explicitly endorsed its efforts to burnish the made a very important contribution to RECORD. reputations of Confederate leaders. Mr. this debate in his statement when he There being no objection, the mate- Ashcroft also declined during his confirma- outlined the importance of the position rial was ordered to be printed in the tion hearing to repudiate his association of the Attorney General. I am not sure RECORD, as follows: with and praise for Bob Jones (‘‘I thank God for this institution’’), which maintained a enough focus has been placed on that [From the Washington Post, Jan. 21, 2001] ban on interracial dating at the time of his dimension. WRONG FOR JUSTICE The Senator pointed out that it is a visit. The Constitution assigns to the Senate the Finally, as he prepared for his reelection position of extraordinary importance; duty to provide a president advice and con- campaign for the U.S. Senate last year, then- that the judgment and priorities of the sent on his nominations. Had George W. Sen. Ashcroft grossly distorted the record of person who is the Attorney General af- Bush sought senators’ advice before desig- black Missouri supreme court judge Ronnie fect the lives of all Americans; that the nating John Ashcroft as his choice for attor- White in opposing his appointment to a fed- Attorney General is the lawyer for all ney general, the answer, in our view, would eral appeals court, as we wrote in this space the people and the chief law enforce- have been easy. Former senator Ashcroft is at the time. On the Senate floor, Mr. ment officer in the country. the wrong man for that job. But a president Ashcroft portrayed the respected judge as a The Attorney General controls a very is entitled to wide latitude in picking his ad- man with a ‘‘tremendous bent toward crimi- visers, wider than in selecting judges whose nal activity.’’ In one case, Mr. White had fa- large budget, over $20 billion. He di- tenure will outlast his, and in part for that vored a new trial for an African American rects the activities of almost 125,000 at- reason Mr. Ashcroft seems likely to win con- convicted before a judge who had made ra- torneys, investigators, Border Patrol firmation. But if Mr. Bush is entitled to the cially inflammatory statements; Mr. agents, deputy marshals, correctional attorney general he wants, he is not entitled Ashcroft claimed on the Senate floor, false- officers, and other employees in over to take pride in the pick, and we fear it is ly, that Judge White’s complaint was that 2,700 Department of Justice facilities one that may not serve him or the country the judge in question opposed affirmative ac- throughout this country and in 120 for- well. tion. eign cities. He supervises the selection Mr. Ashcroft’s views and record put him on Mr. Ashcroft argues that in each of these the far right edge of Republican politics. It is instances he was stressing legitimate policy and actions of the 93 U.S. attorneys not just that we disagree with many of his positions, such as opposition to busing, sup- and their assistants; the U.S. marshals; positions, on issues ranging from gun control port for state’s rights and resistance to a supervises the Federal Bureau of Inves- to campaign finance reform; it is that Mr. soft-on-crime judiciary. But deliberately or tigation; the Immigration and Natu- Ashcroft seems in a different place from that not, he was also playing racial politics. ralization Service; the Drug Enforce- which Mr. Bush seemed to promise for his Senators traditionally have voted to con- ment Agency; the Bureau of Prisons; administration during his campaign and firm nominees whose ideologies they reject, and many other Federal law enforce- again yesterday in his inaugural address. and that is not a tradition to be lightly set ment components. The Missouri politician’s support for a con- aside. We opposed Mr. Ashcroft’s own tend- ency to block nominations on ideological Furthermore, the Attorney General stitutional amendment banning abortion even in cases of rape is only one example. grounds, a standard that seems no more evaluates judicial candidates, rec- Last week he indicated in committee testi- right when turned against him. Moreover, it ommends judicial nominees to the mony that he would have no difficulty living is troubling to see opponents overreach and President, advises the executive branch with Mr. Bush’s more nuanced views, but if demonize the Ashcroft record, as in Sen. Ed- on the constitutionality of bills and his lifelong crusade against abortion has ward Kennedy’s distortion that Mr. Ashcroft laws, determines when the Federal stemmed from deep conviction—which we considers the U.S. government to be a tyr- Government will go into court, what have no reason to doubt—it is hard to under- anny. By the same token, though, Mr. statutes to defend in court, what argu- stand how that could be so easily switched Ashcroft’s defenders are mistaken when they allege that opposition to him is simply a ments to make to the Supreme Court off. The same is true of his intolerance of ho- mosexuality. manifestation of religious prejudice or par- and other courts. More troubling than his views have been tisan politics. In other words, as the Senator from Mr. Ashcroft’s inflammatory political tac- If Mr. Ashcroft is confirmed, he, and even Vermont pointed out, the Attorney tics. On a range of issues—as a governing more the president, will incur a particular General exercises a very broad discre- philosophy, in fact—Mr. Ashcroft has explic- obligation to staff the Justice Department

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1220 CONGRESSIONAL RECORD—SENATE February 1, 2001 with people of demonstrated fairness and in- what John Ashcroft did to Judge Ron- His record suggests no such embrace of tegrity and to show that they can administer nie White. As others have spoken at civil rights laws or the premise of equal pro- the law even-handedly. With this appoint- length on that, I will not go into it in tection under law. Many things he has said ment, it seems to us, Mr. Bush has taken on any great detail, But Judge White was and done betray a vicious hostility toward a burden he did not need. We hope, for his them. sake and the country’s, that as attorney gen- ambushed on the floor of the Senate. He has blasted the judiciary (which he eral Mr. Ashcroft would behave as the meas- That, simply put, is what it amounted calls the least representative branch of gov- ured and reasonable man he portrayed at to. And that ambush was, in effect, ernment) for granting ‘‘group rights’’ to mi- last week’s hearings, and not with the oppor- staged by John Ashcroft. norities, without regard to the group dis- tunism that has marred his career. Judge White is a man who worked his crimination that necessitates those rights. (Mr. ALLEN assumed the Chair.) way up, the classic American oppor- He has opposed public school desegrega- Mr. SARBANES. I now quote from tunity story, to become a judge on the tion—in one instance to the point of being highest court of the State of Missouri, threatened with judicial contempt—and pro- that editorial: posed a constitutional amendment to outlaw More troubling than his views have been an African American who broke a bar- abortion in all forms for any reason. Mr. Ashcroft’s inflammatory political tac- rier when he went on that court. He And he has defended or stood mute in the tics. On a range of issues—as a governing was then nominated to be a Federal face of other institutions that attack the philosophy, in fact—Mr. Ashcroft has explic- district judge. His nomination was very premise of equal rights—Bob Jones Uni- itly belittled moderation; he would now as- brought out of the Judiciary Com- versity, a neo-Confederate magazine called sume a job that demands a sense of balance, mittee. The arguments used on the Southern Partisan, even groups with ties to of respect for opposing views.... floor to ambush him were not raised in the Ku Klux Klan. Those of us who have interacted with His record has inspired progressive groups the Committee. On the floor the Senate around the country to oppose Mr. Ashcroft’s him in the Senate have spoken about was told that ‘‘he has a tremendous the intensity and the zeal of his posi- nomination. It’s also why some Democratic bent toward criminal activity.’’ Imag- senators are threatening a filibuster to block tions as an advocate, and I recognize ine saying that about a sitting judge of a confirmation vote. that. In fact, he has asserted it as one the State’s highest court, a statement We share the concerns about Mr. of his great political strengths and which upon examination cannot be sus- Ashcroft’s civil rights record. We worry that something in which he takes a great tained. his confirmation as attorney general could deal of pride. Furthermore, Senator Ashcroft ar- mean the end of the Justice Department’s He has taken a number of positions gued about White that, if confirmed important efforts to level Americas uneven which are well outside the mainstream playing fields. ‘‘he will use his lifetime appointment But that alone would be insufficient for us of thinking—most Americans, I think, to push law in a pro-criminal direction to call for derailing a Cabinet nominee. Gen- are in the middle of the road. Senator consistent with his own personal polit- erally, we believe presidents should be given Ashcroft has been quoted as saying ical agenda.’’ wide latitude in making their appointments. that there are only two things you find No wonder that legal columnist Stu- There is another, a more important reason in the middle of the road—a moderate art Taylor, wrote in an article that to oppose Mr. Ashcroft—his character. and a dead skunk. John Ashcroft’s treatment of Judge When Mr. Ashcroft tanked the federal judi- I think one will find most of the cial nomination of Ronnie White, he dem- White alone makes him unfit to be At- onstrated recklessness with truth and integ- American people are in the middle of torney General. rity that the nation can’t countenance in an the road. The reason is that during an important de- attorney general. There are extreme ideological posi- bate on a sensitive matter, then-Senator He lied about Mr. White’s stance on death tions here which of course, raise impor- Ashcroft abused the power of his office by de- penalty cases, painting him as an anti-death tant questions. In fact, when Senator scending to demagoguery, dishonesty and penalty maverick when, in fact, Mr. White Ashcroft held up the nomination of Bill character assassination. had affirmed death sentences 71 percent of The Baltimore Sun, in an editorial of the time as a Missouri Supreme Court judge. Lann Lee to be the head of the Civil And to this date, Mr. Ashcroft has not Rights Division—a man of extraor- yesterday—I ask unanimous consent that this editorial be printed in the owned up to what he did. During his own dinary qualification and dedication, a confirmation hearings before the Senate Ju- life story that ought to command the RECORD. diciary Committee, Mr. Ashcroft defended respect and admiration of all Ameri- There being no objection, the mate- what he did to Mr. White—and denied that it cans—he argued that Lee is ‘‘an advo- rial was ordered to be printed in the represented a distortion of the truth. cate who is willing to pursue an objec- RECORD, as follows: Whatever the reasons for Mr. Ashcroft’s [From the Baltimore Sun, Jan. 31, 2001] actions, they speak to a willingness to pur- tive and to carry it with the kind of in- sue his own agenda by any means necessary, tensity that belongs to advocacy, but ASHCROFT ISN’T RIGHT FOR ATTORNEY GENERAL without regard to veracity of fairness. not with the kind of balance that be- That makes it difficult—or near impos- longs to administration . . . his pursuit Few people had ever heard of racial sible—to imagine Mr. Ashcroft setting a profiling a few years ago. credible legal agenda from the seat of the na- of specific objectives that are impor- But now it’s a household phrase, because tion’s highest law enforcement officer. tant to him limit his capacity to have former Attorney General Janet Reno’s law- It also makes it hard to believe any of yers proved many police departments were the balanced view of making the judg- what Mr. Ashcroft said during his testimony treating skin color as if it were a highway ments that will be necessary for the before the Senate Judiciary Committee, crime, pulling over minority drivers for one person who runs the [Civil Rights] Di- when he passionately stated he would abide reason—their race. by and enforce laws that don’t necessarily vision.’’ It was an important reminder that dis- coincide with his personal beliefs. That is the mental framework, the crimination is still very much alive in Amer- The Senate Judiciary Committee voted perspective that he brought to this ica. yesterday to confirm Mr. Ashcroft. The full very important nomination as the head During Ms. Reno’s tenure, Justice Depart- Senate could vote by Thursday. ment lawyers delved into problems in em- of the Civil Rights Division in the De- A ‘‘no’’ vote in the full chamber—however ployment, fair housing and lending, edu- partment of Justice. I do not intend to unlikely that might be—is the only course cation, public accommodations and voting. simply turn that standard and apply it that will save the Justice Department from They investigated Americans With Dis- to him but I do think it is indicative of the taint of Mr. Ashcroft’s improbity. ability Act violations, enforced federal laws an attitude and of a mindset that gives protecting access to abortion clinics. Mr. SARBANES. In commenting on me great pause when I come to con- The point: Ms. Reno didn’t merely ac- John Ashcroft’s distortion of Judge sider someone who is going to exercise knowledge or respect the existence of civil White’s record, said: the kind of discretion and broad range rights and other laws designed to protect Whatever the reasons for Mr. Ashcroft’s of judgments that are placed in the Americans. She embraced them and enforced actions, they speak to a willingness to pur- hands of the Attorney General of the them doggedly, because discrimination still sue his own agenda by any means necessary, robs entire classes of Americans of their without regard to veracity or fairness. United States under the statutes of our most basic liberties. country. That brings us to the troubling nomination This from an editorial in the Balti- Another instance I want to point to of former Missouri Sen. John Ashcroft to more Sun entitled ‘‘Ashcroft isn’t right which has given me great concern is head the Justice Department. for attorney general.’’

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1221 I just want to add one other instance cases that bear directly on issues relevant to Ashcroft as an appropriate candidate to lead or example of the kind of approach and the Department of Justice. For example, the a department charged with providing justice attitude in John Ashcroft’s record that desegregation of public schools, often under for all Americans. But recognizing that his concerns me. voluntary agreements supervised by federal confirmation is probable, we can hope that courts, has bipartisan roots reaching back to Mr. Ashcroft’s performance as attorney gen- When he was attorney general of the the Eisenhower presidency. But as Missouri eral will be based on the president’s inau- State of Missouri, charged with car- attorney general, Mr. Ashcroft opposed a gural vision of ‘‘a single nation of justice and rying out the laws, he repeatedly, in court-approved voluntary desegregation plan opportunity’’ rather than on the general phi- school segregation cases, was rebuked for St. Louis and failed to come up with an losophy of Mr. Ashcroft’s public career to and overruled by the courts, both State alternative that would have ameliorated the date. and Federal courts, on very sensitive segregated conditions. Mr. SARBANES. I thank the Chair. and important school segregation Mr. Ashcroft’s tactics in blocking Judge The PRESIDING OFFICER. I thank cases. Ronnie White’s elevation from the Missouri the Senator from Maryland. In my view, he has had a consistent Supreme Court in the federal bench raise problems of another sort. Judge White had a Under the previous order, the time record of being at the extreme, of tak- strong record of supporting capital punish- until 10:30 shall be under the control of ing positions well outside the main- ment and often voted with Mr. Ashcroft’s ap- the majority party. stream. And we are now faced with the pointees on the Missouri Supreme Court. But The Chair recognizes the assistant question of whether he should be on the floor of the Senate, Mr. Ashcroft ad- majority leader, the Senator from placed in a position where he will have vanced the fabricated charge that Judge Oklahoma, Mr. NICKLES. broad discretion and will be making White was ‘‘pro-criminal’’ and had ‘‘a tre- Mr. NICKLES. Mr. President, thank very sensitive judgments. It is a posi- mendous bent toward criminal activity.’’ you very much. tion that the whole country looks to to Before the Judiciary Committee, Mr. Mr. President, I rise in total and Ashcroft persisted in this demagogic attack, sustain its civil rights and its civil lib- insisting that he was merely exercising his complete support of John Ashcroft to erties. prerogative as a senator to reach an inde- be the next Attorney General of the The Nation needs to have confidence pendent judgment. He was equally United States. I do that with great that the person serving as Attorney unpersuasive in explaining his plainly pleasure, and with pride, because I General will personify fairness and jus- homophobic opposition to the confirmation know him. And I am not amused when tice to all our people all across our of James Hormel as ambassador to Luxem- I hear people talking about John country. bourg. Mr. Hormel is a man of sterling legal Ashcroft in a way that is not the John The PRESIDING OFFICER. The time and diplomatic credentials. Yet Mr. Ashcroft Ashcroft I know. of the Senator from Maryland has ex- declared that he opposed Mr. Hormel based on the ‘‘totality’’ of his record. I know John Ashcroft. I have served pired. As President Bush likes to say, we cannot with John Ashcroft. I have spent hours Mr. SARBANES. I ask unanimous read what is in another’s heart. But neither and hours and hours with John consent to speak for another 30 sec- can any civic-minded participant in this Ashcroft on a multitude of issues. I onds. process fail to consider Mr. Ashcroft’s his- have absolute, total, and complete con- The PRESIDING OFFICER. Without tory of opposition and code-worded con- fidence that he is going to be one out- objection, it is so ordered. demnation of those whose color, sexual pref- standing Attorney General of the Mr. SARBANES. The New York erence, religious views and attitude toward United States. Times, in an editorial opposing this abortion differ from his own. He is as qualified as anybody that nomination, made reference to Presi- On the issue of abortion, Mr. Ashcroft swore that his 30-year history of legislative has ever been an Attorney General. If dent Bush’s inaugural visions of ‘‘a sin- and constitutional attacks on abortion you look at his qualifications, he was gle nation of justice and opportunity.’’ rights would not lead him to oppose the ‘‘set- attorney general for the State of Mis- In my view John Ashcroft does not tled law’’ supporting those rights. Of equal souri for 8 years. He was named head of carry out that vision. I oppose his nom- importance, he testified under oath that he the National Association of Attorneys ination. I ask unanimous consent that would not use his powers as attorney general General which means the other attor- this editorial be printed in the RECORD. to invite a Supreme Court reversal of Roe v. neys general all across the country There being no objection, the mate- Wade, the ruling that guarantees reproduc- elected him to be their leader. rial was ordered to be printed in the tive freedom of choice for American women. We welcome those statements as a solemn I have heard some of my colleagues RECORD, as follows: pledge to the American people on a pivotal say he is extreme. That is not the type [From the New York Times, Jan. 23, 2001] issue of civil liberties and constitutional of person a bipartisan group of Attor- OPPOSING THE ASHCROFT NOMINATION law. But that reassurance does not lift from neys General would pick. He would not The days after an inauguration are always this page or the Senate the obligation to have been picked as the head of the Na- marked by a spirit of optimism and well- look at the entire mosaic pieced together by tional Association of Attorneys Gen- wishing. But it also has to be a time for the Judiciary Committee. In the Senate, Mr. eral. marking out fundamental principles that Ashcroft’s legislative record shows a public He served for 8 years as Governor of official with a history of insensitivity to mi- should come into play as the nation seeks the State of Missouri. He was elected the new civic accord that President George nority concerns and a radical propensity for W. Bush eloquently endorsed in his inaugural offering constitutional amendments that head of the National Governors’ Asso- address. It is within this framework that the would bring that document into alignment ciation. Again, that is not an extrem- Senate should consider the nomination of with his religious views. He even favored an ist. That is not somebody outside the John Ashcroft as attorney general. amendment to make it easier to revise the mainstream. He was elected by his For our part, we wish that we could simply Constitution. peers, by the bipartisan group of Gov- acquiesce in a confirmation that seems as- We urge a unified Democratic vote in the ernors, to be head of the National Gov- sured by the expectation that all 50 Repub- Senate against confirmation. If 40 or more ernors’ Association. licans and a number of Democrats will vote Democrats cast a vote of principle against He then was elected to the Senate to approve Mr. Ashcroft. But the matter is Mr. Ashcroft’s record, he and Mr. Bush will more complex than that. be on notice that sensitivity to and regard which is how I really got to know him. As in our first commentary on Mr. for the beliefs and rights of all Americans Of course, I had known him by reputa- Ashcroft’s nomination, we stipulate that we have to be governing realities at the Depart- tion as being an outstanding attorney are convinced he is a man of sincere convic- ment of Justice. general and outstanding Governor. tion and personal rectitude. But the testi- We do not argue that Mr. Ashcroft is a bad He was an outstanding Senator. He mony before the Judiciary Committee estab- man. We do assert that his record makes him served 6 years in this institution. I lished that he is not a nuanced or tolerant a regrettable appointee for a new president served with him in countless meetings, thinker about law, about constitutional tra- who speaks with conviction about creating and I could not have come away know- dition or about the general direction of an an atmosphere of reassurance for all mem- increasingly diverse American society. bers of the American family. Given this ing a person of greater intellect and in- Any reasonable reading of the extensive newspaper’s long history of defending civil tegrity—a person of conviction, a per- Judiciary Committee testimony shows that liberties, reproductive freedom, gay rights son who can get things done, a person Mr. Ashcroft’s zeal has overruled prudence in and racial justice, we cannot endorse Mr. who is willing to listen to all people on

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1222 CONGRESSIONAL RECORD—SENATE February 1, 2001 all sides, a person who is fair. Again, I member on the committee. I don’t re- him well. I am very proud to cast my have come to the conclusion that he member a single time a national law vote today in support of John Ashcroft will be an outstanding Attorney Gen- enforcement group or association con- to be the next Attorney General. I look eral. tacting Senators to say please vote no forward to him being the next Attor- I am bothered by the opposition. I on a Federal judge. ney General. I am confident he will wonder where it comes from because I remember getting a letter from the represent this country extremely well maybe they are talking about a dif- National Sheriffs’ Association saying: in that capacity. ferent person. Vote no on Judge White. I said: Why? I yield the floor. On the issue of fairness, I have heard Well, there was a case where three dep- Mr. REID. Mr. President, I suggest people say that we have done a good uty sheriffs were murdered and a sher- the absence of a quorum. job since we have confirmed all of iff’s wife was murdered and the defend- The PRESIDING OFFICER. The President Bush’s nominees except one, ant confessed. That case is the reason clerk will call the roll. and it has only taken a couple weeks. they wrote the letter. Of seven Mis- The assistant legislative clerk pro- I go back 8 years ago, after President souri Supreme Court judges, Judge ceeded to call the roll. Clinton was elected, when every one of White was the sole dissenter who said: Mr. LEAHY. Mr. President, I ask President Clinton’s nominees were con- Let’s review this case. There may be unanimous consent that the order for firmed by voice vote, unanimously, by extenuating circumstances and the de- the quorum call be rescinded. January 21, except for one, and that fendant deserves another trial. The PRESIDING OFFICER. Without was for Attorney General. And that The sheriffs didn’t feel that way. The objection, it is so ordered. delay was not because Republicans prosecutors didn’t feel that way. Other Mr. LEAHY. Mr. President, I ask were fighting the Attorney General prosecutors, the sheriffs, and the chiefs unanimous consent that some addi- nomination. It was because President of police in Missouri, said: Don’t con- tional op-ed pieces, columns, and oth- Clinton ended up sending three names firm Judge White. I can’t remember, ers be printed in the RECORD regarding to the Senate because he had some again, another nomination where you this nomination. There being no objection, the mate- problems with the first two before he had the chiefs of police all across the rials were ordered to be printed in the submitted his final nominee. The delay State who know the particular judge RECORD was not because of Senate opposition. say: Don’t confirm him. That was , as follows: It was because he had some problems something I needed to know. [From the Washington Post, Jan. 19, 2001] with the first couple of nominees he I am also troubled when some people ASHCROFT THE ACTIVIST submitted. say: You didn’t confirm Judge White (By William Raspberry) When we eventually got to Janet because of his race. Most of us didn’t Opponents of John Ashcroft’s nomination Reno, after he submitted her to the know what race he was. We knew law to become attorney general have been turn- Senate, she was confirmed in very enforcement was against him, and we ing over every rock in sight, hoping to find some outrageous statement, some political short order without all this rancor, voted no. I make no apologies for that skeleton, some evidence that he is unfit to without all this partisan nonsense. She vote. be the nation’s chief law enforcement officer. was confirmed 98–0. She was every bit To imply that someone is a racist be- His supporters have been doing their best as liberal as John Ashcroft is conserv- cause they oppose a nominee is wrong. to prove that the nominee is technically ative—every bit. Most of us opposed Judge White be- qualified for the job and is, moreover, a de- In addition, Ms. Reno said she was cause he was opposed by law enforce- cent man who would enforce the law fairly. going to uphold the law. I have heard ment groups. The whole thing seems to be missing the point. I have never doubted Ashcroft’s de- the intensity of this debate since John I heard somebody say: John Ashcroft, cency, never questioned his legal abilities, Ashcroft is pro-life. Will he enforce the back when he was Governor, opposed a never worried that, in a particular case, he law and access to abortion clinics? court decision on desegregation. Then would be unfair. John Ashcroft said he would. He took we find out that Senator Danforth, who But the attorney general is not just the na- an oath. He said: I will uphold the law is probably as respected a moderate as tion’s chief cop. He is also the chief of the land. anybody, also opposed that decision, influencer of our law-enforcement policy. It is from that office that decisions are In comparison, it is interesting to and Congressman GEPHARDT opposed made on which laws to enforce, and how vig- note that the Beck decision is the law that decision. At that time, I think orously; what discretion ought to be exer- of the land. Mel Carnahan, who was also an elected cised, and in which direction; how law-en- Attorney General Reno and the Clin- official in the State of Missouri, op- forcement resources should be deployed, and ton Administration did not enforce posed that decision. Yet some people with what emphases. Bland reassurances that decision. Also, the law of the land are trying to make that a reason to op- that Ashcroft would ‘‘enforce the law fairly’’ on campaign finance says it is unlawful pose John Ashcroft. aren’t much help. to solicit or receive funds on Federal John Ashcroft has had about three To take a simple example, what does it property. She did not enforce that stat- decades of public life. His record has mean to enforce America’s drug laws ‘‘fair- ly’’? Does it mean locking up anybody ute in spite of the fact that her own been scrutinized to the nth degree. caught with illegal drugs, as the law per- people in the Justice Department said: People are almost making up things to mits? Does it mean focusing resources on You need to appoint a special counsel. try to oppose his nomination. I think it major traffickers, as the law also permits? She did not do it. Although it was the is unwarranted. It is unfounded. A lot Does it mean shifting resources from en- law of the land, she did not enforce it. of it is below the belt and is beneath forcement to treatment—or the other way Some of us are troubled by that. Maybe the dignity of the Senate. People have around? Does it mean confiscating more and I wish I had my vote back. a right to oppose a nomination. If they more assets of people found in violation of If people want to vote against John want to oppose somebody, they can the drug laws? The law allows all these things—allows as well the disparate sen- Ashcroft, they can vote against him, vote no, but they should not tencing for powdered and ‘‘crack’’ cocaine but to make these character assassina- mischaracterize his record. I think and the well-documented racial disparity tions is totally unfair. It certainly is what has happened repeatedly is be- that results from it. not what happened 8 years ago. neath the dignity of the Senate, below To promise to enforce the law without Let me touch on a couple other the civility of the Senate. talking about which policies would be em- things. I have heard he should not be I urge people to be cautious when phasized or changed is to say nothing at all. confirmed because he was opposed to they make personal attacks against Absent a president with strong feelings on Judge White. Well, I voted against other individuals, and especially the matter, law-enforcement policy is large- ly left to attorneys general to decide. Some Judge White, and I would vote against against a former colleague. Again, have gone against discrimination, some him again. Why? I have been in the many of us in this body have had the against organized crime, some against mo- Senate for 20 years almost as long as privilege to know John Ashcroft. We nopolies and trusts. Some have followed pub- Senator LEAHY, the ranking minority know him. We know him well. I know lic sentiment, and some have gone their own

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1223 way. Most of the time, it hasn’t mattered masterpiece. His handlers have created a ge- Ashcroft misrepresented his record. Ronnie much. So why do so many non-conservatives nial healer; his haberdashery is impeccable White is black. Ashcroft, his allies insist, is believe it will matter so much this time? and so are his manners. Five young men with no racist. Did he slander Ronnie White for The answer is in Ashcroft’s record of advo- black suits and stern expressions sit a row crass politics—an effort to make the death cacy. He has fought with extraordinary vigor behind him and hand over notes when things sentence an issue in his campaign against for positions that are well outside the Amer- get dicey. Carnahan? The paragon in the witness chair ican mainstream—on gun control, on abor- This graduate of Yale and Harvard Law is would not do anything like that. Malice is a tion, on juvenile justice, on the death pen- pretty sophisticated about most things, but singularly unattractive trait in an attorney alty. I don’t mean to deny that his position not about hot potatoes like Bob Jones U. and general. on all these issues might be shared by a sig- Southern Partisan magazine, a publication nificant minority. I say only that his views to which he confided his misty-eyed appre- [From the Washington Post, Jan. 18, 2001] are unusually conservative. He is, I think it ciation for the Confederacy, and one that has THE ASHCROFT DOUBLE STANDARD fair to say, an ideologue. And when you take a profitable sideline in T-shirts celebrating (By Richard Cohen) someone who has been advocating views that the assassination of Lincoln. Wouldn’t you are well away from the political center and A review of the record, a reading of the rel- know Lincoln is Ashcroft’s favorite political evant transcripts and some telephone inter- put him in charge of law-enforcement policy, figure? He was shocked, shocked to learn it’s not enough to say he’ll ‘‘enforce the views with people in the know lead me to about Southern Partisan’s excesses. conclude that if John Ashcroft were a Demo- law.’’ Ashcroft the nominee was engulfed in lov- Ashcroft signaled his own understanding of crat, he would oppose his own nomination as ing friends, colleagues and family with a attorney general. For once, he would be this point when he was asked whether he heavy sprinkling of blacks and women who would try to undermine the 1973 Roe v. Wade right. were so conspicuous in the protest groups The Ashcroft of the Senate Judiciary Com- decision on abortion. He said that for the so- outside. This John Ashcroft wouldn’t dream licitor general (who ranks under the attor- mittee hearings is a package of hypocrisy. of turning down a president’s choice for the His message is that his ideology, hard right ney general) to petition the Supreme Court Cabinet just because there were differences to have another look at Roe would under- and intolerant, ought to be beside the point. of opinion. He’s tolerant almost to a fault, What is supposed to matter is his determina- mine the Justice Department’s standing be- and his opening statement could have been fore the court. tion to uphold the law, even the laws he be- the bid of an aspirant to the chairmanship of lieves are in contradiction to what God him- He was, as I read his response, saying he the ACLU, not top gun for George W. Bush’s could make the attempt, though it might be self intends. This is what Sen. Patrick Leahy legal team. (D–Vt.) calls the ‘‘Ashcroft standard.’’ It is impolitic to do so at this time. Opening day theatrics went like clock- Is it unfair to oppose Ashcroft, an experi- utter nonsense. work. Sen. Jean Carnahan (D–Mo.), the enced lawyer, out of fear that his personal Take, for instance, the way Ashcroft han- widow of Ashcroft’s opponent, Gov. Mel and religious views would influence his role dled the nomination of James C. Hormel as Carnahan, brought her poignant dignity to a as attorney general? ambassador to Luxembourg. Hormel was a As Sen. Patrick Leahy (D–Vt.) reminded us cameo appearance as a presenter of the man of some accomplishment as, in fact, the other day, it is a question Ashcroft him- nominee. Her words were notably chilly. She Ashcroft had firsthand reason to know. Back self has answered. When Bill Lann Lee was urged her colleagues to be fair, but it made in 1964, Hormel was a dean at the University named by President Clinton to head the Jus- a nice picture. of Chicago Law School when Ashcroft was a tice Department’s civil rights division, Committee Republicans came through with student there. Nonetheless, Hormel was gay Ashcroft fought to deny him the job. econiums to the nominee’s character and in- and not particularly shy about it, either. For He had no doubt concerning the nominee’s tegrity. Sen. Charles Grassley (R–Iowa) fer- that reason—and that reason only—Ashcroft professional ability, Ashcroft said at the vently praised Ashcroft as someone ‘‘who al- opposed the nomination. time, but Lee’s beliefs (on affirmative ac- ways does right by the family farmer.’’ Even This episode tells you quite a bit about tion) ‘‘limit his capacity to have the bal- Ashcroft’s 2-year-old red-headed grandson, Ashcroft. By any measure, Hormel was cer- anced view of making judgments that will be Jimmy, performed perfectly. He came onto tainly qualified to be ambassador to this dot necessary for the person who runs the divi- the scene wailing, but his grandfather cheer- of a European country. As mentioned, he had sion.’’ fully introduced him and he fell miracu- been the dean of a prestigious law school, Why can’t the same assessment apply to lously quiet. had become a well-known San Francisco the person who will run the whole depart- On Day Two, a little celebrity caucus was civic leader and philanthropist and had been ment? brought on just before the lunch break. Sen. endorsed by, among others, the Episcopal Susan Collins (R–Maine) gushed about bishop of California, the Right Rev. William [From the Washington Post, Jan. 18, 2001] Ashcroft. So did former senator John Dan- Swing, and the former everything (secretary CIVIL RIGHTS ’R US forth (R–Mo.), the patron of Clarence Thom- of state, etc.), George Shultz. (By Mary McGrory) as, Bush I’s land mine Supreme Court ap- Ashcroft was unmoved. Along with Trent pointment. Like father, like son: Thomas Obviously, it’s a case of mistaken identity. Lott, he considered homosexuality a sin and, That man sitting before the Senate Judici- was supposed to flatten all objections be- as with racists, polygamists, misogynists ary Committee is no kooky right-winger. cause he is black; for Bush II, Ashcroft’s club and you-name-its, he could cite this or that He’s not anti-black, anti-Catholic, or membership is expected to stifle resistance. passage of the Bible to support his intoler- antisemitic, as holding an honorary degree There were moments of discord and dis- ance. Whatever the reason, he would not from Bob Jones University might suggest. belief, but these were treated like caterer’s even meet with Hormel. He would not take He is against abortion, he admits it, but he’ll mistakes at a splashy wedding. Sen. Edward his phone calls. observe Roe v. Wade. He’s a man of law. M. Kennedy (D–Mass.) challenged Ashcroft’s Ashcroft explained his vote against Hormel Segregation? He’s against it. Never mind record on school desegregation and voter in committee as one based on the fear that that he fought integration when he was at- registration. In Missouri, Ashcroft had re- Hormel was ‘‘promoting a lifestyle’’ and torney general and governor of Missouri. sisted a voluntary desegregation plan and ve- what, when you come to think of it, this He’s a little sentimental about the Confed- toed a registration expansion scheme. To an- might mean to embattled Luxembourg. And eracy, yes, but if he had been alive at the swer Kennedy, Ashcroft read his veto mes- then he said this: ‘‘People who are nomi- time of the Civil War, he would have fought sages. nated to represent this country have to be for the Union. Don’t call him a partisan Re- If the hearings resume next week, Ashcroft evaluated for whether they represent the publican, please. When he’s looking for the can expect a kinder, gentler hand on the country well and fairly.’’ name of an illustrious predecessor at Jus- gavel in the person of Sen. Orrin Hatch (R– There you have it: The Perry Mason Mo- tice, Robert Kennedy leaps into his mind. Utah). Sen. Pat Leahy, Democrat of ment in which Ashcroft blurts out the reason Harry Truman leads his list of prominent Vermont, was temporary chairman but turns he is not suited to be attorney general. His Missourians. into a pumpkin when W. takes the oath. qualifications, as with Hormel’s, are beside This is an erstwhile club member who There’s only one thing wrong with the the point. It’s what he advocates that mat- thanks senators for mean questions and Ashcroft picture, the figure of Judge Ronnie ters—whether, as he would put it, he rep- humbly praises their candor when they blast White, the Missouri Supreme Court judge resents the country well and fairly. his record. who was deprived of a seat on the federal It’s Ashcroft’s extreme views on abortion— Sen. Arlen Specter (R–Pa.) noted his sense bench by the persecution of Ashcroft, who not late-term or mid-term, but what you of humor and pointed out how handy it got every Republican in the Senate to vote might call pre-term. (He would ban so-called would be when the witness was discussing against his nomination. Ashcroft found morning-after pills.) It’s his approach to gun ‘‘the death penalty and other weighty mat- White insufficiently enthusiastic about the control, his reactionary approach to civil ters’’ at the Justice Department. death penalty. rights legislation, his opposition to life- The makeover of John Ashcroft, a cranky By all accounts, Ronnie White is a distin- saving needle exchange programs or his in- extremist, for his confirmation hearings is a guished member of the State Supreme Court. sistence that drug treatment programs are a

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1224 CONGRESSIONAL RECORD—SENATE February 1, 2001 sheer waste of money since junkies can—to Now, Senator, I am reading this sentence enforcement organizations wrote to us quote an old Nat King Cole tune—simply again, where you say we’ve all got to stand and said they were distressed that he ‘‘Straighten Up and Fly Right.’’ Only experi- up or else we’ll be taught that Davis, Lee, was not confirmed on the basis that ence teaches otherwise. and Jackson were subscribing their ‘‘sacred somehow he might be pro-criminal. It might be one thing if George W. Bush fortunes’’ to some ‘‘perverted’’ agenda. That had won a mandate for such policies. But he sounds a lot like what Davis said in his first The record showed that he voted with did not even win the popular vote. In no way Confederate inaugural address when he said appointees by then-Governor Ashcroft did the country register its support or even the North ‘‘would pervert that most sacred something like 95 or 96 percent of the tacit approval of the ‘‘soft bigotry’’ that of all trusts.’’ time in death penalty cases. Ashcroft represents. It does not matter that Senator, since we know that that sacred Mr. NICKLES. Will the Senator he says he will administer laws he doesn’t trust was slavery, what is it that you are yield? particularly like; it matters only that he is trying to say? Does that mean you will not Mr. LEAHY. Of course. unsuited by rhetoric, ideology and political investigate charges of black voter fraud in Mr. NICKLES. Just for a point of conduct to lead our criminal justice system. Florida? clarification, is the Senator referring If confirmed, Ashcroft would be instru- Senator, let’s move on to Lee. You say to- mental in picking the next generation of fed- day’s history books ‘‘make no mention of to the Fraternal Order of Police send- eral judges. Bush has already declared him- Lee’s military genius!’’ Why is that so im- ing a letter in support of Judge White? self a committed delegator who will CEO the portant to you when the same Lee called Mr. LEAHY. Yes. federal government from the Oval Office. (He Mexicans ‘‘idle worthless and vicious’’? Why Mr. NICKLES. Wasn’t that letter has a Harvard MBA, don’t forget.) If that’s do you praise a man who said as he sent after Judge White was defeated? the case—and a man who was among the last exterminated Indians: ‘‘The whole race is ex- Mr. LEAHY. Indeed, it was. to know his vice presidential nominee had tremely uninteresting . . . they are not Mr. President, I ask unanimous con- suffered a heart attack clearly delegates to a worth it.’’ Where can we find Lee’s genius in sent to print additional editorials and fare-thee-well—then the job of picking fed- saying that killing Indians was ‘‘the only material regarding the nomination in eral judges will be left to Ashcroft. The fed- corrective they understand and the only way eral bench is going to look like the faculty the RECORD. in which they can be taught to keep within There being no objection, the mate- lounge at Bob Jones University. their own limits’’? John Ashcroft must be laughing to him- Why is Lee so good when he justified the rial was ordered to be printed in the self. He knows that if the shoe were on the ripping of black people out of Africa to en- RECORD, as follows: other foot, he would never confirm an attor- slave them by saying, ‘‘The blacks are im- [From Newsday] ney general who had views so antiethical to measurably better off here than in Africa, ASHCROFT’S RIGHTS DO NOT INCLUDE BEING his own. Maybe he’d find something in the morally, socially, and physically. The pain- AG Bible or, as he did with the judicial nomina- ful discipline they are undergoing is nec- (By Clarence Page) tion of Ronnie White, distort the record, but essary for their instruction as a race’’? Now that George W. Bush has nominated he would be true to his beliefs. His opponents Why does Lee need to be revered when his Sen. John Ashcroft (R–Mo.) to be attorney should be true to theirs. troops, like other Confederate divisions, general, it would not be inappropriate for hated free black people so much that they [From the Chicago Tribune, Jan. 16, 2001] Ashcroft’s fellow senators to treat him as sometimes massacred defeated black Union fairly as he treated Judge Ronnie White. THE CONFEDERACY’S FAVORITE CABINET soldiers even though they had thrown down In other words, will they tar him as an ex- NOMINEE their arms in surrender? tremist? Will they roast him, not for his per- (By Derrick Z. Jackson) Senator, may I read you a passage from sonal qualifications, which is what confirma- If the Senate Judiciary Committee the new book, ‘‘The Making of Robert E. tion hearings are supposed to be about, but straightens its backbone rather than slap Lee,’’ by Michael Fellman? A Confederate for his personal beliefs? Will they paint him the back of attorney general nominee John major wrote in 1864 after one battle, ‘‘such as an extremist and distort his record with- Ashcroft, we may get to see why his halluci- slaughter I have not witnessed upon any bat- out giving him an opportunity to respond? nations about Bull Run will make him a bull tlefield anywhere. That was how Ashcroft handled President in the china closet of civil rights. ‘‘Their men were principally Negroes and Any serious line of questioning should we shot them down until we got near enough Bill Clinton’s nomination of Judge Ronnie start like this: and then run them through with the bayonet White to the federal bench in 1999. Civil Sen. Ashcroft, you praised Southern Par- . . . We was not very particular whether we rights groups are particularly angry that tisan magazine for ‘‘defending’’ patriots like captured or killed them, the only thing we Ashcroft led the successful party-line fight Robert E. Lee, Stonewall Jackson, and Jef- did not like to be pestered burying the hea- to defeat White. Ashcroft painted White’s opinions as ‘‘the ferson Davis: ‘‘Traditionalists must do more. thens.’’ I’ve got to do more. We’ve all got to stand up Senator, why do you praise Lee when, after most anti-death-penalty judge on the Mis- and speak in this respect, or else we’ll be the Civil War, he actively resisted Recon- souri Supreme Court’’ and said that his taught that these people were giving their struction? Lee said white people are ‘‘inflexi- record was ‘‘outside the court’s main- lives, subscribing their sacred fortunes and bly opposed to any system of laws that stream.’’ Actually, whether you agree with their honor to some perverted agenda.’’ would place the political power of the coun- him or not, White can hardly be called ‘‘pro- Let’s explore what you meant by that. try in the hands of the Negro race.’’ He said criminal’’ or ‘‘outside the mainstream.’’ Senator, why are you, in the year 2001, black people lacked the ‘‘intelligence . . . Court records show that White voted to up- praising Davis, the president of the Confed- necessary to make them safe repositories of hold death sentences in 41 out of 59 capital eracy, who personally italicized the portions political power.’’ cases that came before him on the state su- of the Constitution that preserved slavery? Senator, thank you, but in light of your preme court. In most of the other cases, he Why do you laud a man who said white supe- reverence for such men, we’ll be asking voted with the majority of his fellow jus- riority over African-Americans was President-elect George W. Bush to appoint a tices, including those appointed by Ashcroft ‘‘stamped from the beginning, marked in de- less antebellum attorney general. As you when he was Missouri governor. cree and prophecy’’? leave, stop by the front desk. The clerk will In fact, three Ashcroft appointees voted to Why do you love a man whose vice presi- arrange for you to participate in a Civil War reverse the death penalty a greater number dent, Alexander Stephens, said the ‘‘corner- re-enactment in the slave state of your of times than White did. On the Senate floor, Ashcroft singled out stone’’ of the Confederacy ‘‘rests upon the choice. Please send us a photo of your experi- two of the only three death-penalty cases in great truth that the Negro is not equal to ence. We would love to see who you dressed which White was the sole dissenter. In one of the white man; that slavery, subordination, up as. We’re betting against Frederick Doug- them, White questioned whether the defend- to the superior race, is his natural and moral lass. condition’’? ant’s right to effective counsel had been vio- Why do you complain about Davis being Mr. LEAHY. Mr. President, I don’t lated. Whether you agree or not, you don’t maligned by historians when Davis tried to want to leave the impression in this have to be ‘‘pro-criminal’’ to value the rights rewrite history? He said on the floor of the Chamber that there is some kind of of the accused, especially in a death-penalty U.S. Senate in 1860 that ‘‘Negroes formed but unanimity of law enforcement in oppo- case. In the other, White questioned whether a small part of people of the southern sition to Judge Ronnie White. In fact, the lower court judge, Earl L. Blackwell of states.’’ a very substantial number in law en- Jefferson County was biased and should have For the record, in 1860 black people were 55 recused himself in a trial that began the percent of the population in Davis’ home forcement in Missouri wrote to us, morning after Blackwell issued a controver- state of Mississippi, 58 percent of South wrote to the Members of the Senate, sial campaign statement. Carolina, and between a third to a half of the and said they strongly supported Judge Blackwell, explaining in a press release people of most of the rest of the slave states. Ronnie White. One of the leading law why he had switched to the Republican

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1225 Party, said, ‘‘The truth is that I switched to Satcher is against a ban on late-term abor- procedural errors. But as my colleague An- the Republican Party, said, ‘‘The truth is tions. And in 1999, Ashcroft accepted an hon- thony Lewis pointed out last week, judges that I have noticed in recent years that the orary degree from Bob Jones University in appointed by Mr. Ashcroft when he was gov- Democrat Party places far too much empha- South Carolina, which at that time prohib- ernor of Missouri voted as often as Justice sis on representing minorities such as homo- ited interracial dating. White—in some cases, more often—to reverse sexuals, people who don’t want to work and Bush Cabinet selections such as moderate capital sentences. people with a skin that’s any color but African-American Colin Powell for secretary But the damage was done. Mr. Ashcroft’s white.’’ Again, the judge has the right to ex- of state don’t soften the hard-line insen- unscrupulous, mean-spirited attack suc- press his views, but you don’t have to be an sitivity Ashcroft presents. He is not a leader ceeded in derailing the nomination of a fine extremist to understand why White, the first who brings people together. judge. The confirmation of Justice White African American to sit on the Missouri Su- Those who share Ashcroft’s religious con- was defeated by Republicans in a party-line preme Court, might question that judge’s servatism are no doubt heartened by the ex- vote. The Alliance for Justice, which mon- even-handedness. pectation that their points of view will be itors judicial selections, noted that it was When Sen. Orrin Hatch (R–Utah) asked well represented. But all Americans should the first time in almost half a century that White if he opposed the death penalty, White at least be comfortable that the next attor- the full Senate had voted down a district said, ‘‘Absolutely not.’’ But White did not ney general will be fair-minded and even- court nominee. get a chance to rebut Ashcroft’s charges be- handed as the nation’s chief law-enforcement The Times, in an editorial, said the Repub- cause Ashcroft did not raise them until officer. licans had reached ‘‘a new low’’ in the judi- months after White’s confirmation hearings. Before confirming him, the Senate should cial confirmation process. The headline on This tactic was characterized as ‘‘delay and expect a pledge from Ashcroft that he will the editorial was ‘‘A Sad Judicial Mugging.’’ ambush’’ by Elliot Mincberg, vice president enforce the laws of the land as they exist, So much for the fair-minded Mr. Ashcroft. and legal director of People for the American not as he would like them to be. A Republican senator, who asked not to be Way, one of several liberal groups that op- The Missourian vigorously opposes abor- identified, told me this week that he could pose Ashcroft’s confirmation. tion rights under virtually all cir- not justify Mr. Ashcroft’s treatment of Ron- To charge that Ashcroft is a bigot, as some cumstances. So would he fully enforce laws nie White, but that it would be wrong to sug- have done, misses the point. He has a right safeguarding clinics? gest that the attack on his nomination was to express strong views without being called racially motivated. names. He has a right to oppose affirmative [From the New York Times, Jan. 4, 2001] That may or may not be so. It would be action and gay rights, as he has done in the FAIRNESS FOR WHOM? easier to believe if Mr. Ashcroft did not have past with other nominations. He has a right (By Bob Herbert) such a dismal record on matters related to race. As Missouri’s attorney general he was to favor a ‘‘right to life’’ until someone has We keep hearing that George W. Bush’s opposed to even a voluntary plan to deseg- been sentenced to death. choice for attorney general, John Ashcroft, But he does not have a right to be attorney regate schools in metropolitan St. Louis. is a man of honor, a stalwart when it comes general. Therefore, it is not surprising that Just last year he accepted an honorary de- to matters of principle and integrity. Former the four pillars of the liberal establish- gree from Bob Jones University, school that Senate colleagues are frequently quoted as ment—civil rights, abortion rights, orga- is notorious for its racial and religious intol- saying that while they disagree with his nized labor and environmental protection— erance. And a couple of years ago, Mr. ultra-conservative political views, they con- have begun to rally their opposition to his Ashcroft gave a friendly interview to South- sider him to be a trustworthy, fair-minded confirmation. ern Partisan magazine, praising it for help- individual. Why, they ask, should this country have an ing to ‘‘set the record straight’’ about issues Spare me. The allegedly upright Mr. attorney general who opposes sensitive laws related to the Civil War. Ashcroft revealed himself as a shameless and that he is supposed to enforce? Ashcroft will Southern Partisan just happens to be a deliberately destructive liar in 1999 when, as have a chance to answer that question in his rabid neo-Confederate publication that rit- the junior senator from Missouri, he confirmation hearings. The Senate will let ually denounces Abraham Lincoln, Martin launched a malacious attack against a genu- him offer his side of the story. That’s more Luther King Jr. and other champions of free- inely honorable man, Ronnie White, who had than Ashcroft gave Ronnie White. dom and tolerance in America. been nominated by the president to a federal This is the man George W. Bush has care- [From the Des Moines Register, Jan. 5, 2001] district court seat. fully chosen to be the highest law enforce- Justice White was a distinguished jurist ment officer in the nation. That silence that UNEASY WITH ASHCROFT and the first black member of the Missouri Will he enforce the laws even-handedly—even you hear is the sound of black Americans not Supreme Court. Mr. Ashcroft, a right-wing celebrating. those he disagrees with? zealot with a fondness for the old Confed- The record of Senator John Ashcroft in- eracy, could not abide his elevation to the [From Time Magazine, Jan. 2, 2001] spires no confidence that he’ll enforce the federal bench. But there were no legitimate THE WRONG CHOICE FOR JUSTICE laws of the land impartially as attorney gen- reasons to oppose Justice White’s confirma- eral of the United States. tion by the Senate. So Mr. Ashcroft reached (By Jack E. White) The Missourian, who lost his re-election into the gutter and scooped up a few hand- What was president-elect George W. Bush bid to the Senate this fall, vigorously op- fuls of calumny to throw at the nominee. thinking when he selected John Ashcroft as poses abortion rights under virtually all cir- He declared that Justice White was soft on his nominee for Attorney General? That cumstances. So would he fully enforce fed- crime. Worse, he was ‘‘pro-criminal.’’ The since he was designating three superbly eral laws safeguarding abortion clinics from judge’s record, according to Mr. Ashcroft, qualified African Americans for high-level violence and harassment? Will he actively showed ‘‘a tremendous bent toward criminal positions—Secretary of State Colin Powell, protect the legal right of women to choose activity.’’ As for the death penalty, that all- National Security Adviser Condoleezza Rice even though he personally thinks women important criminal justice barometer—well, and Secretary of Education Rod Paige— should not have that right? in Mr. Ashcroft’s view, the nominee was be- blacks would somehow overlook Ashcroft’s Ashcroft is President-elect George W. yond the pale. He said that Ronnie White horrendous record on race? Or that it was Bush’s nominee to be the next attorney gen- was the most anti-death-penalty judge on compassionately conservative for Bush to eral. As head of the Justice Department, he the State Supreme Court. hire a man who had just lost re-election as would be in charge of overseeing the FBI, en- Listen closely: None of this was true. But Missouri’s junior U.S. Senator to a dead forcing antitrust laws, litigating on the gov- by the time Mr. Ashcroft finished painting man? (Governor Mel Carnahan, who died in a ernment’s behalf and enforcing the civil his false portrait of Justice White, his repub- plane crash during the campaign, won the rights of citizens, among other things. lican colleagues had fallen into line and were seat, and his widow is serving in his place.) How interested in assuring civil rights is distributing a memo that described the It certainly couldn’t have been that appoint- Ashcroft? He’s been criticized for his opposi- nominee as ‘‘notorious among law enforce- ing Ashcroft would enhance Bush’s image as tion to the elevation of Missouri Supreme ment officers in his home state of Missouri a uniter, not a divider. Ashcroft’s positions Court Judge Ronnie White, an African-Amer- for his decisions favoring murderers, rapists, on civil rights issues are about as sensitive ican, to the federal bench. Ashcroft called drug dealers and other heinous criminals.’’ as a hammer blow to the head. White ‘‘pro-criminal,’’ even though White This was a sick episode. Justice White was It’s puzzling, because the nomination of an had voted to uphold the death penalty in 41 no friend of criminals. And a look at the extremist like Ashcroft is so needlessly out of 59 cases—said to be about the same share record would have shown that even when it of synch with the rest of Bush’s utterly re- as that of the judges whom Ashcroft ap- came to the death penalty he voted to up- spectable Cabinet choices. He could have sat- pointed when he was governor. Consider that hold capital sentences in 70 percent of the isfied the right by selecting Oklahoma Gov- along with Ashcroft’s failed fight to keep cases that came before him. There were ernor Frank Keating, who is as tough on David Satcher, a respected black physician, times when he voted (mostly with the major- crime as Ashcroft, yet far less controversial. from becoming surgeon general because ity) to reverse capital sentences because of But as we are about to find out, Ashcroft

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1226 CONGRESSIONAL RECORD—SENATE February 1, 2001 won’t be confirmed without a fight. The enforcement. The concern has been ex- like the word ‘‘ambush’’ applied to angriest coalition of liberal, civil rights and pressed and was expressed at the hear- Judge White. feminist organizations Washington has seen ing for Judge White, concern that To clarify again a couple of things since the 1987 battle over Supreme Court that happened, the reason why this nominee Robert Bork is lining up to oppose prompted an apology from some Repub- him. The opposition’s leaders concede that licans who had voted against Judge Senator voted against him—and I as a former member of the club, Ashcroft White, regarding the way he was basi- would guess the reason why the major- would normally sail through the Senate. But cally ambushed—that is the expression ity of Republicans voted against him— since Ashcroft has been on the wrong side of that has been used—on the Senate was because we received a letter from every social issue from affirmative action to floor. We have never had a case where the National Sheriffs’ Association that hate-crimes legislation and women’s rights, a judicial nomination has been voted said: Vote against Judge White. They there may be a chance to peel off enough out of the Judiciary Committee, had good reasons expressed in that let- moderate Republicans to make him the first ter. In this principal case that we are Cabinet appointee to be bounced since 1989, brought to the Senate floor, and then when John Tower lost his chance to be Sec- defeated—in this case, on a party-line talking about, three deputy sheriffs retary of Defense for President Bush the vote. were murdered, and the wife of a sheriff Elder. What happened and what has created was murdered, and Judge White was Pushing Ashcroft through will cost the a great deal of concern is that here is the sole judge saying: Let’s retry it; younger Bush considerable political capital, a person who came from very humble let’s have a new hearing. The Missouri and might be only the start of his headaches. beginnings, worked his way through law enforcement community was very As a leading G.O.P. strategist puts it, ‘‘The law school, was considered a highly re- opposed to that. risk will be that about every six months, In addition to that, several Chiefs of [Ashcroft] will do something that he thinks spected member of the bar in Missouri, is clever or politically interesting, and they became a justice of the Supreme Court Police contacted us and suggested we will open their papers at the White House of Missouri, and then, sort of at the vote no, and to review this dissent. We and say, ‘‘What the hell is he doing?’’ Cer- pinnacle of his legal career, was nomi- also heard from prosecutors about this tainly there is plenty in Ashcroft’s record to nated to be a Federal district judge. He case and other cases who said vote no unsettle fair-minded conservatives—and to went through the hearings in the Judi- on Judge White. raise questions about the sincerity of Bush’s The Missouri Fraternal Order of Po- ciary Committee, was voted out by the attempts to reach out to blacks. As the St. lice sent us a letter in support of Judge Judiciary Committee by a lopsided Louis Post-Dispatch noted in an editorial in White, but they sent that letter after margin. It comes to the floor and then, December, Ashcroft ‘‘has built a career out the vote. of opposing school desegregation in St. Louis in a party-line vote, is defeated. Why did we have the vote at that and opposing African Americans for public As my friend from Oklahoma men- time? Our colleagues on the Democrat office.’’ tioned, the Missouri State Lodge of the side were clamoring for a vote. Why did When he served as Missouri’s attorney gen- Fraternal Order of Police indicated eral in the 1980s, Ashcroft persuaded the people vote for Judge White in com- that on behalf of 4,500 law enforcement Reagan Administration to oppose school-de- mittee and then vote against him on segregation plans in St. Louis, then used the officers they viewed Justice White’s the floor? The letters of law enforce- issue to win the governorship in 1984. Since record as a jurist as one whose record ment did not come up until after he his election to the Senate in 1994. Ashcroft on the death penalty was far more sup- was approved by the Judiciary Com- has consistently appealed to the right wing portive of the rights of victims than of mittee. I will grant my colleague from of his party, even when his approach risked the rights of criminals. The president appearing racist. He fought unsuccessfully Vermont that later there were other of the Missouri police chiefs associa- letters from law enforcement. against the confirmation of David Satcher, a tion described Justice White as an up- distinguished black physician, as surgeon The letter from the National Sher- general, because Satcher proposes a ban on right, fine individual. They had a hard iffs’ Association was not before the Ju- late-term abortions. In 1998 Ashcroft told the time seeing that he was against law en- diciary Committee. I wish they would neo-segregationist magazine Southern Par- forcement and never thought of him as have written it before the Judiciary tisan that Confederate war heroes were ‘‘pa- pro-criminal. Committee had voted, but they did it triots.’’ In 1999 he accepted an honorary de- One can debate a judge’s position. afterwards when it was the pending gree from South Carolina’s Bob Jones Uni- Basically, as I said, he voted on death nomination before the floor of the Sen- versity, which hadn’t yet dropped its ridicu- penalty cases 95 percent of the time ate. lous ban on interracial dating. with justices appointed by then-Gov- Most disturbing of all, as Ashcroft was One other clarification I wish to re- gearing up a short-lived campaign for the ernor Ashcroft. What bothered me and peat is that I am just very troubled by White House last year, he verbally attacked bothered a lot of Senators—and both- the allegation that he was opposed be- Missouri Supreme Court Justice Ronnie ered Republican Senators who publicly cause of his race because most people White, an African American whom Bill Clin- then apologized to Judge White—was did not know what his race was. I sat ton has appointed to the federal bench, for the fact that he was basically am- through a meeting where these letters supposedly being ‘‘pro-criminal’’ and soft on bushed on the Senate floor. by law enforcement were discussed, and capital punishment. The charge was outright There was testimony before our Judi- Judge White’s race was never men- slander. White had voted to uphold the death ciary Committee that it was not his sentence in 41 of the 59 cases that came be- tioned. I know that to be the case. I sat fore him, roughly the same proportion as vote on one particular case but, rather, in that meeting. That wasn’t an issue. Ashcroft’s court appointees when he was the fact that he was made a political It didn’t come up. Governor. No wonder Gordon Baum, leader of pawn in a Senate race. That is wrong. What came up was law enforcement white supremacist Council of Conservative We should keep the judiciary out of opposition and at that time the only Citizens, in 1999 included Ashcroft along with politics. He was dragged in and his rep- law enforcement letters we saw were in Pat Buchanan in the circle of politicians utation was unnecessarily besmirched. opposition. If we had the letter from he’d like to see in the White House. His career was damaged. All he had the FOP saying confirm him, maybe Does Baum know something Bush doesn’t? worked for all of his life was for that would have made a difference, and Can Ashcroft be trusted to oversee the inves- tigation of alleged voting-rights abuses in naught, and it was done for political probably would have. Maybe if the Florida, which many blacks believe purposes. sheriffs’ organizations would have got- disenfranchised them and delivered the pres- That is what most people objected to. ten their letter out before the Judici- idency unfairly to Bush? This is one nomina- That was certainly what the letters in- ary Committee vote, it might have tion that, pardon the pun, should be con- dicated that I have received—including made a big difference in the Judiciary signed to the Ashcroft of history. concern expressed by people who told Committee. Timing is important. But Mr. LEAHY. The point is, the Fra- me, first and foremost, they voted for it is important to remember that the ternal Order of Police were dismayed then-Governor Bush to become Presi- reason why we had the vote on the that he was defeated on the basis that dent Bush but felt that this was wrong. floor at that time, I believe, was be- he might be anti-law enforcement. Mr. NICKLES. Mr. President, just to cause our colleagues on the Democrat They pointed out that he was pro-law give a little different flavor, I don’t side were clamoring for a vote.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1227 I don’t like the word ‘‘ambush.’’ misses an important point. It is not of President Clinton’s nominees—his Maybe that vote should have been de- that we reflexively defer to our former choice to head the Justice Depart- layed so we could have had a little colleagues. It is instead that we as ment’s Civil Rights Division—because I more discussion of why these law en- human beings find it tremendously dif- feared that her writings and speeches forcement groups were against him. ficult to pass judgment on those we demonstrated an ideological vision of Maybe some might have been for him have worked with and know well. And what the voting rights laws should be given more time to enter into that de- it is because I have known Senator that was so far from what they had bate. But that didn’t happen, and I Ashcroft for so long that I find the con- been that I was reluctant to put her in wasn’t involved in scheduling the vote. clusion I have reached—which is to op- charge of enforcing those laws, regard- But my point is I didn’t feel as pose his nomination—so awkward and less of whether or not she had pledged though he was ambushed. I do say what uncomfortable. But that is where my to abide by the law as it existed. was unique was that during my 20 review of the record regarding this In 1999, just last year, I concluded years in the Congress, this is the only nomination and my understanding of that a nominee to the Federal Election time I can remember national law en- the Senate’s responsibility under the Commission held views on the nation’s forcement agencies coming up and say- advice and consent clause lead me. campaign finance laws that were so in- ing vote against this person, which is Throughout my tenure in the Senate, consistent with the FEC’s mission that what they did in contacting Members I have voted on hundreds of Presi- I could not in good conscience vote to of the Senate. I think that is the rea- dential nominees. In each case, I have place him in a position of authority son Judge White went down. adhered to a broadly deferential stand- over that agency. And just this week I Be that as it may, there are lots of ard of review. As I explained in my reached a similar conclusion with re- other issues dealing with John first speech on the Senate floor—in spect to President Bush’s nominee to Ashcroft. which I offered my reasons for opposing lead the Interior Department. Again, I think John Ashcroft is one the nomination of John Tower to serve In short, although I believe that the outstanding individual who is more as Defense Secretary—the history of Constitution casts the Senate’s advice than qualified to be Attorney General the debates at the Constitution Con- role as a limited one and counsels Sen- of the United States. And I am abso- vention make clear that the President ators to be cautious in withholding lutely confident that when he is con- is entitled to the benefit of the doubt their consent, I nevertheless have op- firmed, we will look back and say he is in his appointments. The question, I posed nominees where their policy po- an outstanding Attorney General for concluded, I should ask myself in con- sitions, statements, or actions made the United States of America. sidering nominees is not whether I me question whether they would be I yield the floor. would have chosen the nominee, but able to administer the agency they had The PRESIDING OFFICER. The Sen- rather whether the President’s choice been nominated to head in a credible ator from Vermont. is acceptable for the job in question. and adequate manner. Regretfully, I Mr. LEAHY. Mr. President, just so That does not mean that the Senate conclude that such a determination is the RECORD is straight on law enforce- should serve merely as a rubber stamp. again warranted on this critically im- ment officers, it is interesting that Were that the case, the Framers would portant nomination—because of the there was no contact of anybody on have given the Senate no role in the record of the nominee and because of this side. Senator Ashcroft said the appointments process. Instead, the the position for which he has been reason he stopped Judge White was be- Senate’s constitutional advice and con- nominated. cause of that urging of law enforce- sent mandate obliges it to serve as a The Justice Department occupies a ment groups. But then subsequently, check on the President’s appointment unique role in the structure of the Fed- press reports and then the reports by power. As I put it in my statement on eral Government. As its mission state- the law enforcement officials them- Senator Tower’s nomination, I believe ment declares, the Justice Department selves and Senator Ashcroft’s own tes- this requires Senators to consider sev- exists ‘‘to ensure fair and impartial ad- timony at his hearing contradicted eral things: First, the knowledge, expe- ministration of justice for all Ameri- that; that he had instigated and or- rience, and qualifications of the nomi- cans.’’ No other agency every day and chestrated the groups’ opposition to nee for the position; second, the nomi- every hour makes decisions about how Ronnie White. I am not suggesting nee’s judgment, as evidenced by his and on whom to bring to bear the force Ronnie White was defeated because he conduct and decisions, as well as his of the criminal and civil law, making was an African American, but it would personal behavior; and third, the nomi- countless decisions not only on whom be hard for anybody not to know he nee’s ethics, including current or prior to prosecute or sue, but also on how was insofar as that was mentioned at conflicts of interest. In unusual cir- harsh a sentence to seek and even on great length in the debate the day be- cumstances, Senators can also consider who—in the name of the people of the fore and the debate just before the vote fundamental and potentially irrecon- United States—should face death as by those who were on the floor debat- cilable policy differences between the punishment for their actions. No other ing it. nominee and the mission of the agency agency has such broad and sweeping I yield the floor. he or she is to serve. authority to take away our citizens’ The PRESIDING OFFICER. Under On a few occasions during my 12 life, liberty or property—an authority the previous order, the time until 10:45 years in the Senate, I have determined we as Americans accept because no a.m. shall be under the control of the that the views of certain nominees—on other agency has more consistently Senator from Connecticut, Mr. both ends of the political spectrum— sought to exemplify the rule of law and LIEBERMAN. He is so recognized. fell sufficiently outside the main- the abiding American aspiration of Mr. LIEBERMAN. I thank the Chair. stream to compel me to oppose their equal justice for all. No other official Mr. President, I have known John nominations. In each case, I had seri- of the United States government bears Ashcroft for almost 40 years, as a col- ous doubts about whether they could as great a responsibility as does the lege classmate, a fellow State attorney credibly carry out the duties of the of- Attorney General for protecting and general and a colleague in the Senate. fice to which they were nominated. In enforcing the rights of the vulnerable Throughout that time, our views on 1993, for example, I voted against Presi- and disenfranchised in our society. If important issues very often have di- dent Clinton’s nominee to head the Na- we are to sustain popular trust in the verged, but I have never had reason to tional Endowment for the Humanities law, which is so important for ‘‘domes- doubt his sincerity or his integrity. It because I believed that his active sup- tic tranquility,’’ it is absolutely crit- strikes me in this regard that the port of so-called college speech codes ical that the Department which is often-noted and sometimes derided no- cast doubt on his ability to administer charged with enforcing the law not tion that Senators judge their col- the NEH appropriately. That same only be administered according to law, leagues more leniently than outsiders year, I expressed opposition to another but also that the great majority of

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1228 CONGRESSIONAL RECORD—SENATE February 1, 2001 Americans have confidence in the fair- of church and state, but instead to vious order the time until 11 a.m. shall ness and integrity of its leadership. erect a barrier to public service by be under the control of the majority Unfortunately, Senator Ashcroft’s Americans of faith which is totally un- party. We have gone over by 10 min- past statements and actions have given acceptable. To consider the private re- utes, so the Senator is recognized for 10 understandable suspicions to many ligious practices of a nominee or a can- minutes. If the Senator’s remarks are citizens—particularly some of those didate for public office which are dif- 15 minutes in length, he can ask unani- whose rights are most at risk—that he ferent from most—whether Pentecostal mous consent for that time. will not lead the Department in a man- Christian, Orthodox Jewish, Shia Mus- The Senator from Alabama is recog- ner that will protect them. Others have lim, or any other faith—as a limitation nized. detailed his record so extensively that on that person’s capacity to hold that Mr. SHELBY. Mr. President, thank I need not do so again. Suffice it to say office is profoundly unfair. It is wrong. you for your courtesy. Nowhere in the first amendment or that on issues ranging from civil rights Over the past 8 years, I believe our anywhere else in the Constitution or in to privacy rights, Senator Ashcroft has Justice Department has floundered the jurisprudence surrounding them is repeatedly taken positions consider- dangerously, challenging our most there any suggestion that of all the ably outside of the mainstream of basic understanding of the rule of law values systems that those in public life American thinking. and starkly reminding us in America of When given the opportunity to con- are permitted to draw upon to inform their views and their actions, religion the awesome power of the Federal Gov- sider laws as Missouri’s Governor and ernment and the dangers that the exer- enforce them as Missouri’s attorney stands alone as being off limits. Let us remember that the Constitution and cise of that power can present to a free general, he took actions that today society such as ours. I believe public raise serious questions among many in the Bill of Rights were drafted by peo- ple of faith whose belief in the Creator confidence in our system of justice has this country about his commitment to been seriously damaged in the past 8 equal justice and opportunity. In was the direct source of the rights with which they endowed us and which we years and that our country has suffered speeches and articles, he has spoken as a consequence. and written words that have particu- enjoy to this day. To suggest that one I believe it is time to restore the pub- larly led many in the African-Amer- may justify his or her views on abor- lic trust, and I do not believe there is ican community to question his sensi- tion, environmental protection, or any a better qualified or more honorable tivity to their rights and concerns. other issue with reference to a system man to do that job than Senator John And, when acting on nominees in the of secular values, but not by drawing Ashcroft, our former colleague. Indeed, Senate—including Judge Ronnie White upon a tradition of religious beliefs, he is one of the most, if not the most, and Ambassador James Hormel—he has seems to me to be at odds not only experienced nominees for Attorney made statements that have raised sin- with the freedom of religion and ex- General we have ever had in our his- cere questions in the minds of many pression enshrined in the first amend- tory. He is one of the best educated, about whether he will make fair and ment, but also with the daily experi- most experienced nominees for Attor- appropriate decisions regarding groups ence of the vast majority of our fellow ney General I have seen in my 23 years of Americans that have frequently been citizens. The first amendment tells us in Washington. victimized by discrimination. that we may not impose our religion on The cumulative weight of these others. It most decidedly does not say What is most outstanding about Sen- words and deeds leaves me with suffi- that we may not ourselves use our reli- ator Ashcroft is not his resume, al- cient doubt about Senator Ashcroft’s gion to inform our public and private though we could go on and on and on ability to appropriately carry out—and statements and positions. about that. It is not his strong record be perceived as appropriately carrying It is Senator Ashcroft’s record, not of leadership as the attorney general of out—the manifold duties of Attorney his religion, that we should judge. I ad- his State of Missouri and his leadership General, so that I have decided not to mire Senator Ashcroft for his private as the Governor of the State of Mis- and public adherence to his faith, but support his nomination. souri. No, it is not his impressive legis- Before yielding the floor, I would like for the reasons stated above, based on lative accomplishments in the Senate. to comment on one more issue that has his record, I will vote against his con- I submit what is most outstanding come up during the consideration of firmation. about John Ashcroft is his character. It Mr. LEAHY. I ask unanimous con- this particular nomination: Senator is the strength of that character that sent that I be able to continue for 1 Ashcroft’s religious beliefs and his pub- makes him so well suited to be Attor- minute. ney General of the United States. His lic profession of his faith. During the The PRESIDING OFFICER. Without principles and his integrity underscore time since the President nominated objection, it is so ordered. Senator Ashcroft, many have argued— Mr. LEAHY. Mr. President, while the the kind of leadership the Justice De- too often privately—that Senator distinguished Senator from Con- partment so desperately needs and the Ashcroft’s deeply held beliefs and his necticut is on the floor, I appreciate American people so rightly deserve in religious practices somehow cast sus- the last part of his remarks. I will an Attorney General. picion on his ability to serve as Attor- speak more about it later today. John Ashcroft’s conscience and his ney General. I emphatically reject— I am concerned that there has some- conviction ensure rather than question and am confident my colleagues will how been this strawman put up as his commitment to enforce the laws of reject—any suggestion that Senator though there is a religious test. As I our land fairly and impartially. I do Ashcroft’s religious beliefs bear in any and others stated at the beginning of not believe even for a moment that manner at all on the consideration of these hearings and as I stated on the Senator Ashcroft’s most fierce oppo- his nomination. floor, one of the things I admire most nents truly believe he will not endeav- All across this nation, tens of mil- about Senator Ashcroft is his commit- or to enforce our laws faithfully. While lions of Americans of a multitude of ment to his family, his commitment to his conservatism threatens them, their faiths daily and weekly make profes- his religion. As practically everybody real fear, I believe, is that he will en- sions of faith privately and publically has pointed out, whether we are for or force the law without prejudice, that that elevate, order and give purpose to against him as Attorney General, these he will be uniform in his application. their lives. To suggest that all of us are two things we have admired the This is because their greatest ideal, I who believe with a steadfast faith in a most: his commitment to his family believe, is to use the Justice Depart- Supreme Being as the Universe’s ulti- and his commitment to his religion. ment as a tool to advance the political mate Sovereign have an obligation to There should be no doubt about that in and social agenda of America by selec- mute one of our faith’s central ele- the public’s mind. tively enforcing laws with which they ments if we wish to serve in govern- The PRESIDING OFFICER. The agree and ignoring those with which ment is not to advance the separation Chair recognizes that under the pre- they disagree.

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Like all of us who inflammatory but showed a funda- than creatively interpret them, twist have served in different roles through- mental disrespect for a man who had or contort them to match his personal out our lives, I know John fully under- lifted himself out of poverty, worked beliefs. stands his position in government. his entire life to become a justice on I am pleased to support the nomina- John will faithfully enforce our Na- the Missouri Supreme Court, and com- tion of John Ashcroft to be the Attor- tion’s laws without a hint of personal mitted his professional life to the fair ney General of the United States. I sin- bias or a hidden agenda. He will uphold administration of justice. cerely believe he will honor the office the rule of law for all Americans, en- It is not unfair for some Americans of Attorney General and he will restore forcing laws as they are enacted by the to question whether Senator Ashcroft integrity to the Justice Department. I Congress. At the end of the day and at can adequately represent their public look forward to his confirmation later the end of this debate, my vote will be interests given his history. today by the Senate and his future cast in favor of this nomination for one Some argue that Senator Ashcroft, in service to the United States of Amer- simple reason: John Ashcroft is a man fact, has given his word that he will ica. of his word. I have yet to hear anyone follow the law and enforce the law. The The PRESIDING OFFICER. The Sen- demonstrate in this debate that he is problem is that the realities of the Jus- ator from Alaska, Mr. MURKOWSKI. not. tice Department are that there are Mr. MURKOWSKI. Mr. President, I John has clearly stated numerous daily choices the Attorney General will trust the debate is moving along to- times that he will not allow his per- be required to make. He will be re- ward a successful vote here in the not sonal beliefs to interfere with his abil- quired to decide which laws will be vig- too distant future. ity to enforce the law. I believe him. orously enforced and which laws will be I rise today to emphatically support Throughout his long and successful ca- defended from attack. Senator Ashcroft has spoken very the nomination of John Ashcroft to be- reer, he has never, never given anyone eloquently about the reasons he pur- come the next Attorney General of the a reason to doubt his word. I thank sued certain cases while he was attor- United States. He has served our Na- John for his willingness to further ney general of Missouri and why he tion with distinction and with honor. I serve our Nation and his willingness to challenged certain laws and legisla- do not take lightly my senatorial du- withstand the numerous unjustified tion. Whether you agree or disagree ties to review the qualifications of any personal attacks that have been made with what Senator Ashcroft did as at- nominee for this office. The Attorney on him. My thanks will be expressed in General is the Nation’s highest law en- torney general of Missouri, you can my vote in favor of the nomination. I count on the fact that those same situ- forcement officer, and without the encourage my fellow Senators to do the ations can and will arise, in fact, dur- strong and faithful execution of the same. ing the term of the next Attorney Gen- laws we pass, representative democracy I yield the floor. eral of the United States. shall fail. Our laws become mere words. The PRESIDING OFFICER. Under The Attorney General will be re- It is with this understanding, and a the previous order, the time until 11:10 quired to make daily decisions, discre- high personal regard for the office, that a.m. shall be under the control of the tionary decisions, that are critical to I support John Ashcroft’s nomination. Senator from North Carolina, Mr. ED- the lives of very many Americans. It has become clear to me and others, WARDS. The Senator from North Caro- Again, it is not unfair for some Ameri- after following the unusually personal lina is recognized. cans to question whether Senator debate on this nomination, that no one Mr. EDWARDS. I thank the Chair. Ashcroft, even keeping his word, which can question John’s qualifications to Mr. President, the Nation is emerg- he has given us, will make decisions perform the duties of this job. In fact, ing from an extraordinarily close elec- that will adequately represent and pro- I believe one would be hard-pressed to tion that has left much of the country tect them given his prior statements find a more qualified, experienced feeling divided. It is a time when all of and actions. The question is whether nominee. John has served with distinc- us have an enormous responsibility to he will, in fact, be all the people’s law- tion, as has been noted and stated, as unite our country. In order to unite yer, as he has a responsibility to be. attorney general, as Governor, and as this country, we have to turn to lead- The post of the Attorney General is U.S. Senator in this body. Not once ers who inspire confidence and bring us very different from other Cabinet during his long and successful tenure together. In my judgment, with the posts. The Attorney General advises as a public servant has he ever failed to nomination of Senator Ashcroft, Presi- the President about the constitu- uphold an oath of office. dent Bush has fallen short of that goal. tionality of the legislation he is being Think about that. We have had some Why has he fallen short? Because in a asked to sign. He makes recommenda- experience in debating the merits of time when our country desperately tions to the President about judicial the oath of office and just what it needs a unifier, the President has nom- nominations. As I already discussed means. I think to all of us it is a very inated a man to be the chief law en- and as others have discussed, Senator sacred oath, a very meaningful oath, forcement officer of the country—the Ashcroft’s history does not support the and one that should be reflected on. people’s lawyer, the lawyer for all the notion that he will recommend can- John has never failed to uphold his people—who has a long record of divi- didates for nomination to the Federal oath of office in any capacity. I know sive and inflammatory rhetoric which bench solely on the basis of their quali- John Ashcroft does not plan on start- results in him being viewed as a polar- fications and abilities to serve. ing now. izing figure. It is critical to note that the Attor- Unfortunately, this nomination proc- There are some folks who argue that ney General is not the President’s law- ess has done a grave disservice to a his positions are just the result of very yer, he is the people’s lawyer. He rep- very decent and honorable man. We as deeply held beliefs. Some people be- resents our Nation before the U.S. Su- legislators often disagree on policy. I lieve his positions are extreme. In the preme Court. Senator Ashcroft once am sure I have disagreed with John on end, the one thing that is certain is called a U.S. Supreme Court decision some issues. But our actions as legisla- that he is, in the view of many Ameri- ‘‘illegitimate.’’ Again, such statements tors are guided by our own personal cans, a polarizing and divisive figure. show a fundamental disrespect for the convictions. We must vote our con- Senator Ashcroft opposed the nomi- rule of law which we believe is so crit- science and represent the people who nation of Ronnie White, a very well-re- ical in this country. When our U.S. Su- graced us with their votes. spected African American justice on preme Court speaks, whether we agree

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This is not the were active in the Democratic Party. doors and under the national radar man who, remarkably, in my opinion, Mom was in the State Democratic screen, outside the television cameras. can express himself without ever using Committee in that State and was coun- When so many Americans believe that profanity. ty chairman. She often wondered what when the doors are closed and the I hear him criticized for opposing happened to me, but I tried to explain lights and the cameras are off, Senator judges with no good reason, and yet in to her about it one time: When you see Ashcroft will not protect their inter- the case of Judge White he was opposed the outside world, maybe your philos- ests, our responsibility is to do what is by 77 sheriffs in the State. He was op- ophy changes just a little bit. best for the country. The people have posed by both Senators, and he was op- I have heard nothing but those who to believe that the Attorney General is posed and rejected by the Senate on an would have reservations about John the people’s lawyer and that he will up-or-down vote. Ashcroft enforcing the law. It would serve all Americans. In short, when I look at all of these seem to me, after two terms as attor- Some of Senator Ashcroft’s sup- criticisms, and when I weigh them ney general in the State of Missouri, porters suggest that the opposition to against the bottom line facts, there is two terms as Governor, and 6 years in him is about his religion and about his no basis for them at all. the U.S. Senate, it would surface some- faith. I want to make clear that I think I thank JON KYL and I thank JEFF where that he would not. SESSIONS for the excellent job they strong faith is an enormous asset in I thank Senator KYL and Senator have done in putting out the facts. any public servant. In fact, personal SESSIONS for the research they have A person who fits the ugly caricature touchstones of faith and morality are done. I have talked to some of the law that has been presented here in the critical to providing leadership and enforcement people in Missouri and Senate and around the country could have done some research in my own governance in this country. not be the John Ashcroft I know. I served with Senator Ashcroft in the A person who fit that ugly caricature home State of Montana. What I have Senate. I know him, and I absolutely could not have been elected Attorney found is that we couldn’t have chosen a believe his strong faith is deep and sin- General twice in the State of Missouri. better man to represent this country in cere. I applaud and, in many ways, A person fitting that caricature would the halls of the Attorney General. I share the strength of his religious con- not have been chosen by his fellow at- shall support him—and support him viction and his religious faith. It is cer- torneys general to be the president of wholeheartedly—because we have a tainly not because of his faith that I the National Association of Attorneys man of substance and of fiber. reach the decision I do today. In fact, General. A person who fit the ugly I thank my good friend from Texas it is in spite of it. caricature presented here could not for yielding some of his time. I also In conclusion, at a time when our Na- have been elected Governor of Missouri thank my good friend, Senator tion desperately needs unifying lead- twice, and would not and could not WELLSTONE from Minnesota, for yield- ers, Senator Ashcroft is the wrong man have been chosen by his 49 fellow Gov- ing some of his time he has reserved for the wrong job at the wrong time. So ernors to head the National Governors’ and allowing me to go at this time. I yield the floor. it is with deep regret that I will not be Association. able to support the nomination of Sen- I know George Bush. I have a pretty The PRESIDING OFFICER. Under ator Ashcroft. good idea what is in his mind and in his the previous order, the time until 11:45 I yield back the remainder of my heart. And a person who met this ugly shall be under the control of the Sen- time. caricature that we hear could not and ator from Minnesota, Mr. WELLSTONE. (Disturbance in the galleries.) would not have been nominated by The Senator from Minnesota is rec- The PRESIDING OFFICER (Mr. AL- George Bush. The plain truth is that ognized. Mr. WELLSTONE. Mr. President, I LARD). There will be order in the gal- John Ashcroft is probably the most have voted for any number of the leries. qualified person ever to be appointed President’s nominees to serve in our The Chair recognizes the Senator Attorney General. from Texas, Mr. GRAMM. I want to conclude with this thought. Cabinet, even though I am 100-percent Mr. GRAMM. Mr. President, I have to I am beginning to wonder if this was sure I am going to be in disagreement say that as I listen to this organized all an effort to smear and defeat John with them on some of the really major campaign against John Ashcroft, I Ashcroft or whether this was an effort public policy questions that face our sometimes wonder if there is not an ef- to cow John Ashcroft; whether this is country. fort to make the love of traditional an effort by those who lost the elec- It is very rare that a Cabinet nomi- values a hate crime in America. tion, who hold views that are alien to nee is defeated by the Senate. It does Fifty years ago, a person who set out the views of most Americans, to try, not happen very often. There is a pre- to engage in public service might un- through smearing John Ashcroft, to sumption that the President should be fairly be criticized for not being a cow him in office, and in the process allowed to choose his or her people to member of a church or not professing prevent him from carrying out George serve in the Cabinet. In addition, I do religion, but who would have thought Bush’s agenda. I want to say I vote for know Senator Ashcroft. I respect his 50 years later that a man would be John Ashcroft with the happy knowl- religious convictions. I have had per- mocked for holding a deeply held faith? edge that that effort will fail. sonal interaction with him, which I Who would have thought 50 years later I yield the floor. have enjoyed. And if he is confirmed, I that calling on the Almighty to help The PRESIDING OFFICER. The Sen- will wish him the very best because he you fulfill trusts that were given to ator’s time does not expire until 11:15. will be Attorney General for our coun- you by your State and your Nation Does he wish to yield that time? try. would be held up to ridicule? Mr. GRAMM. I yield that time to my But there is also a set of other ques- The plain truth is, we may have ‘‘In dear colleague. tions that are important to me as a God We Trust’’ on our coins, but we do The PRESIDING OFFICER. The Sen- Senator from Minnesota. To be the At- not have it in our heart. ator from Montana. torney General, and to head the Jus- As I have looked at this caricature Mr. BURNS. Mr. President, I rise tice Department, is to be the lawyer that has been created, that his oppo- today in support of John Ashcroft. It for all the people in the country.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1231 I had a great man who worked for me of rape and incest, are extreme and assumption, because it is a Catholic here who passed away from cancer this harsh. I once said in a TV debate that country, that Catholics would not em- last year, Mike Epstein. When I first John Ashcroft gives me cognitive dis- brace a person, would not judge a per- met Mike, he said to me: I have been in sonance because I like him as a person son by the content of his character. Washington for 30 years, but I still be- and I don’t understand how a person I want to be clear that as a Senator, lieve in changing the world. I hope we whom I like can hold, sometimes, such as I think about who should head the can work together. harsh views. I don’t agree with his po- Justice Department and who should be He came to the Justice Department sition on abortion. I don’t agree with the Attorney General and I think about and worked with Bobby Kennedy, deal- some of his other positions. my own life, when I was teaching, I ing with enforcement of the Civil It is not his voting record. Without used to insist that students answer the Rights Act; the Justice Department, trying to be self-righteous on the floor following question: Why do you think dealing with enforcement of the Voting of the Senate or melodramatic, I have about politics the way you think about Rights Act. spent hardly any time with groups or politics? Then I never graded their an- Colleagues, in Minnesota, when we organizations except at the beginning swer. I just wanted them to think were celebrating the life of Dr. Martin when people came by and I said: Please about what really shaped their view- Luther King, Jr., I was speaking at a give me everything to read and let me point. I have been thinking a lot about gathering. I didn’t expect the reaction. think this through myself. that in relation to this debate. There I remember a book Dr. King wrote I am troubled by the statements are sets of facts and different versions called ‘‘Where Do We Go From Here: made by John Ashcroft and his role in of truth and all the rest. Chaos or Community?’’ I had this ca- blatantly distorting the record of What shapes my viewpoint? I am a dence where I said: We have a long Judge White. I am going to say ‘‘bla- product of the civil rights movement. I ways to go. And in the cadence, I said: tantly distorting the record’’ because I am not a hero like JOHN LEWIS, but I We have a long ways to go when people think that is what happened. The evi- helped. Men and women in the civil of color are pulled along the side of the dence is compelling. We heard from rights movement were my teachers. road on their way to vote because they Judge White about that as well. To call This is a civil rights vote. This is a are people of color. him a pro-criminal judge on the basis human rights vote. I could not believe the reaction of the of the decisions he had rendered—I I know that John and his supporters African American community, the don’t want to say it was ‘‘extraor- will say: Judge us by what is in our Latino community, the Southeast dinary’’—crossed a line. I have a right heart. For people across the country, Asian community, and the Native as a Senator to say, if John Ashcroft, people of color, people who have a dif- American community. They know that as Attorney General, with the key po- ferent sexual orientation, they judge what happened in Florida was wrong. sition he would be playing in terms of you by your actions. They judge you by Something went wrong there. And they judges and the Federal judiciary, is what you have said. And I believe the are very mindful of voting rights, the going to use the same standard and the Justice Department has to be all about hate crimes legislation, the Violence same methodology he used to oppose justice. I don’t think John Ashcroft is Against Women Act, the Church Arson Justice White, then a lot of justices, a the right person to head this Justice Act. Department. The Attorney General is the person lot of men and women who could serve It is not any one thing. I will be hon- who advises the President on judicial our country in the Federal judiciary, est. I will admit a bias. I don’t have a appointments, whether it be to a Fed- will never make it. That is one of the great feeling for Bob Jones University. eral district court, the court of ap- reasons I oppose this nomination. As long as we are talking about race, peals, or the U.S. Supreme Court. I do The question was put to John they banned dating between students not honestly believe John Ashcroft is Ashcroft in the committee about his the right person to be Attorney Gen- opposition to Jim Hormel: Did he op- of different races and continue to have eral for our country. pose Jim Hormel because he was gay? a policy that states that gay alumni— Some of my colleagues on the other Senator Ashcroft stated that ‘‘the to- yes, former students—should be ar- side of the aisle—I just heard this as I tality of circumstances suggested that rested for trespassing when they step came in, getting ready to speak—have Mr. Hormel would not make a good am- foot on the grounds of their alma labeled disagreement with this choice bassador.’’ What made up that total- mater. I don’t have a good feeling for and questions that have been raised—I ity? Senator Ashcroft didn’t attend Mr. this school. I am speaking within the am going to raise civil rights ques- Hormel’s hearings. He refused to meet civil rights and human rights frame- tions; this is my background; this is with Mr. Hormel. He never returned work. I don’t know why John Ashcroft my life—as a personal attack on John any of Mr. Hormel’s calls. And in the accepted an honorary degree. I don’t Ashcroft. I don’t see it that way. hearing, John Ashcroft suggested or know why you would want to honor In fact, I said to John on the tele- stated that Mr. Hormel ‘‘recruited such a school. I don’t know why you phone: I never will savage you. I don’t him’’ to the University of Chicago wouldn’t want to renounce all of those believe in it. I hate it. Some of my col- School of Law. But Mr. Hormel says: I policies. leagues have spoken on the floor with a don’t ever recall recruiting anybody for It is just one piece of evidence, and I considerable amount of eloquence the University of Chicago. And he can’t know John has made it clear that he about that. remember a single conversation with disagrees with some of what the school But my baptism to politics was the John Ashcroft over the past 30-some is about. civil rights movement. I learned from years. I don’t understand the interview with men and women of color—many of John Ashcroft also told us, in the Southern Partisan magazine. I find it them young, and many of them old, battle over the nomination, that Mr. to be bizarre. This is a magazine which and hardly any of them famous, though Hormel, by simply being an openly gay goes out of its way not to promote ra- they should be famous—about the im- man who is also a civic leader, has cial reconciliation or healing but just portance of civil rights and human ‘‘been a leader in promoting a lifestyle, the opposite. I don’t understand John rights. This is the framework I bring to and the kind of leadership he has ex- Ashcroft’s animus toward Ron White or the Senate. This is why I am going to hibited there is likely to be offensive toward Jim Hormel. If it wasn’t that, vote no. to individuals in the setting in which then it probably was some form of po- I don’t agree with some of the posi- he is assigned,’’ suggesting that Lux- litical opportunism. I certainly don’t tions Senator Ashcroft took as a Sen- embourg, as a Catholic nation, would understand the association with South- ator, but that is not the basis of my find it difficult to receive him. ern Partisan magazine and not even vote. The evidence is that Luxembourg being willing to renounce this maga- Some of his views on abortion, to openly embraced him. He was a great zine or acknowledge his error in doing make abortion a crime even in the case Ambassador. It is also a questionable the interview at the recent hearings.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1232 CONGRESSIONAL RECORD—SENATE February 1, 2001 I don’t know why he refused to sign that a person I like so much personally regarding the nomination of John the pledge that his office would not dis- can hold such harsh views. But he is Ashcroft be printed in the RECORD. criminate in its employment practices the lawyer for all the people of the There being no objection, the mate- based on sexual orientation. It is his United States of America if he is At- rial was ordered to be printed in the first amendment right. The point is, we torney General. He will head up the RECORD, as follows: are talking about somebody to head up Justice Department. This is the Voting [From the Courier-Journal, Dec. 28, 2000] the Justice Department. Rights Act. This is the Civil Rights THE JOKER IN THE DECK I consider this to be a civil rights Act. This is the Violence Against We know that George W. Bush would have vote and a human rights vote. That is Women Act. This is all about whether to appease the Republican Party’s ultra- why I am voting no. Despite what John or not you can have a man or a right-wing. Ashcroft said during the hearings woman—in this particular case a By nominating John Ashcroft for attorney about his limited role in the State of man—who will head the Justice De- general, Bush has delivered, big-time. The partment and will lead our country booby prize goes to the civil rights and Missouri on any number of legal cases human rights communities. dealing with civil rights and human down the path of racial reconciliation. Though Ashcroft’s a Missouri Republican— rights, I will discuss his role in oppos- We have a huge divide in the United he was attorney general, governor and most ing what was a voluntary desegrega- State of America on the central ques- recently U.S. Senator—he’s a good ol’ boy in tion order. I will highlight the testi- tion of race. We have a question before the old South tradition. mony of one who knows John us as to whether or not we have a man ‘‘With the possible exception of Sen. Jesse Ashcroft’s record in this area best, Bill who can lead the Justice Department Helms, I do not believe anyone in the United States Senate has a more abysmal record on Taylor. I will highlight Bill Taylor’s for justice for all people and who will be a leader when it comes to basic civil rights and civil liberties’’ said Ralph testimony because I consider him to be Neas, president of People for the American a giant. I am proud to say he is one of human rights questions. He is not the Way. my teachers. He is a real hero. He is right choice. Why, Ashcroft was given an honorary de- one of those who joined Thurgood Mar- I thank the Judiciary Committee, gree by the notorious Bob Jones University, shall’s team in the years just after the Democrats and Republicans alike, for the South Carolina school that until re- Brown decision to work for full imple- the way in which they conducted the cently banned interracial dating. Meanwhile, graycoats still fighting the mentation of Brown v. Board of Edu- hearings. I say to John Ashcroft, whom I am Civil War (see Tony Horowitz’s book, Confed- cation. erates in the Attic) must have been glad to Over two decades, he served as the sure is viewing this debate and listen- ing to all of us, that if confirmed, read the interview in which Ashcroft deliv- lead counsel for a class of parents and again, I wish him the very best. He will ered a strong defense of Southern ‘‘patriots’’ students in the St. Louis case. During like Robert E. Lee, Jefferson Davis and be the Attorney General for all of us in the most active part of that time, John Stonewall Jackson. our country. But I also would like to Ashcroft was attorney general and Does he defend slavery, too? say, to me, this is, in my 101⁄2 years in It’s scary that this sort of rhetoric fell so Governor of Missouri. Listen to the the Senate, as close as I can remember recently from the lips of one who, as attor- words of Bill Taylor in his testimony coming to a basic civil rights vote, a ney general, will oversee the FBI, the Immi- before the Judiciary Committee: basic human rights vote, and I cannot gration and Naturalization Services, the I have thought seriously since this nomi- support John Ashcroft to be Attorney Drug Enforcement Administration and fed- nation about whether Mr. Ashcroft’s conduct eral prisons, prosecutors and marshals. The in the St. Louis case was simply that of a General and to head the Justice De- attorney general is often instrumental in the lawyer vigorously defending the interests of partment; not on the basis of every- selection of federal judges as well. the State or whether some of his actions thing I believe in about civil rights and Wade Henderson, director of the Leader- went over the line of strong advocacy and re- human rights; not on the basis of the ship Conference on Civil Rights, likened flect on his qualifications to serve as Attor- younger years of my life; not on the Ashcroft’s nomination as ‘‘political three ney General of the United States. My conclu- basis of being a United States Senator card monte.’’ sion is that the latter is the case. I believe from the State of Minnesota who had That’s a card game often played by that in his tenure as Attorney General, Mr. Senator Hubert Humphrey, who gave hustlers who scoop up the dollars of suckers convinced that they can pick the right card Ashcroft used the court system to delay and one of the greatest civil rights speeches obstruct the development and implementa- from among three that the cardsharks shuf- tion of a desegregation settlement that was ever at the 1948 Democratic Party Con- fle around. agreed to by all major parties except the vention. In other words, while many were starting State. I am in a State which is a civil rights to warm up to Bush with his nominations of In so doing, he sought to prevent measures State. I am from a State which is a retired Gen. Colin Powell and Condoleezza that were a major step toward racial rec- human rights State which passed an Rice as secretary of State and national secu- onciliation in an area where there has been ordnance that said there shall be no rity advisor, respectively, the real joker in much conflict, and to thwart a remedy that discrimination against people, not only the deck is Ashcroft. ultimately proved to be a very important ve- ‘‘The issue is not whether a senator will by race but sexual orientation, for vote against Ashcroft’s nomination,’’ Hen- hicle for educational progress. John Ashcroft housing, employment—across the massively resisted this desegregation effort. derson said. ‘‘The question is whether the board. Therefore, I vote the tradition Judiciary Committee will conduct a full and I think the most troubling aspect of of my State; I vote my own life’s work fair confirmation hearing that will allow the Missouri school desegregation ‘‘no’’ to this nomination. Ashcroft’s complete record and philosophy to issue, to me, is that John Ashcroft con- I yield the floor. be presented to the American people.’’ sistently used his fervent opposition to The PRESIDING OFFICER. The Sen- There already are clues as to what the Federal judge’s desegregation order ator from Nevada. Ashcroft’s tenure at the Justice Department as a political issue in the campaign. Mr. REID. Mr. President, I ask unan- could mean. For example, he opposed President Clin- I want to be real clear about it be- imous consent that Senator LEAHY’s 15 cause I am not going to get into any ton’s nomination of Bill Lann Lee to head minutes be given to Senator KENNEDY, the Justice Department’s civil rights divi- pitched, acrimonious battle with any- the Senator from Massachusetts; 71⁄2 sion. He opposed, unsuccessfully, David one here on the floor of the Senate. But minutes to the Senator from Indiana, Satcher’s appointment as Surgeon General. the fact that I talk about his resist- Mr. BAYH; and 71⁄2 minutes to the Sen- In fact, Ashcroft opposed several of Presi- ance to this voluntary desegregation ator from New York, Mr. SCHUMER; and dent Clinton’s black nominees, especially for case is that I am so troubled by the that Senator DASCHLE’s time from 12:45 the federal bench. He spent two years killing Ronnie White’s reputation and elevation to ways in which he went after Justice until 1:15 be given to Senator LEAHY. White; the fact that I talk about Bob federal judge. The PRESIDING OFFICER. Is there Ashcroft claimed that White, the first Jones University and Southern Par- objection? Without objection, it is so black on Missouri’s Supreme Court, was tisan magazine is not because I am in- ordered. more committed to criminals than to vic- terested in any personal attack. I al- Mr. REID. Mr. President, I ask that tims. In fact, in more than 40 of 58 death pen- ready said I don’t understand how it is the following editorials and materials alty cases, White upheld the sentence, and

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1233 when he didn’t he often was joined by judges urged him as a boy to read Richard Wright’s who are harassed on their way into abortion Ashcroft appointed when he was governor. account of the trials of a black youth in clinics? Is John Ashcroft the right person to We also know that Ashcroft is committed ‘‘Black Boy.’’ Africans, whom his father had screen federal judges? In short, is John to the death penalty, and is aggressively op- met on church travels, stayed at the family Ashcroft’s commitment to equal justice deep posed to the right of choice in women’s deci- home in segregated Springfield, Mo. enough to qualify him to be the nation’s sions about pregnancy. But Mr. Ashcroft has built a career out of chief legal officer? Kate Michelman, of the National Abortion opposing school desegregation in St. Louis and Reproductive Rights Action League, and opposing African-Americans for public [From the New York Times, Dec. 23, 2000] notes that Ashcroft voted 42 times in the office. As attorney general in the 1980s he MR. BUSH’S RIGHTWARD LURCH Senate to restrict abortion, and he co-spon- lobbied White House counselor Edwin Meese The right-wingers who were beginning to sored a bill to outlaw abortion, even in cases III to help persuade the Reagan Justice De- feel like wallflowers at George W. Bush’s of rape and incest. partment to switch sides and oppose a broad cabinet dance can stop complaining. Mr. Ashcroft often received 100 percent ratings school desegregation plan in St. Louis. He Bush, who made his earlier selections from from the American Conservative Union, and eventually succeeded. his party’s ideological center, threw a big zero, or near zero, ratings from civil rights In the early stages of negotiating the vol- bouquet to the ultraconservatives yesterday and environmental groups. ‘‘Bush is playing untary city-county school desegregation when he chose John Ashcroft, the recently a very sophisticated game of politics and plan in St. Louis, Mr. Ashcroft’s office had deposed Republican senator from Missouri, manipulation,’’ said Henderson, who noted actually taken a positive role. But Mr. for the post of attorney general. The nomi- that, in the federal hierarchy, the attorney Ashcroft ended up opposing the plan because nation later in the day of Christie Whitman, general is the crown jewel of the social jus- the state had to pay for it and because he the moderate Republican governor of New tice movement. considered it an example of judicial excess. Jersey, to run the Environmental Protection By nominating Ashcroft, Henderson said, He told the U.S. Supreme Court that he had Agency tilted the overall composition of Mr. the President-elect is showing contempt, ‘‘little doubt’’ that ‘‘a minority’’ would be Bush’s early choices back toward the center. ‘‘not unlike the contempt his father showed treated better in court than the state. But that could not mute the widespread dis- in an equally important position, the U.S. Mr. Ashcroft’s really inexcusable act was may over Mr. Bush’s troubling choice of Mr. Supreme Court.’’ Under the guise of bringing riding his opposition to the St. Louis deseg- Ashcroft. the best and the brightest, he named Clar- regation plan into the governor’s mansion. Mr. Bush is clearly hoping that Mr. ence Thomas. His so-called ‘‘McFlip’’ TV ad, accusing Gene Ashcroft’s old colleagues will extend him the ‘‘It’s a cruel mockery that speaks volumes McNary of flip-flopping on desegregation, is usual senatorial courtesies and confirm him about that administration’s character and credited with helping win a tough GOP pri- with little dissent. But Mr. Ashcroft’s hard- integrity,’’ Henderson said. mary in 1984. line ideology and extreme views and actions With Ashcroft’s history, unless there’s an Mr. Ashcroft’s U.S. Senate record deepens on issues like abortion and civil rights re- epiphany, I wonder whether he will be able the concern about his attitude toward Afri- quire a searching examination at his con- to transcend his own beliefs to enforce the can-Americans. He tried unsuccessfully to firmation hearing. He should not be given an laws of the land—whether he likes them or block the appointment of Surgeon General automatic pass. The Senate is duty-bound to not. Dr. David Satcher. He scuttled the judicial determine whether he will be able to sur- With Ashcroft, George W. Bush confirms nomination of Ronnie White of St. Louis. He mount his cramped social agenda to act as many African Americans’ worst fears. More- wrote, in a South Carolina magazine, that, the guardian of the nation’s constitutional over, Bush must be listening to those who ‘‘traditionalists must do more’’ to defend values. The attorney general has great discretion say he mustn’t betray an important GOP Confederate leaders ‘‘or else we’ll be taught in deciding how much energy to devote to base in the name of bipartisanship. that these people were giving their lives, protecting civil rights, broadening civil lib- Just forget about healing wounds; act like subscribing their sacred fortunes and their erties, keeping society free of crime, enforc- you’ve got a mandate, Dubya. honor to some perverted agenda.’’ And he ac- ing the antitrust laws and making sure that For this liberal, the best thing about John cepted an honorary degree from Bob Jones the president and his cabinet members are Ashcroft’s nomination is its potential to University in 1999. (It’s a wonder that Mr. held to the same high standards—an area in bring even more blacks and minorities to the Bush would want to remind anyone of his polls in 2002. which the job’s present occupant, Janet own disastrous trip there.) Reno, has been deficient. More than any Mr. Ashcroft’s successful campaign against other cabinet officer, the attorney general [From the St. Louis Post-Dispatcher, Dec. Mr. White is especially troubling. He opposed 24, 2000] sets the moral tone of an administration. Mr. White for having voted as a Missouri Su- The position should clearly be filled with MR. ASHCROFT AND EQUALITY preme Court judge to overturn death sen- someone with a reputation for balance, fair- There is a case to be made that the Senate tences. Mr. Ashcroft neglected to mention ness and independence. Mr. Ashcroft is by all should confirm John Ashcroft as attorney that some of his own appointees had voted to accounts honest and hard-working. Yet he is general. He has a distinguished record of overturn as many capital sentences. Retired also, judging by the public record, a man of honest and effective public service. He is a Missouri Supreme Court Judge Charles cramped vision, unyielding attitudes and smart lawyer who was a strong state attor- Blackmar, a Republican appointee, criticized limited tolerance for those who disagree ney general. And the Senate should give Mr. Ashcroft at the time, saying: ‘‘The sen- with him. His actions on racial matters some deference to a new president’s Cabinet ator seems to take the attitude that any de- alone are enough to give one pause. As Mis- choices. viation is suspect, liberal, activist and I call souri’s attorney general, he opposed even a In addition, Mr. Ashcroft has the institu- this tampering with the judiciary because of voluntary school desegregation plan in met- tional tradition of senatorial courtesy on his the effect it might have in other states . . . ropolitan St. Louis. He also conducted a side. He served in the club and fellow sen- where judges, who might hope to be federal mean-spirited and dishonest campaign ators will be reluctant to treat him badly. judges, feel a pressure to conform and to against Ronnie White, Missouri’s first black Nevertheless, the Senate should set aside vote to sustain the death penalty.’’ State Supreme Court justice, when Justice its sensibilities and scrutinize Mr. Ashcroft’s Mr. Bush said Friday that he was not wor- White was nominated for a federal judgeship. record as it relates to the job of attorney ried about the White case because of Mr. Mr. Ashcroft claimed, erroneously, that Jus- general. In particular, it should investigate Ashcroft’s record of appointing African- tice White was soft on the death penalty. As Mr. Ashcroft’s opposition to civil rights, Americans to the bench. In truth, Mr. an added insult, Mr. Ashcroft also accepted women’s rights, abortion rights and to judi- Ashcroft had an abysmal record and never an honorary degree last year from Bob Jones cial nominees with whom he disagrees. appointed a black Supreme Court judge. University, a bastion of the Christian right The Ashcroft choice is at odds with Presi- Mr. Ashcroft favors the most extreme form with a history of racial discrimination. dent-elect George W. Bush’s image as a of a constitutional amendment to ban all Mr. Ashcroft has been one of the Senate’s uniter. When Mr. Ashcroft was running for abortions. As state attorney general he filed most adamant opponents of a woman’s right president in 1998, he said: ‘‘There are voices an unsuccessful antitrust suit against the to choose an abortion. During his political in the Republican Party today who preach National Organization of Women because of career in Missouri, he sought to criminalize pragmatism, who champion conciliation, its economic boycott against states that op- abortion, and he has consistently supported who counsel compromise. I stand here today posed the Equal Rights Amendment. More an extreme constitutional amendment that to reject those deceptions.’’ So much for recently, he has opposed a strong federal would ban abortion even in the case of rape compassionate conservatism and bipartisan- hate crimes law and a bill to bar job dis- or incest. Mr. Ashcroft has a poor record on ship. crimination against gays. church-state issues and on gay rights, and a It would be an exaggeration to say Mr. All of which raises the question: Is John dismal record on the environment. There is Ashcroft is a racist. It would be an exaggera- Ashcroft the person who should be in charge thus reason to wonder how vigorously he will tion to say Mr. Ashcroft is a racist. He re- of the nation’s civil rights enforcement? Is help Mrs. Whitman enforce environmental calls that his father, a noted evangelist, John Ashcroft the person to protect women laws.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1234 CONGRESSIONAL RECORD—SENATE February 1, 2001 With Mrs. Whitman, Mr. Bush has offered a intends to pursue EPA’s enforcement mis- Senator Ashcroft testified that he far more appealing nominee for high office. sion, but she brings stature and experience complied with all court orders in the His pledge to elevate the E.P.A. post to cabi- to the job. The new administration’s posture desegregation case. net level is also commendable. The E.P.A. is on the environment will become clearer after But that’s not true. In fact, the court Gov. Bush selects his interior and energy no less important than the Interior Depart- ruled that he had a deliberate policy of ment in providing responsible stewardship of chiefs and fills critical sub-Cabinet posi- the nation’s natural resources. tions. But Gov. Whitman’s appointment, and defying the court’s authority. On the plus side, Mrs. Whitman seems gen- Gov. Bush’s decision to keep the EPA chief Senator Ashcroft testified that he uine in caring about the environment, and as in the Cabinet, are positive first steps. never opposed integration. a Northeasterner, she is intimately familiar Not so the Ashcroft pick. Mr. Ashcroft But that’s not true. In fact, he re- with the problems of polluted air and water. handled with class and sensitivity his defeat ferred to the St. Louis voluntary deseg- She joined with Gov. George Pataki of New last month by a dead man, the late Gov. Mel regation plan as ‘‘an outrage against York in lawsuits aimed at curbing the pollu- Carnahan. But his Senate tenure was marked by hard-right stances on abortion rights, human decency.’’ And he fanned the tion that drifts eastward from Midwestern flames of racial division by cam- power plants, and she has worked to protect civil liberties and other issues. He fought the New Jersey coastline by investing in confirmation of many of President Clinton’s paigning against the desegregation sewage treatment and storm drainage judicial nominations, including well-quali- plan in his race for Governor in 1984. projects. Although land conservation is fied moderates. In the case of Ronnie White, On the issue of voter registration, mainly Interior’s responsibility, Mrs. Whit- an African American justice of the Missouri Senator Ashcroft’s record as Governor man demonstrated a real appreciation for Supreme Court whom Mr. Clinton nominated is equally troubling. the importance of saving natural resources to a District Court vacancy in Mr. Ashcroft’s In heavily white St. Louis County, he for future generations when she sponsored a state. Mr. Ashcroft rallied the Senate’s Re- endorsed a policy of training volun- publican caucus to defeat the nomination in $1 billion open space program, the largest in teers to register voters. New Jersey’s history. a manner tinged with racial politics and un- fair to the nominee. Gov. Bush campaigned But in St. Louis City, which has the On the minus side, she slashed the budget State’s largest African American popu- for environmental law enforcement and as a conservative, and he should be expected stopped levying meaningful fines against big to appoint conservatives to his Cabinet, as lation, he and his appointed election polluters. That pro-business mind-set will be he has with impressive choices for the State board refused to allow volunteers to be disastrous if continued in her new job, as Department, the Treasury Department and trained to register voters. will her oft-repeated but naı¨ve faith in ‘‘vol- other posts. But the Senate confirmation In fact, he even went so far as Gov- untary’’ compliance with environmental process should examine whether Mr. ernor to veto 2 bills to use volunteer laws. As Mrs. Whitman will discover, there Ashcroft’s particular brand of conservatism is best suited to the attorney general’s post. registrars in the City. will be times when negotiating skills simply As a result there were 1,500 volun- don’t suffice. She must be willing to enforce Mr. REID. Mr. President, I suggest teers involved in voter registration in the law in the face of relentless pressure, not the absence of a quorum. St. Louis County and zero in St. Louis only from the big interest groups but from The PRESIDING OFFICER. The City. her superiors in the White House. clerk will call the roll. After Governor Ashcroft vetoed the The legislative clerk proceeded to two voter registration bills, the voter [From the Washington Post, Dec. 23, 2000] call the roll. BUILDING A CABINET Mr. KENNEDY. Mr. President, I ask registration rate in St. Louis dropped President-elect Bush has been assembling a unanimous consent that the order for by almost 20 percent. team that for the most part is impressive in the quorum call be rescinded. With this record, how can anyone be- stature as well as diversity of race, gender The PRESIDING OFFICER. Without lieve that Senator Ashcroft will be a and background. His designation of New Jer- objection, it is so ordered. champion of voting rights for all Amer- sey Gov. Christine Todd Whitman to head The Senator from Massachusetts is icans, particularly African Americans? the Environmental Protection Agency fits recognized. Senator Ashcroft testified that Roe that pattern. She has a mixed record on the Mr. KENNEDY. Mr. President, just v. Wade is the settled law of the land, environment, but on the whole she has six weeks ago, President Bush nomi- and that he would not try to overturn pushed to protect open space and to marry it. economic growth to environmental responsi- nated Senator John Ashcroft to serve bility. Unfortunately, Gov. Bush also took a as Attorney General of the United But his record of three decades of step yesterday that was inconsistent with States. Since then, the nomination has non-stop attacks on a woman’s right to this otherwise constructive performance. been a source of intense controversy in choose tell a different story. John Ashcroft, recently defeated as Missouri the Senate and across the Nation. As Attorney General of Missouri, he senator, has a history out of sync with the At the center of the debate is one defended a state rule that prevented Bush rhetoric of inclusiveness. For the cru- basic question—will Senator Ashcroft poor women from obtaining abortions cial post of attorney general, Mr. Bush enforce the law fairly and vigorously. that were medically necessary to pro- should have reached higher. tect their health. He even tried to pre- Gov. Whitman, in seven years as New Jer- Today, I will cast my vote against Sen- sey chief executive, won passage of a $1 bil- ator Ashcroft, because I believe that he vent Missouri nurses from providing lion initiative that aims, over the next dec- cannot do so. basic family planning services. ade, to save a million acres of open space My belief is based on Senator As Governor of Missouri, he contin- from development. Clean-air advocates give Ashcroft’s quarter century track ued his intense assault on a woman’s her credit for backing tough federal air pol- record as a relentless opponent of civil right to choose. He made clear that his lution standards and for efforts to reduce rights—as an architect of a continuing mission was to have the Supreme Court greenhouse gas emissions in New Jersey. Her legal strategy to dismantle Roe v. overturn Roe v. Wade. administration has strongly supported the Wade—as an outspoken advocate of ex- He boasted about Missouri’s record of new heavy truck and diesel fuel pollution treme Second Amendment rights—and having more anti-choice cases in the standards the Clinton administration issued Supreme Court than any state in the this week. She has fought ocean dumping as a harsh and unfair opponent of the and cleaned up beaches, and she is currently nominations of well-qualified men and Nation. heading a Pew Foundation-funded commis- women to important positions in our He even proposed legislation to pro- sion to assess what national steps are needed government. hibit many common forms of contra- to protect oceans and marine life. On the issue of segregation in the ception. Gov. Whitman’s efforts to make New Jer- schools of St. Louis, Senator Ashcroft As a Senator, he has strongly sup- sey more business-friendly, particularly in testified before the Judiciary Com- ported a Constitutional Amendment to the early days of her administration, earned mittee that the State of Missouri had ban abortions—even in cases of rape or her sharp criticism from local environmental done nothing wrong and had not been incest. groups. She was condemned for cutting the The power of the Attorney General is staff and budget of the state’s environmental found guilty of any wrongdoing. agency in her first term and for reducing the But that’s not true. On numerous oc- vast. The person who holds that posi- reporting requirements on toxic chemical casions, the courts specifically found tion must have a genuine commitment emissions. It will be important for her to that the State was responsible for the to enforce the law fairly for all citi- make clear in confirmation hearings how she segregation. zens.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1235 But Senator Ashcroft has a deeply of what has happened today. I hope he number of Senators for their contribu- disturbing record on issue after issue of nominates somebody of intelligence tions to this matter during the day and enormous importance to millions of and judicious temperament and devo- a half we have been debating it. Americans. tion to fairness. But I hope he nomi- I believe Senator KENNEDY—we just Throughout his long career, he has nates somebody who unites the Amer- heard him—made extraordinarily per- been a relentless opponent of many ican people, who brings us together, suasive, fact-based presentations on fundamental rights. He’s wrong on civil who is not identified with one extreme some troubling aspects of the nomi- rights—wrong on a woman’s right to faction—either on the far right or the nee’s background. I hope all Senators choose—wrong on needed steps to keep far left. listened to the remarks of Senator MI- guns out of the hands of criminals and I do not expect George Bush to nomi- KULSKI, who spoke to the heart of the children. He’s wrong on many other nate a liberal to the Supreme Court, question and put to rest the false fundamental issues, and he’s the wrong but I hope and pray this nomination charge the Democrats are applying a choice to be Attorney General of the has taught us that rather than a nomi- narrow ideological litmus test. I appre- United States. It is wrong to send him nation of somebody on the extreme, ciate the eloquent words of her col- to be the Attorney General of the when it deals with the judicial issues, league from Maryland, Senator SAR- United States. I intend to vote no. the legal issues that affect us, it is BANES, this morning. In the fashion to I withhold the remainder of my time much better off for either a Democrat which we have become accustomed and I suggest the absence of a quorum. or Republican President to nominate a from Senator SARBANES, he discussed The PRESIDING OFFICER. The moderate—a thoughtful jurist but a the history of the nomination, includ- clerk will call the roll. moderate. ing the hearing. I continue to marvel The legislative clerk proceeded to I think what has happened with the at the expertise of the senior Senator call the roll. Ashcroft nomination in terms of divi- from Illinois, Mr. DURBIN, for his com- Mr. SCHUMER. Mr. President, I ask siveness would look small compared to prehensive remarks distilled so wisely unanimous consent that the order for the divisiveness that would occur if and lucidly from the hearing record. the quorum call be rescinded. someone of Senator Ashcroft’s beliefs Senator DURBIN spent an extraordinary The PRESIDING OFFICER. Without were nominated to the U.S. Supreme amount of time on this during the objection, it is so ordered. Court. hearings. I think the whole Senate ben- Mr. SCHUMER. Mr. President, I At the end of the day we will all vote efitted from the knowledge he gained spoke at length yesterday about the what we think is best. We will each from those hearings. Senator LEVIN deep sense of pain and sadness and fear vote our conscience. But I think every presented his characteristically engendered by this nomination. It has one of us can take a lesson from what thoughtful remarks and careful rea- not been an easy few weeks for those has happened here in the last few soning. I thank him for that. who have been involved. Whatever the weeks. That lesson is a simple one. As I said, we heard just now from the result today, scars remain. There are When it comes to enforcing the law, as senior Senator from New York, Mr. some scars, of course, on Senator the Attorney General does, when it SCHUMER. Not only did he speak so well Ashcroft, but he is a strong and God- comes to sitting on the highest court on the floor, but all the Senate was fearing man and I know he will recover of this land, moderation is, indeed, a helped by his thorough work during the from those and I hope and pray that he virtue. hearings and with the kind of com- does. I hope and pray all of us, including mittee service that distinguished him There are scars on the Senate in our President, will take from this bat- on the Judiciary Committee both here terms of our bipartisanship and ability tle the view that his nominations for and in the kind of service he had in the to work together. Again, I think the the Supreme Court will better serve other body before. desire for bipartisanship is strong in the Nation if they come from the mid- We heard the fine remarks of my this body, and I don’t think those scars dle, from the broad moderate section of friend from New Mexico, Senator will be permanent. There are some our political spectrum. BINGAMAN; the forthrightness of Sen- scars from the initial days of the Presi- Mr. President, I will vote against ator CARPER; the plain-spoken elo- dency of George Bush, who had cam- Senator Ashcroft. I do that with the quence of Senator STABENOW; the paigned for inclusiveness, bringing peo- conviction that it is the right thing to statesmanship of Senator KERRY. ple together. This nomination clearly do in terms of my beliefs, in terms of I think of the words of the distin- did not do that, whatever else it has what is good for the people of New guished senior Senator from Florida, done. York, in terms of what is good for the Mr. GRAHAM, who brought to the Sen- Again, most of the other President’s people of America. I hope we will not ate the important circumstances of his nominees, this nomination notwith- have to go through a similar battle State and his concerns—unique among standing, have been bipartisan nomi- when Supreme Court nominees come all of us here. nees, and hopefully while this is clearly before us. Of course, my friend, the assistant a setback in bringing people together Mr. President, I yield the remainder Democratic leader, Senator REID of Ne- in that bipartisanship, it is not going of my time. vada, has given the kind of help he al- to be a problem. The PRESIDING OFFICER. The Sen- ways does in debates. It is something I have made my views known on the ator from Vermont. the public does not see, but he is the floor and in committee as to why John Mr. LEAHY. Mr. President, I thank glue that holds everything together. Ashcroft does not deserve to be our At- the senior Senator from New York for Then, added to that was his own strong torney General, despite his career in his words. Could the Chair please ad- statement on the floor. public service, despite his deep faith, vise the Senator from Vermont what is I think of Senator BYRD, almost my and despite the fact that he is seen as the parliamentary situation? seatmate in the Senate, with whom I an honorable man by most in this The PRESIDING OFFICER. The time served for over a quarter of a century body. that was allocated to the Senator from and thank him for sharing his views. But I hope one thing. Out of the scar Vermont was reallocated, by unani- I thank my Republican colleagues for tissue and the divisiveness and the ar- mous consent, to Senators KENNEDY, their views, those Senators who sup- gument we have had, I hope something BAYH, and SCHUMER. ported this nomination, as Senator good comes about, and that is this: I Mr. LEAHY. I thank the Chair. My BYRD did. hope the President has seen the sad- understanding is the distinguished Sen- I think about what Senator HARKIN ness and the pain and the fear engen- ator from Indiana, Mr. BAYH, will be said when he spoke again eloquently dered by this nomination. I hope when here presently. To use his time, I will today, and Senator LIEBERMAN, who he nominates people to the U.S. Su- continue under the time reserved to spoke not only about his relationship preme Court we will not have a repeat this side. I would like to commend a with Senator Ashcroft but of his own

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE 1236 CONGRESSIONAL RECORD—SENATE February 1, 2001 concerns about the issues of morality A column by Steve Neal from the Ashcroft will have to work especially hard and of one’s upbringing, and Senator Chicago Sun-Times of January 31, 2001; to surmount both his critics and some ele- EDWARDS, a person who went from the An editorial from the Christian ments of his own record, and to prove to the courtroom to the Senate, and rep- Science Monitor of today, February 1, country that he will be, as Senator Leahy said, an attorney general ‘‘for all the peo- resents the best of both places. 2001; ple.’’ I also commend Senator HATCH, of An editorial from the Rutland Daily course, for his management of the de- Herald of January 24, 2001; [From the Chicago Sun-Times, Jan. 31, 2001] bate. A column by Stuart Taylor from Na- SOME MORE EQUAL THAN OTHERS I yield to the senior Senator from tional Journal of January 13, 2001; (By Steve Neal) New York. A column by Stuart Taylor from Na- The attorney general is supposed to rep- Mr. SCHUMER. Mr. President, I tional Journal of October 10, 1999; and resent all of us. thank our leader on this issue on this An op-ed by Benjamin Wittes from That’s what is so troubling about John side of the aisle, the senior Senator Washington Post of October 13, 1999. Ashcroft’s nomination to be the chief law en- from Vermont, for the fine, out- There being no objection, the mate- forcement officer of this country. standing job of leadership and fairness rial was ordered to be printed in the Some of our more distinguished attorneys general served in Republican administra- RECORD, as follows: that he has shown throughout these tions. Edward Levi restored integrity in the hearings. Every witness who was called [From The Christian Science Monitor, Feb. Justice Department after Watergate. Elliot on got to testify. We had plenty of time 1, 2001] Richardson showed great principle in resign- to question. All the questions were ASHCROFT’S TOUGH TASKS ing when Richard M. Nixon ordered him to brought out in a fair and strong way, President Bush asked the Senate to look fire the special prosecutor investigating Nix- but not in any kind of mean-spirited into the hearts of each of his cabinet nomi- on’s role in the scandal that brought down way. When things began to drift a little nees. Through careful, albeit contentious, his presidency. Herbert Brownell drafted the bit out of hand, the Senator would hearings for his nominee for attorney gen- first civil rights law since Reconstruction eral, John Ashcroft, the Senate tried to do and recommended the use of federal troops wield his big gavel that he had at the just that. when the governor of Arkansas sought to beginning of the hearing and his own In those hearings, Americans got a first, block integration of Central High School in personal gavel that he wielded strong taste of the rancor that can occur Little Rock. throughout. He did a wonderful job. when the Senate, and the country, is split Each of these three men was committed to And of course his speeches on the floor right down the middle on social issues. The equal justice under the law. Ashcroft doesn’t and in committee have been among the controversy over Mr. Ashcroft’s nomination meet that standard. Though he is a person of most thoughtful, erudite, and well re- broke along clearly partisan lines. ability and intelligence, his public record is Ashcroft may now be confirmed by the one of unfairness, intolerance and exclusion. searched of all of them. I think I speak Senate, but the Democrats have fired a His role in sinking the nomination of Mis- for all of us on the Judiciary Com- warning shot over the Bush ship of state. souri Supreme Court Justice Ronnie White mittee and in the Senate as a whole: Their message: Expect more battles over for the federal bench was disgraceful. We really thank the senior Senator for conservative legal appointments—to the Su- Ashcroft twisted and distorted White’s judi- the great job he has done during these preme Court or elsewhere. cial record. The Judiciary Committee, which trying weeks. Ashcroft’s deeply conservative views on had a GOP majority at the time of White’s I yield to the senior Senator from abortion, civil rights, and guns were sub- nomination, recommended his confirmation. Vermont. jected to extraordinarily close scrutiny by Then Ashcroft waged a mean-spirited cru- Mr. LEAHY. I thank the Senator Democrats and liberal groups. Still, his crit- sade that destroyed White’s chances. He was ics were left unsatisfied. dishonest in labeling White’s judicial philos- from New York. I have often said how Sen. Patrick Leahy of Vermont, the Judi- ophy as ‘‘pro-criminal’’ and claiming that he much I enjoyed being on the Senate Ju- ciary Committee’s ranking Democrat, sum- had ‘‘a tremendous bent toward criminal ac- diciary Committee. One of the reasons marized much of the concern over Mr. tivity.’’ There is no evidence that Ashcroft is that the Senator from New York Ashcroft’s candor when he spoke on the Sen- went after the African-American judge be- serves there. ate floor this week: ‘‘Most of us in this body cause of his race. It is more likely that he It is a committee where we often have known the old John Ashcroft. During attacked White as part of his re-election have spirited debates. We usually de- the hearings, we met a new John Ashcroft. strategy. bate the most interesting issues before Were the demurrals of his testimony real, or Ashcroft’s record on civil rights, though, is alarming. As governor and attorney general the Senate, but I rely more and more were they delicate bubbles that could burst and evaporate a year or a month or a day of Missouri, he bitterly opposed court-or- on the Senator from New York to boil from now under the reassertion of his long- dered school desegregation in Kansas City down the essence of the arguments and held beliefs?’’ and St. Louis. More than two decades after to lead that debate. The core issue is whether, as attorney gen- the Brown vs. Board of Education ruling I am sorry the Senator from Utah is eral, Ashcroft will put his own ideology made equal access to public education the not on the floor at the moment, but above the law. law, Ashcroft still was making the argument the Senator from Utah, Mr. HATCH, and Supporters, such as Sen. Chuck Grassley that it was better to have segregated I worked very hard to put together a (R) of Iowa, say Ashcroft has demonstrated schools. As a candidate for statewide office, hearing where both sides could be the integrity to maintain his ‘‘by-the-book he fanned racial tensions with his shrill at- approach to governing’’ as he goes about heard. I believe we did that. In fact, un- tacks on school integration. He didn’t seem cleaning up a Justice Department he and to care that African-American youngsters like the usual practice here, both sides others feel has lacked integrity. were being denied an equal education. had the same number of witnesses. If I The new attorney general’s adherence to As governor of Missouri, he vetoed legisla- recall, in this case, the minority side, that standard will be closely watched. As he tion that would have boosted voter registra- the Republican side, actually had one promised the committee, he’ll have to ‘‘vig- tion in minority communities. He claimed more witness. But we tried to make orously’’ uphold the laws of the land whether that the proposed law would have led to sure that anybody who could add any- he personally agrees with them or not—in- voter fraud. If he is confirmed as the next at- thing to the debate and should be heard cluding the Supreme Court’s decision legal- torney general, he would have responsibility izing abortion, Roe v. Wade, which Ashcroft for enforcing the Voting Rights Act. was heard. acknowledged as ‘‘settled law.’’ During his Senate testimony, Ashcroft said Even during the hearings, we actu- Testimony regarding Ashcroft’s opposition that he would not attempt to undermine Roe ally had people who were added at the to the appointment of a black Missouri judge vs. Wade, the Supreme Court decision that last minute at the request of Senator to the federal bench was particularly dis- upheld a woman’s legal right to have an HATCH. He showed unfailing courtesy turbing. The judge, Ronnie White, said then- abortion. But he has spent his entire public throughout all that, and I thank him Senator Ashcroft distorted his record, call- career trying to outlaw abortions or make for that. ing him ‘‘pro-criminal,’’ based on his inter- them impossible to obtain. He is opposed to I see the Senator from Indiana in the pretation of a few of Judge White’s written abortion even in cases of rape or incest. decisions. ‘‘Both now and in my first term as [Mis- Chamber. I ask unanimous consent Even if Ashcroft’s motives at the time souri] attorney general,’’ he told the U.S. that the following editorials and mate- were political, not racial, the episode leaves Senate Judiciary Committee in 1981, ‘‘I have rials with regard to the Ashcroft nomi- doubts about his judgment among African- devoted considerable time and significant re- nation be printed in the RECORD: Americans and others. sources to defending the right of the state to

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1237 limit the dangerous impacts of Roe vs. Wade, willing to work with Bush to put together an Labor Secretary but for her sad mistake of a case in which a handful of men on the Su- education package. And Bush appears willing failing to tell Bush vetters up front what preme Court arbitrarily amended the Con- to court Democratic support by gearing his they needed to know about her illegal-immi- stitution and overturned the laws of the education package toward low-income stu- grant issue.) But no President is entitled to states related to abortions.’’ Ashcroft has dents. put a character assassin in charge of law en- previously referred to the Roe decision as In the same vein, Republicans such as Jef- forcement. ‘‘error-ridden.’’ Most Americans disagree fords should be willing to break the party All this would be true even if Judge White with that viewpoint. line for the sake of campaign finance reform, were white, if Ashcroft had not expressed In his written response to the Judiciary health care, and other initiatives that the such fondness for the Confederacy, if race committee, he vowed not to re-fight these Republican leadership has long opposed. were not an issue, and if Ashcroft were in battles because the issue had been settled The Senate Judiciary Committee was able tune with the Bush pledge to be a uniter, not ‘‘through the passage of time and reaffirma- to win concessions from Ashcroft on civil a divider. But White is black. The racial con- tion by the Supreme Court.’’ But he never rights and women’s rights, but his work as text makes Ashcroft’s orchestration of a has stopped trying to reverse this landmark attorney general will involve far more than floor vote against a judicial nominee, the decision. the high-profile issues on which the interest first since 1987 (when Robert H. Bork’s Su- Ashcroft was misguided in his assault on groups always focus. preme Court nomination went down), all the the nomination of the openly gay James C. He will help shape anti-trust policy and more deplorable. And Ashcroft’s Hormel to be ambassador to Luxembourg. the government’s position on the Microsoft confrontational advocacy of absolutist views ‘‘Based on the totality of Mr. Hormel’s case. He will help shape policy on juvenile makes him a divider, not a uniter. record of public positions and advocacy, I did justice, which has been slipping back toward This is not to endorse the unfounded and not believe he would effectively represent the dark ages, and on sentencing policy, tiresomely irresponsible suggestions by some the United States in Luxembourg, the most which has become dangerously rigid because liberal critics that Ashcroft’s attacks on Roman Catholic country in all of Europe,’’ of mandatory sentences. He will apportion Judge White were motivated by racial bias he said in 1998. resources within the Department of Justice, or hostility to antidiscrimination laws. Nor Based on the totality of Mr. Ashcroft’s deciding how much emphasis to put on civil is it to join the claque who would fight any record, he is less than committed to equal rights enforcement. conservative nominee for Justice as racially protection under the law. This cold-hearted In electing a Republican, Vermonters insensitive and divisive. But it does appear man is unfit to be the people’s lawyer. might have expected that Jeffords would that Ashcroft was deliberately engaging in maintain party loyalty in instances such as inflammatory racial politics—in part to [From the Rutland Daily Herald, Jan. 24, the Ashcroft nomination. Jeffords will have boost his own 2000 re-election prospects by 2001] many other opportunities to show his inde- hanging the ‘‘pro-criminal’’ label both on pendence, and Vermonters will be watching. NOTOASHCROFT Judge White and on then-Gov. Mel Carnahan, In electing a Democrat, Vermonters expect Democrats should not be shy about voting who had appointed White and was gunning Leahy to uphold civil and women’s rights. In for Ashcroft’s Senate seat. Ashcroft must against John Ashcroft when his nomination voting no on Ashcroft, he will be affirming for attorney general comes before the Senate have known that accusing a black judge that even with a Republican president, these (falsely) of being ‘‘pro-criminal’’ and of ‘‘a Judiciary Committee and to the Senate values should not be allowed to erode. floor. tremendous bent toward criminal activity’’ would stir the worst instincts of those voters If they are afraid of being tarred as par- [From the National Journal, Jan. 13, 2001] tisan extremists for opposing Ashcroft’s who stereotype criminality as black. A CHARACTER ASSASSIN SHOULD NOT BE nomination, they ought to recognize that One result of Ashcroft’s reckless roiling of ATTORNEY GENERAL Bush’s decision to appoint Ashcroft was in racial tensions is that he would have espe- itself an unapologetic partisan action. (By Stuart Taylor Jr.) cially low credibility with the vast majority The Senate almost never rejects a presi- Former Sen. John Ashcroft, R–Mo., is an of African-Americans, including moderates dent’s cabinet nominee, and the vote count able and accomplished man who won the re- and conservatives who eschew the race-bait- suggests it will not reject Ashcroft. It would spect of many Senate colleagues in both par- ing rhetoric of victimologists such as the be an extraordinary turn of events if it did. ties. But he is unfit to be Attorney General. Rev. Jesse Jackson. Indeed, people who hope That’s because Senate Republicans are The reason is that during an important de- to see the Justice Department move away lined up unanimously on the side of their bate on a sensitive matter, then-Sen. from its long-standing advocacy of race- party and their president. That includes Sen. Ashcroft abused the power of his office by de- based affirmative action preferences (as I do) James Jeffords, who is a member of a vocal scending to demagoguery, dishonesty, and should wonder: Can John Ashcroft be a cred- quartet with Ashcroft and who plans to en- character assassination. ible advocate of making the law more color- dorse his appointment. The debate was over President Clinton’s blind? I doubt it. This is not one of those moments when the nomination of Missouri Supreme Court Deceptive rhetoric aside, is Ronnie White Senate’s moderate Republicans are inclined Judge Ronnie White to become a federal dis- soft on crime? Not unless one equates meas- to stray from the party line. On other trict judge. Although too liberal to be picked ured concern for civil liberties with softness. issues—campaign finance, tax cuts, missile by a Republican President, White had shown According to Justice Department numbers, defense—the Republican leadership will not himself to be an honest, skilled, and some- White, as of October 1999, had voted to up- be able to rely so surely on unanimity within times eloquent jurist, well within the mod- hold 41 (almost 70 percent) of the 59 death the party. erate mainstream. But Ashcroft, leaning sentences he had reviewed. He voted to re- Ashcroft’s nomination has also won the hard on Republican Senators who would oth- verse the other 18, including 10 that were support of a few Democrats, which assures erwise have voted to confirm, engineered a unanimously reversed and just three in him of victory in the Senate. But for most 54–45 party-line vote on Oct. 5, 1999, to reject which he was the only dissenter. (Some say Democrats, a no vote on the Ashcroft nomi- White’s nomination. Worse, Ashcroft that White reviewed 61 death sentences and nation sends an important signal: that bipar- claimed on the Senate floor that Judge voted to reverse 20.) His rate of affirmance tisan progress is not achieved by pushing the White had ‘‘a serious bias against . . . the was only marginally lower than the 75 per- most extreme brand of Republican ideology. death penalty’’; that he was ‘‘pro-criminal cent to 81 percent averages of the five cur- Under questioning by the Senate Judiciary and activist, [and would] push law in a pro- rent Missouri Supreme Court judges whom Committee, Ashcroft felt compelled to repu- criminal direction’’; and that he had ‘‘a tre- Ashcroft himself appointed when he was gov- diate an ideology opposed to civil and wom- mendous bent toward criminal activity.’’ ernor. en’s rights. One wonders why Bush appointed The first statement was a wild exaggeration. Ashcroft stressed that Judge White had him if it meant he would have to shed the The second was a demagogic distortion. The dissented from decisions affirming death sen- views that have shaped his career. The likely third was a malicious smear. tences four times as often as any Ashcroft- reason is that Bush wanted to appease the Ashcroft is not the man to head the Jus- appointed colleague. True. But does this sug- religious right. tice Department. The job is vested with such gest that White would ‘‘push law in a pro- Everyone was quick to praise Ashcroft’s vast authority over the lives of people great criminal direction,’’ as Ashcroft said—or integrity and to deny that he was a racist. and small, and such symbolic importance, that Ashcroft appointees were rubber-stamp- But what kind of integrity is involved in the that the minimum qualifications should in- ing unfair trials? attempt to smear another person’s reputa- clude honesty, fair-mindedness, and judi- The two dissents most directly assailed by tion, as he did with Ronnie White, a judge cious self-restraint in the exercise of power. Ashcroft in fact exude moderation and care who had been appointed to the federal bench? Every new President is entitled to Senate in dealing with the tension between crime- In many areas, Democrats are likely to co- deference in choosing his Cabinet, even when fighting and civil liberties. In a 1998 decision, operate with Republicans for the sake of bi- the nominee’s policy views draw bitter lib- the majority upheld the murder convictions partisan achievement. It appears that Sens. eral or conservative opposition. (Linda Cha- and death sentence of a previously law-abid- Joseph Lieberman and Edward Kennedy are vez might have become a distinguished ing Vietnam veteran named James Johnson,

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How about statement—six days before he was to begin immediate issue was whether Johnson you? the trial of a black man facing the death should get a new trial, after which he would penalty—‘‘created a reasonable suspicion either go back to death row or be locked up [From the National Journal, Oct. 16, 1999] that he could not preside over the case im- in a mental hospital. THE SHAME OF THE RONNIE WHITE VOTE partially.’’ If Johnson ‘‘was in control of his faculties (By Stuart Taylor Jr.) Judge White was right. And his eloquent when he went on this murderous rampage,’’ The Democratic spin is that the Repub- dissent was both more candid and more con- Judge White wrote, ‘‘then he assuredly de- lican Senate’s Oct. 5 party-line vote, 54–45, to sistent with his court’s own precedents than serves the death sentence he was given.’’ But reject Ronnie L. White’s nomination for a was the majority opinion. the jury’s consideration of the insanity de- U.S. District Court seat in Missouri was Ashcroft also assailed White’s dissent from fense had been skewed by an egregious blun- tinged with racism. At the very least, as a 1998 decision upholding the murder convic- der. Johnson’s court-appointed attorney had President Clinton put it, the vote adds ‘‘cre- tions and death sentence of one James John- begun by stressing that a rope-and-tin-can dence to the perceptions that they treat mi- son. In an appalling succession of shootings ‘‘perimeter’’ around Johnson’s garage was nority and women judicial nominees unfairly growing out of a domestic dispute at John- evidence that he had been under a delusion and unequally.’’ son’s home, the previously law abiding Viet- that he was back in Vietnam, at war. This The Republican spin is, not surprisingly, nam veteran had stalked and killed a sheriff, was a gift to the prosecution, which blew the quite different. In the words of White’s main two deputies, and the wife of another sheriff. back-in-Vietnam strategy to bits by showing critic, Sen. John Ashcroft, R–Mo., White’s His only defense was insanity. that the police had set up the perimeter. record as a Missouri Supreme Court judge is ‘‘If Mr. Johnson was in control of his fac- Both Judge White and his colleagues fault- ‘‘pro-criminal and activist,’’ and exudes a se- ulties when he went on this murderous ram- ed the defense attorney (for inadequate in- rious bias against * * * the death penalty,’’ page, then he assuredly deserves the death vestigation) as well as the prosecution (for even ‘‘a tremendous bent toward criminal ac- sentence he was given,’’ Judge White wrote. leaving the defense attorney with a false im- tivity,’’ Indeed, said Sen. Don Nickles, R– But a blunder by Johnson’s defense lawyer, pression of the facts). They differed only on Okla. ‘‘many’’ Republican Senators ‘‘didn’t White added, had so ‘‘utterly destroyed the whether there was a ‘‘reasonable prob- know what race Judge White is.’’ credibility’’ of his insanity defense as to ability’’ that the jury might otherwise have Which is the closer to the truth? deny him a fair trial. found Johnson insane. The majority said no. Numbers supply part of the answer. Judge In his opening statement, the defense law- Judge White said yes. His conclusion was White has voted to uphold 70 percent (41) of yer had focused on a story that Johnson— plausible, debatable, highly unpopular (espe- the 59 death sentences he has reviewed, while who claimed to have no memory of what he cially among police), and (for that reason) voting to reverse the other 18, including 10 had done—had strung a ‘‘perimeter’’ of rope courageous. For Ashcroft to call it ‘‘pro- that were unanimously reversed and three in and cans around his garage under the delu- criminal’’ was obscene. which he was the only dissenter. That’s a bit sion that he was ‘‘back in Vietnam,’’ in com- below the 75 percent to 81 percent averages In the second case, one Brian Kinder was bat. This scenario was soon exposed as fic- of the five current Missouri Supreme Court sentenced to die for a heinous rape-murder. tion: The prosecution revealed with a flour- judges whom Ashcroft himself appointed Judge White’s ‘‘only basis’’ for voting to give ish that the ‘‘perimeter’’ had been the work when he was Governor, according to numbers Kinder a new trial, Ashcroft claimed, was of police staking out Johnson’s home after compiled by the Missouri Democratic Party. that the trial judge had said he was ‘‘opposed the killings. It’s well above the 53 percent average of to affirmative action.’’ False. In fact, Judge The majority and Judge White alike fault- Elwood Thomas, the now-deceased Ashcroft White’s dissent termed that comment (made ed both the defense lawyer (for inadequate appointee whom White replaced in 1995. in a campaign press release) ‘‘irrelevant to As for race, the raw fact is that the Sen- investigation) and the state (for leaving him the issue of bias.’’ Instead he stressed an- ate’s rejection of the 46-year-old White—the with a false impression of the facts). They other, ‘‘indefensibly racist’’ assertion in first black person ever to sit on the Missouri differed on whether there was a ‘‘reasonable which the trial judge had contrasted ‘‘mi- Supreme Court—was its first floor vote probability’’ that, but for these unpro- norities’’ with ‘‘hard-working taxpayers.’’ against any judicial nominee since 1987, fessional lapses, the jury might have upheld This cast grave doubt on the impartiality of when the Senate spurned Robert H. Bork for the insanity defense. The majority said no; a judge who was to try a black man for mur- the U.S. Supreme Court. But Democrats are Judge White—noting that Johnson’s homi- der in just six days, Judge White concluded. quick to cite statistics showing that the cidal conduct suggested at least ‘‘something His dissent was far more candid and con- Senate has confirmed a substantially small- akin to madness’’—said yes. vincing than the majority opinion. er percentage of Clinton’s minority judicial I’m not sure whether he was right. But it Pro-criminal? Some police groups, includ- nominees than of his white nominees—while surely was a case on which reasonable judges ing 77 of Missouri’s 114 sheriffs, criticized taking longer to bring their nominations to could disagree. Judge White’s record. But other law enforce- a vote. Some Republicans claim that a high- And in another such case, in 1996, it was ment officials praised him as a good judge er percentage of Clinton’s minority nomi- Judge White who wrote the court’s decision and ‘‘an upright, fine individual,’’ in the nees are liberal activists. Perhaps that’s upholding a brutal killer’s death sentence— words of Carl Wolf, president of the Missouri true. But does Ronnie White fit that bill? and it was an Ashcroft appointee, then Chief Police Chiefs Association. Consider White’s two lone death-penalty Judge John C. Holstein, who dissented. The The smearing of Judge White makes the dissents specifically criticized by Ashcroft. cornerstone of any civilized system of jus- many testimonials to Ashcroft’s integrity One involved a rape-murder for which one tice,’’ Holstein wrote then, ‘‘is that the rules ring a bit hollow. But quite apart from that Brian Kinder was sentenced to die. Judge are applied evenly to everyone, no matter episode, it was most unwise for President- White’s ‘‘only basis’’ for voting to give how despicable the crime.’’ elect Bush to choose Ashcroft for Attorney Kinder a new trial, Ashcroft told his col- That does not seem to be the view of many General. The reason is that Ashcroft is an leagues, was that Earl R. Blackwell, the trial Senate Republicans now. Their treatment of uncompromising absolutist with a bellicose judge, had said he was ‘‘opposed to affirma- Ronnie White suggests that they prefer approach to issues ranging from gay rights tive action.’’ judges to rubber-stamp the decisions of trial and gun control to abortion (which would be This was a cynical distortion. In fact, judges, prosecutors, and police. a crime, if Ashcroft had his way, even in White’s dissent stated that Judge Black- Sen. Ashcroft also stressed criticism of cases of rape and incest). He is also dead well’s criticism of affirmative action—which White’s record by police groups, including 77 wrong (in my view) on major issues, includ- came in a campaign press release explaining of Missouri’s 114 sheriffs. This may help ex- ing his aggressive push to cram even more his decision to leave the Democratic Party— plain why the state’s other Republican Sen- nonviolent, small-time offenders who pose no was ‘‘irrelevant to the issue of bias.’’ What ator, Christopher S. Bond, joined Ashcroft in threat to society into our prison-industrial was ‘‘indefensibly racist,’’ he continued, was opposing Judge White on the floor—after complex, which has already mushroomed to 2 the following assertion in Blackwell’s press having introduced him to the Judiciary Com- million inmates. release: mittee last year as ‘‘a man of the highest in- What would I be saying if it were Presi- ‘‘While minorities need to be represented tegrity and honor,’’ with the ‘‘qualifications dent-elect Al Gore trying to put the Justice or [sic] course, I believe the time has come and character traits’’ to be a federal judge. Department under (say) Sen. Edward Ken- for us to place much more emphasis and con- But it turns out that Ashcroft himself or- nedy, D–Mass.—who smeared another judi- cern on the hard-working taxpayers in this chestrated some of the police opposition. He cial nominee (in 1987) by saying: ‘‘Robert country.’’ faces a tough re-election battle next year Bork’s America is a land in which women As White wrote, this ‘‘pernicious racial and seems to be running as Mr. Death Pen- would be forced into back-alley abortions, stereotype * * * is not ambiguous or complex alty against the man who appointed Judge

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.000 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1239 White—Democratic Gov. Mel Carnahan. Brian Kinder was tried in the court of an Israel that included analogous language: (Carnahan also supports the death penalty.) elected judge named Earl R. Blackwell, At ‘‘While Jews need to be represented, of Ashcroft urged at least two police groups the time of the trial, Blackwell was facing a course, I believe the time has come for us to to oppose White, according to the St. Louis reelection campaign. Six days before place much more emphasis and concern on Post-Dispatch. Carl Wolf, president of the Kinder’s trial was to begin, Blackwell an- moral people who are not obsessed with Missouri Police Chiefs Association, told the nounced in a press release that he was money.’’ newspaper that Ashcroft’s office had called switching parties because he found ‘‘repug- No senator would dare argue that an ap- to solicit his opposition. Wolf declined be- nant’’ the Democratic Party’s ‘‘reverse-dis- peals court judge who insisted that such cause his group does not comment on judi- criminatory quotas and affirmative action.’’ overt hostility to Jews compelled a new cial nominations. Besides, he said: ‘‘I really The politics of the statement were not the trial—even for a guilty defendant—should be have a hard time seeing that [White’s] problem. The problem was its all-but-overt kept off the federal bench for having done so. against law enforcement. I’ve always known racism: ‘‘The truth is that I have noticed in To argue that the Kinder case is reason to him to be an upright, fine individual.’’ recent years that the Democrat party places keep Ronnie White off the bench is no less In short, the record shows that Judge far too much emphasis on representing mi- outrageous—just a little more socially ac- White takes seriously his duty both to en- norities such as homosexuals, people who ceptable. force the death penalty and to ensure that don’t want to work, and people with a skin Mr. LEAHY. I yield to the Senator defendants get fair trials. It suggests neither that’s any color but white.... While mi- that he’s ‘‘pro-criminal’’ nor that he’s a lib- from Indiana. norities need to be represented, of course, I The PRESIDING OFFICER (Mr. eral activist. What it does suggest is cour- believe the time has come for us to place BUNNING). The Senator from Indiana. age. much more emphasis and concern on the And while White may be more sensitive to Mr. BAYH. I thank the Chair. Mr. hard-working taxpayers in this country.’’ civil liberties than his Ashcroft appointed Faced with a judge who had just gone on President, I convey my thanks and colleagues are, his opinions also exude a spir- the record contrasting minorities with hard- gratitude to my colleague from it of moderation, care, and candor. Would the Republicans who voted against working taxpayers, Kinder—an unemployed Vermont for his extraordinary leader- Ronnie White—most of them in deference to black man—asked Blackwell to recuse him- ship on this matter of utmost public Ashcroft and Bond—have treated an other- self. The judge refused, saying he did not dis- importance. He has written another wise identical white nominee any better? criminate whether individuals ‘‘are yellow, honorable chapter in the history of this I doubt it. But by giving such trans- red, white, black or polka dot.’’ Kinder, after body, and I am privileged to serve with parently bogus reasons for trashing a nomi- his conviction, appealed, arguing that the him, as was my father privileged to nee who happens to be black—at a time when trial was invalid because recusal should have been mandatory. serve before me. statistics have already raised troubling ques- I rise today as someone who was in- tions about the Senate’s handling of minor- The surprising thing about this case is not ity nominees—Republicans provoked sus- that Ronnie White voted to reverse the con- vited to Austin, TX, several weeks be- picions not only among those who are prof- viction but that he was the only member of fore the new year to discuss with our ligate in flinging charges of racism, but also the Missouri Supreme Court—several of new President the cause of bipartisan- among many fair-minded people. whose judges were appointed by Ashcroft ship when it comes to improving the And those who claimed to have been igno- when he was the state’s governor—to stand quality of our public schools. rant of White’s race compounded insen- up for the principle that a minority defend- I rise as someone who was in the sitivity with obtuseness. Even if true, this ant is entitled to a trial before a judge who White House several nights ago to dis- shows that they went into the first floor vote does not make public slurs against minority in 12 years to reject a judicial nominee with- groups. Like Ashcroft, the court majority cuss with the President bipartisanship out listening to what their Democratic col- pretended Blackwell was merely making a when it comes to improving the quality leagues were saying or learning anything political statement against affirmative ac- of health care. about the nominee’s admirable life story. tion and concluded that ‘‘we do not agree I rise as someone who wants to work In an era of politicized law, as I wrote re- that the statements in the press release . . . with this President to enact a fiscally cently, the best antidote for partisan grid- would cause a reasonable person to question responsible tax cut. lock over judicial nominees is for Presidents the impartiality of the court.’’ I rise as someone who shares his con- to shun ideological crusaders and choose White, in an opinion characterized by ad- viction that faith-based organizations moderate centrists. That’s what President mirable restraint, cut through this nonsense. have much to contribute to the welfare Clinton did here. And that’s why—race ‘‘No honest reading of [Blackwell’s state- aside—the Senate’s vote and the smearing of ment] can show that it says anything other and well-being of our country. Judge White were shameful acts of pettiness than what it says: that minorities are not I rise as someone who deplores the and partisanship. hard-working taxpayers,’’ he wrote. ‘‘I doubt gridlock in recent years and politics of that any reasonable person would think that personal destruction and yearns to re- [From the Washington Post, Oct. 13, 1999] a judge who makes provocative comments in turn to bipartisanship and principled JUDGE WHITE’S JUDGES a campaign press release . . . would be able compromise for the sake of the United (By Benjamin Wittes) to scrupulously set aside those views just be- States of America. Anyone who believes that race played no cause the judge dons a robe.’’ Because of this Because of all these things and all we role in the Senate’s rejection last week of appearance problem, he argued, recusal was can accomplish together, I also rise to the judicial nomination of Ronnie White required. And ‘‘since the judge here failed to express my opposition to the Presi- should read the case of Missouri v. Kinder. sustain the motion that he recuse himself, Sen. John Ashcroft, the Missouri Republican Mr. Kinder must receive a new trial before a dent’s nomination of John Ashcroft to who led the fight to kill White’s nomination judge whose impartiality is beyond re- be the next Attorney General of the to a federal district court vacancy in his proach.’’ United States of America. state, cited Kinder on the Senate floor as one As a general matter, the White House and Let me say at the beginning I do not of three cases that showed not merely its allies overstate the claim that minority believe in pointing fingers or calling White’s hostility to the death penalty but and women nominees are discriminated names. Some of the things that have his ‘‘tremendous bent toward criminal activ- against in the confirmation process. Having been said about Mr. Ashcroft, such as ity.’’ looked at many nominations, I am convinced he is a racist, are, frankly, not true, Ashcroft described White—the first African that white men with histories and records American to serve on Missouri’s Supreme similar to those of the women and minority and unfair, and for that I have deep re- Court—as willing to grant a new trial to a nominees who get bogged down in the Senate gret. We need more civility in this clearly guilty rapist and murderer who had would also have problems. And race, to be town. Frankly, I wished Mr. Ashcroft been sentenced to death, because ‘‘the trial sure, was not the predominant factor in himself practiced more civility when judge had indicated that he opposed affirma- White’s rejection, either. The politics of the he had the privilege of gracing this tive action and had switched parties based death penalty and the 2000 Missouri Senate Chamber. But he is the wrong man for on that.’’ This charge, if true, would indeed race have that dishonor. this job. be evidence that White had placed politics But if White was not rejected because he’s He is the wrong man for several rea- before the law. But it is a gross distortion. black, it is also impossible to read racial pol- sons: First, the unique character of the The reality is that by using White’s well-rea- itics out of his rejection. Consider what soned dissent in Kinder as a cudgel against would have happened had White and Kinder Justice Department. Mr. Ashcroft has him, Ashcroft provided as clear an example both been Jewish and had Kinder been tried said he will enforce the law, and I am of racial politics infecting the nomination before a judge who had issued a press release sure that is true, but it begs the cen- process as one could ever hope to see. denouncing the political parties’ support for tral question: What does Mr. Ashcroft

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1240 CONGRESSIONAL RECORD—SENATE February 1, 2001 consider the law to be? The law is not happen in the Justice Department of I hope it is that America to which carved in stone and not subject to dif- the United States, and it is not a char- Mr. Ashcroft will dedicate himself as ference of opinion or dispute. Very able acteristic we look for in the Attorney the next Attorney General of the lawyers can have heated differences of General of the United States of Amer- United States of America and prove opinion about what the law means, and ica. that the concerns that have been ex- in the Justice Department each and I was watching these proceedings last pressed on the floor of this body were, every day, hundreds of decisions, or evening, and I will not name names, in fact, misplaced. thousands of decisions, will be made— but I heard a speech of one of our col- Mr. President, I appreciate the honor some of which the public will never be leagues who expressed his belief that of addressing my colleagues once aware—about which there are varying behind opposition to Mr. Ashcroft was, again. I yield the floor to my colleague interpretations of the law. What will in fact, an opposition to those who are from Vermont. happen in those cases? It will be Mr. devoutly Christian in their beliefs serv- Mr. DOMENICI addressed the Chair. Ashcroft’s interpretation; it will be Mr. ing in positions of high public office. I The PRESIDING OFFICER. The Sen- Ashcroft’s discretion; it will be Mr. say as one Senator, nothing could be ator from New Mexico. Mr. DOMENICI. Is somebody control- Ashcroft’s law that will be put into ef- further from the truth. On the con- trary. I have a deep respect for Mr. ling time on our side? fect for the American people. The PRESIDING OFFICER. The Sen- I have no doubt whatsoever that he Ashcroft’s religious convictions. I ator from Vermont actually has the will bring some of his more strident think he should wear them as a badge time until 12:15. views to bear on that office in ways of honor. His devout faith is something Mr. LEAHY. Mr. President, seeing that will cause great conflict and con- we can all look to as a source of pride my friend from New Mexico, I certainly troversy for this President and the peo- on his part. yield to him. ple of our country. It is his secular views and what im- Mr. DOMENICI. I thank the Senator. I think about the Supreme Court. We plementation of those views would The PRESIDING OFFICER. The Sen- are not dealing with a Supreme Court mean for the American people with ator from New Mexico is recognized. nominee here, but before my colleagues more polarization, more divisiveness, Mr. DOMENICI. Mr. President, I am cast their vote, I ask how they would and, as a result, more gridlock, that going to vote for John Ashcroft to be vote if Mr. Ashcroft had been nomi- troubles me. It has nothing to do with Attorney General of the United States. nated for the Supreme Court of the his religious views, just as those of Let me first say, if you read what he United States because, in many ways, John Kennedy, JOE LIEBERMAN, and has done in his life, he is eminently the Attorney General has as much or others had absolutely nothing to do qualified. For those who are wondering more discretion as does a member of with their fitness for public service. whether the President of the United the U.S. Supreme Court. At least be- We need to state unequivocally on States has picked a person who can, in fore a decision of the Supreme Court is the record his religious convictions fact, be a real Attorney General for the handed down, a Justice must get four have nothing to do with the reserva- United States, they can have no doubt of his or her colleagues to agree. Very tions that at least this Senator—and I about it. He graduated from the Uni- often, the Attorney General of the believe the majority of my colleagues versity of Chicago Law School, which United States can make unilateral de- who stand in opposition—has ex- is a very reputable university. In fact, cisions and interpretations of the law. pressed. it is one you do not get into unless At least the Supreme Court is bound Finally, it is quite clear that before they already know you are very bright. to some degree by precedent. The At- long, Mr. Ashcroft will become the That means, if you look at that, he was torney General very often addresses en- next Attorney General of the United trained to be a good lawyer. tirely new areas of the law for which States of America. He can take one of Frankly, we have had a lot of Attor- there is no precedent, giving more dis- two lessons from the proceedings of neys General of the United States who cretion and more free rein to the views these last several weeks. On the one were not good lawyers. There is no and ideology of that individual. In Mr. hand, he can draw from these pro- question he is trained and has proven Ashcroft’s case, I believe that will not ceedings the conclusion that he should that he is not simply good but very serve our country well. pay no attention to his critics; that good at matters that pertain to law. I have been troubled by some of his there was no basis to any of the objec- Secondly, as a Senator from one of behavior, and it has been outlined in tions raised to his nomination; that he the sovereign States, I feel very con- the hearings Senator LEAHY and my needs no reason whatsoever to reach cerned about the way this man is being colleague, CHUCK SCHUMER, who just out to those who have expressed their treated and why the votes are being left, so ably outlined in the Judiciary concerns; and he can operate as Attor- garnered against him because if I were Committee, but I want to particularly ney General as he will. from the State of Missouri instead of mention the issue of Ronnie White. On the other hand, he can decide to the State of New Mexico—and maybe I I disagree with those who say Mr. take the criticism not personally but will transplant myself there just for Ashcroft’s opposition to Judge White seriously. He can decide to reach out to the next 3 or 4 minutes—I would ask, was racially based. I do not believe those who have raised objections to his what kind of people live in Missouri? I that to be true. I believe it was based nomination. He can reach out to those think I would conclude that, as you upon prior political disagreements who have grave concerns about how he look across America, they are very when Judge White served in the State conducts himself in the very important good people, very diverse. They earn a legislature—but, frankly, when it position of Attorney General of the living in very different ways, from ag- comes to the Attorney General of the United States. He can dedicate himself riculture to manufacturing. And guess United States engaging in political to proving those who raised objections what. They elected this man who has payback, it is very troubling—and it to his nomination were, in fact, in been under fire day after day, they was based also upon Mr. Ashcroft’s de- error and those objections were ill- elected him to be attorney general of sire to be reelected to this body, and founded. their State two times. They elected the fact that he was willing to mis- It is that course of action that I hope him to be Governor twice. Then they interpret the record of Judge White for he will take because in the final anal- elected him to be a Senator. his own political personal gain should ysis, any Attorney General of the Frankly, does anybody really believe concern us all. Not that political pay- United States of America must dedi- the people of Missouri would elect a back or sometimes interpreting or mis- cate himself to ensuring that our coun- person who would discriminate against interpreting one’s record is unique try lives out the full meaning of our people in the State of the population even to this Chamber and other polit- creed: Liberty and justice for all Amer- that has been discussed here? Do they ical candidates across the country—it icans—all—regardless of ideology, race, think the citizens of the State of Mis- happens all the time—but it should not creed, or orientation. souri would elect more than once a

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1241 man to be attorney general of their en- Senator Ashcroft graduated from sure that minority rights are pro- tire State, for all of their people, and Yale University and the University of tected. In fact, I have supported affirm- that they have all been beguiled and Chicago Law School. He practiced law ative action programs in nearly every fooled because he really was not a good in his State of Missouri, and then federal agency. I will hold this nomi- attorney general; that he was preju- served as Missouri’s attorney general nee’s feet to the fire on minority diced; that he was discriminatory from 1976–1985. He was twice Missouri’s issues. against people; that he did not follow Governor. He was later elected to the As Governor, Senator Ashcroft en- the law? That is pure bunk because he U.S. Senate, where he served with dis- acted Missouri’s first hate crimes bill. followed the law; he enforced the law. tinction on the Judiciary Committee. He was also one of the nation’s first They elected him Governor twice. Throughout his career, he has had an governors to sign into law the Martin For this Senate to spend this much impressive record on crime. During his Luther King Jr. holiday. In addition, time trying to find little things about tenure as Governor, he increased fund- he appointed numerous African Ameri- this man that are almost the kind of ing for local law enforcement, which cans to the state bench, including the things you would not even ask anybody resulted in a significant increase in first African American ever selected about—I looked at some of the ques- full-time law enforcement officers. associate circuit judge in St. Louis tions Senators asked this man, and He helped enact tougher standards County. they are not only petty in some re- and sentencing for gun crimes, and led After this appointment, the Mound spects, but they deserve an answer, a the fight against illegal drugs. His City Bar Association of St. Louis—one simple answer: I don’t remember. I tough stance on drugs is important to of the oldest African-American Bar As- can’t understand. It’s too long ago. me because we are seeking to eradicate sociations in the United States—said of They asked him questions about con- a growing heroin problem in northern then-Governor Ashcroft: versations 15 years ago with reference New Mexico. Your appointment of attorney Hemphill to one of the subject matters: Did you While Governor, total State and Fed- demonstrated your sensitivity, not only to talk to so-and-so? Well, I do not re- eral spending for antidrug efforts in professional qualifications, but also to the member. Missouri increased nearly 400 percent. genuine need to have a bench that is as di- I am a reasonably good Senator, and In the Senate, he cosponsored the Com- verse as the population it serves. . . . The appointment you have just made and your I can tell you right now, I really re- prehensive Methamphetamine Control track record for appointing women and mi- member things when I was 9, and 10, Act of 1996. norities are certainly positive indicators of and 12, but I don’t remember too well Despite his impressive credentials your progressive sense of fairness and equity. things that happened 2 years ago. And and proven record, Senator Ashcroft’s We commend you. I bet you there are a lot of Senators opponents suggest that his religious This is not the description of a man like that. I will bet you there are a lot and ideological beliefs will prevent him who is insensitive to the needs of mi- of great attorneys general in the from enforcing our Nation’s laws. It is norities. United States like that. true that he is a religious man with Senator Ashcroft’s concern for mi- In fact, John Ashcroft enforced laws strong convictions. It is untrue that norities did not stop when he came to in his State as attorney general that this will prevent him from carrying out the U.S. Senate. As a matter of fact, were inconsistent with his beliefs. And his duties. while in the United States Senate, he you know what. Attorneys general Time and time again throughout his and Senator FEINGOLD convened the across America are doing that all the distinguished career, this nominee has first Senate hearing on racial profiling, time. They are elected by the people. enforced laws that run counter to his a practice Senator Ashcroft described The people know they differ in many personal views. While serving as Mis- as unconstitutional. He testified during respects. They go in, and what do they souri’s attorney general, a Christian his recent confirmation hearings that do? They follow the law. He is going to group that Senator Ashcroft favored if confirmed he would make the elimi- follow the law. was distributing Bibles on school nation of racial profiling a priority. The one difference versus many other grounds. After careful review, he issued Senator Ashcroft supported 26 of 27 Attorneys General, is that he is a real an opinion stating that such activity African-American judges who were lawyer. He will be a real Attorney Gen- violated the State constitution. nominated to the federal judiciary. eral. He will run that place because he On another matter, even though Sen- However, he did not support Missouri has the intellectual capacity, the orga- ator Ashcroft is pro-life, he has un- Supreme Court Judge Ronnie White. nizational ability, and the desire to be equivocally stated that he will inves- Nor did a majority of the U.S. Senate, a great Attorney General. tigate and prosecute any conduct by 77 Missouri sheriffs, the National Sher- My friend and former colleague, Sen- pro-life supporters at abortion clinics iffs’ Association, and other law en- ator John Ashcroft, is fully qualified to that violates the law. His prior actions forcement groups. Senator Ashcroft’s serve as the next Attorney General of support this assertion. opposition to Judge White was based the United States, and I will vote to He once asked pro-life marchers to on a review of Judge White’s dissenting confirm his nomination. sign a nonviolence pledge and to ob- opinions in death penalty cases. I served in this body with Senator serve ordinary rules of courtesy with In my view, a person with honesty Ashcroft for 6 years, and I know him as both ‘‘friend and foe.’’ It was concern and integrity who has a strong law en- a man of great honesty and integrity. about potential violence at clinics that forcement record and a demonstrated Unfortunately, honesty and integrity led to his vote for Senator SCHUMER’s willingness to follow the law regardless are often characteristics worthy of amendment to the bankruptcy bill that of personal beliefs is exactly the type only secondary praise in today’s soci- made debts incurred as a result of abor- of individual that should lead the Jus- ety. Nevertheless, it is vitally impor- tion clinic violence non-dischargeable tice Department. That’s the Senator tant that the public has confidence in bankruptcy. Ashcroft I know, and he will serve with that our Attorney General, who en- Other critics contend that this nomi- distinction as Attorney General. He forces our laws, is possessed of these nee is insensitive to minorities. His has my full support. Thank you, Mr. traits. record on the whole indicates other- President. Of honesty, George Washington once wise. Mr. President, I am very pleased, and remarked, ‘‘I hope I shall always pos- This is a charge I take very seriously I congratulate the leadership here on sess firmness of virtue enough to main- because my state of New Mexico has a our side and on their side for finally de- tain what I consider the most enviable large population of Native Americans ciding we would vote today, not too of all titles, the character of an Honest and Hispanics. I am deeply concerned long from now. I am hoping John Man.’’ It is my belief that Senator about the interests of these and other Ashcroft will be confirmed. I do not Ashcroft possesses such character and minority groups throughout the na- know what this magical number of is worthy of the title. tion, and I have always worked to en- whether the Democrats can get 40 or 41

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1242 CONGRESSIONAL RECORD—SENATE February 1, 2001 is all about, but I surely would not like Mr. HATCH addressed the Chair. require him to violate the law, or as a to be a Senator on the other side who The PRESIDING OFFICER. The Sen- liar who cannot be trusted when he is told: We need your vote so we can ator from Utah. says he will uphold the law, even when get 41 votes against this man. What Mr. HATCH. Mr. President, we are at he disagrees with it, as he has in simi- does that mean? Is that some reason to the end of this particular debate. We lar circumstances in the past. His crit- vote against this candidate? To me, if I are rapidly coming up to the time ics cannot have it both ways. They were on that side and somebody told where we are all going to have to vote. seek to impose either a caricature of me: We only have 39 against him; we It would be an understatement for strong faith—a faith defined by them— need you to make 40, and then told me to say I have been disappointed in followed with zealous determination in somebody else 41, I would say: Don’t a number of our colleagues and the ap- violation of law, or of one who flouts you think I ought to decide whether I proaches they have taken towards this his faith convictions by lying about his want to vote for him? What does this particular nominee. principles to get through the confirma- 49, 40, or 41 mean? I don’t understand There has not been a person in the tion process. Which is it? Apparently, it, except some think it means that is Senate who has not admitted that John his critics do not understand either a strength. Ashcroft is a person of integrity, de- faith that transcends politics and Mr. LEAHY. Will the Senator yield cency, and honesty. He is a very reli- power-grabs or the distinction between on that point? gious man who believes in what he is being an advocate for change in the law Mr. DOMENICI. I am finished. I will doing. and being an impartial magistrate ap- yield the floor. I believe some of the arguments that plying the law. This is not surprising, It is strength, meaning you can de- have been made have been pretty bad. given the proclivity of many of his feat the next person President Bush They have distorted his record. critics for a largely lawless, results- sends up to be a Supreme Court judge. Mischaracterizations have been oriented, politicized approach to law, What is that about? Nobody knows who throughout this matter. It has been whether at the Justice Department, in he is going send, what his philosophy is really hard for me to sit here and listen the Courts, or elsewhere. going to be. Pure speculation. Pure to some of the arguments that have I think the corrosive attacks on a speculation. And they are asking Sen- been made. qualified nominee because of his reli- ators to vote so they can have that Article VI of our Constitution, while gious beliefs not only weakens our con- kind of message to those who are wor- requiring that Officers of the govern- stitutional government, but also un- ried about candidates who are conserv- ment swear to support the Constitu- dermines the ability of citizens in our ative like this man? I don’t really tion, assures us that ‘‘no religious Test democracy to engage in a meaningful think it matters too much if it is 39, 38, shall ever be required as a Qualifica- dialog with each other. When such at- 40, or 41; he is going to be Attorney tion to any Office or public Trust under tacks are made on the ground that a General. the United States.’’ I fear that with re- man’s faithful conviction will prevent I tell you, I really predict he will be gard to the nomination of John him from discharging the duties of his a good one, a very good one. Ashcroft to be Attorney General of the office, whole segments of our democ- I yield the floor. United States, we are coming very racy are disenfranchised, and the Mr. LEAHY. Mr. President, I realize close to violating the spirit, if not the American heritage of religious toler- we are on the time of the distinguished letter of that assurance. ance is betrayed. Senator from Utah, but I wonder if I In response to a question I posed to Strangely, though many have com- might take 30 seconds to respond to Senator Ashcroft about the wide dis- mented on these issues, some claim the what my friend from New Mexico said. parity of treatment accorded him as a inability to see any such religious at- Mr. HATCH. Of course. person of faith and that accorded to tack on Senator Ashcroft and the large Mr. LEAHY. One, I commend both Senator LIEBERMAN when he was run- number of Americans who believe sides for the way they have managed ning for Vice President, and whether much of what he does. Following my this. But I tell my friend from New anything in his religious beliefs would question to Senator Ashcroft, Senator Mexico, this Senator has not asked, interfere with his ability to apply the LEAHY, the ranking Democrat on the urged, or cajoled any Senator to vote law as critics had charged, Senator Judiciary Committee, engaged in the one way or the other. I have not lob- Ashcroft said: following exchange with Senator bied one single Senator in this body or Ashcroft: told them how I expect them to vote. In examining my understanding and my Mr. LEAHY. I just would not want to leave The only time I have heard—I tell commitment and my faith heritage, I’d have to say that my faith heritage compels me to one of the questions from my friend from the Senator from New Mexico, if I enforce the law and abide by the law rather Utah to give the wrong impression to the could have his attention—— than to violate the law. And if in some meas- people here and just, sort of, make it very Mr. DOMENICI. Sure. ure somehow I were to encounter a situation clear. Have you heard any senator, Repub- Mr. LEAHY. The only time I have where the two came into conflict so that I lican or Democrat, suggest that there should heard numbers expressed was from the could not respond to this faith heritage be a religious test on your confirmation? Republican leadership, when they stat- which requires me to enforce the law, then I Mr. ASHCROFT. No senator has said, ‘‘I will ed before the hearings began—before 1 would have to resign. test you,’’ but a number of senators have minute of hearings was held—that all If anyone is looking for reassurances said, ‘‘Will your religion keep you from being able to perform your duties in office?’’ 50 Republican Senators were expected about whether Senator Ashcroft will Mr. LEAHY. I’m amazed at that. to, and would, vote for Senator enforce the law as written, I do not I have been amazed too, and I am not Ashcroft, and, of course, plus Vice think anyone would have to look far- alone. I ask unanimous consent to have President CHENEY, which would make a ther than this brief paragraph. Senator a sampling of editorials that have majority. Ashcroft’s critics and supporters uni- pointed out the religious test element I do also appreciate him saying that formly agree that Senator Ashcroft is a in these attacks printed in the RECORD. we now come to the vote. I point out man who takes his faith seriously. And There being no objection, the mate- this matter has come to a vote much if he says his faith compels him to rial was ordered to be printed in the quicker than the last contested Attor- abide by the law rather than violate it, RECORD, as follows: ney General, which was in President I think his promise carries some [From the Wall Street Journal, Jan. 19, 2001] Reagan’s term, with a Republican-con- weight. As he said in his opening state- ASHES TO ASHCROFT trolled Senate, where they took about ment, he takes his oath of office seri- (By James W. Skillen) 10 months to bring it to a vote. The ously, it being an oath taken enlisting Do deeply held religious convictions pose a nomination papers arrived Monday, we the help and witness of God in so doing. threat to government? May we trust a man voted in the committee on Tuesday, Nevertheless, he has been attacked as like John Ashcroft, whose outlook appears and we are going to have a final vote a dangerous zealot by many of his op- to be saturated by faith, to serve as U.S. at- on Thursday. ponents, who suggest that his faith will torney general.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1243 It may seem odd, at first, that such a ques- But he holds views contrary to their own. nominees throughout his career, and he tion is asked at all. Odd that sincere reli- How to explain his unwillingness to join spoke of his opposition to racial profiling. On gious belief—at least when it comes to hold- their moral majority? Disparage his religion the incendiary issue of abortion, Mr. ing public office—should be counted as a li- as something dangerous—something out of Ashcroft declared that, consistent with pre- ability, whereas agnosticism and atheism are the mainstream that belongs to a darker, or vious Republican attorneys general, he be- presumed to pose no problem whatsoever. less ‘‘enlightened,’’ age. lieved Roe vs. Wade to have been wrongly de- But there is a logic to the question—if in- And the best way to do this is to suggest, cided, but affirmed his unwavering accept- deed there is a reasonable concern that some implausibly, that Mr. Ashcroft is blinded by ance of the landmark cases upholding abor- higher authority will interfere with the re- his faith, that it is so illiberal that it renders tion’s legality. public’s human ones. him unable to honor his obligations as a pub- So what’s the liberals’ problem? Does any- But is there a reasonable concern? That de- lic official, to revere the Constitution, to one still take seriously the charges of rac- pends. There are religions, and then there obey the law it is his job to enforce. But it ism—even after, say, the brother of slain are religions. Clearly a man whose God calls is an absurd suggestion: After all, George W. civil rights activist Medgar Evers came out for him to overthrow the American system Bush will put his hand on the Bible tomor- for Mr. Ashcroft this week? Does anyone— of government would disqualify himself for row as he takes the oath of office, just like even a Senate Democrat—genuinely worry public office immediately, as would a theo- other presidents before him. Somehow, the that Mr. Ashcroft would not enforce abortion crat for whom clerical edicts would trump republic will survive, and perhaps even pros- laws even after learning, for example, that federal and state laws. per. he has supported a ban on violence against But of course John Ashcroft is not this abortion clinics? Mr. Ashcroft has made it sort of man. He is, rather, the kind of Chris- [From the Washington Times, Jan. 17, 2001] clear that, as attorney general, he would up- tian whose belief wholeheartedly supports ASHCROFT UNDER FIRE hold the Constitution and the laws of the na- democracy, the rule of law and religious If John Ashcroft is to be known as an ex- tion. After eight years of an increasingly de- freedom. To put it starkly: He believes that tremist because he is a man of faith; if, as graded Justice Department, that would be— his savior and lord, Jesus Christ, approves of his former Senate colleague Charles Schu- may we say it?—the department’s salvation. the American system of government. mer repeatedly intimates, he is deemed ill- But that won’t save him from his critics, equipped to enforce the law—even incapable [From the New York Times, Jan. 17, 2001] who cringe at such a claim, since they don’t of knowing whether he is enforcing the law— A CHRISTIAN, A CITIZEN think the name of Jesus should be used in a because of his ideological and philosophical (By Robert A. Sirico) political conversation. But this is a kind of beliefs; if the man is to be labeled a racist GRAND RAPIDS, MI.—Some of the objec- bigotry. We easily accept the idea that broad because, as a senator from Missouri, he op- tions to the John Ashcroft nomination for liberal sentiments inspire public service and posed one black judicial nominee while sup- attorney general hint that the problem with that secular, humanitarian ideals are harmo- porting 26; if all these wholly spurious his conservative politics is that it is rooted nious with American democracy. Why not re- charges are allowed to stand in a disgraceful in his Christian faith. ligious convictions too? attempt to, first, smear an honorable and su- It is true that Mr. Ashcroft has made it Of course, any truths that anyone holds premely distinguished man and then defeat clear that he is Christian and that his reli- dear—secular or divinely ordained—must his nomination for attorney general, it gious beliefs inform his judgment of the exist in the real world on the same footing as would become clear that the American main- world. But why shouldn’t someone who holds others, under constitutional provisions that stream is a sterile, even hostile environ- this particular belief be qualified to lead the hold for everyone. But there is nothing in ment. Justice Department? Mr. Ashcroft’s record to suggest that he To be sure, the Senate Judiciary Com- We must remember our country’s progres- thinks otherwise. mittee, under Sen. Patrick Leahy’s leader- sive tradition of religious tolerance. In our So why do some people still find his reli- ship this week, seems to be just such an in- nation’s history, certain states subjected gion so threatening? The answer, I think, is hospitable place. Even before Mr. Ashcroft public officeholders to certain religious almost philosophical. It has been standard gave a jot of testimony, answered any ques- tests. For instance, in 1961, the Supreme modern practice to speak of religion in isola- tions, explained a single point of view or ac- Court struck down a Maryland law that re- tion, as something separate. Thus we hear of tion, or even said howdy-do, the Senate quired public officials to swear to a belief in ‘‘religion and society’’ or ‘‘religion and poli- Democrats had bayonets affixed and were on the existence of God. Progressives fought tics.’’ This manner of speech has its roots in the attack. In an ill-mannered rant hark- valiantly against these religious tests, and it the European Enlightenment’s conviction ening back to that science-fictional, if slan- would be a grave error to promote a new reli- that Christianity was a kind of residual enti- derously effective attack on Robert Bork’s gious test that would in effect block com- ty that would soon be made obsolete by the Supreme Court nomination, Sen. Ted Ken- mitted Christians from public service. progress of science and reason. nedy depicted an Attorney General Ashcroft And yet some understandable questions re- The U.S. was founded at a time when the as someone who would ‘‘advance his personal main. From the time of ancient Israel and Enlightenment was beginning to win Amer- views in spite of the laws of the land’’—the the early church, believers have held that ican converts. Thomas Jefferson expressed baseless, indeed, fanciful implication being there is a law higher than those issued and the new moralism of the Enlightenment that Mr. Ashcroft would serve as some kind enforced by government. Its source is tran- when, in a letter to his nephew, Peter Carr of Cabinet-level desperado in the new Bush scendent and binds people’s souls in a way in (Aug. 10, 1787), he encouraged him to read the administration. Of course, Mr. Kennedy, which statutory law cannot. Indeed, the idea Bible. If such reading, Jefferson wrote to reprising his oft-played role as Democratic of a natural law that transcends the political Carr, ‘‘ends in a belief that there is no God, heavy in the confirmation hearings of Re- process is a powerful argument against tyr- you will find incitements to virtue in the publican nominees, was just warming up. anny. comfort and pleasantness you feel in its ex- Mr. Schumer, if more cordial, was hardly Every serious believer and every conscien- ercise, and the love of others which it will more temperate in his opening remarks, in- tious person in public office must balance re- procure you. If you find reason to believe jecting a note of condescension into the spect for law with the dictates of conscience. there is a God, a consciousness that you are hearings by wondering how such an ‘‘impas- Many have disagreed profoundly with certain acting under his eye, and that he approves sioned and zealous advocate’’ as Mr. Ashcroft policies and wondered whether their reli- you, will be a vast additional incitement.’’ could, as attorney general, ‘‘just turn it off? gious commitments permitted them to co- From this point of view, religion is judged That may be an impossible task,’’ said Mr. operate in enforcing those policies. by its pragmatic usefulness—its power to in- Schumer, implying that Mr. Ashcroft is con- Surely, as attorney general, Mr. Ashcroft spire public virtue. Whether God exists, stitutionally—religiously?—incapable of en- would also have to struggle with this conun- whether faith can be felt to be personally forcing the law when it conflicts with his drum—particularly when it comes to abor- true, does not matter. convictions. tion, which he opposes. But it is perfectly The problem with Mr. Ashcroft, in the eyes One might have thought that Mr. Ashcroft within Christian belief that one can partici- of those who have been influenced more by had pricked most of the grossly—and gro- pate in an essentially just system that some- the Enlightenment than by Christianity, is tesquely—inflated charges against him with times produces unwise laws that must be en- that he reveres God as truly superior to him- his compelling opening testimony during forced, as Mr. Ashcroft would do. That is at self and, in a moral sense, to the republic. which he emphasized his commitment to en- least as principled a position as that of those That is, he takes religion too seriously for a forcing the law as written for all Americans, Catholic politicians who personally oppose modern man. He does not treat it as either a regardless of race, color or creed. Hardly abortion but vigorously support Roe v. Wade. utilitarian devise or a merely private affair. striking an orthodox conservative pose, Mr. George W. Bush’s response to the attacks Of course, if Mr. Ashcroft’s political con- Ashcroft spoke of his commitment, not to a on Mr. Ashcroft hints at the distinction be- victions on, say, abortion were the same as color-blind society, but rather to diversity tween administering the law and advocating those who now fault him, his critics would and integration. He elaborated on his record legislation. He says that as attorney general, applaud his belief as an incitement to virtue. of supporting minority appointments and Mr. Ashcroft will enforce, not interpret, the

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1244 CONGRESSIONAL RECORD—SENATE February 1, 2001 law, until such time as Congress changes damentally opposes. But are they really? In Let me turn to the testimony of Pro- them. Presumably that also includes the na- a country so divided on these issues, can one fessor James M. Dunn, who testified at tion’s laws on abortion. seriously argue that opposing abortion and our Senate hearings as an expert on re- The Bible, in Chapter 13 of Romans, tells racial preferences is proof of extremism? It ligion issues. I begin here because Pro- Christians that ‘‘the powers that be are or- would be odd indeed if the minority of Amer- dained of God.’’ That passage has never been icans who believe in racial preferences and fessor Dunn is the most explicit in his held to mean that every regime governs ac- the minority who believe in abortion-on-de- religious attack on Senator Ashcroft. cording to God’s will. But the phrase does mand were to define the American main- Most attacks have been based on the imply that Christians face no moral obliga- stream. In fact, under these issues lies a sus- divergence of his religious beliefs and a tion to flee from public life merely because a picion, even a prejudice, about the fitness of particular law, such as abortion rights, nation’s laws do not always perfectly con- a truly religious conservative for high office. or a suggestion that the strength of his form to the highest moral standards. ‘‘Christian Right’’ is a double negative in the We are a nation that holds firm to the con- deeply-held convictions will make it liberal lexicon. It is meant to make decent impossible for him to analyze the law viction that a person’s religious commit- Americans cringe at the thought of some re- ments, or lack thereof, need not bar him or ligious wing nut enforcing the laws. dispassionately and apply it even- her from public life. The Ashcroft nomina- Torquemada at Agriculture perhaps. But not handedly. Professor Dunn makes his tion provides an opportunity to reaffirm the Justice, God forbid. attack explicitly on religious grounds. best of this old liberal virtue of tolerance. To the anti-Ashcroft coalition, the Chris- On a personal note, I am deeply dis- tian Right—numbering at least 30 million, [From the Washington Post, Jan. 19, 2001] appointed that a Divinity Professor, by the way—is some kind of weird fringe who has worked on important religious DISQUALIFIED BY HIS RELIGION? group to whom bones are thrown by other- (By Charles Krauthammer) liberty legislation with me and other wise responsible Republicans to induce them people of conscience and people of A senator is nominated for high office. He’s to return to their caves. Politically, they are been reelected many times statewide. He has a foreign body to be ignored, bought off or faith, would use such harsh and intem- served admirably as his state’s attorney gen- suppressed. Hence the charge that the very perate language to attack a person of eral. He is devout, speaking openly and appointment of a man representing this con- good faith, apparently over a policy proudly about his religious faith. He empha- stituency is, in and of itself, divisive. difference. sizes the critical role of religion in underpin- Hence the salivation when news broke that Professor Dunn says explicitly what ning both morality and constitutional self- there was a tape of Ashcroft’s commence- others have coyly and carefully im- government. He speaks passionately about ment address at Bob Jones University. In it, plied. He says, and I quote what is es- how his politics are shaped by his deeply he declared that Jesus is a higher authority sentially the thesis statement of his held religious beliefs. than Caesar. That sent some fundamentalist Now: If his name is Lieberman and he is church-state separationists into apoplexy. testimony before the Judiciary Com- Jewish, his nomination evokes celebration. This proved, said Barry Lynn, the executive mittee: ‘‘The long history of Senator if his name is Ashcroft and he is Christian, director of Americans United for Separation Ashcroft’s identification with and ap- his nomination evokes a hue and cry about of Church and State, that Ashcroft ‘‘has lit- proval of the political agenda of reli- ‘‘divisiveness’’ and mobilizes a wall-to-wall tle or no appreciation for the constitutional gious, right-wing extremism in this liberal coalition to defeat him. separation of church and state’’ and thus is country convinces me that he is ut- Just two months ago I addressed a gath- disqualified from serving as attorney gen- terly unqualified and must be assumed ering of the Jewish Theological Seminary ar- eral. guing that the Lieberman candidacy—the al- What Ashcroft did was not merely to state to be unreliable for such a trust.’’ most universal applause his nomination re- the obvious—that the American experiment Let me quote that point again: ‘‘The ceived, the excitement he generated when he has always recognized its source in the tran- long history of Senator Ashcroft’s spoke of his religious faith—had created a scendent—but to restate in his own identification with and approval of . . . new consensus in America. Liberals have vernacular what Joe Lieberman had been religious, right-wing extremism in this long vilified the ‘‘religious right’’ for mixing saying up and down the country throughout country convinces [Professor Dunn] faith and politics and insisting that religion the summer and fall. that he is utterly unqualified and must has a legitimate place in the public square. It was a great day when Joe Lieberman be assumed unreliable for such a No longer. The nomination of Lieberman to was nominated. and it was even greater that the second highest office in the country by he publicly rooted his most deeply held po- trust.’’ the country’s liberal political party would litical beliefs in his faith. It is rather ironic That is about as baldly as the matter once and for all abolish the last remaining that we now need to go through that same can be put, John Ashcroft is ‘‘utterly significant religious prejudice in the coun- process for Ashcroft’s constituency of co-be- unqualified’’ and ‘‘unreliable’’ because try—the notion that highly religious people lievers. When the Senate confirms him, we of his ‘‘religious, right-wing extre- are unfit for high office because they confuse will have overcome yet another obstacle in mism.’’ theology with politics and recognize no America’s steady march to religious tolera- As if the name-calling were not boundary between church and state. After tion. enough, to make this an even more Lieberman, liberals would simply be too em- Mr. HATCH. Mr. President, let me barrassed to return to a double standard. stunning assertion, the case Professor How wrong I was. The nomination of a pas- point to just a few instances of these Dunn offers to prove this perceived sionate and devout Christian for attorney amazing attacks on Senator Ashcroft, ‘‘extremism’’ is that John Ashcroft was general set off the old liberal anti-religious made on largely religious grounds, the ‘‘principal architect’’ of the so- reflexes as if Joe Lieberman had never ex- since he was nominated. In fairness to called ‘‘charitable choice’’ legislation isted. my colleagues in the Senate, they have which was passed by the Congress and Of course, the great anti-Ashcroft revolt is tried to draw a distinction between the signed by President Clinton in 1996. not framed as religious. The pretense is that liberal pressure groups’ attacks on it is about issues. Hence this exchange dur- To suggest that duly passed legisla- ing John Ashcroft’s confirmation hearing: Senator Ashcroft’s religious views and tion, adopted by two branches of gov- Sen. PATRICK LEAHY: ‘‘Have you heard any my colleagues’ questioning into his ernment controlled by different polit- senator, Republican or Democrat, suggest ‘‘values’’ or ‘‘beliefs.’’ But their whole- ical parties is outside the mainstream that there should be a religious test on your sale adoption of the rest of the liberal is simply ludicrous, and suggests that confirmation?’’ interest group critique of John the one outside the mainstream is not JOHN ASHCROFT: ‘‘No senator has said ‘I Ashcroft does suggest a connection be- Senator Ashcroft, but rather his crit- will test you.’ But a number of senators have said, ‘Will your religion keep you from being tween the objections, despite a gen- ics. This is a point that could be made able to perform your duties in office?’ ’’ erally more guarded rhetoric. However, on a number of policy fronts. Sen. LEAHY: ‘‘All right, well, I’m amazed at I was disappointed that just this morn- This critique is particularly odd that.’’ ing one of our colleagues was quoted in when both major-party presidential At the clumsiness, perhaps. No serious pol- The New York Times as saying, ‘‘he be- candidates have been talking up the itician is supposed to admit openly that lieved Mr. Ashcroft’s ‘fundamental be- concept of charitable choice very re- Ashcroft’s religion bothers him. The reli- liefs and values’ would conflict with gious test that is implied is not just un- cently in their campaigns. American, it is grossly unconstitutional. the attorney general’s responsibility to I am disappointed when policy dis- The ostensible issues are abortion and ra- enforce the law.’’ NY Times, Feb. 1, agreements deteriorate into name-call- cial preferences, both of which Ashcroft fun- 2001. ing, but considering the source I am

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1245 particularly disappointed. I would hope a number of churches, including the ciple has priority for him. I think this that the United States Senate would Catholic church. What is striking and moves dangerously close to the line of never countenance such attacks in the chilling about this attack is the impli- imposing a religious test on a nominee. consideration of this, or any other, cation that anyone who holds this be- Oddly, to justify questions approach- nominee. I hope no weight will be given lief, including believing members of ing this line, one Judiciary Committee to such intemperate vitriol, nor more many churches, including the millions member suggested that is was perfectly guarded attacks made in the same spir- of believing Catholics, are unfit for the appropriate to inquire whether a Quak- it. I hope that none of my colleagues office of Attorney General because of er could faithfully discharge the office would join in such attacks, whether ex- their ‘‘extreme positions.’’ Surely, the of Secretary of Defense. I am not sure plicitly stated or couched in more care- Senate cannot take the position that we should be so blithely assured that it ful language. faithful Americans who adhere to the is appropriate to inquire about a nomi- I am glad that at least Professor pro-life doctrines of their churches, or nee’s religious beliefs and then judge Dunn’s clear statement can put to rest even those who are pro-life on secular that nominee based on what we think the question of whether Senator grounds, are unfit for office because of their religion requires of them. That Ashcroft is being attacked in part on this view. robs the individual conscience of its his religious beliefs. Dunn is not alone, Where all of this leads is down one of freedom and robs the executive of the either. For example, Barry Lynn, of two roads. Either the political views of choice of cabinet team based on a Sen- Americans United for Separation of about half of the country—including a ator’s own projection of what a nomi- Church and State, in attacking Sen- duly elected pro-life President—make nee’s religious code ought to be. Per- ator Ashcroft’s nomination also cites one unfit for office, which clearly can- haps we can ask a nominee the general charitable choice—again, a law adopted not be right in a democracy. Or reli- question whether there is anything by two branches of government con- gious people who actually believe their that would keep them from fulfilling trolled by two different parties—as an religions are unfit for public office, their duties, but I do not think it ap- instance of Ashcroft’s ‘‘extreme which clearly cannot be right in a tol- propriate to assume that someone is views.’’ And to underscore the broader erant and pluralistic society founded in unfit for a job because we have pre- point, Lynn points to the apparently part on religious freedom. conceptions about what their sect be- decisive fact that ‘‘Religious Right Or there is a third path. That path is lieves and then criticize them if their leaders find Ashcroft’s fundamentalist the one John Ashcroft’s opponents answers do not fit our preconceptions Christian world view and his far-right have added most recently to counter of what they should believe. We need to political outlook appealing.’’ Let us be his assurances that he will follow the tread very carefully here. We would do clear here: the charge is guilt by asso- law, even where he disagrees with it. well in such matters to give the benefit ciation with religious people. That path is to try to brand as a liar a of the doubt to the nominee. We have As a number of my colleagues have person who, while disagreeing on pol- certainly given the benefit of the doubt suggested that the nominee might icy, promises to honor the law as the to the last president when we had want to apologize for some of his asso- policy-makers have made it. This path qualms about the quality or creden- ciations or take the opportunity to dis- attacks the very notion of dis- tials of some of his nominees, or their sociate himself from them, I would in- passionate analysis and even-handed policy positions. But we owe a special vite my colleagues to show a similar application of the law. duty to resolve doubts in favor of a indignation for these attacks on people Besides undermining our basic as- nominee when questions stem from our of faith, and dissociate themselves sumptions supporting the rule of law, assumptions about a nominee’s reli- from these intolerant statements, un- this position raises two additional ob- gious beliefs, especially in the face of less they too would like their silence to jections. First, it unfairly puts the the nominee’s contradiction of our as- be considered approval of such intoler- nominee in a lose-lose position where sumptions. ance. Perhaps there needs to be greater he cannot ever win the argument be- Mr. President, I think we would all sensitivity shown here. cause if he disagrees with his oppo- do well to remember what we know In addition to such explicit attacks, nents on policy he is branded a dan- about John Ashcroft, and not be influ- others attack Senator Ashcroft be- gerous extremist, but if he disarms the enced by a caricature painted by those cause his religious beliefs can be policy dispute by acknowledging his extreme groups whose distortions of viewed as diverging from the legal re- role as enforcer of policy made by oth- this honorable man are driven largely sults favored by far left liberal interest ers, his veracity is called into question. by their own narrow political interests. groups. There seems to be no way to satisfy We know him to be a man of integrity, For example, in the area of abortion, these critics without violating the oath a man of his word. A man who reveres Ms. Gloria Feldt, the President of to uphold the law; they seem to want a American constitutionalism, democ- Planned Parenthood Federation of promise that he will make up new lib- racy, pluralism, and equality before America criticized Senator Ashcroft eral law in his enforcement position. the law. We know John Ashcroft is the for ‘‘his belief that personhood begins Besides being little more than a des- sort of person whose word is his bond. at fertilization,’’ saying ‘‘his actions perate attempt to justify opposition And if his religion is relevant, it speaks and statements over time with regard under any circumstances, this path for him as a person who will discharge to choice and family planning rep- leads to a second, and more chilling re- the office of Attorney General with resent no mere commentary on policy sult for religious tolerance, namely honor and dignity, with impartiality, decisions of the day, but rather illus- that of Senator’s judging a nominee on according to the law established by the trate deeply held beliefs that put him the basis of their views of the nomi- constitutional process he reveres. at odds with the overwhelming major- nee’s religious faith and that faith’s I think if we examine our hearts, we ity of Americans.’’ She went on to priorities. John Ashcroft responds to will find nothing that disqualifies him argue that his view is ‘‘one of the most those who criticize him for his beliefs to be Attorney General. And we can- extreme positions among those who op- about abortion and the beginning of not, in good conscience, say that all pose a woman’s right to make her own life, for example, by stating that his re- those Americans who believe as he does reproductive choices, John Ashcroft ac- ligion requires him to follow the law as are outside the mainstream of Amer- tually believes that personhood begins written when he is filling an enforce- ican opinion. No, they are solidly with- . . . at the moment that sperm meets ment role, and his oath to do that will in the history of American pluralism egg, the moment of fertilization.’’ be binding on him. Those who chal- and freedom, including religious free- Well, call it extreme if you will—that lenge his veracity on this point are dom. We know John Ashcroft will word is a hobby horse of the far left lib- picking and choosing which of Senator faithfully discharge his duties and eral groups who oppose this nominee— Ashcroft’s religious beliefs they feel honor his oath of office, sworn as he but I understand that is the position of are genuine or which religious prin- points out ‘‘so help [him] God.’’ And we

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1246 CONGRESSIONAL RECORD—SENATE February 1, 2001 know this no matter what the liberal rate has remained at a dismal 30 per- Just last session, Senator Ashcroft pressure groups assert. I hope we will cent. authored and introduced S. 486, a com- similarly honor our oaths, rejecting To question Senator Ashcroft’s integ- prehensive bill that attacked the meth- what has become in essence a religious rity over such a complicated and con- amphetamine problem on several test for this nominee, and vote to con- troversial issue is to seriously distort fronts, including the prevention and firm this honorable man to the post of his record and disbelieve his sworn tes- treatment fronts. S 486 was a balanced Attorney General. timony. drug bill that contained significant and My colleague Senator KENNEDY sug- Senator Ashcroft acted with great innovative prevention and treatment gests that to oppose court-ordered bus- probity as a representative of the State provisions. For example, the bill: (1) ing makes a person against integra- of Missouri. He supports integration Expanded the National Drug Abuse tion. But nothing could be farther from and deplores racism. Treatment Clinical Trials Network the truth. I think most people highly As one who feels very strongly about which conducts research and clinical abhor racial segregation. However, the drug issues, I am pleased to say I have trials with treatment centers relating remedy for such segregation is ex- been working with Senator LEAHY on to drug abuse and addiction and other tremely controversial. Mr. Bob Wood- legislation dealing with drug treat- biomedical, behavioral and social son testified that a significant major- ment and prevention, and we are going issues related to drug abuse and addic- ity of African-Americans opposes bus- to get that done this year. tion; (2) authorized $10 million in I feel compelled to respond to some ing for integration. And it is no won- grants to States for treatment of meth- of the criticism launched at Senator der, given that many of these programs amphetamine and amphetamine addic- Ashcroft yesterday regarding his have been a dismal failure. They may tion; (3) authorized $15 million to fund stance on drug treatment. Some have have moved some children out of city grants to public and nonprofit private questioned Senator Ashcroft’s dedica- schools, but they have done little to tion to investing in drug prevention entities to carry out school-based and improve inner-city schools. and treatment programs in the battle community-based programs concerning I would like to address several alle- against drug abuse and addiction. the dangers of abuse of and addiction gations that continue to be made relat- Indeed, yesterday when giving a to methamphetamine and other illicit ing to Senator Ashcroft’s involvement statement in opposition to Senator drugs; and (4) required HHS to conduct with school desegregation cases in Mis- Ashcroft, one Senator suggested that a study on the development of medica- souri. First, let me say that I do not in Senator Ashcroft opposed investing in tions for the treatment of addiction to the least condone segregation in St. drug treatment. That simply is not amphetamine and methamphetamine. Louis or Kansas City or anywhere else. true. Senator Ashcroft’s record in the Another important treatment provi- It is a shameful legacy that must be Senate proves that he placed a lot of sion, included in S. 486, offered an inno- dealt with appropriately. faith in drug prevention and treat- vative approach to how drug addicted Second, while the costs of the deseg- ment. patients could seek and obtain treat- regation program were exorbitant, this He has always believed, as do many ment by creating a decentralized sys- is not the only criticism to be made of of us, that America’s drug problems tem of treating heroin addicts with a the plans. The primary argument re- can only be conquered through a com- new generation of antiaddiction medi- peatedly made by Senator Ashcroft is prehensive, balanced approach con- cations. This provision, which was that the State was never found liable sisting of interdiction and law enforce- added to S. 486 and was fully supported for an inter-district violation. ment efforts as well as prevention and by Senator Ashcroft, was taken from a Senator KENNEDY has referred to an treatment. bill introduced by myself and Senators 8th Circuit decision that he argues It is true that in 1998, Senator LEVIN and BIDEN. I am sure Senator found the State of Missouri guilty of Ashcroft called on the Clinton adminis- LEVIN would agree that Senator an inter-district violation. But a cir- tration to continue the ban on federal Ashcroft’s sponsorship and support for cuit court cannot make such a factual funding for clean-needle programs, this very provision, not to mention the finding. Rather, this is a finding that stating ‘‘the nation’s leaders have a countless other provisions included in must be made only by a trial court. fundamental responsibility to call the bill, demonstrate this commitment The fact that the State was never Americans to their highest and best.’’ to utilizing and funding effective pre- found liable for an inter-district viola- Providing clean needles to drug ad- vention and treatment programs in the tion is shown by the fact that through- dicts, Senator Ashcroft reasoned, was fight against illicit drug abuse and ad- out 1981 and 1982, the parties were pre- analogous to ‘‘giving bullet proof vests diction. Senator Ashcroft’s record paring for trial on the very question of to bank robbers.’’ He argued that such proves he believes in prevention and inter-district liability. a policy would ‘‘hurt kids, tear apart treatment programs and his views on So again, I emphasize that it is true families, and damage the culture.’’ one particular, and I must say con- and correct to say that the State was Senator Ashcroft went on to state that troversial, form of a treatment pro- never found liable for an inter-district providing needles to addicts ‘‘is accom- gram. violation. modating us at our lowest and least.’’ There are so many things I could Although the State was not found In light of the fact that heroin use bring up that have been distortions, liable for an inter-district violation, it among eighth graders had doubled and misrepresentations, and downright was required by the district court to that marijuana use was up 99 percent falsehoods stated on this floor and in pay for a settlement reached by the at the time when the Clinton adminis- our committee about Senator suburbs and the City of St. Louis. This tration was considering lifting the ban Ashcroft—especially by outside groups. order by the district court was likely on federal funding for needle exchange The sheer volume is mind-boggling to unconstitutional under the Supreme programs, Senator Ashcroft concluded me. Court’s decision in Milliken. that ‘‘America deserve[d] better,’’ and I recall the Golden Rule of ‘‘do unto Opposing these court orders for a that its leaders needed to set ‘‘a higher others as you would have them do unto plan that was constitutionally suspect, standard than providing clean needles you.’’ expensive, and ineffective, does not for drug users.’’ I wonder how many people would like make Senator Ashcroft an opponent of Some have mischaracterized Senator to be treated like Senator Ashcroft has desegregation. Ashcroft’s record on drug treatment. I been treated by some of our colleagues Indeed, the plan as implemented has have complete confidence in saying here and some of these outside groups, been a dismal failure. Test scores actu- that the majority of Americans agree distorting his record, trying to make ally declined from 1990 to 1995. Scores with Senator Ashcroft. Providing drug him look bad—all in the good name of on the standard achievement test went addicts with clean needles is not the politics. I think it is wrong. Buddhists from 36.5 to 31.1 at a time when the na- most effective drug prevention or say it another way. Buddhists say, ‘‘Do tional mean was 50. And the graduation treatment. as you would be done by.’’ It is very

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1247 similar. Do unto others as you would well, it could be argued. But he didn’t. But there are some who believe that. I have them do unto you. He did not do what others are doing to am not sure it is not true. Is it because How many of us would like to be him. they are sending a message that no treated like this? Here is a man who When I see these outside groups, I conservative who believes in the right was elected attorney general of his welcome them because it is the first to life should ever be Attorney Gen- State, who did his best to do that job, time we have seen them in 8 years. eral? Or even more, should never be on who enforced laws he didn’t agree with. Isn’t that interesting? They seem to the circuit courts or supreme court of And he has a record that can be shown. react and get into action only when this land? Is that what we are doing? I He was selected by his peers—the other there is a Republican President. I won- believe some are doing it for that rea- 49 attorneys general of the United der why that is the case. son. I know some of the outside groups States of America—to head the Na- I respect their right to advocate. I re- are doing it for that reason. I know tional Attorneys General Association. spect their point of view even though I they are trying to get as many votes And we have people here saying he don’t agree with many of them. I re- against John Ashcroft so they can should not be Attorney General of the spect their right to come in and state claim a victory, even though John United States. that point of view. Ashcroft is going to be the next Attor- You don’t get elected by 49 other But I resent the way they have done ney General of the United States. I state attorneys general—Democrats it. I resent the way they have picked guess they want to undermine him and Republicans—unless you are a on John Ashcroft. I resent the unfair from day 1. They got the wrong guy. quality person. What is more, he be- tactics. I resent the distortions of his This is a fellow who will do what he came Governor of the great State of record. Boy, it has been distorted. I thinks is right, and by and large will be Missouri for 8 years. As Governor of think we all resent it. right. Everybody in this body admits the State of Missouri, he also became Let he who is without sin cast the he would be a great law enforcement the head of the National Governors’ first stone. Attorney General. Association elected by the other 49 Isn’t it amazing that only during Re- The fact is, they know he is tough on Governors. I submit that you don’t get publican Presidencies we have all these crime. After all, that is one of the elected chairman of the National Gov- groups coming out of the woodwork? I things we are all worried about. People ernors’ Association unless you are a guess they can say it is because Repub- are scared to death in this land today quality individual, of great substance, licans don’t agree with them. because we have allowed drugs to per- fair and decent, and you surely would That is what makes this country vade the land. We have allowed crimi- not get elected if you were against de- great. We don’t all have to agree. nality to pervade the land. We haven’t segregation. There is no way. Let me put it bluntly. Is it getting to been as tough as we should be. We have Then he served 6 years in this Senate the point where only pro-choice people illicit use of guns in this land because and I have never heard one person in can serve in as Attorney General of the we are not enforcing the laws. Instead this body say that he is not a man of United States? Do we have a litmus of going after those who misuse the integrity, decency, and honor. test that says that we have to reject guns, they have been complaining Do unto others as you would have highly qualified individuals who be- about guns themselves. I would rather them do unto you. lieve otherwise, but who will enforce attack the problem in a responsible I have never seen treatment like this the law as it exists? Is that where we and intelligent way. Let he who has of a worthy colleague. I have never are going in this country? Or are we not sinned cast the first stone. Do unto seen treatment like this of somebody going to continue to distort his record others as you would have them do unto who has spent a lifetime living his be- on guns? John Ashcroft has a sterling you. liefs and doing what is right. record on getting tough with criminals I hope we don’t have another nomi- Of the 69 Attorneys General of the who use guns. That is the way to end nee that goes through this, a person of United States, John Ashcroft has more the misuse of guns in this society—get decency and honor. I hope whether he qualifications than all but a handful; tough on those who misuse them. or she is a Democrat or Republican, some say more qualifications than any There would be a lot less crime. But they will have a little more class than one who has been Attorneys General. I no, if we don’t agree with certain anti- we have had displayed in this matter. I will not go that far. But there is only gun groups and we just ignore the his- hope my colleagues on the other side a handful that have at least some of tory of the second amendment com- will vote for John Ashcroft because it the qualifications that John Ashcroft pletely, we are not worthy of being At- is the right thing to do. We should has. torney General. never get into these name-calling con- Think of what Senator Ashcroft’s To have his record distorted when he tests and distort people’s records, espe- critics are doing to the State of Mis- has been a forthright, strong proponent cially someone of the quality of John souri in the arguments that have been of tough anticrime laws against those Ashcroft, and a colleague at that. made here. Why, you would all have to who misuse guns, it is a disgrace. Mr. President, I rise today to speak imply that the people of Missouri just Desegregation: Sometimes in the law in strong support of President Bush’s have no brains to elect somebody as vi- we can differ and have a good case and nominee for Attorney General, our cious, as violent, and as awful as John we might lose. But that doesn’t mean former colleague, John Ashcroft. Sen- Ashcroft, when it is completely the the case wasn’t good. If you look at the ator Ashcroft will be one of the most other way. I commend the people of record of court-ordered desegregation qualified Attorney Generals in our his- Missouri for having the brains to have in St. Louis and Kansas City, it didn’t tory. Unfortunately, he has also been somebody of that quality serve them as work. The people hurt the worst were the target of one of the most vicious attorney general, Governor, and Sen- the people in the inner cities of St. and unrelenting smear campaigns in ator. Louis and Kansas City. It cost $1.8 bil- our history, and it is with that in mind Look at the way he handled his de- lion, which John thought was a raid on that I feel compelled to set the record feat—with decency; much more than the State treasury. The State was straight and describe at length, the has been shown to him—consideration, never found liable for interdistrict seg- real facts and the real qualifications of and kindness. And we are happy to wel- regation. Those are important points. someone I think this country will be come our new colleague from Missouri I want Members to think about it. very fortunate to have serve as our At- because of John Ashcroft’s gracious Why would anybody in this body say torney General. concession and because she is a great some of the things that have been said Mr. President, much of the debate person to boot. But Senator Ashcroft about John Ashcroft? Is it because they over the nomination of John Ashcroft could have contested the election. The want to make John Ashcroft the new has focused on issues tangential to the loss of a Senate race has to be per- Newt Gingrich so they can raise funds core mission of the Department of Jus- sonal. There are other legal aspects as for reelection? I certainly hope not. tice. The Senate would be well-served

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1248 CONGRESSIONAL RECORD—SENATE February 1, 2001 to consider the Ashcroft nomination in civil right is personal safety. The At- ecutors and agents to increase the fed- light of the duties of the Attorney Gen- torney General is America’s chief law eral prosecution of criminals who use eral. When this debate is placed in the enforcement officer, and managing the guns. proper perspective, it becomes even Criminal Division is the most impor- In addition, Senator Ashcroft au- more obvious how qualified Senator tant aspect of the Attorney General’s thored legislation to prohibit juveniles Ashcroft is to be the next Attorney duties. The Criminal Division oversees from possessing assault weapons and General of the United States. thousands of federal agents and is high-capacity ammunition clips. The The Department of Justice was es- charged with, among other things, in- Senate overwhelmingly passed the tablished by Congress in 1870. It is the vestigating and prosecuting drug deal- Ashcroft juvenile assault weapons ban largest law firm in the United States, ers, illegal gun traffickers, bank rob- in May of 1999. with 123,000 employees and an annual bers, child pornographers, computer Senator Ashcroft voted for legisla- budget of approximately $21 billion. hackers, and terrorists. The Criminal tion that prohibits any person con- Through its thousands of lawyers, Division has a visible and tangible ef- victed of even misdemeanor acts of do- agents, and investigators, the Justice fect on the lives of all Americans. mestic violence from possessing a fire- Department plays a vital role in fight- I have no doubt that, given his exten- arm, and he voted for legislation to ex- ing violent crime and drug trafficking, sive experience as a public servant, tend the Brady Act to prohibit persons ensuring business competition in the Senator Ashcroft understands and ap- who commit violent crimes as juve- marketplace, enforcing immigration preciates the mission of the Criminal niles from possessing firearms. In order and naturalization laws, and protecting Division. Throughout his long career as to close the so-called ‘‘gun show loop- our environment. Consider the fol- Missouri Attorney General, Missouri hole,’’ Senator Ashcroft voted for legis- lowing major components of the Jus- Governor, and United States Senator, lation, which I authored, to require tice Department in light of the quali- Senator Ashcroft has been a strong ad- mandatory instant background checks fications of Senator Ashcroft: vocate of tough and effective criminal for all firearm purchases at gun shows. The Civil Rights Division was estab- law enforcement. In order to maintain tough federal lished in 1957 to secure the effective en- Perhaps the greatest threat facing penalties, Senator Ashcroft sponsored forcement of civil rights for all Ameri- our nation today is the scourge of ille- legislation to require a five-year man- cans. Attorneys in the Civil Rights Di- gal drugs. For years, Senator Ashcroft datory minimum prison sentence for vision enforce federal statutes that has been a leader in the fight against federal gun crimes and for legislation prohibit discrimination on the basis of illegal drugs. In 1996, Senator Ashcroft to encourage schools to expel students race, gender, disability, religion, and helped enact the Comprehensive Meth- who bring guns to school. Senator national origin. In order to enforce amphetamine Control Act, which in- Ashcroft voted for the ‘‘Gun-Free these landmark laws, the Civil Rights creased penalties for the manufacture Schools Zone Act’’ that prohibits the Division engages in a variety of litiga- and trafficking of methamphetamine. possession of a firearm in a school tion to fight discrimination in employ- Senator Ashcroft also helped enact fed- zone, and he voted for legislation to re- ment, housing and immigration. In eral laws that increased mandatory quire gun dealers to offer child safety particular, the litigation brought by minimum sentences for methamphet- locks and other gun safety devices for the Civil Rights Division under the amine offenses and authorized courts sale. I have no doubt that with John Voting Rights Act has had a profound to order persons convicted of meth- Ashcroft as Attorney General, the Jus- influence on the electoral landscape in amphetamine offenses to pay for the tice Department will target and pros- the last three decades. As Senator costs of laboratory cleanup. Last year, ecute gun crimes with unprecedented Ashcroft emphatically stated at his Senator Ashcroft authored legislation zeal. confirmation hearing: ‘‘No part of the to target additional resources to local To his credit, Senator Ashcroft un- Department of Justice is more impor- law enforcement agencies to fight derstands that the vast majority of tant than the Civil Rights Division.’’ criminal law enforcement takes place Senator Ashcroft’s record proves that methamphetamine. Senator Ashcroft also understands at the state and local level. Given his he believes in the mission of the Civil that drug treatment and prevention Rights Division. He vigorously en- tenure as Missouri Attorney General are vital components of an effective forced civil rights laws as the Attorney and Governor, Senator Ashcroft appre- drug strategy. In last year’s meth- General and Governor of Missouri. He ciates the important role that the fed- signed Missouri’s first hate crimes amphetamine legislation, Senator eral government can play in supporting statute. Not content to wait for the Ashcroft included funding for drug edu- state and local authorities by pro- legislature to act, John Ashcroft made cation and prevention programs, in- viding resources and training. He also Missouri one of the first States to rec- cluding resources for school-based anti- understands that the Justice Depart- ognize Martin Luther King Day by methamphetamine initiatives. As At- ment should provide such support with- issuing an executive order. He also led torney General and Governor of Mis- out intruding into traditional areas of the fight to save Lincoln University, souri, Senator Ashcroft increased fund- state sovereignty. the Missouri university founded by Af- ing for anti-drug programs by almost In the Senate, Senator Ashcroft rican-American Civil War veterans. 40%, the vast majority of which was for steadfastly supported state and local Furthermore, as the Chairman of the education, prevention and treatment. law enforcement. He won enactment of Constitution Subcommittee in the Sen- Senator Ashcroft has also made clear a bill that extends higher education fi- ate Judiciary Committee, Senator that prosecuting gun crimes will be a nancial assistance to spouses and de- Ashcroft held the first hearing on ra- top priority of the Ashcroft Justice De- pendent children of law enforcement cial profiling in the history of Con- partment. Unfortunately, gun prosecu- officers killed in the line of duty. He gress. When asked at his confirmation tions have not always been a priority was the principal proponent of the hearing about his priorities for the for the Department of Justice. For ex- ‘‘Care for Police Survivors Act,’’ a Justice Department, Senator Ashcroft ample, between 1992 and 1998, prosecu- measure that increases benefits to the cited the abolition of racial profiling as tions of defendants who use a firearm survivors of public safety officers one of his top two priorities. in the commission of a felony dropped killed in the line of duty. Along with I ask my colleagues to look to Sen- nearly 50 percent, from 7,045 to ap- Senator BIDEN, Senator Ashcroft co- ator Ashcroft’s record and ignore the proximately 3,800. In the Senate, John sponsored legislation to reauthorize propaganda generated by extremist Ashcroft was one of the leaders in the COPS program. lobbying groups. Under attorney Gen- fighting gun crimes. To reverse the de- In addition, Senator Ashcroft cospon- eral Ashcroft, the Civil Rights Division cline in gun prosecutions by the Jus- sored the ‘‘Local Law Enforcement En- will be in good hands. tice Department, Senator Ashcroft hancement Act of 1995.’’ This act allo- Senator Ashcroft stated at his con- sponsored legislation to authorize $50 cated $1 billion to state and local law firmation hearing that the paramount million to hire additional federal pros- enforcement to update and computerize

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1249 criminal records, automated finger- As Missouri Attorney General, John to protect the natural resources of the print systems, and DNA identification Ashcroft aggressively enforced that state from environmental harm.’’ operations. John Ashcroft also cospon- state’s environmental protection laws. In Attorney General Opinion No. 189, sored the ‘‘21st Century Justice Act’’ To cite but a few examples, Attorney Attorney General Ashcroft issued an which included Violent Offender Incar- General Ashcroft brought suit to pre- opinion that Missouri’s cities and ceration and Truth-in-Sentencing In- vent an electric company from causing counties had the authority to require centive Grants. These grants have pro- oxygen levels in downstream waters to that all solid waste be disposed of at vided federal resources to States to harm fish. He also sought to recover approved solid waste recovery facili- build prisons to incarcerate violent and damages from the electric company. ties, rather than be buried in landfills. repeat offenders. Given his record, it is Attorney General Ashcroft brought a In rendering his opinion, Attorney no surprise that law enforcement successful action against the owner of General Ashcroft gave credence to the groups such as the Fraternal Order of an apartment complex for violations of arguments that ‘‘recycling of solid Police, the National Sheriff’s Associa- the Missouri Clean Water Law relating wastes results in fewer health hazards tion, the International Association of to treatment of waste water, and he and pollution problems than does dis- Chiefs of Police, the National District sued the owner of a trailer park for vio- posal of the same types of wastes in Attorneys Association, and the Na- lations of the Missouri Clean Water landfills’’ and that ‘‘public welfare is tional Association of Police Organiza- Law. better served by burning solid wastes tions are united in their support for As Missouri Attorney General, Sen- for generation of electricity, thus con- Senator Ashcroft’s nomination. ator Ashcroft also filed numerous serving scarce natural resources.’’ To The Civil Division represents the briefs in the United States Supreme those who have irresponsibly charged United States government, including Court that advanced environmental that Senator Ashcroft will not enforce executive departments and agencies, in protections. For example: our environmental laws, I say this: civil litigation. First and foremost, the In Pacific Gas & Electric Co. v. State Look at his record. Civil Division defends the constitu- Energy Resources Conservation & De- Mr. President, there are other offices in the Justice Department that are tionality of federal statutes, regula- velopment Commission, Attorney Gen- also very important. In the interest of tions, and executive orders. The Civil eral Ashcroft filed a brief supporting a time, however, I have focused on a se- Division also litigates complex com- California law that conditioned the lect few. My point today is a simple mercial cases. This litigation is espe- construction of nuclear power plants one—when this nomination is consid- cially important for property rights be- on findings that adequate storage and ered in light of the mission of the De- cause the Civil Division represents the disposal facilities are available. partment of Justice, it becomes appar- federal government against claims that In Sporhase v. Nebraska, Attorney ent how well-qualified John Ashcroft is private property was taken for public General Ashcroft endorsed the State of use without just compensation. In ad- to be Attorney General. Nebraska’s effort to stop defendants In addition to placing in the record dition, the Civil Division represents from transporting Nebraska ground- the federal government in consumer Senator Ashcroft’s eminent qualifica- water into Colorado without a permit. litigation under various consumer pro- tions, I would also like to correct the In Baltimore Gas & Electric Co. v. record surrounding a number of issues tection and public health statutes. Natural Resources Defense Council, Senator Ashcroft’s experience as the that have been raised by his critics. As Inc., Attorney General Ashcroft filed a Attorney General of Missouri prepared Senator SESSIONS has said, Senator brief supporting the Natural Resources him well to oversee the Civil Division. Ashcroft has been called ‘‘divisive’’, Defense Council’s position on tougher John Ashcroft established the Con- but that has been a result of a carica- sumer Affairs Division in the Missouri environmental regulations relating to ture created by extremist lobbying Attorney General’s office. He brought storage of nuclear wastes. groups who have spared nothing to de- As Missouri Attorney General, John many consumer protection actions, in- monize him. Webster includes in its Ashcroft issued numerous legal opin- cluding odometer tampering cases and definition of ‘‘caricature’’, ‘‘a likeness financial pyramid schemes. In Illinois ions that furthered the enforcement of or imitation that is that is so distorted v. Abbott & Associates, Inc., Attorney environmental laws. I would like to de- or inferior as to seem ludicrous.’’ The General Ashcroft filed a brief in the scribe a few of these formal opinions. portrait of John Ashcroft that has been United States Supreme Court sup- In Attorney General Opinion No. 123–84, painted by the People For the Amer- porting the right of state attorneys Attorney General Ashcroft issued an ican Way and other like-motivated general to conduct antitrust investiga- opinion that underground injection people and organizations is ludicrous. tions. In the Senate, John Ashcroft wells constitute pollution of the waters They describe a man that I do not rec- helped enact legislation to combat of the state and are subject to regula- ognize as John Ashcroft. Unlike their telemarketing scams against senior tion by the Missouri Department of demonization, the real John Ashcroft citizens. Natural Resources under the state’s has the character and the intelligence As Missouri Attorney General, Sen- Clean Water Act. Attorney General to be a great Attorney General. ator Ashcroft defended the constitu- Ashcroft also opined that it would be Before addressing some of the unfair tionality of state laws. In 1993, he per- unlawful to build or operate such a attacks leveled against Senator sonally argued a case before the United well unless a permit had been obtained Ashcroft, I should say a word or two on States Supreme Court in defense of the from the Clean Water Commission. standards. We have heard much discus- constitutionality of a Missouri statute. In Attorney General Opinion No. 67, sion about the appropriate standard of Few nominees for Attorney General Attorney General Ashcroft issued an ‘‘advise and consent’’ that we should have been so qualified to oversee the opinion that operators of surface mines apply to the President’s Cabinet nomi- Civil Division. must obtain a permit for each year nees. Unfortunately, many people, Created in 1909, the Environment and that the mine was un-reclaimed. In knowing that opposing Senator Natural Resources Division is the Na- reaching this opinion, Attorney Gen- Ashcroft on ideological grounds would tion’s chief environmental lawyer. It is eral Ashcroft determined that the oper- be unprecedented, appear to be manipu- responsible for litigating cases ranging ator of the mine must have a permit lating this standard so as to mask from the protection of endangered spe- continuously from the time mining op- their true reasons for opposing this cies to the clean-up of hazardous waste erations begin until reclamation of the nomination. And those reasons, I must sites. In addition to prosecuting envi- site is complete. Attorney General say, are purely ideological. Prodded, ronmental crimes, the Environment Ashcroft concluded that the contin- and perhaps in some cases even threat- and Natural Resources Division en- uous permit requirement facilitated ened, by assorted left-wing extremist sures that federal environmental laws Missouri’s intention ‘‘to protect and groups, those on the other side appear are implemented in a fair and con- promote the health, safety and general to oppose Senator Ashcroft simply be- sistent manner. welfare of the people of this state, and cause he is a conservative.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1250 CONGRESSIONAL RECORD—SENATE February 1, 2001 The standard we should use is that benefit of the doubt. There is no doubt that John Ashcroft will not do what he which was applied to Attorney General about this nominee’s qualifications or said. Of course they would not call him Janet Reno in 1993, and that standard integrity.’’ That is the standard that a liar at least not explicitly, anyway. has three parts. First, by longstanding this Senate has always applied to Cabi- They are saying that, try as he might, tradition in the Senate, we must afford net nominees. As others have noted, he simply cannot enforce the law be- the President a significant degree of over the entire history of the Senate, cause he wants so badly for the law to deference to shape his Cabinet as he this body has voted to reject only 9 say something other than what it actu- sees fit. The election is over, President nominations to the President’s Cabi- ally says. Bush won, and nothing will change net, and only 3 in the 20th Century. In Some who have adopted this view are that fact. Some have suggested that 1993, Republicans applied that tradi- accusing John Ashcroft of changing his because the election was close and divi- tional standard when we unanimously views. They accuse him of having a sive, we should be less deferential with voted to confirm an attorney general ‘‘confirmation conversion.’’ By this respect to Cabinet nominees. Yet, I do nominee whose views on the death pen- they mean that people who take off not recall hearing that suggestion in alty, the Second Amendment, and their legislator’s cap, and put on an at- 1993 after President Clinton won an ex- abortion stood in stark contrast to our torney general’s hat, cannot adapt tremely close and hard-fought election, own. Unless those on the other side from the role of law writer to law en- an election in which he failed to garner wish to engage in rank hypocrisy, this forcer without being insincere. This is a majority of the popular vote. Despite is the standard we should apply to Sen- a ludicrous proposition. John Ashcroft that close election, every Republican ator Ashcroft today. has not undergone a confirmation con- in this body deferred to President Clin- Opponents of Senator Ashcroft have version; he has been the victim of an ton and voted for Attorney General accused him of being unable to set interest group distortion. Reno. aside his opinions on certain laws suffi- Members of this body know some- The second prong of our standard fo- ciently in order to enforce those laws. thing that the public may not: There is cuses on the experience and qualifica- What’s being proposed is to disqualify an unspoken rule that a nominee does tions of the nominee. No one can seri- from high office anyone who has pre- not answer questions in public between ously contend that Senator Ashcroft viously taken a side on a legislative their nomination and their confirma- lacks the experience and qualifications proposal. tion hearing. This is done out of re- to serve as Attorney General. Indeed, It is simply not true that a legislator spect for the Senate—whose job it is, few in our nation’s history have come is so tainted by efforts to change laws after all, to listen to the nominee rath- to the post of Attorney General with that thereafter he or she cannot per- er than the media. But savvy special the qualifications and experience that form the duties of attorney general. interest groups take advantage of this Senator Ashcroft brings. In almost Outside this Chamber, and outside of interim time to wage a war of words thirty years of public service, he has the offices of the left-wing liberal against nominees they dislike. Many of served as a state attorney general, group’s offices, Americans understand those words are exaggerated or unsub- state governor, and United States Sen- that people can take on different roles stantiated attacks. The result can be ator. While Missouri Attorney General, and responsibilities when they are the fabrication of a false public record. he was elected by the other state attor- given different positions. Americans Mr. President, I am asking my fellow neys general to head the National As- know that lawyers can become judges, Senators to resist the temptation to sociation of Attorneys General, while welders can become foremen, engineers label it a ‘‘conversion’’ when a nominee Governor of Missouri, his fellow gov- can become managers, and school simply corrects the misperceptions cre- ernors elected him chairman of the Na- teachers can become school board lead- ated by special interest groups. I am tional Governors’ Association, and ers. And Americans know that a Sen- asking my colleagues to look at John while a United States Senator, he ator, whose job is to propose and vote Ashcroft’s real record, and at his own served four years on the Judiciary on new laws, can become an Attorney words in his confirmation hearings, Committee. By comparison, Attorney General, whose job is to enforce those and in his answers to the voluminous General Reno came to the post as a laws that are duly passed. written questions—rather than relying county prosecutor. Yet, despite con- There aren’t many people who know on the press releases of issue advo- cerns about her qualifications, every as much about the different roles in cates. Republican in this body voted to con- government as John Ashcroft. He has John Ashcroft is committed to en- firm her. been in the executive branch as Mis- forcing the civil rights of all Ameri- The final prong of our standard re- souri Attorney General for 8 years. He cans. He has stated that the Civil quires us to ensure that the nominee has been chief executive as Missouri’s Rights Division is the most important possesses the necessary integrity and Governor for 8 years. And he has been division of the Justice Department and ethics to serve the American people. in the legislative branch as a United that he will make enforcement of civil Here, Senator Ashcroft is above re- States Senator for 6 years. Each of rights a priority during his tenure as proach. He is, by all accounts, a man of these positions have required an under- Attorney General. Contrary to the at- absolute honesty and deep religious standing of the differing roles assumed tacks of his critics, Senator Ashcroft conviction. I know I speak for many of by the three branches of government. has demonstrated his commitment to my colleagues when I say that I knew It is in this context that John equality under the law throughout his President Bush had found the right Ashcroft told us what he will do as At- career. For example, as Governor, he person to enforce the laws of this na- torney General. He said he will enforce signed Missouri’s first hate crimes tion when Senator Ashcroft raised his the laws as written, and uphold the statute into law. He signed Missouri’s right hand and said, ‘‘As a man of Constitution as interpreted by the Su- Martin Luther King Holiday into law faith, I take my word and my integrity preme Court. This is a concise yet pro- and also signed the law establishing seriously. . . . when I swear to uphold found statement about the proper role Scott Joplin’s house as Missouri’s first the law, I will keep my oath, so help of the Attorney General. And it is more and only historic site honoring an Afri- me God.’’ than just a statement, because it is can-American. John Ashcroft led the Mr. President, as the senior senator backed up by the unquestioned integ- fight to save an independent Lincoln from Vermont succinctly stated, albeit rity of John Ashcroft, a man who will University, founded by African-Amer- when the president was a member of do what he says. He will enforce the ican soldiers. He also established an his own party, ‘‘The president should law as it is written, even in those in- award emphasizing academic excel- get to pick his own team. Unless the stances where he would have written it lence in the name of George Wash- nominee is incompetent or some other differently. ington Carver, a wonderful intellectual major ethical or investigative problem Still, some members of this body are role model for all Missouri students. As arises . . . then the president gets the unconvinced. They apparently think Governor, John Ashcroft was presented

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1251 with 9 panels for judicial appointment Ashcroft appointed anyone to that volve a variety of different factual and that contained minority candidates. In board. Indeed, in 1981 a lawsuit was constitutional issues. Perhaps Senator 8 of the 9 instances, Ashcroft appointed filed against the members of the St. Ashcroft made some preliminary state- a minority candidate to fill the post, Louis board concerning the failure to ments that were incomplete, or not and he appointed both of the minority deputize voter registration deputies. fully clear, but when questioned fur- candidates on the 9th panel to judicial The Federal District Court for the ther, he clarified his answers in an ac- positions at a later date. He appointed Eastern District of Missouri explicitly curate and fair manner. Moreover, in many African-Americans to Missouri’s rejected charges of racial animus. The an extended response to a written ques- courts, including David Mason, Jimmy court found that the board properly re- tion, he fully detailed Missouri’s liabil- Edwards, Charles Shaw and Michael fused to deputize volunteers to prevent ity and involvement with the case. Far Calvin, in St. Louis. He also appointed fraud and ensure impartiality and ad- from being misleading, Senator the first African-American judge on ministrative efficiency. Moreover, Ashcroft’s answers get to the heart of the Western Missouri Court of Appeals these conclusions were sustained by the distinctions in the case between in Kansas City, Missouri’s second high- the 8th Circuit, in an opinion by Judge inter- and intra-district liability for est court. This jurist, Ferdinand McMillan, a prominent African-Amer- segregation. Gaitan, now serves on the U.S. District ican jurist. Some complain that Senator Court for Western Missouri. Some have also claimed that then- Ashcroft denied that the state was a He continued this leadership in the Governor Ashcroft refused to appoint a party to the lawsuit, however, the ini- Senate where he convened the only diverse group of commissioners to the tial suit was filed in 1972 and did not Senate hearing on Racial Profiling Election Board. This is simply untrue. make the State a party. Eventually the (March 30, 2000) with Senator FEIN- Mr. Jerry Hunter, the former labor sec- State was made party to the lawsuit in GOLD. During that hearing, Senator retary of Missouri, testified that Sen- 1977 and Senator Ashcroft acknowl- Ashcroft spoke out strongly on the ator Ashcroft worked hard to increase edged this repeatedly in his answers. issue stating that ‘‘[U]sing race broad- black representation on the St. Louis Second, Senator Ashcroft’s critics ly as profiler in lieu of individualized City Election Board, but his efforts argue that Senator Ashcroft denied the suspicion is, I believe, an unconstitu- were stalled by state senators. State’s liability. The State was found Mr. Hunter testified that, ‘‘Governor tional practice.’’ He has supported ef- liable for school segregation in St. Ashcroft’s first black nominee for the forts to study the issue and during his Louis, but only for intra-district seg- St. Louis City Election Board was re- hearing testified that as Attorney Gen- regation within the City of St. Louis. jected by the black state senator, be- eral, he would continue the studies al- The remedy that the district court or- cause that person did not come out of ready underway to examine racial and dered was inter-district, between St. his organization.’’ When then-Governor geographical disparities in death pen- Louis and its suburbs. The State was Ashcroft came up with a second black alty cases. In short, John Ashcroft’s never found liable for the inter-district attorney, this candidate was also re- segregation that would justify such a record demonstrates his ability to lead jected by two black state senators. As far-ranging remedy involving the sub- a Justice Department of which we can Mr. Hunter stated, ‘‘[F]rom the begin- urbs. Then-Attorney General Ashcroft all be proud. ning, any efforts to make changes in John Ashcroft will be committed to was battling against this inter-district the St. Louis City Election Board were enforcing the civil rights laws pro- remedy, and it is fully accurate to say forestalled because the state senators tecting every American’s right to vote that the State was never found liable wanted people from their own organiza- and participate in the political process. for inter-district segregation. tion.’’ Apparently for these state sen- He has done so throughout his career. Third, opponents of Senator Ashcroft ators the political spoils system was unfairly charge that Senator Ashcroft Some who oppose Senator Ashcroft more important than the voters of St. misleadingly stated that he followed have charged that as Governor, John Louis. Ashcroft essentially blocked two bills Finally, some have implied that all court orders in the desegregation that would have required the City of these voter registration issues will cases. Of course, these opponents can- St. Louis Board of Election Commis- make Senator Ashcroft less able to not say that John Ashcroft did not fol- sioners to deputize private voter reg- deal with allegations of voting impro- low the orders, and must admit that istration volunteers. These bills were prieties resulting from the Florida vote John Ashcroft complied with the terms opposed by both democrats and repub- in the presidential election. Yet Sen- of the orders. They can only criticize licans in St. Louis. It was opposed by ator Ashcroft has repeatedly testified, ‘‘his vigorous and repeated appeals.’’ the bipartisan St. Louis County Board ‘‘I will investigate any alleged voting These appeals were undertaken in his of Election Commissioners, the St. rights violation that has credible evi- role as attorney general—as the legal Louis Board of Aldermen President dence. . . . I have no reason not to go representative of the State John Tom Villa, and St. Louis circuit attor- forward, and would not refuse go for- Ashcroft had to consider the State’s ney George Peach. Tom Villa was a ward for any reason other than a con- best interests and raise all reasonable noted Democratic leader, and St. Louis clusion that there wasn’t credible evi- legal appeals, which he did. To make a circuit attorney George Peach was a dence to pursue the case.’’ Objective legal appeal is not to disobey a court Democrat who was the prosecutor in people should have no doubt that Sen- order. In fact many court orders were the St. Louis area. All of these people ator Ashcroft will be vigorous in his complied with while the appeals were opposed the legislation. The rec- enforcement of the Voting Rights Act pending. ommendations of these officials was and related statutes. Fourth, the criticisms of Senator one of the reasons that John Ashcroft Critics of Senator Ashcroft have also Ashcroft’s actions strongly and un- vetoed the bills. unfairly criticized his testimony about fairly imply that he was indifferent to It was insinuated during the hearings his involvement with the desegregation the problems of segregation. Nothing that these actions were taken out of cases in St. Louis and Kansas City. could be further from the truth. Sen- some kind of partisan or racial motiva- Senator Ashcroft gave complete and re- ator Ashcroft testified that ‘‘I have al- tion, because the City of St. Louis is sponsive answers to questions about ways opposed segregation. I have never predominantly black and democratic. these cases. Any assertions to the con- opposed integration. I believe that seg- But this implication is seriously dis- trary distort Senator Ashcroft’s re- regation is inconsistent with the 14th credited by the history of voter reg- sponses to a flurry of questions about Amendment’s guaranteeing of equal istration in St. Louis and earlier fed- difficult and complicated cases in protection. I supported integrating the eral court cases. which he was involved over a decade schools.’’ What Senator Ashcroft op- The city board has a long history of ago. posed was court-ordered remedies that refusing to deputize private voter reg- The Missouri school desegregation we now know to have been wildly ex- istration deputies, long before John cases are extremely complex and in- pensive and ineffective. Test results

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1252 CONGRESSIONAL RECORD—SENATE February 1, 2001 have declined, graduation rates have up, I was there. And I recall that he ator Ashcroft has forthrightly and remained at a dismal 30 percent, and issued the executive order to establish forcefully condemned racism and dis- the percentage of black students has the first King Day, rather than wait for crimination, and he has left no doubt remained about the same in St. Louis the legislature to do it. Because, as you or ambiguity regarding his views on schools. All of this for the price-tag of may recall, some of you, when the Con- that matter. $1.7 billion. It is hard to see how a per- gress passed the holiday, they passed it During his confirmation hearings, son who opposed this plan can be con- at a time when the Missouri legislature Senator Ashcroft said, ‘‘Let me make sidered against educational equality. may not have been able to have the something as plain as I can make it. The result of court-ordered desegrega- first holiday contemporaneously with Discrimination is wrong. Slavery was tion in St. Louis is just one example of it. So he passed a King holiday by exec- abhorrent. Fundamental to my belief why, as Bob Woodson testified, a sig- utive order. He said, in doing so, he in freedom and liberty is that these are nificant majority of African-Americans wanted his children to grow up in a God-given rights.’’ And in his responses are against forced busing for integra- state that observed someone like Mar- to written questions, he said, ‘‘I reject tion. tin Luther King.’’ racism in all its forms. I find racial dis- John Ashcroft will stand behind the Bob Woodson of the National Center crimination abhorrent, and against ev- commitments he made during his con- for Neighborhood Enterprise uses faith- erything that I believe in.’’ It is clear firmation and be a staunch defender of based organizations to help troubled to me that John Ashcroft believes in the civil rights of all Americans. Sen- young people turn their lives around. equal treatment under the law for ev- ator Ashcroft has demonstrated his Mr. Woodson testified: ‘‘Senator John eryone. He believes in it, and he has commitment to equality through his Ashcroft is the only person who, from committed to fight to make it a reality record as Attorney General, Governor the time he came into this body, for all Americans. and Senator. Contrary to his critics reached out to us. He’s on the board of Now, as to the magazine itself, Sen- who have distorted his record on hir- Teen Challenge. He’s raised money for ator Ashcroft contritely admitted that ing, John Ashcroft has been deeply them. He sponsored a charitable choice he does not know very much about it. committed to promoting equal access legislation that will stop the govern- He confessed that he should have done to government positions during his ment from trying to close them down more research about it before talking tenure as both Attorney General and because they don’t have trained profes- to them. And he said that he did not in- Governor of Missouri. Witnesses testi- sionals as drug counselors. We have an tend his telephone interview—or any fying at the hearing made this commit- 80 percent success rate of these faith- other interview he has participated in ment clear. based organizations with a $60-a-day during his career—as an automatic en- Mr. Jerry Hunter, former labor sec- cost, when the conventional, thera- dorsement of the editorial positions of retary of Missouri, testified that, peutically secular program cost $600 a those publications. John Ashcroft went ‘‘Like President-elect George W. Bush, day with a 6 to 10 percent success rate. even further than that. He said, ‘‘I con- Senator Ashcroft followed a policy of Senator Ashcroft has gone with us. He demn those things which are condem- affirmative access and inclusiveness has fought with us. And this legislation nable’’ about Southern Partisan maga- during his service to the state of Mis- would help us.’’ Mr. Woodsen further zine. This was a strong statement souri as attorney general, his two stated that ‘‘As a consequence, day be- against any unacceptable ideas dis- terms as governor, and his one term in fore yesterday, 150 black and Hispanic cussed in that publication. And it was the United States Senate. During the transformed drug addicts got on buses the strongest statement possible from eight years that Senator Ashcroft was from all over this nation and came here someone who did not personally know attorney general for the state of Mis- to support him. Fifty of them came the facts. souri, he recruited and hired minority from Victory Temple throughout the Despite Senator Ashcroft’s contrite- lawyers. During his tenure as governor, state of Texas, spent two days on a ness and strong words, some Senators he appointed blacks to numerous Greyhound bus at their own expense to and interest groups have demanded boards and commissions...[B]ut I come here to voice strong support for that Senator Ashcroft go out on a limb would say to you on a personal note, Senator Ashcroft.’’ and add his derision based upon an ac- Senator Ashcroft went out of his way Congressman J.C. WATTS also testi- ceptance at face value of all the nega- to find African-Americans to consider fied: ‘‘I’ve worked with [John Ashcroft] tive allegations concerning that maga- for appointments.’’ on legislation concerning poor commu- zine. In my opinion, Mr. President, this Mr. Hunter further elaborated that, nities, under-served communities. I led to one of the most profound mo- ‘‘When Governor Ashcroft’s term ended have always found John Ashcroft to ments of the confirmation hearings. A in January of 1993, he had appointed have nothing but the utmost respect member of the Committee pushed Sen- more African-Americans to state court and dignity for one’s skin color. I heard ator Ashcroft to label the Southern judgeships than any previous governor John say yesterday in some of his tes- Partisan Magazine as ‘‘racist’’—even in the history of the state of Missouri. timony that his faith requires him to after Senator Ashcroft explained that Governor Ashcroft was also bipartisan respect one’s skin color. And I think he did not know whether that was true. in his appointment of state court that’s the way it should be. [I]n my The profound part was John Ashcroft’s judges. He appointed Republicans, dealings with John, I have had nothing response. He said, ‘‘I know they’ve been Democrats and independents. One of but the utmost respect for him when it accused of being racist. I have to say Governor Ashcroft’s black appointees comes to his dealings with people of this, Senator: I would rather be falsely in St. Louis was appointed, notwith- different skin color.’’ accused of being a racist than to false- standing the fact that he was not a Re- These testimonials and Senator ly accuse someone else of being a rac- publican and that he was on a panel Ashcroft’s record of hiring and appoint- ist.’’ This exchange tells volumes about with a well-known white Republican. ments as Missouri Attorney General John’s moral character, deep sense of Of the nine panels of nominees for and Governor demonstrate beyond any fairness, and his fitness for the office of state court judgeships, which included reasonable doubt that he will be com- Attorney General. It would have been a at least one African-American, Gov- mitted to equal opportunity as Attor- lot easier for him just to say Yes, I ernor Ashcroft appointed eight black ney General of the United States. agree with anyone who uses that term judges from those panels.’’ Many have expressed concerns about about someone else. Doing so would Judge David Mason, who worked with Senator Ashcroft’s actions with regard have saved him from further bashing Ashcroft in the Missouri Attorney Gen- to conducting a telephone interview by the Committee and the press. It eral’s office stated, ‘‘[A]s time went on, with a magazine called Southern Par- would have been politically expedient. I begin to get a real feel for this man tisan. Their concern is what message But John Ashcroft chose to take the and where his heart is. When the sub- that interview might have sent to the high road, not to heap disdain onto ject of Martin Luther King Day came country. It is clear, however, that Sen- something he didn’t know about just

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1253 because it would have suited his inter- firmation hearings. That’s when we fi- did not satisfy some on the Committee ests to do so. This was a vivid example nally got the chance to ask Senator who have since argued that he should of good judgment and good character. Ashcroft what he thought. And Senator have pledged never to return to the This is not to say that John Ashcroft Ashcroft made it clear that he University. defended anything about the magazine. ‘‘reject[s] any racial intolerance or re- But as Senator Ashcroft explained at Clearly he did not. In fact, when Sen- ligious intolerance that has been asso- his hearing, it is shortsighted to make ator BIDEN asked him whether the ciated with[,] or is associated with[,]’’ a pledge not to go somewhere just be- magazine was condemnable because it Bob Jones University. He couldn’t have cause you disagree with them. John sells T-shirts that imply that Lincoln’s been more firm. Ashcroft pointed out that Bob Jones assassin did a good thing, he answered: Senator Ashcroft went on to explain University has ‘‘abandoned the policy ‘‘If they do that, I condemn’’ it. And he that ‘‘[he] want[s] to make it very on interracial dating which was offen- clarified that ‘‘Abraham Lincoln is my clear that [he] reject[s] racial and reli- sive’’ after that policy became a focus favorite political figure in the history gious intolerance.’’ He said he does not of attention last year. I think John of this country.’’ What John Ashcroft endorse any bigoted views by virtue of Ashcroft was contrite about what he did was state his absolute intolerance ‘‘having made an appearance in any learned and correct not to rule out vis- for racism and bigotry, and he did so faith or any congregation.’’ He said, for iting places where he thinks his pres- honestly without creating a straw example, that he has visited churches ence could be a force for positive man, a scapegoat or a fall guy. which do not ‘‘allow women in certain change. I think we need to ask anyone who is roles,’’ and that he does not endorse There has been much talk during the not satisfied with John Ashcroft’s an- that view, either. nominations process and in the press swers what they really want. What do Apparently, Ashcroft’s answer elimi- about the ‘‘Ashcroft Standard.’’ This is his accusers think justice is? I surely nated any doubt about his personal a catch-phrase invented by opponents hope that no one in this body would views. As Senator LEAHY told Senator of Senator Ashcroft who wish to create say that justice means the knee-jerk Ashcroft during the hearing, ‘‘I made the impression that there is something condemnation of things they do not my position very clear yesterday on unseemly about a senator vigorously know about, so long as that condemna- how I feel about you on any questions exercising his constitutional duty to tion is politically expedient. of racial or religious bias. I stated that advise and give consent to executive John Ashcroft’s testimony on this neither I nor anybody on this com- branch nominees. But the Ashcroft issue demonstrates that he will be a mittee would make that claim about Standard is strawman—created only so fair and principled Attorney General. you.’’ Even Catholic groups were satis- that it might be criticized. As he told the Judiciary Committee, ‘‘I fied. A spokesperson for the Catholic It is telling that this so-called believe racism is wrong. I repudiate it. League said, ‘‘In short, the controversy Ashcroft Standard has been left unde- I repudiate racist organizations. I’m over Ashcroft is much ado about noth- fined by those who invoke it. Its very not a member of any of them. I don’t ing as far as the Catholic League is hollowness is meant to evoke some- thing inappropriate and suspect a way subscribe to them. And I reject them.’’ concerned.’’ of evaluating far outside of the main- These are straightforward words from Some outside groups had questioned stream. Apparently this Standard is to an honest man. I look forward to hav- the meaning of the speech that Senator be feared, because my colleagues re- ing such a man running our Depart- Ashcroft gave during his visit to Bob peatedly stated during the hearings ment of Justice. Jones University. Senator Ashcroft ex- that they would be magnanimous in The anti-Ashcroft groups also took plained during the confirmation hear- not applying the Ashcroft Standard to advantage of a controversy concerning ing that the phrase ‘‘We have no king John Ashcroft himself. But I suspect Bob Jones University in order to wage but Jesus,’’ was a representation of that John Ashcroft would pass the a ‘‘guilt by association’’ attack on what colonists were saying at the time Ashcroft standard with flying colors. of the American Revolution. He said John Ashcroft. John Ashcroft’s visit to In fact the criteria that Senator the school was not controversial when that the point of his speech was ‘‘the Ashcroft used to evaluate executive it occurred in May 1999. In fact, politi- idea that the ultimate authority of the branch nominees are entirely appro- cians of both parties had spoken there ultimate idea of freedom in America is priate and in keeping with the Senate’s prior to Senator Ashcroft. Early in not governmentally derived.’’ I don’t duty to give ‘‘advice and consent’’ to 2000, however, approximately eight think anyone in the Senate would take the President. months after John Ashcroft’s visit, Bob issue with that. It is an understate- For instance, John Ashcroft applied Jones University became a flash point ment to say that this idea is well-docu- his ‘‘Standard’’ to confirm all but 15 of during the primary election because mented in the Founders’ writings. President Clinton’s 1,636 nominees. He opponents of then-Governor George W. Lacking any basis to criticize John voted to approve every Cabinet nomi- Bush accused Bush of associating with Ashcroft’s May 1999 appearance, mem- nation made by President Clinton. Of an anti-Catholic statement that ap- bers of the Judiciary Committee went President Clinton’s 230 judicial nomi- peared on the University’s Internet in search of controversy by asking Sen- nees, Senator Ashcroft voted to con- site. ator Ashcroft if he would go to Bob firm 218. There is also an underlying Following the flap over Bush’s visit, Jones University again if invited as At- insinuation that the Ashcroft Standard John Ashcroft said, ‘‘I didn’t really torney General. He said he would is tinged with racial bias—and yet Sen- know they had these positions,’’ and ‘‘speak at places where [he] believe[s] ator Ashcroft voted to confirm 26 of 28 ‘‘[f]rankly, I reject the anti-Catholic [he] can unite people and move them in African-American judicial nominees. position of Bob Jones University cat- the right direction.’’ In saying that, he With so many of President Clinton’s egorically.’’ Despite having repudiated contritely explained that his confirma- nominees getting past the Ashcroft the offending statement, John Ashcroft tion hearings—‘‘and the prelude to Standard, some might argue that it’s faced a new round of criticism for his th[o]se hearings’’—taught him to be far too lenient, but that is the nature appearance after he was nominated to ‘‘sensitive at a higher level now than of the Senate’s role. The President is be Attorney General. The special inter- [he] was before, that the attorney gen- thought to have significant leeway in est groups aligned against him at- eral in particular needs to be careful choosing executive branch officials. tempted to associate John Ashcroft about what he or she does.’’ Senator The Senate gives advice and consent, with every form of bigotry and intoler- Ashcroft said that, if confirmed, he but with great deference to the presi- ance they could. ‘‘would be sensitive to accepting invi- dent’s choice. As Hamilton wrote in Any controversy over John tations so as to not allow a presump- the Federalist number 76, Ashcroft’s speech at Bob Jones Univer- tion to be made that I was endorsing To what purpose then require the co-oper- sity should have been put to rest by things that would divide people instead ation of the Senate? I answer, that the ne- John Ashcroft’s testimony at his con- of unite them.’’ This answer apparently cessity of their concurrence would have a

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1254 CONGRESSIONAL RECORD—SENATE February 1, 2001 powerful, though, in general, a silent oper- nee’s written record? A judgment about when a man of John Ashcroft’s integ- ation. It would be an excellent check upon a how the nominee will enforce the law? rity makes such a clear statement, we spirit of favoritism in the President, and A healthy dose of deference to the ex- can take him at his word. would tend greatly to prevent the appoint- ecutive prerogative? An appreciation Of course, opponents of John ment of unfit characters from State preju- Ashcroft do not want to take him as dice, from family connection, from personal for diversity? These are the standards attachment, or from a view to popularity. that I saw applied by Senator Ashcroft. his word. Some outside special interest groups are trying to use his Hormel The advice and consent role of the The opponents of Senator Ashcroft nomination vote to paint a false por- Senate must be exercised with an eye have placed considerable emphasis on trait of a man who acts in a biased way to the moral character of the nominee several specific nominations which I against homosexuals. But there is ab- and his suitability for the office to will discuss in turn. solutely no evidence in the record to which he is nominated. But it is a role John Ashcroft’s opponents have mischaracterized his actions with re- support that accusation. Senator that must be exercised with some nat- Ashcroft made it very clear, both dur- ural deference to the prerogatives of spect to the James Hormel nomination, and have fabricated innuendo aimed at ing his hearing and in his responses to the President. Indeed, this is a def- numerous written questions, that ‘‘sex- erence that has not been shown to tarnishing John Ashcroft’s 30-year record of fairness with respect to em- ual orientation has never been some- President Bush during Senator thing that I’ve used in hiring in any of Ashcroft’s four days of hearings fol- ployment of people without regard to sexual orientation. the jobs, in any of the offices I’ve lowed by more than 350 written ques- held.’’ tions. I supported James Hormel’s nomina- tion as Ambassador to Luxembourg. I In an effort to cloud this crystal- The crux of the Senate’s confirma- clear statement, the forces opposing tion role is to not to quibble with the thought he was qualified for that post. At the same time, however, I respected Ashcroft presented to the media—not policy preferences of the President’s to the Judiciary Committee—a man nominees, but rather to evaluate the the fact that others in this body, in- cluding Senator Ashcroft, did not share named Paul Offner, who claimed that character and moral fitness of the John Ashcroft asked him about sexual nominee. Indeed, I ask myself when my opinion. I cannot conclude—as some people have—that because Sen- orientation 16 years ago in an inter- presented with a nominee whether this view. Mr. Offner’s accusations have person will faithfully execute the office ator Ashcroft and I disagreed, that Senator Ashcroft’s views, which were been entirely rebutted by two eye- to which they have been appointed, up- witnesses present during that inter- based on the totality of the record, holding the laws of the United States view, both of whom have said that were not valid. I have been in public in the given position. I believe that John Ashcroft never asked Mr. Offner— service long enough to understand that Senator Ashcroft has applied similar or any of the many other people he thoughtful people can have honest dif- criterion when evaluating nominees. interviewed for jobs—about sexual pref- ferences of opinion on such matters This is not a sinister standard, but erence. Carl Koupal, who sat in on nu- without holding unsupportable or fun- rather a mostly ordinary one. merous interviews with John Ashcroft damentally biased points of view. When this question is asked about as head of Ashcroft’s gubernatorial Now, there has been a great deal of Senator Ashcroft the answer is incred- transition team, said, ‘‘I can say John confusion about Senator Ashcroft’s ibly clear. As attorney general of Mis- Ashcroft did not ask that question of role in the Hormel nomination. Outside souri John Ashcroft showed time and him or any other candidate we spoke special interest groups—which are try- again that he was willing to uphold law to.’’ Another Ashcroft aide, Duncan ing to derail Senator Ashcroft’s nomi- with which he disagreed. John Ashcroft Kincheloe, said, ‘‘It’s inconceivable to nation have accused him of singlehand- testified, ‘‘I understand that being at- me, and I’m certain I would remember edly blocking or stopping James torney general means enforcing the if it had been asked. I’ve never heard Hormel’s nomination simply because of laws as they are written, not enforcing him ask about that, and I’ve sat my own personal preference; it means Hormel’s sexual orientation. These through dozens and dozens of inter- advancing the national interest, not charges are simply false. Although, as views with him.’’ This evidence should advocating my personal interest.’’ John Ashcroft told the Judiciary Com- lay to rest any questions about John For instance, in 1979 John Ashcroft mittee, he voted against the nomina- Ashcroft’s past record of fairness with issued an attorney general’s opinion tion when it came to a vote in the For- respect to sexual orientation. stating that under the state constitu- eign Relations Committee, he did noth- In addition to that past record, we tion and the law of Missouri, a local ing to stop that nomination. John also have Senator Ashcroft’s clear school board of education had no legal Ashcroft did not block a Senate vote pledge for the future. He told the Judi- authority to grant permission for the on Mr. Hormel’s nomination. In fact, ciary Committee in no uncertain terms distribution of religious publications Senator Ashcroft did not do anything that he ‘‘will enforce the law equally to the student body on school grounds. to keep James Hormel’s nomination without regard to sexual orientation if In another situation, against the de- from progressing. It was Senator appointed and confirmed as attorney mands of pro-life advocates, then-at- HUTCHINSON who put a hold on the general.’’ He also promised that sexual torney general Ashcroft directed the vote. In a letter dated January 24, 2001, preference ‘‘will not be a consideration State of Missouri to maintain the con- Senator HUTCHINSON told Ashcroft that in hiring at the Department of Jus- fidentiality of abortion records because ‘‘I feel it is important to set the record tice’’ if he is confirmed. And this state- a fair reading of the law required it. straight that you were in no way in- ment reflects more than his promise to Senator Ashcroft has not only testi- volved in the effort to delay Mr. uphold current policy; it reflects John fied that he will follow laws with which Hormel’s consideration by the full Sen- Ashcroft’s own judgment. He said, he disagrees, he has repeatedly shown ate.’’ ‘‘Even if the executive order [barring that he does follow such laws. He has So let’s look beyond the smokescreen the consideration of sexual orientation exhibited probity in office as attorney of unsupported innuendo to examine as relevant to hiring] would be re- general, governor and senator. It is what we really know about John pealed, I would still not consider sexual hard to imagine that he will not exe- Ashcroft. During the confirmation orientation in hiring at the Depart- cute the office of United States Attor- hearings, Senator LEAHY asked John ment of Justice because I don’t believe ney General with equal integrity and Ashcroft directly about his motives it relevant to the responsibilities.’’ commitment. Indeed, I am certain that with respect to the James Hormel nom- Now, that is a very strong statement, Senator Ashcroft passes the much ma- ination. Senator LEAHY asked, ‘‘Did Mr. President. Especially because it ligned Ashcroft Standard. you block his nomination from coming comes from a person of unquestioned So what is the Ashcroft Standard to a vote because he is gay?’’ And Sen- integrity. anyway? I admit that I am not quite ator Ashcroft said, ‘‘I did not.’’ He The facts described above convince sure. Is it a careful review of the nomi- could not have been more clear. And me completely that John Ashcroft will

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1255 always act fairly in his law enforce- voting against Judge White. But Judge judge, he would have had enormous ment decisions and hiring decisions to White’s nomination was strongly op- power to reverse state criminal convic- people regardless of sexual orientation. posed by many of Senator Ashcroft’s tions, including death penalty sen- While reasonable minds can differ constituents and also by major law en- tences, unilaterally because of the fed- and come to different judgments on the forcement groups, including the Na- eral writ of habeas corpus. matter, there were many legitimate tional Sheriffs’ Association and the Finally, many of my colleagues have reasons to vote against confirmation Missouri Federation of Police Chiefs. alleged that Senator Ashcroft’s opposi- for Judge White. In fact, every Repub- Sheriff Kenny Jones, whose wife and tion to Judge White was underhanded lican thought it was appropriate to do colleagues were killed by Johnson, tes- and done with stealth. Well, Senator so. Several of my colleagues have ar- tified, ‘‘I opposed Judge White’s nomi- Ashcroft voted against Judge White’s gued that Senator Ashcroft distorted nation to the federal bench, and I nomination in Committee. He ex- Judge White’s record and wrongly asked Senator Ashcroft to join me be- pressed his disapproval at that time. If painted him as pro-criminal and anti- cause of Judge White’s opinion on a he had held up the nomination in Com- law enforcement, but many of us have death penalty case . . . In his opinion, mittee without allowing it to proceed reviewed Judge White’s record and Judge White urged that Johnson be to the floor he would have been criti- were greatly troubled by his dissenting given a second chance at freedom. I cized for delay. opinions in several death penalty cases. cannot understand his reasoning. I Indeed, Senator BOXER pleaded dur- In these cases Judge White displayed a know that the four people killed were ing a debate about several judges in- real inclination to overturn death sen- not given a second chance.’’ cluding Ronnie White, ‘‘I beg of you, in tences, even when they were called for Since his nomination for a federal the name of fairness and justice and all by law. judgship was defeated, Judge White has things that are good in our country, For instance in the Johnson case, the continued to dissent in criminal cases. give people a chance. If you do not defendant was convicted on four counts For example, in Missouri v. Johns, 2000 think they are good, if you have a of first-degree murder for killing three WL 1779262, Dec. 5, 2000, a jury sen- problem with something they said or officers and the wife of the sheriff. tenced the defendant Johns to death did, bring it down to the floor. We can Johnson was sentenced to death on all for a murder in which he shot the vic- debate it. But please do not hold up counts. On appeal, the Missouri Su- tim seven times, including a fatal shot these nominees. It is wrong. You would preme Court upheld the decision, but to the head. Following this murder, not do it to a friend.’’ (Cong. Rec. S. Judge White dissented arguing for a Johns evaded capture for six months, 11871, Oct. 4, 1999). Other Senators have new trial based on ineffective assist- during which time he committed two repeatedly suggested that the Senate ance of counsel. Judge White thought more murders and several robberies. has ‘‘subtle’’ means of holding up that Johnson deserved further oppor- When finally located by authorities, nominees. But at the same time sen- tunity to present a defense based on Johns took a hostage, placed a gun to ators are rebuked for placing holds on post-traumatic stress disorder. But the her head, and threaten to kill her. nominees. Thus, Senator Ashcroft was majority showed that there was no Johns confessed to the initial killing, between a rock and a hard place as to credible evidence that Johnson suffered but claimed that he did so in self-de- how to raise his legitimate concerns from this disorder. Rather, it was clear fense, despite the fact that he shot the about Judge White. that defense counsel had fabricated a victim seven times. In addition, Johns Senator Ashcroft is a man of tremen- story that was quickly disproved at confessed to the robbery and murder of dous integrity, one of the most quali- trial. For instance, defense counsel the two other victims during his flight fied nominees for Attorney General stated that Johnson had placed a pe- from justice. that we have ever seen. His opposition rimeter of cans and strings and had de- During the trial, Johns tried to in- to Judge White was principled and in flated the tires of his car. At trial, tes- troduce evidence that the victim had a keeping with the proper exercise of the timony revealed that police officers violent reputation, but the trial court advice and consent duty of a senator. I had taken these actions, not the de- excluded the proffered evidence on the regret that we have needed to revisit fendant. grounds of relevancy. On appeal, Johns this issue at such great length. Further, Congressman KENNETH argued that the inability to admit evi- Senator Ashcroft has also been un- HULSHOF, the prosecutor in the John- dence of the victim’s reputation fairly criticized for opposing the nomi- son case testified at Senator Ashcroft’s harmed his theory of self-defense. nation of Bill Lann Lee to head the hearings that it was almost impossible In the Missouri Supreme Court, a 5– Civil Rights Division of the Justice De- to make out an argument for ineffec- 2 majority ruled that the trial court partment. Mr. Lee had a noted record tive assistance of counsel because the did not commit reversible error and of promoting and preserving race-con- defendant ‘‘hired counsel of his own upheld the verdict and sentence. Judge scious policies of questionable con- choosing. He picked from our area in White, however, joined a dissent with stitutionality. Opposition to Mr. Lee mid-Missouri what . . . I referred to as only one other judge which argued that was not limited to Senator Ashcroft— a dream team.’’ ‘‘Johns was deprived of a fair trial with nine Republicans on the Judiciary Judge White has every right to pen a respect to his self-defense theory.’’ Committee opposed this nominee, in- dissent in Johnson and other cases in- Like the defendant in Missouri v. cluding myself. volving the death penalty. Similarly, Johnson, the defendant in Missouri v. I have the highest personal regard for every senator has the duty to evaluate Johns murdered several people and con- Mr. Lee and the difficult circumstances these opinions as part of Judge White’s fessed to the killings. There was no in which his family came to this coun- judicial record. And that’s just what doubt about the defendant’s guilt in ei- try, worked hard, and realized the Senator Ashcroft did. At no time did ther case, yet Judge White dissented American dream. Despite this high per- Senator Ashcroft derogate Judge and would have granted a new trial to sonal regard, I was deeply concerned White’s background. both defendants. about Mr. Lee’s nomination because I consider Judge White to be a decent I bring up the recent case of Missouri much of his career was devoted to pre- man with an impressive personal back- v. Johns not to criticize Judge White or serving constitutionally suspect race- ground. He has accomplished a great reargue his nomination. Instead, I conscious public policies that ulti- deal and come up from humble begin- mention this decision only to show mately sort and divide citizens by race. nings. But his record of dissenting in that there was a legitimate basis for At the time of his hearings, it was death penalty cases troubled me Senator Ashcroft’s concerns about clear that he would have us continue enough to vote against his confirma- Judge White in death penalty cases. down the road of racial spoils, a road tion. Senator Ashcroft has made the very on which Americans are seen prin- Many of my colleagues have im- valid point that if Judge White had cipally through the looking glass of pugned Senator Ashcroft’s motives for been confirmed as a federal district race.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1256 CONGRESSIONAL RECORD—SENATE February 1, 2001 Senator Ashcroft did not distort Mr. forward in his testimony before the Ju- would enforce these laws ‘‘vigorously’’, Lee’s testimony. When Mr. Lee stated diciary Committee when he stated that he would investigate allegations the test of Adarand he said that the that, in his view, Roe v. Wade is settled ‘‘thoroughly’’ and that he would devote Supreme Court considered racial pref- law and that the Supreme Court’s deci- resources to these cases on a ‘‘priority erence programs permissible if ‘‘con- sions upholding Roe ‘‘have been mul- basis.’’ He further stated that he would ducted in a limited and measured man- tiple, they have been recent and they maintain the appropriate Task Forces ner.’’ While this might be correct in a have been emphatic.’’ He said he would which have been created to facilitate narrow sense, it purposefully misses enforce the law as interpreted by the enforcement of clinic access and anti- the main point of the Court’s funda- Supreme Court. violence statutes. These statements mental holding that such race-con- When asked whether he would seek are totally consistent with Senator scious programs are presumptively un- to change the Supreme Court’s inter- Ashcroft’s long record of speaking out constitutional. Mr. Lee might have pretation of the law, Senator Ashcroft against violence and his belief that the stated that strict scrutiny was the stated that ‘‘it is not the agenda of the First Amendment does not give anyone standard articulated in Adarand; how- President-elect to seek an opportunity the right to ‘‘violate the person, safety ever, when he described the content of to overturn Roe. And as his Attorney and security’’ of another. this standard it was far looser than General, I don’t think it could be my Senator Ashcroft has always spoken what the Supreme Court delineated. agenda to seek an opportunity to over- out against clinic violence and other Mr. Lee’s misleading description can turn Roe.’’ He also stated that as At- forms of domestic terrorism. He has properly be assailed as a fundamental torney General, it wouldn’t be his job written to constituents about his mischaracterization of the law. to ‘‘try and alter the position of the ad- strong opposition to violence and his Senator Ashcroft has stated that he ministration.’’ belief that, regardless of his personal opposed Mr. Lee because of his record Senator Ashcroft clearly recognized views on abortion, people should be of advocacy and his mischaracteri- the importance of not devaluing ‘‘the able to enter abortion clinics safely. He zation of Supreme Court precedent. currency’’ of the Solicitor General’s Of- voted for Senator SCHUMER’s amend- The failure to recognize the established fice by taking matters to the Supreme ment to the Bankruptcy bill that made legal standard established by the Su- Court on a basis the Court has already debts incurred as a result of abortion preme Court would have serious effects stated it does not want to entertain. He clinic violence non-dischargeable in on Mr. Lee’s ability to serve as Assist- noted that in this way, ‘‘accepting Roe bankruptcy. and Casey as settled law is important, ant Attorney General for Civil Rights. Senator Ashcroft has always con- not just to this arena, but important in Senator Ashcroft’s reasons for oppos- demned criminal violence at abortion terms of the credibility of the Depart- ing Mr. Lee are amply supported by the clinics—or anywhere for that matter— ment.’’ He said he would give advice record. and believes people who commit these Another area in which Senator based upon sound legal analysis, not acts of violence and intimidation Ashcroft has been unfairly attacked is ideology or personal beliefs. He made a should be punished to the fullest extent his ability to enforce the law in areas commitment that ‘‘if the law provides of the law. As Attorney General he’ll related to abortion. Many of those op- something that is contrary to my ideo- do just that. posing Senator Ashcroft have taken logical belief, I will provide them with great pains to state that they do not that same best judgment of the law.’’ Access to contraceptives is another oppose him because of his ideology, but From Senator Ashcroft, those are not area that I think Senator Ashcroft has then go on to say they cannot support just words. Throughout his career, he been unfairly criticized. His critics him because of his positions on abor- has demonstrated that he can do just make dire predictions about the future tion issues. Isn’t that ideology? that. For example, as Missouri Attor- that are totally unsupported by Sen- Make no mistake about it, Senator ney General, Senator Ashcroft did not ator Ashcroft’s testimony. Senator Ashcroft has a consistent pro-life let his personal opinion on abortion Ashcroft could not have testified any record. Contrary to what his opponents cloud his legal analysis. He protected more clearly on the issue of contracep- would have you believe, that is not ex- the confidentiality of abortion records tion. He stated that: ‘‘I think individ- tremist or ‘‘out of the mainstream.’’ maintained by the Missouri Depart- uals who want to use contraceptives Millions of Americans share the same ment of Health even when they were have every right to do so...[and] I view. In the end, what is important is requested by pro-life groups. think that right is guaranteed by the Senator Ashcroft’s commitment to en- Likewise, when asked to determine Constitution of the United States.’’ He force the law as its been interpreted by whether a death certificate was re- also testified that he would defend cur- the Supreme Court—and not the policy quired for all abortions, regardless of rent laws should they be attacked. positions he advocated as a legislator. the age of the fetus, Attorney General What more can he say? Is there any- While Senator Ashcroft’s critics have Ashcroft—despite his personal view thing a pro-life nominee could say to spared nothing in their attempts to that life begins at conception issued an please the pro-abortion interest distort his record and create fear, Sen- opinion that Missouri law did not re- groups? ator Ashcroft’s record over 25 years as quire any type of certificate if the Senator Ashcroft’s opponents argue a public servant, and his testimony be- fetus was 20 weeks old or less. His legal that someone who has been active in fore the Judiciary Committee during analysis was fair and objective and un- advocating a particular policy position his confirmation hearing, demonstrate affected by what his policy views may cannot set that aside and enforce the his lifelong commitment to the rule of have been. There has also been, what I law fairly. I don’t believe they can be law and his respect for the uniquely consider, unfounded skepticism over serious. Does this mean that a person different roles of a legislator and a law whether Senator Ashcroft would vigor- of character and integrity who had enforcer. Senator Ashcroft has proven ously enforce clinic access and anti-vi- been active in the pro-choice move- that he can objectively interpret and olence statutes. Being pro-life is not ment could never be Attorney General? enforce the law even where the law inconsistent with opposing violence at And what about the death penalty? may diverge from his personal views on clinics. The primary focus of the oppo- Could we have no future Attorney Gen- policy. His record and character dem- sition has been the Freedom of Access eral, regardless of how honest and well- onstrate that he can be, as he has to Clinic Entrances Act or ‘‘FACE’’. qualified, who opposed the death pen- pledged, ‘‘law oriented and not results Senator Ashcroft supports the FACE alty? Of course not. In fact, Repub- oriented.’’ law, and always has. licans voted to confirm Janet Reno, de- Contrary to the fear-mongering of his Senator Ashcroft testified specifi- spite her personal opposition to the critics, Senator Ashcroft will enforce cally on how he would enforce FACE death penalty, because she said she the law protecting a woman’s right to and other clinic access and anti-vio- could still enforce the law even though an abortion. He was very straight- lence laws. He stated clearly that he she disagreed with it.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1257 If this is not about ideology, then we will be able to expand the role of faith- The Attorney General is perhaps the should get to the business of con- based charities in fighting poverty, ad- most important position in the Presi- firming Senator Ashcroft. He has given diction and other social ills. Based on dent’s cabinet. The Department of Jus- strong and specific assurances to the the charitable choice law, President tice has a long and storied history. It Senate on abortion questions. These Bush created an Office of Faith-Based represents all Americans in the pursuit assurances are backed up by his proven and Community Initiatives in the of justice. As such, the Department of record as Missouri Attorney General White House last week. This office will Justice demands an Attorney General and Governor. Most importantly, they be led by the prominent University of with great ability, integrity, and judg- are backed up by Senator Ashcroft’s Pennsylvania professor John DiIulio. ment. John Ashcroft has all these personal integrity and decency charac- In short, the charitable choice law was qualities. teristics known personally by almost one of Senator Ashcroft’s most impor- Senator Ashcroft’s abilities are dem- every member of this body. tant legislative accomplishments and onstrated by the fact he was elected to I was quite surprised to hear Senator something that should weigh in favor statewide office five times in Missouri, Ashcroft’s opponents criticize his work of his nomination, not against it. on behalf of faith-based organizations The criticism leveled against Senator a classic swing state in America’s po- that everyone recognizes do remark- Ashcroft on Charitable Choice suggests litical landscape. As Attorney General able good works in every community the possibility of an even more dan- and Governor of Missouri, John across this nation. Senator Ashcroft gerous problem, religious intolerance. Ashcroft served with distinction and has participated in and encouraged Article VI of our Constitution, while built a record of public service and de- these programs at both a personal and requiring that Officers of the govern- votion to the rule of law. He continued policy level. ment swear to support the constitu- that proud service representing Mis- I think we should be proud of Senator tion, assures us that ‘‘no religious Test souri in the United States Senate. His Ashcroft’s efforts to assist the dis- shall ever be required as a Qualifica- leadership and integrity has been rec- advantaged. Senator Ashcroft was the tion to any Office or public Trust under ognized by people in both political par- author of the charitable choice provi- the United States.’’ I fear that in con- ties throughout his career. He was sion in the landmark Welfare Reform sidering the nomination of John elected President of the National Asso- Act of 1996. That provision encourages Ashcroft to be Attorney General of the ciation of Attorneys General by his fel- faith-based organizations to partici- United States, some are coming very low state attorneys general. As Gov- pate in the welfare reform effort on the close to violating the spirit, if not the ernor of Missouri, John Ashcroft was same basis as secular organizations. As letter of that assurance. elected Chairman of the National Gov- a result, faith-based groups can now, In response to a question I posed to ernors Association by his fellow gov- for example, conduct drug-treatment Senator Ashcroft about the wide dis- ernors. Each time John Ashcroft was and job placement programs for the parity of treatment accorded him as a elected to these prestigious positions, poor. These programs and other similar person of faith and that accorded to the majority of state attorneys general faith-based programs have proved re- Senator LIEBERMAN when he was run- and governors were Democrats. The markably successful. As the noted civil ning for Vice President, and whether fact that he was chosen to lead these rights activist Robert Woodson testi- anything in his faith background would organizations while in the minority fied before the Senate Judiciary Com- interfere with his ability to apply the party is a testament to his integrity mittee, Senator Ashcroft’s charitable law as critics had charged, Senator and ability. Mr. President, John choice legislation ‘‘may do more to Ashcroft said: Ashcroft is the most qualified nominee help blacks solve the real problems in In examining my understanding and my for Attorney General in history. We are their own communities than anything commitment and my faith heritage, I’d have fortunate to have him as a nominee. I to say that my faith heritage compels me to else government has done.’’ enforce the law and abide by the law rather look forward to his stewardship of the Some critics claim that Senator than to violate the law. And if in some meas- Department of Justice. Ashcroft’s charitable choice provision ure somehow I were to encounter a situation Mr. President, much of the debate violates the separation of church and where the two came into conflict so that I over the nomination of John Ashcroft state embodied in the First Amend- could not respond to this faith heritage has focused only on a few important ment. These criticisms, however, are which requires me to enforce the law, then I would have to resign. issues, but those are not the only im- misplaced. The charitable choice law portant issues central to the core mis- states that no federal funds ‘‘shall be Those looking for reassurance that Senator Ashcroft will enforce the law sion of the Department of Justice. I be- expended for sectarian worship, in- lieve the Senate would be well-served struction, or proselytization.’’ More- as written need look no further than to consider the Ashcroft nomination in over, the charitable choice law relies this brief paragraph. Senator light of all of the important duties of on Supreme Court precedents to clarify Ashcroft’s critics and supporters alike the Attorney General. When this de- what is constitutionally permissible uniformly agree that he is a man who bate is placed in the proper perspec- when state and local governments co- takes his faith seriously. If he says his tive, it becomes even more obvious how operate with religious and charitable faith compels him to abide by the law, qualified Senator Ashcroft is to be the organizations. The charitable choice I think his promise carries great next Attorney General of the United law also allows beneficiaries who ob- weight. As he said in his opening state- States. ject to the religious character of the ment, he takes his oath of office seri- organization to receive assistance from ously, it being a sacred and solemn ob- The Department of Justice was es- an alternative provider. ligation. Nevertheless, he has been at- tablished by Congress in 1870. It is the During last year’s Presidential cam- tacked as a dangerous zealot by many largest law firm in the United States paign of 2000, both President George W. of his opponents, who suggest that his with 123,000 employees and an annual Bush and Vice President Al Gore sup- faith will require him to violate the budget of approximately $21 billion. ported the charitable choice law as a law, or as a liar who cannot be trusted Through its thousands of lawyers, means to empower faith-based char- because he says he will swear to uphold agents, and investigators, the Justice ities. As President Bush recently said: the law. Well, his critics cannot have it Department plays a vital role in fight- ‘‘A compassionate society is one which both ways. Apparently, his critics do ing violent crime and drug trafficking, recognizes the great power of faith. We not understand either a faith that tran- ensuring business competition in the in government must not fear faith- scends politics and grasping after marketplace, and enforcing immigra- based programs, we must welcome power or the distinction between being tion and naturalization laws. Consider faith-based programs.’’ an advocate for change in the law and the following major components of the Thanks in large part to Senator being an impartial magistrate to apply Justice Department in light of the Ashcroft’s leadership, President Bush the law. qualifications of Senator Ashcroft:

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1258 CONGRESSIONAL RECORD—SENATE February 1, 2001 The Civil Rights Division was estab- Methamphetamine Control Act, which who bring guns to school. Senator lished in 1957 to secure the effective en- increased penalties for the manufac- Ashcroft voted for the ‘‘Gun-Free forcement of civil rights for all Ameri- ture and trafficking of methamphet- Schools Zone Act’’ that prohibits the cans. The Civil Rights Division is re- amine. Senator Ashcroft also helped possession of a firearm in a school sponsible for enforcing federal statutes enact federal laws that increased man- zone, and he voted for legislation to re- that prohibit discrimination on the datory minimum sentences for meth- quire gun dealers to offer child safety basis of race, gender, disability, reli- amphetamine offenses and authorized locks and other gun safety devices for gion, and national origin. In order to courts to order persons convicted of sale. I have no doubt that with John enforce these landmark laws, the Civil methamphetamine offenses to pay for Ashcroft as Attorney General, the Jus- Rights Division engages in a variety of the costs of laboratory cleanup. Last tice Department will target and pros- litigation to fight discrimination in year, Senator Ashcroft authored legis- ecute gun crimes with unprecedented employment, housing and immigration. lation to target additional resources to zeal. In particular, the litigation brought by local law enforcement agencies to fight To his credit, Senator Ashcroft un- the Civil Rights Division under the methamphetamine. derstands that the vast majority of Voting Rights Act has had a profound Senator Ashcroft also understands criminal law enforcement takes place influence on the electoral landscape in that drug treatment and prevention at the state and local level. Given his the last three decades. are vital components of an effective tenure as Missouri Attorney General As Senator Ashcroft stated at his drug strategy. In last year’s meth- and Governor, Senator Ashcroft appre- confirmation hearing: ‘‘No part of the amphetamine legislation, Senator ciates the important role that the fed- Department of Justice is more impor- Ashcroft included funding for drug edu- eral government can play in supporting tant than the Civil Rights Division.’’ cation and prevention programs, in- state and local authorities by pro- John Ashcroft vigorously enforced civil cluding resources for school-based anti- viding resources and training. He also understands that the Justice Depart- rights laws as the Attorney General methamphetamine initiatives. As At- ment should provide such support with- and Governor of Missouri. He signed torney General and Governor of Mis- out intruding into traditional areas of Missouri’s first hate crimes statute. souri, Senator Ashcroft increased fund- state sovereignty. Not content to wait for the legislature ing for anti-drug programs by almost In the Senate, Senator Ashcroft to act, John Ashcroft made Missouri 40%, the vast majority of which was for steadfastly supported state and local one of the first States to recognize education, prevention and treatment. law enforcement. He won enactment of During his confirmation hearing, Martin Luther King Day by issuing an a bill that extends higher education fi- Senator Ashcroft has also made clear executive order. He also led the fight to nancial assistance to spouses and de- save Lincoln University, the university that prosecuting gun crimes will be a pendent children of law enforcement in Missouri founded by African-Amer- top priority of the Ashcroft Justice De- officers killed in the line of duty. He ican Civil War veterans. partment. Unfortunately, gun prosecu- was the principal proponent of the As the Chairman of the Constitution tions have not always been a priority ‘‘Care for Police Survivors Act,’’ a Subcommittee in the Senate Judiciary for the Department of Justice. For ex- measure that increases benefits to the Committee, Senator Ashcroft held the ample, between 1992 and 1998, prosecu- survivors of public safety officers first hearing on racial profiling in the tions of defendants who use a firearm killed in the line of duty. Along with history of Congress. When asked at his in the commission of a felony dropped Senator BIDEN, Senator Ashcroft co- confirmation hearing about his prior- nearly 50 percent, from 7,045 to ap- sponsored legislation to reauthorize ities for the Justice Department, Sen- proximately 3,800. In the Senate, John the COPS program. ator Ashcroft cited the abolition of ra- Ashcroft was one of the leaders in In addition, Senator Ashcroft cospon- cial profiling as one of his top two pri- fighting gun crimes. To reverse the de- sored the ‘‘Local Law Enforcement En- orities. cline in gun prosecutions by the Jus- hancement Act of 1995.’’ This act allo- Senator Ashcroft stated at his con- tice Department, Senator Ashcroft cated $1 billion to state and local law firmation hearing that the paramount sponsored legislation to authorize $50 enforcement to update and computerize civil right is personal safety. The At- million to hire additional federal pros- criminal records, automated finger- torney General is America’s chief law ecutors and agents to increase the fed- print systems, and DNA identification enforcement officer, and managing the eral prosecution of criminals who use operations. John Ashcroft also cospon- Criminal Division is the most impor- guns. sored the ‘‘21st Century Justice Act’’ tant aspect of the Attorney General’s In addition, Senator Ashcroft au- which included Violent Offender Incar- duties. The Criminal Division oversees thored legislation to prohibit juveniles ceration and Truth-in-Sentencing In- thousands of federal agents and is from possessing assault weapons and centive Grants. These grants have pro- charged with, among other things, in- high-capacity ammunition clips. The vided federal resources to States to vestigating and prosecuting drug deal- Senate overwhelmingly passed the build prisons to incarcerate violent and ers, illegal gun traffickers, bank rob- Ashcroft juvenile assault weapons ban repeat offenders. Given his record, it is bers, child pornographers, computer in May of 1999. no surprise that law enforcement hackers, and terrorists. The Criminal Senator Ashcroft voted for legisla- groups such as the Fraternal Order of Division has a visible and tangible ef- tion that prohibits any person con- Police, the National Sheriff’s Associa- fect on the lives of all Americans. victed of even misdemeanor acts of do- tion, the International Association of I have no doubt that, given his vast mestic violence from possessing a fire- Chiefs of Police, the National District experience as a public servant, Senator arm, and he voted for legislation to ex- Attorneys Association, and the Na- Ashcroft understands and appreciates tend the Brady Act to prohibit persons tional Association of Police Organiza- the mission of the Criminal Division. who commit violent crimes as juve- tions are united in their support for Throughout his long career as Missouri niles from possessing firearms. In order Senator Ashcroft’s nomination. Attorney General, Missouri Governor, to close the so-called ‘‘gun show loop- The Civil Division represents the and United States Senator, Senator hole,’’ Senator Ashcroft voted for legis- United States government, including Ashcroft has been a strong advocate of lation, which I authored, to require executive departments and agencies, in tough and effective criminal law en- mandatory instant background checks civil litigation. First and foremost, the forcement. for all firearm purchases at gun shows. Civil Division defends the constitu- Perhaps the greatest threat facing In order to maintain tough federal tionality of federal statutes, regula- our nation today is the scourge of ille- penalties, Senator Ashcroft sponsored tions, and executive orders. The Civil gal drugs. For years, Senator Ashcroft legislation to require a five-year man- Division also litigates complex com- has been a leader in the fight against datory minimum prison sentence for mercial cases. This litigation is espe- illegal drugs. In 1996, Senator Ashcroft federal gun crimes and for legislation cially important for property rights be- helped me enact the Comprehensive to encourage schools to expel students cause the Civil Division represents the

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1259 federal government against claims that brief supporting the Natural Resources nomination, and about John Ashcroft’s private property was taken for public Defense Council’s position on tougher public record of fairness with respect use without just compensation. In ad- environmental regulations relating to to employment of people. dition, the Civil Division represents storage of nuclear wastes. Let me say at the outset that I sup- the federal government in consumer As Missouri Attorney General, John ported James Hormel’s nomination as litigation under various consumer pro- Ashcroft issued numerous legal opin- Ambassador to Luxembourg. I thought tection and public health statutes. ions that furthered the enforcement of he was qualified for that post. At the Senator Ashcroft’s experience as the environmental laws. I would like to de- same time, however, I respected the Attorney General of Missouri prepared scribe a few of these formal opinions. fact that others in this body, including him well to oversee the Civil Division. In Attorney General Opinion No. 123–84, Senator Ashcroft, did not share my John Ashcroft established the Con- Attorney General Ashcroft issued an opinion. I cannot conclude—as some sumer Affairs Division in the Missouri opinion that underground injection people have—that because Senator Attorney General’s office. He brought wells constitute pollution of the waters Ashcroft and I disagreed, that Senator many consumer protection actions, in- of the state and are subject to regula- Ashcroft’s views, which were based on cluding odometer tampering cases and tion by the Missouri Department of the totality of the record, were not financial pyramid schemes. In Illinois Natural Resources under the state’s valid. I have been in public service long v. Abbott & Associates, Inc., Attorney Clean Water Act. Attorney General enough to understand that thoughtful General Ashcroft filed a brief in the Ashcroft also opined that it would be people can have honest differences of United States Supreme Court sup- unlawful to build or operate such a opinion on such matters without hold- porting the right of state attorneys well unless a permit had been obtained ing unsupportable or fundamentally bi- general to conduct antitrust investiga- from the Clean Water Commission. ased points of view. Now, there has been a great deal of tions. In the Senate, John Ashcroft In Attorney General Opinion No. 67, confusion about Senator John helped enact legislation to combat Attorney General Ashcroft issued an Ashcroft’s role in the Hormel nomina- telemarketing scams against senior opinion that operators of surface mines tion. Outside special interest groups— citizens. must obtain a permit for each year which are trying to derail Senator Created in 1909, the Environment and that the mine was un-reclaimed. In Ashcroft’s nomination—have accused Natural Resources Division is the Na- reaching this opinion, Attorney Gen- him of singlehandedly blocking or tion’s chief environmental lawyer. It is eral Ashcroft determined that the oper- stopping James Hormel’s nomination responsible for litigating cases ranging ator of the mine must have a permit simply because of Hormel’s sexual ori- from the protection of endangered spe- continuously from the time mining op- entation. These charges are false. Al- cies to the cleanup of hazardous waste erations begin until reclamation of the though, as John Ashcroft told the Judi- sites. In addition to prosecuting envi- site is complete. Attorney General ciary Committee, he voted against the ronmental crimes, the Environment Ashcroft concluded that the contin- nomination when it came to a vote in uous permit requirement facilitated and Natural Resources Division en- the Foreign Relations Committee, he Missouri’s intention ‘‘to protect and sures that federal environmental laws did nothing to stop that nomination. promote the health, safety and general are implemented in a fair and con- John Ashcroft did not block a Senate welfare of the people of this state, and sistent manner. vote on Mr. Hormel’s nomination, and As Missouri Attorney General, John to protect the natural resources of the he did not vote against that nomina- Ashcroft aggressively enforced that state from environmental harm.’’ tion on the floor because it never came In Attorney General Opinion No. 189, state’s environmental protection laws. to the floor. To cite but a few examples, Attorney Attorney General Ashcroft issued an So let’s look beyond the smokescreen General Ashcroft brought suit to pre- opinion that Missouri’s cities and of unsupported innuendo to examine vent an electric company from causing counties had the authority to require what we really know about John oxygen levels in downstream waters to that all solid waste be disposed of at Ashcroft. During the confirmation harm fish. He also sought to recover approved solid waste recovery facili- hearings, Senator LEAHY asked John damages from the electric company. ties, rather than be buried in landfills. Ashcroft directly about his motives Attorney General Ashcroft brought a In rendering his opinion, Attorney with respect to the James Hormel nom- successful action against the owner of General Ashcroft gave credence to the ination. Senator LEAHY asked, ‘‘Did an apartment complex for violations of arguments that ‘‘recycling of solid you block his nomination from coming the Missouri Clean Water Law relating wastes results in fewer health hazards to a vote because he is gay?’’ And Sen- to treatment of waste water, and he and pollution problems than does dis- ator Ashcroft said, ‘‘I did not.’’ He sued the owner of a trailer park for vio- posal of the same types of wastes in could not have been more clear. And lations of the Missouri Clean Water landfills’’ and that ‘‘public welfare is when a man of John Ashcroft’s integ- Law. better served by burning solid wastes rity makes such a clear statement, we As Missouri Attorney General, Sen- for generation of electricity, thus con- should take him at his word. Still, ator Ashcroft also filed numerous serving scarce natural resources.’’ To however, several Senators have re- briefs in the United States Supreme those who have irresponsibly charged peated the unsupported allegation that Court that advanced environmental that Senator Ashcroft will not enforce Ashcroft’s sole reason for voting protections. For example: our environmental laws, I say this: against Hormel is that Hormel is gay. In Pacific Gas & Electric Co. v. State Look at his record. Some opponents of John Ashcroft are Energy Resources Conservation & De- In conclusion, there are other offices taking the position of using his Hormel velopment Commission, Attorney Gen- in the Justice Department that are nomination vote to paint a false por- eral Ashcroft filed a brief supporting a also very important. In the interest of trait of a man who acts in a biased way California law that conditioned the time, however, I have focused on a se- towards homosexuals. But there is ab- construction of nuclear power plants lect few. My point today is a simple solutely no evidence in the record to on findings that adequate storage and one when this nomination is considered support that accusation. Senator disposal facilities are available. in light of the mission of the Depart- Ashcroft made it very clear, both dur- In Sporhase v. Nebraska, Attorney ment of Justice, it becomes apparent ing his hearing and in his responses to General Ashcroft endorsed the State of how well-qualified John Ashcroft is to numerous written questions, that ‘‘sex- Nebraska’s effort to stop defendants be Attorney General. I look forward to ual orientation has never been some- from transporting Nebraska ground- his stewardship of the Department of thing that I’ve used in hiring in any of water into Colorado without a permit. Justice. the jobs, in any of the offices I’ve In Baltimore Gas & Electric Co. v. Mr. President, I rise to respond to held.’’ Natural Resources Defense Council, mischaracterizations about John In an effort to cloud this crystal- Inc., Attorney General Ashcroft filed a Ashcroft’s role in the James Hormel clear statement, the forces opposing

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1260 CONGRESSIONAL RECORD—SENATE February 1, 2001 Ashcroft presented to the media a man Ashcroft, once confirmed, will always tural divide. Liberals want to make homo- named Paul Offner, who claimed that act fairly in his law enforcement deci- sexuality not just a matter of tolerance but John Ashcroft asked him about sexual sions and hiring decisions to people re- essentially a qualification for office: Oppose orientation 16 years ago in an inter- a gay nominee and you’re automatically a gardless of sexual orientation. bigot. view. Mr. Offner’s accusations have Mr. President, I ask unanimous con- Never mind that Mr. Hormel was also op- been entirely rebutted not only by Sen- sent to print an op-ed from the Wall posed by the U.S. Catholic League for Reli- ator Ashcroft but also by two eye- Street Journal from today. gious and Civil Rights because he had pro- witnesses present during that inter- There being no objection, the mate- nounced himself amused at the public mock- view, both of whom have said that rial was ordered to be printed in the ery of the Sisters of Perpetual Indulgence, a notorious anti-Catholic gay group. ‘‘When John Ashcroft never asked Mr. Offner— RECORD, as follows: or any of the many other people he Senator Tim Hutchinson gave James Hormel [From the Wall Street Journal, Feb. 1, 2001] the opportunity to denounce anti-Catholi- interviewed for jobs—about sexual pref- THE HORMEL DEMOCRATS cism, Hormel refused to do so,’’ wrote Wil- erence. Carl Koupal, who sat in on nu- With Bill Clinton having split for liam Donohue of the Catholic League in 1998. merous interviews with John Ashcroft Chappaqua with the Spielberg china, Demo- Luxembourg is more than 90% Catholic. as head of Ashcroft’s gubernatorial crats have a chance to present a new image Mr. Hormel claims he was misrepresented, transition team, said, ‘‘I can say John to the public. Yet by opposing John Ashcroft and maybe he was. But the politics of ‘‘toler- Ashcroft did not ask that question of for Attorney General, Senate Democrats ance’’ cuts both ways, and there’s no denying seem intent on reminding Middle America that the modern gay-rights agenda has him or any other candidate we spoke moved beyond mere peaceful co-existence to to.’’ Another Ashcroft aide, Duncan why it voted against Al Gore. Some of our readers may already have seen mock and stigmatize traditional religion. Kincheloe, said, ‘‘It’s inconceivable to Catholics have been a special target because the nearby map of America breaking down of the Pope’s refusal to bend the church’s me, and I’m certain I would remember the vote in the last election. Mr. Gore won centuries-old belief that homosexual acts are if it had been asked. I’ve never heard the two left coasts, the latte towns and sinful. Mr. Hormel’s critics were merely him ask about that, and I’ve sat tonier suburbs, and remnants of the progres- using the kind of identity politics that lib- through dozens and dozens of inter- sive upper Midwest. President Bush won ev- erals have used for years. views with him.’’ This evidence should erything else. The map reflects a country di- The news is that so many Senators are lay to rest questions related to the vided by culture, with the traditionalist mid- nonetheless lining up to be Hormel Demo- uncorroborated charges of Mr. Offner. dle rejecting the anything-goes mores of the crats. It’s no accident that both North Da- At least one Senator, however, con- Clinton years. kota Democrats, the usually hyper-partisan tinues to ignore the facts and draw out Well, here we go again, with the same cul- Byron Dorgan and Kent Conrad, came out turally liberal interests groups who ordered the innuendo. That Senator said that early for Mr. Ashcroft. George Bush won around Mr. Gore now making the Ashcroft their state by two-to-one. But all of the po- Mr. Offner’s allegations—even if un- vote a litmus test for Senate Democrats. true—would not have had any reso- tential Democratic presidential candidates NARAL, NOW, People for the American Way seem to be falling into opposition line: Hil- nance if it were not for a history of un- and the rest know they can’t defeat him. But lary of course, and even Indiana’s Evan fairness. But that Senator has pre- they’re twisting arms behind the scenes to Bayh. Joe Lieberman is still pondering from sented absolutely no evidence of any get as large a negative vote as possible, as a Mt. Olympus. such history. Not a single person has way to show their muscle and to warn Mr. Mr. Lieberman might reflect that fol- come forward with a credible story of Bush not to name any conservatives to the lowing the liberal line didn’t help him or his Supreme Court. unfairness in John Ashcroft’s 30-year running mate last year. Democrats lost the The problem for many Democrats, how- White House, despite peace and prosperity, public life, during which he conducted ever, is that voters may notice the company because Middle America didn’t share their hundreds if not thousands of interviews they’re keeping. Barbara Boxer, the super- cultural values. Lining up against John and meetings, and made many hiring liberal from California, was the first Senate Ashcroft won’t help win them back. and firing decisions. Given all the pub- Democrat to declare against Mr. Ashcroft. Mr. HATCH. Mr. President, I want to lic attention to this issue, and all of Ted Kennedy followed close behind, this respond to an unfair and untrue state- week joined by Pat Leahy from the Swedish the league of special interest powerful ment made on the floor of the Senate lobbyists who are working hard to find Republic of Vermont and the noted moderate from the great state of New York, Hillary about John Ashcroft’s work to combat just one witness against John Ashcroft, Rodham Clinton. This may all be thrilling the practice of racial profiling. the absence of such a witness speaks news in Hollywood and Manhattan. But we Senator Ashcroft has a good record loudly and clearly. wonder how this brand of Democratic leader- on the issue of racial profiling. It was In addition to his 30-year record of ship is going to look in, say, Georgia, Mon- Senator Ashcroft’s decision to hold the fairness, we also have Senator tana or South Dakota. first-ever congressional hearing on the Ashcroft’s clear pledge for the future. Especially because this time the liberal topic, a decision that Senator FEIN- He told the Judiciary Committee in no Borking strategy has been a bust. First the GOLD, who is an expert on the issue in uncertain terms that he ‘‘will enforce interest groups played the race card, but not his own right, appropriately acknowl- the law equally without regard to sex- even rejected judicial nominee Ronnie White would say that Mr. Ashcroft was racially edged during the confirmation hear- ual orientation if appointed and con- motivated. The debate over Judge White had ings. Senator FEINGOLD reported that firmed as attorney general.’’ He also been about crime, specifically the death pen- Senator Ashcroft and his staff ‘‘not promised that sexual preference ‘‘will alty, and Democrats sure didn’t want to be only permitted, but assisted in a sig- not be a consideration in hiring at the soft on that. Then the opposition tried the nificant and powerful hearing on racial Department of Justice’’ if he is con- gender/abortion card, but Mr. Ashcroft profiling in the Constitution sub- firmed. And this statement reflects defused that one by pledging to enforce even committee.’’ more than his promise to uphold cur- laws he dislikes. Those who attempt to downgrade the rent policy; it reflects John Ashcroft’s The latest attack line has been to suggest importance of that hearing have failed that Mr. Ashcroft is a relentless gay basher. own judgment. He said, ‘‘even if the ex- Democrats went to the unusual lengths of to understand that Senator Ashcroft’s ecutive order [barring the consider- calling in the recently returned U.S. ambas- motives are genuine. Senator Ashcroft ation of sexual orientation as relevant sador to Luxembourg, James Hormel, to al- opposes injustice of all kinds. As he ex- to hiring] would be repealed, I would lege that in opposing his nomination to be plained in his opening statement to the still not consider sexual orientation in ambassador Mr. Ashcroft had shown himself Judiciary Committee, ‘‘[f]rom racial hiring at the Department of Justice be- to be intolerant. In fact, fellow Republican profiling to news of unwarranted strip cause I don’t believe it relevant to the Tim Hutchinson admitted that he (and not searches, the list of injustice in Amer- responsibilities.’’ Now, that is a very Mr. Ashcroft) was the Senator who had ica today is still long. Injustice in placed a hold on Mr. Hormel, who also helped strong statement, Mr. President. Espe- to found the Human Rights Campaign, the America against any individual must cially because it comes from a person gay lobby that has tried to stigmatize the not stand; this is the special charge of of unquestioned integrity. Boy Scouts. the U.S. Department of Justice.’’ The facts that I have just described If nothing else, the Hormel matter cer- Senator Ashcroft made clear that his convince me completely that John tainly is instructive about our current cul- efforts to combat racial profiling will

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1261 continue if he is confirmed as Attorney firmation hearings. That’s when we fi- But as Senator Ashcroft explained at General. In response to Senator FEIN- nally got the chance to ask Senator his hearing, it is shortsighted to make GOLD’s direct question ‘‘will you make Ashcroft what he thought. And Senator a pledge not to go somewhere just be- racial profiling a priority of yours?’’, Ashcroft made it clear that he cause you disagree with them. John John Ashcroft pledged, ‘‘I will make ‘‘reject[s] any racial intolerance or re- Ashcroft pointed out that the Bob racial profiling a priority of mine.’’ He ligious intolerance that has been asso- Jones University has ‘‘abandoned the could not have been more clear. And he ciated with[,] or is associated with[,]’’ policy on interracial dating which was was equally lucid when describing the Bob Jones University. offensive’’ after that policy became a basis for his views. He said, ‘‘I think Senator Ashcroft went on to explain focus of attention last year. I think racial profiling is wrong. I think it’s that ‘‘[he] want[s] to make it very John Ashcroft was contrite about what unconstitutional. I think it violates clear that [he] reject[s] racial and reli- he learned and correct not to rule out the 14th Amendment.’’ These are pow- gious intolerance.’’ He said he does not visiting places where he thinks his erful words when spoken by a man such endorse any bigoted views by virtue of presence could be a force for positive as John Ashcroft who is committed to ‘‘having made an appearance in any change. enforcing the rule of law. faith or any congregation.’’ He said, for Thank you for the opportunity to Senator Ashcroft’s views on racial example, that he has visited churches correct the misimpressions about this profiling are part of his larger concep- which do not ‘‘allow women in certain issue that were unfortunately created tion of the role of the Department of roles,’’ and that he does not endorse on the Senate floor. Justice on racial issues. Senator that view either. Mr. President, I feel compelled to ad- Ashcroft has pledged that, if con- Apparently, Ashcroft’s answer elimi- dress some of the misperceptions I fear firmed, ‘‘I would do my best never to nated any doubt about his personal may have been created by my col- allow a person to suffer solely on the views. As Senator LEAHY told Senator leagues in their comments about sev- basis of a person’s race.’’ He went on to Ashcroft during the hearing, ‘‘I made eral aspects of Senator Ashcroft’s say that ‘‘it is important that the fed- my position very clear yesterday on record with regard to his role in anti- eral government be leading when it how I feel about you on any questions trust litigation against politically-mo- comes to respecting the rights of indi- of racial or religious bias. I stated that tivated boycotts and abortion when he viduals and the Constitution. I will do neither I nor anybody on this com- was an elected official in Missouri. everything I can to make sure that we mittee would make that claim about First, several of my colleagues have lead properly in that respect.’’ These you.’’ Even Catholic groups were satis- unfairly criticized Senator Ashcroft for are firm assurances from a man of in- fied. A spokesperson for the Catholic the lawsuit Senator Ashcroft filed tegrity. League said, ‘‘In short, the controversy against the National Organization of As you can see, Mr. President, it is over Ashcroft is much ado about noth- Women (NOW) when he was Attorney not only unfair but also inaccurate to ing as far as the Catholic League is General of Missouri. In response to portray Senator Ashcroft as insensitive concerned.’’ Missouri’s decision not to ratify the to the issue of racial profiling. I hope Some outside groups had questioned Equal Rights Amendment (‘‘ERA’’), my comments help to set the record the meaning of the speech that Senator NOW organized a boycott against Mis- straight. Ashcroft gave during his visit to Bob souri (as well as other states that Mr. President, I would like to correct Jones University. Senator Ashcroft ex- failed to ratify the ERA). Pursuant to some misstatements that were made on plained during the confirmation hear- that boycott, NOW urged organizations the floor of the Senate concerning ing that ‘‘the phrase, ‘We have no king not to hold conventions in Missouri. In John Ashcroft’s speech at Bob Jones but Jesus,’ was a representation of 1978, Missouri, through then-Attorney University. There has been a real at- what colonists were saying at the time General Ashcroft, sued NOW in federal tempt here to wage a ‘‘guilt by associa- of the American Revolution.’’ He said court, alleging that the boycott vio- tion’’ attack on Senator Ashcroft, and that the point of his speech was ‘‘the lated the antitrust laws. As Senator I want to set the record straight. idea that the ultimate authority of the Ashcroft testified during his confirma- John Ashcroft’s visit to the school ultimate idea of freedom in America is tion, he filed the lawsuit because the was not controversial when it occurred not governmentally derived.’’ I don’t boycott was hurting the people of Mis- in May 1999. But early in 2000—approxi- think anyone in the Senate would take souri, and he believed it to be in viola- mately eight months after John issue with that. It is an understate- tion of the antitrust laws. Senator Ashcroft’s visit—Bob Jones University ment to say that this idea is well-docu- Ashcroft testified that the lawsuit had became a flash point during the pri- mented in the Founders’ writings. nothing to do with the ERA or with po- mary election because opponents of Some went in search of controversy litical differences that Senator then-Governor George W. Bush accused by asking Senator Ashcroft if he would Ashcroft might have held with NOW. Governor Bush of associating with an go to Bob Jones University again if in- The decision to file it was purely a anti-Catholic statement that appeared vited as Attorney General. He said he legal and economic one. The boycott on the University’s Internet site. would ‘‘speak at places where [he] hurt Missouri and, in his view, was ille- Following the flap over Bush’s visit, believes[s] [he] can unite people and gal, and it was his duty to act on behalf John Ashcroft said, ‘‘I didn’t really move them in the right direction.’’ In of Missouri and its citizens. know they had these positions,’’ and saying that, he contritely explained While some have charged this was ‘‘[f]rankly, I reject the anti-Catholic that his confirmation hearings—‘‘and settled law because a case cited in an position of Bob Jones University cat- the prelude to th[o]se hearings’’— opinion was more than a decade old, egorically.’’ taught him to be ‘‘sensitive at a higher the fact that a case is cited in a deci- Despite having repudiated the offend- level now than [he] was before, that the sion is no indicator of whether the law ing statement, John Ashcroft faced a attorney general in particular needs to of the particular case is settled. In new round of criticism for his appear- be careful about what he or she does.’’ fact, the legal question at issue— ance after he was nominated to be At- Senator Ashcroft said that, if con- whether the Sherman Act covers boy- torney General. The special interest firmed, he ‘‘would be sensitive to ac- cotts engaged in with political rather groups aligned against him attempted cepting invitations so as to not allow a than economic aims—was acknowl- to associate John Ashcroft with every presumption to be made that I was en- edged by all the judges on the 8th Cir- form of bigotry and intolerance they dorsing things that would divide people cuit panel to be one of first impression. could. instead of unite them.’’ This answer With all appellate judges acknowl- But any controversy over John apparently did not satisfy some of the edging the novelty of the case, I do not Ashcroft’s speech at Bob Jones Univer- committee who have since argued that know how the argument that the law sity should have been put to rest by he should have pledged never to return was settled can be maintained. The John Ashcroft’s testimony at his con- to the University. language of the Sherman Act on its

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1262 CONGRESSIONAL RECORD—SENATE February 1, 2001 face covered the conduct at issue, and conflict insofar as they supported con- islation while Governor of Missouri. it was well established that it gen- stitutionality of statute. Even if they Even ardent supporters of Roe v. Wade erally covered boycotts. The court had been in conflict, the law recognizes must admit that the decision is not the eventually ruled 2 judges to 1 against that an Attorney General may take model of clarity. Moreover, it did not, General Ashcroft, but obviously it was conflicting positions because he or she contrary to what many special interest an unanswered question in the law and is the only lawyer the government groups claim, authorize abortion on de- could have gone either way. The law is has—even when different government mand. The decision, while establishing clear now, but it wasn’t then. An At- entities cannot agree. a constitutional right to abortion, set torney General for a state represents The nurses were concerned about the up a scheme that, in the words of Jus- that state, and like any lawyer, is to Nursing Practice Act of 1975, and zealously defend the rights of those he whether the term ‘‘professional nurs- tice White, left the Supreme Court to represents. So, naturally appeals were ing’’ expanded the scope of authorized serve as the country’s ‘‘ex officio med- made. Not to make an appeal from an nursing practices. The Board of Heal- ical board with powers to approve or adverse ruling—especially in a case of ing Arts threatened to order the nurses disapprove medical and operative prac- first impression—would have departed to show cause why the nurses should tices and standards throughout the from normal practice and may have not be found guilty of the unauthorized United States.’’ Planned Parenthood of violated his duty to his client, the peo- practice of medicine, and physicians Central Mo. v. Danforth, 428 U.S. 52, 99 ple of Missouri. And the fact that the guilty of ‘‘aiding and abetting.’’ The (1976). Thus, even after the Roe deci- Supreme Court denied review means Board of Healing won this argument at sion, there remained many unanswered little in this case. The Supreme Court trial. The Missouri Supreme Court re- questions about the contours of this often denies review on cases of first im- versed the trial court and determined new constitutional right. These ques- pression to allow the lower courts to that the services complained of by the tions included, for example, issues develop the law before it reviews and Board of Registration for the Healing about parental consent for minors, settles a question to get the benefit of Arts did indeed fall within the legisla- minimal standards for abortion clinics, broader thinking than a single court. It tive standard of ‘‘professional nursing’’ and whether public facilities or em- seems odd to criticize an Attorney and there were permissible. ployees can be used to perform abor- General for trying to serve his client’s The nurses in question were per- tions. Many state legislatures—not interest, but I guess the point of John forming services including breast and Ashcroft’s critics is that results are pelvic examinations, laboratory test- just Missouri’s—sought to answer these what is important, and if your clients’ ing of PAP smears, gonorrhea cultures, questions left unanswered by Roe. opponent is a group favored by liberal and blood serology and providing infor- The statute passed by the Missouri politicians, serving their needs is more mation about contraceptives. The trial legislature and signed by then-Gov- important than serving your constitu- court, in ruling in favor of the Board, ernor Ashcroft in 1986 was one of these ents and clients, in this case, citizens found, among other things, that the attempts to define the parameters of of Missouri, no matter what your nor- findings derived from pelvic examina- the right to an abortion. Many abor- mal duty would be. That cannot be tions which the nurses performed to at- tions-rights extremists forget that the what we expect of either a state or our tempt to diagnose the existence or non- Supreme Court, in its abortion cases, federal Attorney General. existence of contraindications to the has consistently held that states have I would also like to respond to the use of contraceptives ‘‘require an indi- an interest in protecting the health number of comments that have been vidual to draw upon education, judg- and safety of its citizens and in reduc- made about Senator Ashcroft’s actions ment and skill based upon knowledge ing the incidence of abortions. The 1986 in Sermchief v. Gonzales, 660 S.W.2d 683 and application of principles in addi- Missouri statute sought to do just that, (Mo. 1983). This case was a declaratory tion to and beyond biological, physical, action brought by nurses working at social, and nursing sciences.’’ with 20 provisions covering various family planning clinics to permit them Sermchief, 660 S.W.2d at 686. issues left unresolved by the Roe deci- to prescribe contraceptives and other It was not unreasonable for the sion. The Supreme Court, in its Web- reproductive health materials accord- Board to argue that services that were ster decision, agreed that many of ing to the same protocols dictated by generally performed by physicians and these provisions did not infringe on a physicians under the Nursing Practice required the ‘‘education, judgment and woman’s constitutional right to an Act of 1975. The nurses also challenged skill’’ beyond ‘‘nursing sciences.’’ In abortion. See Webster v. Reproductive the constitutionality of the statute. fact, at trial, many prominent physi- Health Services, et al., 492 U.S. 490, 522 Attorney General Ashcroft’s office was cians testified as such. The Supreme (1989). Throughout this legislative and served with the lawsuit as required by Court, however, ruled in favor of the judicial process, the State of Mis- law when any party challenges the con- plaintiffs, based upon the legislative souri—not simply Governor John stitutionality of a statute. Attorney standard that was set at the time. The Ashcroft—followed established legal General Ashcroft fulfilled his duty to court relied on the nurses’ professional rules and procedures in their good faith defend the constitutionality of the status to know what their limits were. effort to balance the right to an abor- statute. The brief his office filed did The Board, in bringing the case origi- tion with the state’s interest in pro- not address the proper scope of nursing nally, simply didn’t feel comfortable tecting the health and safety of its practices as some have claimed. relying on the knowledge of an indi- citizens. While it may have asserted its The Attorney General’s Office also vidual nurse as to what his or her lim- rights to appeal, the State of Missouri represented the State Board of Nurs- its were. and then-Governor Ashcroft always re- ing, who was not a party to the case, Any characterization of Senator spected the opinions and orders of the and filed an amicus brief on behalf on Ashcroft’s actions as Missouri Attor- their behalf urging an interpretation of ney General as an effort to deny health court and the rules governing litiga- the statute consistent with the posi- services to rural or low income pa- tion. The good faith use of the courts tion taken by the nurses. This is the tients, is at war with the facts. He was to decide legal issues is no basis on view that prevailed in the Missouri Su- the Attorney General, and he had an which to criticize Senator Ashcroft. preme Court. In other words, both of obligation to defend the constitu- The PRESIDING OFFICER. The ma- the Attorney General’s briefs sup- tionality of the statute. That is what jority leader. ported the constitutionality of the he did, and it was perfectly appro- Mr. LOTT. Mr. President, is Senator statute. It was proper for the Attorney priate. General to file briefs on behalf of par- Finally, I would like to respond to LEAHY going to speak? ties on either side of the litigation be- some criticism leveled at Senator Mr. LEAHY. I yield to the distin- cause the positions taken were not in Ashcroft for his support of pro-life leg- guished majority leader.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1263 UNANIMOUS CONSENT AGREE- three of them next week without any Mr. LOTT. Are you making a request MENT—ZOELLICK NOMINATION problem. or observation? Mr. LOTT. We have a couple of agree- f Mr. LEAHY. I make it as a request ments we have worked out we want to because the time that the distin- get in place. ORDERS FOR MONDAY, FEBRUARY guished leader took went into that Mr. President, I ask consent that im- 5, 2001, AND TUESDAY, FEB- time. mediately following the reconvening of RUARY 6, 2001 Mr. LOTT. I certainly would not ob- the Senate on Tuesday at 2:15 p.m. the Mr. LOTT. I ask unanimous consent ject to that. I do wish to speak briefly Senate proceed to executive session to that when the Senate completes its myself. I believe I would be in control consider the nomination of Robert business today, it adjourn until the of the time after that. Zoellick to be the U.S. Trade Rep- hour of 10 a.m. on Monday, February 5, Mr. LEAHY. In fact, I will add to resentative, and if not reported at that for a pro forma session only. No busi- that: In doing so, that it not impinge time, the nomination be discharged ness will be transacted during Mon- on the time reserved for the distin- and the Senate proceed to its imme- day’s session. The Senate would imme- guished majority leader. diate consideration, and that there be diately adjourn until 9:30 a.m. on Tues- The PRESIDING OFFICER. Without up to 2 hours of debate, equally di- day, February 6. I further ask consent objection, it is so ordered. vided, between the chairman and the that on Tuesday, immediately fol- The Senator from Vermont is recog- ranking minority member of the Fi- lowing the prayer, the Journal of pro- nized. Mr. LEAHY. Mr. President, as we get nance Committee. ceedings be approved to date, the I further ask consent that at 4:15 on morning hour be deemed expired, the to the end of this debate, I think it is Tuesday the Senate proceed to vote on time for the two leaders be reserved for wise if we look at some of the facts of the confirmation, and following the their use later in the day, and the Sen- the debate and not just the rhetoric. We debated this matter virtually confirmation, the motion to reconsider ate then proceed to a period of morning nonstop from 10:30 yesterday morning be laid upon the table, the President be business until 12:30, to be divided in the until 8:10 yesterday evening. We did it immediately notified, and the Senate following fashion: Senator DASCHLE or without intervening business. I do not resume legislative session. his designee controlling the time be- think we had as much as 5 minutes ex- The PRESIDING OFFICER. Without tween 9:30 and 11 a.m.; Senator pended in quorum calls. For our side, objection, it is so ordered. HUTCHISON of Texas or her designee this was certainly not a dilatory de- Mr. LOTT. Mr. President, I appre- controlling the time between 11 a.m. bate but a substantive one. It was not ciate the fact there is no objection. I and 12:30. the politics of personal destruction, believe this nominee will be confirmed The PRESIDING OFFICER. Without but the Senate exercising its constitu- overwhelmingly, probably even unani- objection, it is so ordered. tional responsibility to examine one of mously. There is a feeling by Senators Mr. REID. If I could ask for a modi- the most important nominations that on both sides of the aisle that this fication, that Senator DORGAN control this President or any President could trade issue is very important. This is the time from 10:30 to 11 o’clock a.m. send to the Senate. an important position. A number of on that date. Let’s go over the facts. The Senate Senators did want to be able to have an Mr. LOTT. I have no objection to received the President’s nomination on opportunity to speak about our trade that addition to the request. Monday afternoon of this week. The relations and our trade agreements The PRESIDING OFFICER. Without Judiciary Committee debated this around the world. That is why it was objection, it is so ordered. nomination on Tuesday afternoon the not completed this afternoon. I believe Mr. LOTT. I further ask consent that following day, and voted on it that it will be done in regular order on the Senate stand in recess between the evening. We began the Senate debate Tuesday. hours of 12:30 and 2:15 in order for the yesterday morning, less than 48 hours weekly caucuses to meet. f after receiving the nomination. We are The PRESIDING OFFICER. Without MEASURE READ THE FIRST concluding it in less than 14 and one objection, it is so ordered. TIME—S. 235 half hours of Senate debate. We are Mr. LOTT. I understand S. 235 is at f voting up or down on this nomination the desk, and I ask for its first reading. PROGRAM this afternoon. The PRESIDING OFFICER. The I mention this because I have heard Mr. LOTT. On Tuesday, following the clerk will report the bill by title. those who point to the nomination of The assistant legislative clerk read weekly recess, at 2:15 we will proceed the last Attorney General, Janet Reno, as follows: to the nomination of Robert Zoellick as some sort of model of speedy con- to be USTR for up to 2 hours. There- A bill (S. 235) to provide for enhanced safe- firmation. She was nominated after an ty, public awareness and environmental pro- fore, a rollcall vote will occur at 4:15 on earlier nomination had hearings and tection in pipeline transportation, and for Tuesday on that nomination, by a pre- was withdrawn. Her nomination was other purposes. vious consent. On Wednesday, the Sen- not voted upon for a month after she Mr. LOTT. Mr. President, I now ask ate is expected to consider the U.N. was nominated. By comparison, we are for its second reading, and I object to dues bill. Therefore a vote or votes voting on John Ashcroft when his nom- my own request. could occur, then, on Wednesday of ination has been before us for only less The PRESIDING OFFICER. The ob- next week relative to that legislation, than three days. That was not a con- jection is heard. and on Thursday with relation to the troversial nomination. Republicans, as The bill will be read the second time pipeline safety bill. well as Democrats, came to the floor to on the next legislative day. I yield the floor. praise her record, but she was still not Mr. LOTT. Mr. President, I should f sworn in until mid-March. note that the purpose in taking this ac- A better comparison would be to find tion now is to get this legislation ready NOMINATION OF JOHN ASHCROFT the last controversial nomination; that for consideration next week. Senator TO BE ATTORNEY GENERAL— was that of Attorney General Meese. DASCHLE and I are trying to get in a Continued He was first nominated in January 1984 position to have the Zoellick nomina- Mr. LEAHY. Mr. President, while my by President Reagan. He was finally tion on Tuesday, the U.N. dues issue on friend from Mississippi is still here, I considered by the Republican-con- Wednesday, and the pipeline safety leg- ask unanimous consent, it is only a trolled Senate in February 1985, 13 islation next week. These are all issues matter of a few minutes, that I still months after being nominated. Five we are all very familiar with that have have the full half hour that had been weeks ensued between his nomination broad support. I believe we can do the reserved under the previous order. and his initial hearing.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00051 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1264 CONGRESSIONAL RECORD—SENATE February 1, 2001 The nomination underwent 7 days of disclosures, papers required of every Americans, to bar interracial dating, hearings, involved nearly 50 witnesses, nominee. and to derogate Mormons and Catho- under a Republican-controlled Senate, Most Democratic Senators, I am lics as belonging to cults. when he was Republican nominee by a happy to say, declined to prejudge the That John Ashcroft does not seem to popular Republican President. He was matter. As chairman during the 17 days fully understand the concern that this reported by the Judiciary Committee, of the Judiciary Committee hearing, I causes to many Americans is itself a Republican-controlled Judiciary expedited a balanced hearing to review troubling to so many. We have heard Committee, by a 12–6 vote, not the less- the nominee’s record and to hear peo- from some the term they have seemed er margin of 10–8 by which the Ashcroft ple from Missouri and others, pro and to coin: ‘‘religious profiling.’’ I will say nomination was reported. con, on this important nomination. We it once again as clearly as I can. No The Senate, with a Republican ma- had virtually an equal number for Sen- Senator on either side of the aisle dur- jority leader, allowed 2 weeks between ator Ashcroft as against him—I think ing these proceedings has sought to the committee vote and Senate consid- actually one more for. But I believe apply any religious test to John eration—2 weeks, not the 17 hours we that all Senators can be proud that our Ashcroft. No Senator has sought to tar had on the Ashcroft nomination. The hearings focused on issues, not on the the nominee as a racist. Senator Senate debated the Meese nomination nominee’s personal life. We can also be Ashcroft’s religious beliefs have not over 4 days, on February 19, 20, 21, and proud of the tone set during this debate been a source of inquiry or concern for 23—not the day and a half devoted to on the Senate floor. any member of the Judiciary Com- the Ashcroft nomination. Then, the Re- But there is one big exception. I take mittee. publican-controlled Senate voted 63–31 strong exception—in fact, the strongest Notwithstanding, ironically enough, to confirm Attorney General Meese. terms I can think of in my 26 years in what Bob Jones University has said I believe those 31 negative votes were the Senate—to the characterization we about Catholics and Mormons—with the most ever against an Attorney have heard about the issue of religion the two leaders of this committee General. Even as the very popular and this nomination. The Senate was being one a Catholic and the other a President Reagan was preparing to told that opponents of this nomination Mormon—both Senator HATCH and I begin his second term, the nomination have implied that Christians have no have said we have never once heard of his Attorney General resulted in 7 place in public life. Senator Ashcroft take the position days of Senate hearings, 4 days of Sen- If that charge was not on its face so that Bob Jones University has towards ate debate, and 31 votes in opposition. absolutely preposterous in this body, it us or anybody of our religions. I mention this because there was some would have invited several hours of dis- This confirmation debate has not suggestion that maybe some on this cussion to set the record straight. It is been about religious profiling. If any- side held this up. This nomination was such an untrue and inflammatory as- thing, this is a nomination struggle handled a lot more rapidly done than sertion. about issue profiling, and those issues at the time of Attorney General Meese. Needless to say, if that was the de- include the nominee’s record on civil The Senate is soon going to vote on bate, it would be fair to speculate that rights and women’s rights, the rights of the nomination of John Ashcroft to be many, probably most of President gay Americans, and voter registration. Attorney General. I think it is safe to Bush’s nominees are Christians and Those supporting this nomination say that all of us in this body would confirmed by this body. All of his argue that he should be confirmed be- like to be able to vote in favor of the nominees are confirmed. I know of cause his religious devotion represents next Attorney General. Those of us none planned, or who have been an- a special, unimpeachable level of integ- who are going to vote no on this nomi- nounced by the distinguished leader as rity, and that his religion makes him nation take no pleasure in doing so. ready for votes, who are not going to more likely to abide by his oath of of- Frankly, I have heard many say—and I be confirmed. If their religion has been fice. My view is that religion is neither feel this myself—we wish the President mentioned at all, it has been men- a qualification nor disqualification for had sent a different nomination for tioned to their credit. public office. I hold deep religious be- this critical job. We wish, if he wished Is it really necessary to point out liefs. But as I told someone as I left to have our colleague, Senator that men and women of Christian church this Sunday, this past Sunday: Ashcroft in the Cabinet, that he had faiths are plentiful in both parties in I would not expect anybody to vote ei- nominated him for a different position. these very Halls of Congress? More to ther for or against me because of my We wish the President had adhered to the point, there are good people, who religious beliefs. the standard he set forth in his own in- are Christians, on both sides of the I would expect them to vote for or augural address and that he had sent us Ashcroft nomination, just as there are against me because of my political be- a nominee who would unite the coun- good people, who are not Christians, on liefs. try and have the utmost credibility both sides of the Ashcroft nomination. Indeed, article VI of the Constitution with the disaffected, dispossessed, and In fact, the reason religion has come up prohibits any religious test as a quali- disenfranchised. during these confirmation proceedings fication for public office. I hope Sen- We knew the nomination of Senator is not because of John Ashcroft’s reli- ator Ashcroft’s supporters are not urg- Ashcroft had become a ‘‘done deal’’ gious beliefs, but because of concern ing any form of such unconstitutional weeks ago. The Republican leadership about the level of tolerance he may test. reported that all 50 Republican Sen- show towards those with different reli- The issue is his public record, not his ators would be voting in favor of this gious beliefs. That is why his visit to religious faith. I and several others nomination, and, of course, with the and acceptance of an honorary degree have said how much we admire his Vice President they would be able to from, and comments made during the commitment to his family and his reli- win. hearings about Bob Jones University, gion. I consider those two of the most This decision was made before any have been a legitimate concern to admirable qualities in our former col- hearing, before the nominee answered many. league. The issue, though, is how he any question, written or oral, before The relevance of Senator Ashcroft’s has fulfilled his public duties. any background check or review of his association with Bob Jones University Senator BYRD posed the question yes- record was ever begun, let alone com- is not about his own religious beliefs. terday whether any man’s past can pleted. That is why some members of It is about what it says about Senator withstand scrutiny. Confirmation hear- the Judiciary Committee on the other Ashcroft’s sensitivity and tolerance to- ings should not be held to dissect a side went so far as to argue that the wards those whom that institution re- nominee’s personal life—and this one committee need not hear testimony gards in such negative ways, and treats did not—but they are to examine his from the public at all, and need not re- so differently. The policies of that in- past record and actions, to hear from view the nominees’s required financial stitution have been to bar African the nominee about how he views his

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00052 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1265 prior positions and actions within the The Kansas City Star noted in No- and the courts, who will abide by deci- perspective and wisdom that time vember 1999: sions with which he disagrees, and en- should bring. A lot of Missourians are still struggling to force the law for all people regardless What I observed of this nominee at understand why Sen. John Ashcroft took out of politics. They are entitled to some- his hearings can be summed up in two Ronnie White. one whose past record demonstrates words: No regrets. Rallies for Judge White were held in that he or she knows how to exercise He had no regrets about the aggres- downtown St. Louis. Local groups cir- good judgment in wielding the enor- sive manner in which he litigated in culated petitions calling for Senator mous discretionary power of the Attor- opposition to a voluntary desegrega- Ashcroft to ‘‘publicly retract’’ his com- ney General. tion plan in St. Louis, or about the ments in Southern Partisan. At least I said before that we cannot judge missed opportunity to resolve that di- one Missouri municipality passed a res- John Ashcroft’s heart, nor should we be visive matter, about his use or his in- olution asking Senator Ashcroft to able to, but we can examine his record. volvement for political gain, or about ‘‘cease the promotion of Jefferson And running through that record are the misleading testimony he initially Davis’’ and other Confederate leaders disturbing recurrent themes: Dis- gave the committee about whether the in Southern Partisan, and they criti- respect for Supreme Court precedents State of Missouri was a party to the cized his actions with respect to Judge with which he disagrees; grossly intem- litigation and had been found liable. White. perate criticism of judges with whom He had no regrets about vetoing two Another Missouri city council passed he disagrees—the ‘‘ruffians in robes’’ bills designed to ensure equal voting a resolution asking Senator Ashcroft comment—insensitivity and bad judg- rights for African American voters in to apologize to Missouri residents for ment on racial issues; and the use of St. Louis. his comments in Southern Partisan. distortions, secret holds, and ambushes He had no regrets about appearing at Yesterday, an old friend, a Repub- to harm the careers of those whom he Bob Jones University, and he even tes- lican, contacted me to share a quote opposes or for political gain. tified that he might return there after from Reinhold Niebuhr: I engaged in a colloquy yesterday being confirmed as Attorney General of Man’s capacity for justice makes democ- with the senior Senator from Virginia the United States. racy possible; but man’s inclination to injus- during this confirmation process. Sen- He certainly passed up the oppor- tice makes democracy necessary. tunity, as has been suggested, now that ator WARNER is a dear and valued In this regard, I note that we heard he knows so much about Bob Jones friend. We have been friends for dec- often about John Ashcroft’s past elec- University, to take the honorary de- ades. He observed that he thought the tion victories in Missouri. What has gree, put it in an envelope, and send it hearings and consideration by the Sen- back. He had no regrets about granting gone unmentioned is the fact that the ate will result in John Ashcroft being a an interview to the Southern Partisan voters of Missouri registered a negative stronger, more deeply committed pub- and praising this neo-Confederate mag- judgment on the politics, policies, and lic servant. azine and appearing to embrace its practices of John Ashcroft just last No- It is my fervent hope that John point of view. vember. Not surprisingly, they are the Ashcroft has come to understand the One of the things that bothered me same issues that have arisen during his reasons that many of us are troubled greatly is that he had no regrets about confirmation debate. We heard during by his record and troubled by the man- his treatment of Judge Ronnie White, our hearings how African American ner in which he responded to our con- Ambassador James Hormel, Bill Lann voters of Missouri had voted over- cerns at the nomination hearing. Lee, Judge Margaret Morrow, or any of whelmingly against him. I hope Senator Ashcroft better appre- the other Presidential nominees he op- John Ashcroft’s stubborn defense of ciates the concerns of the significant posed. his past record and the fact he has no number of Americans who oppose this Each of us has a duty to determine regrets over incidents that concern nomination. Public opinion polls show how we exercise our constitutional many of his Missouri constituents and there are as many people opposed to duty of advise and consent. As I said at that now concern many Americans the nomination as support it. For those the outset of this debate, strangely does not instill confidence. On the con- who doubt the promise of American enough—or perhaps not so strangely— trary, to many it is a troubling signal. justice—and, unfortunately, there are the Constitution is silent on the stand- He lacks the sensitivities and balance those in this country who do, for what- ard we should use in deciding how to we need in the Attorney General. We ever reason—this nomination has not fulfill our advise and consent duty. need an Attorney General who has the inspired confidence in the man nomi- I have thought about this over the trust and confidence of the American nated to head the U.S. Department of years, and I have come to the conclu- people and who is dedicated to pro- Justice. sion that it is testament to the wisdom tecting the rights of all of us. If John Ashcroft is to be confirmed, of the framers because, in the end, Remember, the Attorney General is then he is going to have a lot of work those who elect us have the final say in not the President’s lawyer. He has a to do to prove that the President’s whether they approve of how we con- White House counsel. The White House choice was a wise one, and that he will ducted ourselves and, if they approve, counsel is not required to come to the be the people’s lawyer and defender of of how we exercised our constitutional Senate for confirmation. The Attorney their rights—all the people. responsibilities. General is there for all of us—black, The country is sharply divided about Some have argued that the issues white, rich, poor, Democrat, Repub- this nomination, but so is the Senate. that have arisen during this confirma- lican, no matter who we are. I wish the President had sent the Sen- tion process have been generated out of The American people are entitled to ate a nominee who would unite us and thin air by advocacy groups or by Sen- an Attorney General who is more than not divide us, but that did not happen. ators who oppose this nomination. In just a friend to many of us in the Sen- I hope the President knows—after fact, these are the same issues upon ate, as John Ashcroft is a friend, and this debate, and after this divisive elec- which the voters of Missouri based who promises more than just the bare tion—the task of bringing the Nation their verdict on election day last No- minimum, that he will enforce the law. together still lies ahead of us. I hope vember, an election Senator Ashcroft All Americans, whether they are part all of us will be able to help in that lost. of the 100 Members of a Senate club, no uniting. John Ashcroft’s actions toward Judge matter what they may be, all Ameri- I think nothing I will ever do in my Ronnie White and his association with cans, the 280 million other Americans life will mean as much to me as serving Southern Partisan magazine and Bob who do not serve here, are entitled to in the Senate. I have served with 280 or Jones University were hotly debated in someone who will uphold the Constitu- so Senators, who have all been people I Missouri. They were issues in his un- tion as interpreted by the Supreme have admired and respected. I hope successful reelection campaign. Court, who will respect the Congress that after this nomination, and after

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00053 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE 1266 CONGRESSIONAL RECORD—SENATE February 1, 2001 this battle—however the vote comes fore not accountable for the heinous crime tion his honor and integrity. Be assured that out; I expect I know how it will come he committed. In our view, this opinion Senator Ashcroft had no other reason that I out—then the Senate will work to- alone disqualifies Judge White from service know about, to oppose Judge White except gether, on both sides of the aisle, with in the Federal courts. He is irresponsible in that I asked him too. I opposed Judge his thinking, and his views against law en- White’s nomination to the federal bench and the new President, and with all mem- forcement are dangerous. I asked Senator Ashcroft to join me because bers of his Cabinet, and with the new We urge you in the strongest possible of Judge White’s opinion on a death penalty Attorney General, to start healing terms to actively oppose the nomination of case. these wounds, to not just talk about Judge White. He is clearly an opponent of In December 1991, James Johnson changed bringing us together, but to actually law enforcement and does not deserve an ap- the lives of many families in our small rural do it. pointment to the Federal Judiciary. His community. He held an elderly woman hos- There are deep, deep concerns in the views and opinions are highly insulting to tage, killed four people, and seriously country about this nomination. I would law enforcement, and we look forward to wounded another. Johnson murdered in cold working with you to defeat this nomination. blood, the sheriff from a neighboring county, suggest that every one of us—Repub- Respectfully, two deputy sheriffs, and my wife, Pam Jones. lican and Democrat—have a long road PATRICK J. SULLIVAN, JR., For this, he was tried by a jury, convicted of ahead of us to bring those sides to- Sheriff. four counts of first degree murder, and sen- gether, but on that long road we also MISSOURI SHERIFFS’ ASSOCIATION, tenced to death. have the responsibility to take that Jefferson City, MO, September 27, 1999. To understand just how horrid this event is trip. Senator ORRIN HATCH, and to comprehend the devastating impact I reserve the remainder of my time. Chairman, Senate Judiciary Committee, Dirksen this crime has on my county, you need to un- Mr. BOND addressed the Chair. Senate Office Building, derstand the facts of that December night. It Washington, DC. is easy to talk about dissenting opinions and The PRESIDING OFFICER. The Sen- DEAR SENATOR HATCH: Attached please find legal maneuvering in this case and take the ator from Missouri. a copy of the dissenting opinion rendered by human tragedy out of it. But, that is a mis- Mr. BOND. Mr. President, I ask unan- Missouri Supreme Court Judge Ronnie White take. This case is entirely about human imous consent to have printed in the in the case State of Missouri, Respondent, v. tragedy and justice. Not a day goes by that RECORD some materials that I believe James R. Johnson, Appellant. I don’t think about what James Johnson did will be relevant to the consideration of Also, please find attached a copy of a peti- to my family and my community. Can you this nomination: a letter from the Na- tion signed by 92 law enforcement officers in even imagine how it forever changed life in Missouri, including 77 Missouri sheriffs. tional Sheriffs’ Association; a letter a small Missouri community? In December 1991, James Johnson mur- On the evening of December 9th, Deputy from the Missouri Sheriffs’ Associa- dered Pam Jones, wife of Moniteau County Leslie Roark, was dispatched to the resi- tion; a written statement of Sheriff Sheriff Kenny Jones. He shot Pam by am- dence of James Johnson on a domestic dis- Kenny Jones before the Committee on bush, firing through the window of her home turbance call. After arriving on the scene the Judiciary; and testimony of U.S. during a church function she was hosting. and speaking with Johnson, his wife and his Representative KENNY HULSHOF before Johnson also killed Sheriff Charles Smith of stepdaughter, Deputy Roark apparently the U.S. Senate Committee on the Ju- Cooper County, Deputy Les Roark of ascertained they were all fine. He could not diciary. Moniteau County and Deputy Sandra Wilson have been more wrong. As Deputy Roark of Miller County. He was convicted and sen- There being no objection, the mate- turned to leave, Johnson pulled a gun and tenced to death. When the case was appealed shot him in the back. My deputy fell face rial was ordered to be printed in the and reached the Missouri Supreme Court, down, rolled over, and struggled to defend RECORD, as follows: Judge White voted to overturn the death himself. Johnson then shot Les in the fore- NATIONAL SHERIFFS’ ASSOCIATION, sentence of this man who murdered Mrs. head at point-blank range. After shooting Alexandria, VA, October 4, 1999. Jones and three good law officers. Leslie Roark, Johnson armed himself with Hon. JOHN ASHCROFT, As per attached, the Missouri sheriffs more weapons and drove to my house in U.S. Senate, Hart Senate Office Building, strongly encourage you to consider this dis- rural Moniteau County looking for me. I was Washington, DC. senting opinion in the nomination of Judge not home. I had taken my two sons to their DEAR SENATOR ASHCROFT: I am writing to Ronnie White to be a U.S. District Court 4-H Club meeting. My wife, Pam, and our two ask you to join the National Sheriffs’ Asso- judge. daughters were home, however. They were ciation (NSA) in opposing the nomination of Sincerely, hosting a Christmas party for a group of Mr. Ronnie White to the Federal Judiciary. JAMES L. VERMEERSCH, local churchwomen and their children. Upon NSA strongly urges the United States Sen- Executive Director. arriving at my house, Johnson opened fire on ate to defeat this appointment. completely innocent people. He fired several As you know, Judge White is a controver- WRITTEN STATEMENT OF SHERIFF KENNY shots through a bay window, hitting my wife sial judge in Missouri while serving in the JONES BEFORE THE COMMITTEE ON THE JUDI- who was sitting with my daughter on a Missouri Supreme Court. He issued many CIARY, CONFIRMATION HEARINGS OF JOHN bench in front of the window. After the as- opinions that are offensive to law enforce- ASHCROFT, U.S. ATTORNEY GENERAL DES- sault on my home, Johnson went to the ment; one on drug interdiction and one in- IGNATE, JANUARY 2001 home of Deputy Russell Borts and shot him, volving the death penalty. Judge White feels Senator Leahy, Senator Hatch, Members of also through a window, as he was talking on that drug interdiction is not a proper func- the Judiciary Committee, I am honored and the telephone. Russ lives today with several tion of law enforcement. He wrongly reasons a little overwhelmed to be here today to tes- injuries inflicted by Johnson. that drug abuse is a private matter that tify on the nomination of John Ashcroft to During the attack on my family and Dep- causes no public harm, and drug abusers be Attorney General of the United States. uty Borts, a call for help went out and many should not be inconvenienced by interdiction Mr. Chairman, my name is Kenny Jones officers from surrounding counties responded efforts. We strongly disagree. Drug interdic- and I am the elected Sheriff of Moniteau to my office. Sheriff Charles Smith, from tion is a cornerstone in the fight against County, Missouri, an office I have been privi- Cooper County personally responded to the crime, and this reckless opinion undermines leged to hold for the last sixteen years. For call for help. What he did not know was that the rule of law. those who may not know, Moniteau County Johnson had moved down the block from the Additionally, Judge White wrote an out- is a very small unusually quiet county in Borts residence and was laying-in-wait at my rageous dissenting opinion in a death pen- mid-Missouri with a population of approxi- office. As Sheriff Smith was getting in his alty case. In 1991 Pam Jones, the wife of mately 13,000. We are a strong tight knit car, Johnson gunned him down in front of Sheriff Kenny Jones of Moniteau, Missouri, community in the heartland of America. We the Moniteau County Sheriff’s Office. Just was gunned down while hosting a church believe in traditional values and we have a moments later, Johnson shot and killed Offi- service at home. The assailant, who was tar- deep faith. We are small town America at its cer Sandra Wilson who had driven in from geting the Sheriff, was tried and convicted of best. Miller County responding to the call for murder in the first degree. He was subse- As you know, much has been said about help. It is important to note that this coward quently sentenced to death for Mrs. Jones’ John Ashcroft and his fitness for this office. never once confronted his victims face to murder. During the appeals process, the case I for one support his nomination and urge face. Every single person he shot and killed came before the Missouri Supreme Court this Committee to support him as well. Last was shot in the back. where six of the seven judges affirmed the year, Senator Ashcroft was unjustly labeled Before Johnson was apprehended, he held conviction and the sentence. Judge White for his opposition to the nomination of an elderly woman hostage until for some un- was the court’s lone dissenter saying the as- Judge Ronnie White to federal district court. known reason, he released her. She escaped sailant had a tough childhood and was there- This one event has wrongly called into ques- and told the authorities where Johnson was

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.001 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1267 hiding. A team of negotiators finally con- formation will correct the record and prove .22 caliber rifle, Johnson fired multiple times vinced Johnson to surrender and he was that John Ashcroft did not act with an un- through the window, hitting her five times. taken into custody. seemly intent. She was gunned down in cold blood in front After dropping off my boys at 4-H, I found To deny John Ashcroft and reject his nom- of her family. out that Les Roark had been shot. I went to ination to be Attorney General based solely I wish I could tell you that the carnage be with him while we waited for the Life on his opposition to Judge White would be soon ended. Instead, James Johnson pro- Flight helicopter. While there, I received the wrong and a terrible loss for the country. I ceeded to the home of Deputy Sheriff Russell call that would change my life forever. I was hope my testimony today provides the infor- Borts. Displaying the methodical demeanor told of an emergency at my own house. I mation you seek to make a truly informed of a calculating killer, Johnson shot Deputy raced home. There I saw an ambulance in the decision on John Ashcroft. In my view, he Borts four times through a window as Borts driveway and shocked people standing will make a fine Attorney General and I hope was being summoned for duty via telephone. around. My secretary, Helen Gross, told me that he will be confirmed. Thank you Mr. Miraculously, Borts survived. Cooper County that Pam had been shot and our daughters Chairman and I stand ready to answer your Sheriff Charles Smith and Miller County had been taken to a neighbor’s home. Pam questions. Deputy Sandra Wilson were not so fortunate. was flown by helicopter to the University of They died in a hail of bullets when Johnson Missouri Hospital. I gathered my four chil- TESTIMONY OF U.S. REPRESENTATIVE KENNY ambushed them outside the sheriff’s office. dren and went to Pam’s side. She died just a HULSHOF BEFORE THE U.S. SENATE COM- As a result of Johnson’s rampage, three short time later. MITTEE ON JUDICIARY, JANUARY 18, 2001 dedicated law enforcement officials were James Johnson was tried, convicted and I would like to thank Chairman LEAHY and dead, one was severely injured and Pam sentenced to death by a jury in February Ranking Member HATCH for the opportunity Jones, a loving wife and mother, had been 1993. Every one of his appeals, including his to testify before this committee. slaughtered. appeal before the Missouri Supreme Court, I fully support President-elect Bush’s deci- Mr. Chairman, I wish to clarify a few of the was denied. In the Missouri Supreme Court, sion to nominate Senator John Ashcroft to points raised during yesterday’s hearing re- all but one of the judges affirmed the deci- the position of Attorney General. His past garding the quality of James Johnson’s rep- sion of the lower court. The only dissent was service to the people of my home state of resentation at trial. Mr. Johnson hired coun- from Judge Ronnie White. In his opinion, Missouri as Attorney General, Governor and sel of his own choosing. He chose a team of Judge White urged that Johnson be given a Senator give him the experience and knowl- three experienced defense attorneys who pos- second chance at freedom. I cannot under- edge to be an effective agent of justice for all sessed substantial experience in litigation stand his reasoning. I know that the four Americans. and criminal law. The three litigants had people Johnson killed were not given a sec- I am not here today as a U.S. Representa- tried a previous capital case together. ond chance. tive from Missouri’s Ninth District. My ap- The record conclusively establishes that When I learned that Judge White was pearance here is to share with you my counsel launched a wide-ranging investiga- picked by President Clinton to sit on the fed- unique knowledge of the case of State of Mis- tion in an effort to locate veterans who had eral bench, I was outraged. Because of Judge souri vs. James Johnson. served with the accused in Vietnam. Counsel White’s dissenting opinion in the Johnson From February of 1989 until January of hired and presented three nationally-re- case, I felt he was unsuitable to be appointed 1996, I served as a Special Prosecutor for the nowned mental health experts on the rel- for life to such an important and powerful Missouri Attorney General’s Office. In this evant issue of posttraumatic stress disorder. position. During the Missouri Sheriffs’ Asso- capacity, my duties included the prosecution The evidence of guilt, however, was unas- ciation Annual Conference in 1999, I started of politically sensitive or difficult murder sailable. Based on the strength of a detailed a petition drive among the sheriffs to oppose cases across the State of Missouri. I handled confession by the accused to law enforce- the nomination. The petition simply re- cases in 53 Missouri counties and have tried ment officers, incriminating statements to quested that consideration be given to Judge and convicted violent criminals in more than lay witnesses, eyewitness accounts to one of White’s dissenting opinion in the Johnson 60 felony jury trials. In January, 1992, I was the murders and circumstantial evidence, in- case as a factor in his appointment to the assigned as co-counsel in the prosecution of cluding firearms identification, James John- federal bench. Seventy-seven Missouri sher- the Johnson case. son was convicted by a jury of four counts of iffs, both Democrats and Republicans, signed As you know, the Johnson case has taken murder in the first degree. The jury later the petition and it was available to anyone on national prominence, but not because it unanimously recommended a sentence of who asked. I have the petition with me and involves a convicted cop killer. It has be- death on each of the four counts. respectfully ask that it be made a part of the come a focal point in this process due to the After a lengthy post-conviction hearing on record of this hearing. A copy was forwarded strong disagreement that John Ashcroft and the adequacy of counsel, Circuit Judge to both Senator Bond and Senator Ashcroft. some law enforcement groups had with Mis- James A. Franklin, Jr. found that Johnson’s I also asked that the National Sheriffs’ Asso- souri Supreme Court Judge Ronnie White’s attorneys devoted a significant period of ciation support us in opposing Judge White’s sole dissent on the appeal of this case. time and expense to his case, including a nomination. They willingly did so and I am You are measuring John Ashcroft’s ability substantial attempt to develop and present a grateful that they joined us and wrote a to be the nation’s Attorney General by ex- mental defense. The court found as a matter strong letter opposing Judge White’s nomi- amining his record. In the same manner, of law that James Johnson received skilled nation. John Ashcroft measured Ronnie White’s abil- representation throughout his trial. The case While some would have you believe other- ity to be a federal jurist by scrutinizing his was then automatically appealed to the Mis- wise, this is the only reason sheriffs opposed record and published opinions—not his race souri Supreme Court, where the convictions the nomination of Judge White. We con- as some have charged. John Ashcroft has tes- and sentences were upheld 4–1. Judge White’s tacted Senator Ashcroft and urged him to tified that he had serious reservations about lone dissent focused on inadequate assist- oppose this nomination as well. He agreed Judge White’s opinions regarding law en- ance of counsel at trial. As I have stated and with our position, but unfortunately, his forcement. the record indicates, this is clearly not the view on Judge White’s nomination was mis- Let me share with you the facts of the case. represented in the press and misrepresented Johnson case: I have been deeply troubled during these to other members of the Senate. People al- In December of 1991, Moniteau County Dep- confirmation proceedings by statements in- leged all sorts of reasons for the eventual de- uty Sheriff Les Roark responded to a domes- sinuating, overtly or otherwise, that John feat of Judge White’s nomination. I can only tic disturbance call at the home of James Ashcroft is a racist. More to the point, there speak for myself and can only testify to Johnson in rural Missouri. After assuring have been allegations made that John what I know to be true. I opposed Judge himself the domestic quarrel had ended, Dep- Ashcroft’s rejection of Judge Ronnie White’s White’s elevation to the federal bench solely uty Roark turned to return to his waiting nomination to the federal district court was because of his opinion in the Johnson case. patrol car. James Johnson whipped a .38 cal- racially motivated. As a Missourian, I am of- Johnson murdered my wife in cold blood. He iber pistol from his waistband of his pants fended by these baseless claims. killed three close friends and colleagues and and fired twice at the retreating officer. It is my belief that members of this distin- seriously wounded a fourth. Offering him a Johnson, realizing that Roark was clinking guished panel and members of the entire second chance as Judge White would do, is valiantly to life, walked over to the fallen Senate take the constitutional role of ‘‘ad- something that I will never understand. I officer and shot him again execution-style. vice and consent’’ very seriously. It is an in- asked Senator Ashcroft to oppose the nomi- He next negotiated the dozen or so miles to tegral part of our system of checks and bal- nation based on what I have shared with you the home of Moniteau County Sheriff Kenny ances. here during this hearing. By opposing the Jones. Peering through the window, he saw It is my humble opinion that no individual nomination of Judge White, Senator Pam Jones, the sheriff’s wife. She was lead- took that responsibility more seriously than Ashcroft did nothing more than properly ex- ing her church women’s group in their your former colleague, John Ashcroft. As ercise Constitutional authority based on the monthly prayer meeting in her family’s liv- evidence of that fact, I cite to you the Octo- information he had available. I hope this in- ing room, her children at her knee. Using a ber 5, 1999, Congressional Record:

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00055 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1268 CONGRESSIONAL RECORD—SENATE February 1, 2001 ‘‘[Mr. Ashcroft] Confirming judges is seri- all else: The promise contained in this highest traditions of this fine body. ous business. People we put into these Fed- Nation of laws can only be realized They did not see full and fair hearings. eral judgeships are there for life, removed when all the laws are properly en- What they saw—pure and simple—was only with great difficulty, as evidenced by forced. an exercise in political theater of the the fact that removals have been extremely rare. There is enormous power on the Fed- Two weeks ago, I went before the Ju- worst kind. eral bench. Most of us have seen things hap- diciary Committee to ask that they I cannot begin to express my pro- pen through judges that could never have judge John Ashcroft’s nomination to be found disappointment in how some of gotten through the House and Senate. Alex- Attorney General on the content of his my colleagues handled their few days ander Hamilton, in Federalist Paper No. 78, character, and reject the slime cam- in the majority—mishandled their days put it this way: paign then underway against him. to rise above the rancor. In the ‘‘ ‘If [judges] should be disposed to exercise Today I must say I stand here pro- Ashcroft hearing, there was an oppor- will instead of judgement, the consequence foundly disappointed so many failed to tunity to set an example for us to fol- would equally be the substitution of their pleasure to that of the legislative body.’ push away those whose only goal is to low for the rest of this session. Instead ‘‘Alexander Hamilton, at the beginning of tear down and destroy. of rising to the occasion, too many this Nation, knew just how important it was However, let me add my sincere ap- sank to the level of the interest groups, for us to look carefully at those who would preciation of the fact that some of our where only the shrillest survive. be nominated for and confirmed to serve as colleagues on the other side of the aisle What we heard was a campaign de- judges.’’ have chosen to support this nomina- signed to create a caricature, and to Former Senator Ashcroft then elaborated tion, despite the strong political winds fan the grotesque charges of racism, on the dissenting opinions by Judge White in blowing against them, including clear- bigotry, and so-called political oppor- a series of criminal cases, including State of Missouri v. James Johnson. He acknowl- cut threats of retaliation at the polls tunism—a campaign so out of control edged an outpouring of criticism levied for any vote in favor of John Ashcroft. that 2 days of questions were not against Judge White’s nomination by re- Senator RUSS FEINGOLD was coura- enough. An extra day of attack wit- spectable law enforcement groups. His ulti- geous in casting the lone Democratic nesses, and hundreds of additional mate rejection of Judge White’s nomination vote in favor of the nominee in com- questions—often asking the same ques- was based on his judgement and legal rea- mittee. My friends, Senator BYRD, Sen- tions over and over again—were then soning. As you know, a majority of the Sen- ator DODD, and others, have announced submitted for the record. They even ate voted to reject the nominee. Reasonable minds can differ on John on the floor they intend to support the went so far as to ask for a ‘‘complete Ashcroft’s conclusion regarding Judge nominee for reasons they gave. I com- discussion’’ of all conversations that White’s fitness as a federal jurist. These dif- mend them and thank them for that. then-Senator Ashcroft had with Senate ferences should be vigorously debated and I note that others of my colleagues leaders about any of the 1,600 Presi- considered. That is the hallmark of our re- appear to have given the nomination dential nominations considered by the public. But branding a good man who has de- full consideration and concluded, for Senate during his term. voted his professional life to one of public their own substantive reasons, not to That is an impossible task. Nobody service with the ugly slur of ‘‘racist’’ with- support this nomination. While I dis- can recall those. The reaction was that out justification or cause is intolerable. I know John Ashcroft. He is an honorable agree with their final decision, I cer- the answers were incomplete, when man of high integrity and morals. His com- tainly cannot condemn their actions. they did not report all those conversa- mitment to his family, his state and his But I am deeply disturbed and dis- tions. Who of us could have done that country are beyond compare. His experience appointed in some of the things done unless we had carried a tape recorder and public service make him very qualified and said in the Judiciary Committee in our pocket at all times. to be the next Attorney General of the and some of the remarks made on the To the special interest groups who United States. You have his assurance that Senate floor. invented the term ‘‘Borking,’’ I had lit- he will faithfully execute the law in a way Over the past month, we have seen tle expectation they could or would un- consistent with the will of Congress, in ac- self-described spokesmen of various ac- derstand or embrace the terms of civil- cordance with the rulings of our judicial sys- tem and in a manner that protects the lib- tivist groups—groups that preach tol- ity and respect. So I expected that erties of all Americans. erance, diversity and religious free- false charges would be leveled—re- Again, I would like to thank Chairman dom—systematically display their in- peated and repeated—in hopes that Leahy, Ranking Member Hatch and this dis- tolerance, narrowness, and dogmatic something would stick. But I had hopes tinguished panel for allowing me to testify. views, as they try to smear the record that colleagues would resist those Mr. BOND. Mr. President, 28 years of the man who has been nominated to charges. Too often, they did not. ago, I had the responsibility to appoint be the Attorney General of the United What are those false charges? One of a State auditor for Missouri. Based States. the false charges thrown against John upon what I saw to be the promise in In fact, I think the words on this Ashcroft was that he could not be en- John Ashcroft—his character, intel- chart tell us all we need to know—this trusted to enforce laws with which he ligence, and commitment to public is from the special interest groups of personally disagrees. Now, Janet Reno service—I selected him. what they are doing—‘‘by any means opposed the death penalty, yet she was For the past 28 years, I have had the necessary.’’ ‘‘We’re going to spend trusted to follow the law. Now, 8 years honor and privilege to work with him whatever it takes.’’ These are the later, why is it that with John as he handled his duties in the best and words of the extreme liberal groups Ashcroft, a conservative and com- highest tradition of Missouri and of that are out to sabotage John Ashcroft mitted Christian, doubts are aired—and this country. Many of my colleagues and, incidentally, his nomination. The given credence—about his ability to en- have also seen him during the last 6 purpose—search and destroy. force the law? years, when he served with distinction Like millions of Americans, I Some activists who claim to embrace in the Senate. watched the Senate confirmation hear- and promote religious diversity and I know this man. Most of you in this ing to see both how my friend would do tolerance seem unable to extend their body know this man. He is a good man, in answering questions defending his beliefs to a conservative Christian. I whose service reflects well on his record but also to see how potential op- thought we broke that barrier when friends, his family, our State of Mis- ponents would handle their responsibil- John F. Kennedy became President and souri, and on this great body. ities. we saw the obvious that he did not put Everything about John Ashcroft’s I, too, hoped for full and fair hear- his Catholic beliefs above the law of record of public service and his per- ings. the land. And what of our colleague sonal integrity and character tells us Two weeks ago, the American people JOE LIEBERMAN, whose candidacy for that he will be faithful to the law. Ev- did not see a confirmation hearing. Vice President and his public religious erything about John’s career also tells They did not see the Senate Judiciary utterances tore down even more bar- us that he understands one thing above Committee acquit itself in the best and riers? Should religious diversity and

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1269 tolerance be extended only to some re- Ashcroft was Attorney General, both of Court. In St. Louis, he criticized the ligions and not others? What we see in whom were Democrats, opposed the appointment of a well respected St. this part of the smear campaign court ordered desegregation. In fact, Louisan appointed to negotiate a set- against John Ashcroft is nothing less the second of those Treasurers, the late tlement. He even filed suit on the eve than religious bigotry. Mel Carnahan, was highly critical of of the beginning of the school year to Second, we have seen the absolutely both Attorney General Ashcroft and bar student participation in a St. Louis reckless charge that John Ashcroft op- me for the handling for the desegrega- city-county transfer program. posed desegregation. Several Members tion case. He was not critical of anyone Former Congressman Bill Clay, in a have attempted to use the long, tor- opposing the plan, rather he felt the letter to President Clinton, sharply tured and controversial school desegre- Attorney General was not being ag- criticized the Democratic Attorney gation cases in the State of Missouri to gressive enough in the fight. In 1981, he General as ‘‘waging unremitting war- color further their caricature of John told UPI, ‘‘In my opinion, they have fare’’ against the court orders which Ashcroft as insensitive and an extrem- not staffed up and produced in this case ‘‘provided educational opportunity for ist. To do so, however, they have to ig- and that’s the reason we’re where we many thousands of students in St. nore the facts of the case, the various are today on desegregation.’’ Louis’’. Nixon was also repeatedly tortured rulings, the victory in the And in 1983, as he was gearing up to criticized by the St. Louis chapter of Kansas City case, the fiduciary duty of run for Governor, Treasurer Carnahan the NAACP for his efforts. In 1995, the the Attorney General and the wide- even took the unusual action of re- group said those efforts ‘‘will wipe out spread opposition to the court-ordered questing a state appropriation so that the gains made by desegregation and desegregation plan by the public and the Treasurer’s office could join the deprive city parents of opportunities elected officials alike. case, initiating new litigation against they now have to better their chil- The truth of the matter is that the the federal court order desegregating dren’s education’’. The Kansas City desegregation cases were filed in St. the St. Louis schools. The Treasurer Star said this Attorney General Louis and Kansas City in 1972, with said the desegregation payments rep- ‘‘climbed over the backs of African Kansas City being litigated until 1995 resented ‘‘burdensome demands on the Americans’’ to advance his career. and the St. Louis case being litigated taxpayers of the state.’’ He further Yet when this man wanted again to until 1999. The lawsuits and the various stated ‘‘my staff and I have been in- advance his political career, was the court orders have been opposed by tensely studying the financial prob- Senator from Massachusetts con- Democratic and Republican Governors, lems created for the State of Missouri demning his actions? Quite to the con- Attorneys General and State Treas- by the court orders in the St. Louis de- trary, the Senator from Massachusetts urers and the overwhelming majority segregation case. It is my intention to was actively promoting his political of Missourians for nearly three dec- file additional actions or motions di- career, even headlining a fund raiser ades. To single out John Ashcroft and rected to testing the issues of state li- for him here in Washington. Nor can I to say his positions on the case and his ability for payments . . . I plan to use imagine the Senator labeling the posi- work was that of an extremist insensi- outside counsel for a separate addi- tions of Congressman GEPHARDT, tive to the needs of Missouri school tional effort to supplement and com- former Senator Eagleton, and the late children is one of the more misleading plement the efforts of the Attorney Governor Carnahan, whose campaign positions ever staked out on this floor. General to reverse or modify the orders the Senator from Massachusetts sup- Since I cannot imagine that col- as to state financial liability.’’ ported, as extreme. The hypocrisy leagues and critics would have one set As Governor, I refused to support the could not be clearer. And leads us back of standards for John Ashcroft, and an- appropriation because it was the job of to those guiding principles of this en- other for those in their own party, it is the Attorney General to handle legal tire effort against John Ashcroft—by only fitting that we review the whole matters that impact the state. But any means necessary, and spend what- record of the day. that statement by the state Treasurer, ever it takes. In September of 1981, in response to a Democrat and future Governor, The third charge centers around his the controversial Eighth Circuit deci- shows that John Ashcroft was clearly handling of the nomination of Judge sion, the current Minority Leader of in the mainstream and representing Ronnie White. Much has been said the House of Representatives, RICHARD the people of the state in a complicated about this, but let me simply say that GEPHARDT, introduced a constitutional and controversial legal matter. Unless the emotional power and pain of the amendment to ban court ordered bus- of course Mel Carnahan was an extrem- Johnson case remains as strong today ing to achieve racial integration. Con- ist too. The strong democratic opposi- as it was 10 years ago when the brutal gressman GEPHARDT was also a sponsor tion did not stop in the eighties but murders tore apart the lives of 4 fami- of legislation to bar federal courts continued right on through the ’98 elec- lies and their communities. from mandating busing as a remedy for tion cycle. In fact, the current Mis- For all my colleagues who agreed segregated schools. In explaining his souri Attorney General, Democrat Jay with Judge White’s reasoning that legislation, the esteemed minority Nixon, made opposition to state in- would have tossed out the conviction leader called busing for desegregation volvement in school desegregation a and granted a new trial to the triple ‘‘a total failure’’ and called the court- platform of his first campaign for At- cop-killer who also killed the sheriff’s ordered busing program in the St. torney General, calling busing ‘‘a failed wife right in front of her 8-year-old Louis schools ‘‘an obscenity and a social experiment’’ that must end in daughter; for those who agreed with his crime against the youth of St. Louis.’’ the State of Missouri. And he criticized lone dissent that Johnson’s lawyers About the same time, again while Sen- Ashcroft and Webster, the two previous didn’t do a good enough job so he de- ator Ashcroft was Missouri Attorney Attorneys Generals by stating ‘‘The re- serves a new trial—I would hope they General, Missouri Senator Tom Eagle- publican team hasn’t been fighting the would channel their strong views and ton, my predecessor, stated publicly battle against unfair desegregation weigh in with Missouri’s Governor in that he ‘‘personally opposes court or- payments; they’ve been losing it.’’ ‘‘We seeking a commutation of his death dered busing’’ and did not believe the need new and better lawyers to win the sentence. Johnson’s appeal to the U.S. St. Louis plan would work. While in case.’’ Supreme Court has been denied and he the Senate he fought the Department Upon taking office, Nixon filed suit now sits on death row. I can certainly of Health, Education and Welfare prac- to end state involvement in the St. provide any of you the correct address tice of denying funding to school dis- Louis desegregation case and filed suit of the Governor in Jefferson City. tricts that do not have a school deseg- to overturn a court decision in Kansas Finally the latest attempt to smear— regation plan in place. City. Shortly after that he appealed so weak that’s it more of a smudge— Beyond that, both Missouri State and fought the Kansas City plan all the was made by a democrat activist who Treasurers who served while John way to the United States Supreme claimed that 16 years ago John

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1270 CONGRESSIONAL RECORD—SENATE February 1, 2001 Ashcroft asked a legal but inappro- as Governor overlapped. I am familiar 332 ORGANIZATIONS ENDORSING JOHN priate question during a job interview. with his philosophy and his viewpoints ASHCROFT FOR U.S. ATTORNEY GENERAL Quickly refuted by others present in and though we do not see eye-to-eye on (Compiled by the Free Congress Foundation) the interview this attempted smear every issue I respect him as a person 48th Ward Regular Republican Organiza- fades from view, but again takes time and consider him a friend. tion (Chicago), 60 Plus Association, A Choice and energy to respond to. And when all for Every Child, Adirondack Solidarity Alli- But before my statement is dismissed ance, Alabama Citizens for Life, Alabama one’s energy is spent knocking down as a rubber stamp approval, let me be Policy Institute, Alaska Catholic Defense false charges it is hard to find the time clear: My vote to confirm Senator League, Alaska Right To Life, America’s to talk about what you believe can be Ashcroft is not without some concerns. Survival, Inc., American Association of accomplished at the Justice Depart- I am disappointed with his decision to Christian Schools, American Association of ment—which of course is what the peo- accept an honorary degree from Bob Pro-Life Obstetricians and Gynecologists, ple of America are really interested in. Jones University, an institution that American Center for Law and Justice, Amer- ican Civil Rights Coalition, American Civil How will you do the job? What are your has become a national symbol for ra- plans to improve the lives and opportu- Rights Union, American Conservative Union, cial and religious intolerance, without American Council for Immigration Reform, nities for all Americans? any acknowledgement or discussion let American Decency Association, American So where does all this leave us? Back alone repudiation of that school’s poli- Family Association, American Family Asso- where we started. cies that were egregious. And secondly, ciation of Arkansas, American Family Asso- A conservative, pro-life, Christian his handling of the Judge White nomi- ciation of Colorado, American Family Asso- simply isn’t fit to serve according to nation was considered by many of his ciation of Kentucky, American Family Asso- the litmus test of a bunch of left-wing former colleagues to have been unfair. ciation of Michigan, American Family Asso- groups. And rather than admit it, the ciation of Mississippi, American Family As- smokescreen of false charges must be But these two instances, while trou- sociation of New Jersey, American Family used to justify their own intolerance. bling, are not disqualifying. For me Association of New York, American Family this vote today is an affirmative vote Defense Coalition, California Central Coast It is a sad day that we have come to Chapter. this. But through it all John Ashcroft as a prologue to the future rather than a reaction to the past. This is sup- American Freedom Crusade, American Im- has stayed firm. Firm in his belief that migration Control, American Land Rights in America our sense of fairness will ported by his pledge he made at his Association, American Policy Center, Amer- outweigh short term political gain. confirmation hearing to serve as Attor- ican Pro-Constitutional Association, Amer- Firm in his belief that while his ney General for ‘‘all the people.’’ ican Renewal, American Shareholders Asso- attackers have been shameless and un- I take Senator Ashcroft at his word ciation, Americans for Ashcroft, Americans relenting, that he should not, and will when he says, and I quote, ‘‘I under- for Military Readiness, Americans for Tax stand that being Attorney General Reform, Americans for the Right to Life, not respond in kind. Americans for Voluntary School Prayer, I am so proud of John Ashcroft. I am means enforcing the laws as they are Americans United for the Unity of Church proud of his service to Missouri and the written, not enforcing my own personal and State, Arkansas Family Council, Asso- nation over the last 28 years. At each preferences. It means advancing the ciation of American Educators, Association level of responsibility, he not only ac- national interest, not advocating my of American Physicians and Surgeons, Asso- quitted himself as a gentleman and personal interest.’’ Throughout his ciation of Christian Schools International, good American, but he did great work confirmation hearing, Senator Association of Concerned Taxpayers, Asso- on behalf of so many citizens. That is Ashcroft was unequivocal and unwaver- ciation of Maryland Families, Baptist Inter- national Missions, Inc. true of his terms as Missouri Attorney ing with respect to the manner in Brass Roots, BrotherWatch, California General. As Governor. And United which he would serve, if elected, as At- Public Policy Foundation, California Repub- States Senator. He is a fine man. He is torney General. lican Assembly, Calvary Baptist Academy, a gentleman. A good man of deep con- Additionally, yesterday I spoke to Campaign For California Families, Capital viction who will do great service on be- Senator Ashcroft and expressed my res- Research Center, Catholic Citizens of Illi- half of all Americans as our next At- ervations and concerns. In that con- nois, Catholicvote.org, Center for Military Readiness, Center for Pro-Life Studies, Cen- torney General. So I am also very versation, he reiterated his commit- proud that a fellow Missourian will be- ter for Reclaiming America, Center for the ment to lead a professional and non- Study of Popular Culture, Christian Coali- come the next Attorney General of the partisan Justice Department, and as- tion of Alabama, Christian Coalition of United States of America. But perhaps sured me of his intention to honor his America, Christian Coalition of California, most of all, I am proud to be able to pledge. Christian Coalition of Florida, Christian Co- call John Ashcroft my friend. For me, this affirmative vote is not alition of Georgia, Christian Coalition of Maine, Christian Coalition of Montana, I yield the floor. about politics; it is about potential and Mr. NELSON of Nebraska. Mr. Presi- Christian Coalition of Ohio, Christian Coali- opportunity. If Senator Ashcroft is a dent, today I will vote to confirm tion of Rhode Island, Christian Schools of man of integrity—which he says he is former Senator John Ashcroft as At- Vermont, Christian Voice. and which I believe him to be—then he Christus Medicus Foundation, Citizen Sol- torney General of the United States. will uphold his constitutional duty, dier, Citizens Against Government Waste, The President of the United States has prove his nay-sayers wrong, and work Citizens Against Higher Taxes, Citizens the constitutional authority to nomi- tirelessly to help ensure justice for all. Against Homicide, Citizens Against Repres- nate those individuals he thinks will sive Zoning, Citizens for a Sound Economy, Indeed, the stakes are high, but that is most ably advise him; therefore, I give Citizens for Community Values, Citizens for exactly where Senator Ashcroft has President Bush latitude in choosing Constitutional Property Rights, Citizens for put them. I look forward to working the members of his Cabinet. My role in Excellence in Education, Citizen for Law and with him and to helping him keep his this process, as defined by the Con- Order, Citizens for Less Government, Citi- unequivocal promise to the American zens for Traditional Values, Citizens United, stitution, is to give my advice and con- people. CNP Action, Inc., Coalition for Better Com- sent to the President on his nominees Mr. SMITH of New Hampshire. Mr. munity Standards, Coalition for Constitu- for Cabinet positions. In keeping with tional Liberties, Coalition for Local Sov- that duty, I want to present a clear ex- President, Senator Ashcroft has re- ereignty, Coalition on Urban Renewal and planation as to why I will vote to con- ceived broad bipartisan support from a Education, Coalitions for America, Colorado firm the President’s choice for Attor- number of organizations. I ask unani- Association of Christian Schools. ney General. mous consent that a list of 332 organi- Committee for a Republican Future, Con- I have known John Ashcroft for well zations supporting Senator Ashcroft be cerned Citizens Opposed to Police States, placed in the RECORD. Concerned Women for America, Concerned over 10 years. We both have had the Women for America of Colorado, Concerned honor to serve as the Chief Executive There being no objection, the mate- Women for America of Kansas, Concerned for our respective States. We were even rial was ordered to be printed in the Women for America of Mississippi, Con- colleagues for 2 years when our terms RECORD, as follows: cerned Women for America of New Jersey,

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00058 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1271 Concerned Women for America of North Against Christian Discrimination, National tion of Lee County, United States Justice Carolina, Concerned Women for America of Association of Christian Educators, National Foundation, U.S. Business and Industry N.E. Texas, Concerned Women for America of Association of Korean Americans, National Council, Utah Eagle Forum, Utah Repub- S.E. Texas, Concerned Women for America of Assoc. of Muslim American Women, National lican Assembly, Victims and Friends United, Utah, Concerned Women for America of Vir- Center for Constitutional Studies, National Watchdogs Against Government Abuse, We ginia, Connecticut Eagle Forum, Conserv- Center for Home Education, National Coali- the People Congress, We the People Founda- ative Caucus, Inc., Conservative Party of tion for the Protection of Children and Fam- tion, Weld County Republicans, Well of Liv- New York State, Conservative Party of On- ilies, National District Attorneys Associa- ing Water, West Virginians Against Govern- tario County, New York, Conservative Vic- tion, National Federation of Republican As- ment Waste, Whatcom County Republican tory Funds, Constitution Party of Vermont, semblies, National Institute of Family and Party, Wisconsin Information Network, Wis- Coral Ridge Ministries, Coral Ridge Min- Life Advocates, National Law Enforcement consin State Sovereignty Coalition, Young istries Media, Inc., Council of Conservative Council, National Legal and Policy Center, America’s Foundation, Young Americans for Citizens, Inc., Crime Victims United of Cali- National Legal Foundation, National Lib- Freedom. fornia, Culture of Life Foundation, Cutting erty Journal, National Organization for Mr. CORZINE. Mr. President, I rise Edge—A Talk Show, Defenders of Property Women—Dulles Area, National Rifle Asso- in opposition to the nomination of Rights, Delaware Christian Coalition, Dela- ciation, National Sheriffs’ Association, Na- ware Home Education Association, D.T. tional Tax Limitation Committee. John Ashcroft to be Attorney General. Crime Victims Bureau. National Taxpayers Union, National I have given a great deal of thought Eagle Forum, Eagle Forum of Alabama, Troopers Coalition, Neighborhood Research/ to this nomination and have considered Eagle Forum of Alaska, Eagle Forum of Ar- Mountaintop Media, Nevada Eagle Forum, it very seriously. As a new Senator, I kansas, Eagle Forum of California, Eagle Nevada Republican Assembly, New Hamp- did not serve with Senator Ashcroft, so Forum of Georgia, Eagle Forum of Mis- shire Right to Life, New Jersey Christian Co- I do not know him personally. How- sissippi, Eagle Forum of New Jersey, Eagle alition, New Jersey Family Policy Council, ever, I personally attended the nomina- Forum of North Carolina, Eagle Forum of New York Eagle Forum, North Carolina tion hearings and listened carefully to Ohio, Eagle Forum of Oklahoma, Eagle Christian School Association, North Caro- Forum of Rhode Island, Eagle Forum of lina Conservatives United, Northern Virginia the testimony. I also reviewed many of South Carolina, Eagle Forum of Wisconsin, Republican Action Committee, Northwest the statements prepared by supporters Eastern Orthodox Women’s Council of Great- Legal Foundation, Oklahoma Council of and opponents of the nomination, and er Bridgeport, English First, Environmental Public Affairs, Oklahoma Family Policy heard from a large number of my con- Conservation Organization, Erie Citizens Council, Old Dominion Association of Church stituents in New Jersey. Against Pornography, Evergreen Freedom Schools, Open Door Baptist Church, Oper- After considering all the facts, I con- Foundation, Families Allied for Intelligent ation Rescue, Operation Save America, Orga- cluded that Senator Ashcroft, while in Reform of Education, Families and Friends nized Victims of Violent Crime, Orthodox many ways a very fine and distin- of Murder Victims, Family Association of Union, Parents in Control, Parents Request- Kentucky, Family First, Nebraska, Family ing Open Vaccine Education, Parents Rights guished public servant, simply is not Life Communications, Family Policy Net- Coalition of Massachusetts, Pennsylvania the right person for the job. Let me work, Family Research Council, Family Re- Family Institute. take a few moments to explain my search Forum of Wisconsin. Pennsylvania Landowners Association, thinking. Family Research Institute of Wisconsin, Pennsylvania Republican Assembly, People In general, I believe that a Presi- Family Taxpayers Network, Florida Eagle Advancing Christian Education, Personal dent’s choice for a Cabinet position de- Forum, Inc., Focus on the Family, Fraternal Request, Project 21, Pro-Life Action League, serves deference. However, the position Order of Police, Freedom Alliance, Friends Pro-Life America, Pro-Life Ohio, Property of Attorney General deserves special of Oregon, Georgia Report, Global Evan- Rights Congress, Providence Foundation, Re- scrutiny. As head of the Justice De- gelism Television, Government Is Not God— ligious Freedom Coalition, Republican Lib- PAC, Graham Williams Group, Granite State erty Caucus, Republican National Coalition partment, the Attorney General has Taxpayers, Guardians of Education for for Life, Republican National Hispanic As- the unique responsibility to interpret Maine, Hawaii Christian Coalition, sembly (Dallas County), Republican Plat- the law on behalf of the executive Heritageridge Church and School, Home Edu- form Committee, Republicans Against Por- branch, to investigate and prosecute cation Radio Network, Home School Legal nography, Right To Life of Cincinnati, Save suspected criminals, to uphold our civil Defense Assoc., Human Life Alliance, Illinois America’s Youth, Second Amendment Sis- rights laws, to represent the govern- Assoc. of Christian Schools, Illinois Citizens ters, Small Business Survival Committee, ment before the Supreme Court for Life, Illinois Right to Life Committee, South Dakota Family Policy Council, South through the Office of the Solicitor Gen- Independent Women’s Forum, Indiana Eagle Dakota Shooting Sports Association, South- Forum, Information Radio Network, Insti- ern Baptist Convention, Sovereignty Inter- eral, and to manage immigration, tute for Justice, Int’l. Assoc. of Chiefs of Po- national, Speaking the Truth in Love Min- among many other critically impor- lice, Iowa Family Policy Center, Islamic In- istries, St. John County Private Property tant responsibilities. In addition, the stitute Foundation. Rights Group. Attorney General, while serving the Justice Against Crime, Justice for Murder Taxpaying Adults, Teen-Aid, Inc., Ten- President, also must maintain a degree Victims, Kansas Conservative Union, Kansas nessee Association of Christian Schools, Ten- of independence from politics, so that Eagle Forum, Kansas for Life, Kansas Tax- nessee Eagle Forum, Tennessee Republican he or she can pursue wrongdoing with- payers Network, KBRT AM 740 (Costa Mesa, Assembly, Texas Eagle Forum, Texas Home in the government. The Attorney Gen- CA), KFLR Radio (Phoenix, AZ), Landmark School Coalition, Texas Journal, Texas Pub- Legal Foundation, Landowners Assoc. of lic Policy Foundation, The Alliance for Tra- eral is the people’s lawyer. For all North Dakota, Law Enforcement Alliance of ditional Marriage and Values, The American these reasons, it is imperative that the America, League of American Families, Lib- Family Policy Institute, The American Pis- Attorney General be an individual not erty Counsel, Life Action League of Massa- tol and Rifle Association of Vermont, The only of unquestioned personal integ- chusetts, Life Advocacy Alliance, Life Coali- Armstrong Foundation, The Center for Ari- rity, but someone who will be broadly tion International, Life Decisions Inter- zona Policy, The Center for Equal Oppor- perceived as administering justice and national, Life Issues Institute, Life Legal tunity, The Center for Security Policy, The enforcing the law fairly and impar- Defense Foundation, Los Angeles Coalition Christian Civic League of Maine, The Con- tially for all people. of Crime Victims Advocates, Louisiana Fam- stitutional Coalition, ‘‘The Don Kroah ily Forum, Madison Project, Maine Right To Show’’ (WAVA Radio), The Family Council, Unfortunately, after examining Sen- Life Committee, Inc., Maryland Constitution The Family Foundation, The Family Foun- ator Ashcroft’s record, I have serious Party, Maryland Taxpayers Association, dation (Kentucky), The Family Institute of concerns about whether as Attorney Massachusetts Citizens for Life. Connecticut, The Federalist. General he would be able to set aside Massachusetts Eagle Forum, Massachu- The Greenfield, Tennessee Movement To his long-standing and strongly held setts Family Institute, Medina County Impeach Federal Judge John T. Nixon, The views and perform his duties in a fully Christian Coalition, Memory Of Victims Ev- National Center for Public Policy Research, objective, fair and impartial manner. erywhere, Michigan Decency Action Council, The Niobrara Institute, The Patrick Henry I base this conclusion on several Michigan Family Forum, Minnesota Associa- Center for Individual Liberty, The Strategic tion of Christian Schools, Minnesota Chris- Policies Institute, Toward Tradition, Tradi- prior instances in which Senator tian Coalition, Minnesota Family Council, tion Family, Property, Inc., Traditional Val- Ashcroft’s view of the law and the facts Mississippi Family Council, Missouri Eagle ues Coalition, U.S. Family Network, United seem to have been heavily biased and Forum, MKL Associates, National Alliance Seniors Association, United Seniors Associa- colored by his ideology. Perhaps most

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1272 CONGRESSIONAL RECORD—SENATE February 1, 2001 importantly, in 1997, he led the opposi- I believe it would be a mistake to se- firmed. I wish him every success. I tion to Judge White of the Missouri Su- lect an Attorney General whose tend- hope he will take these votes of dissent preme Court by making a series of ac- ency to view the law ideologically as they are intended: not as acts of cusations that were inaccurate. For ex- could aggravate our nation’s divisions. spite or recrimination, but as pleas for ample, he claimed that Judge White For all these reasons, I oppose this healing and harmony. opposed the death penalty and believed nomination. While I must withhold my vote on his that ‘‘it apparently is unimportant . . . Mrs. CARNAHAN. Mr. President, en- confirmation, I pledge my support on how clear the evidence of guilt.’’ This circling the Great Seal of the State of all matters that he and the President was very unfair, as Judge White voted Missouri are the words ‘‘United We pursue in the interest of a more just to affirm death sentences in the vast Stand; Divided We Fall.’’ It is a motto and peaceful nation. majority of cases that had come before that has guided our people well over Mr. ENZI. Mr. President, I rise today him, and had unequivocally assured the the last 180 years. in support of the confirmation of my Judiciary Committee that he was pre- In that same spirit, President Bush, friend and former colleague, Senator pared to impose the death penalty. In at the onset of this new century, has John Ashcroft, to be Attorney General fact, in the case that Senator Ashcroft declared that he wants to be ‘‘uniter of the United States. As a man of the used to criticize Judge White, the not a divider.’’ highest integrity, experience, and abil- Judge’s decision was based not on op- I am deeply encouraged, for I want to ity, Senator Ashcroft is uniquely quali- position to the death penalty, but on a join with him and the Congress to fied to serve as our nation’s premier reasoned analysis of serious constitu- reach across the chasm of our political law enforcement officer and the admin- tional problems that he believed had differences to do some hard work for istrator of one of the federal govern- prevented the defendant from receiving the American people. ment’s largest agencies. a fair trial. This was a clear example of Within the Senate, we have already Senator Ashcroft’s qualifications for Senator Ashcroft’s ideology coloring reached out in a spirit of bi-partisan- the position of Attorney General have his interpretation of the facts. ship in structuring our committees. So been well documented on the floor and Senator Ashcroft’s strong ideological far I have had the opportunity to vote I only need mention them in passing: approach also seemed to skew his views in favor of all of the President’s Cabi- law professor, State auditor, two-term in the case of Bill Lann Lee, a nominee net nominees. Attorney General, two-term Governor, to head the Civil Rights Division of the This was the beginning of a concilia- and United States Senator from the Department of Justice. Senator tory course—a fragile alliance—but, State of Missouri. Such a record of Ashcroft said he voted again Lee be- nonetheless, one that I believe must public service spanning such a period of cause of ‘‘serious concerns about his mark any real progress in the 107th years demonstrates the great trust and willingness to enforce’’ a Supreme Congress. admiration the people of Missouri have But I do not believe that the nomina- Court decision limiting preferences for placed in Senator Ashcroft over nearly tion of John Ashcroft furthers the con- minority companies in awarding gov- 30 years. ciliatory tone that President Bush has ernment contracts, and the Senator What has impressed me about Sen- set. adopted a highly restrictive interpreta- ator John Ashcroft’s record is not only Senator Ashcroft has a long record of the length of public service, but the tion of that decision, challenging Mr. public service—a record that I brought Lee’s interpretations of the Court’s in- breadth of this experience as well. to the attention of the Judiciary Com- There is no doubt that the ideal can- structions and guidance. However, this mittee when I introduced him. But in challenge appears to have been based didate for the position of attorney gen- the end, I must determine if that eral is someone who has a good grasp of on Senator Ashcroft’s own ideological record makes him suitable to be the opposition to affirmative action, not the law and a true dedication to en- United States Attorney General. force that law. However, the job entails the law or the Court’s direction. Had Senator Ashcroft been nomi- a great deal more than that. In fact, In another case, when he served as nated for any other Cabinet post, I the attorney general needs to be a good attorney general of Missouri, Senator could have easily supported him. His manager to oversee the 125,000 employ- Ashcroft sought to invalidate a State credentials or faith are not in dispute ees of the Department of Justice in de- law that authorized nurses to engage in here, nor should they ever be. Rather, partments as diverse as the Immigra- various practices, including the dis- it is the conflict that his words and tion and Naturalization Service, the pensing of contraceptives. Senator deeds have generated throughout his Federal Bureau of Investigation, and Ashcroft, a strong opponent of abor- public career. tion, argued that this was unconstitu- Given the sweeping discretionary the Federal Bureau of Prisons. Senator tional. Yet there was no constitutional power of this position, I do not believe Ashcroft’s sixteen years as an execu- authority for this position, and it was that the office of Attorney General of tive in Missouri, first as State attorney rejected by the Missouri Supreme the United States is the right job for general and then as Governor, have Court on a unanimous vote. Again, Senator Ashcroft. made him uniquely qualified to man- Senator Ashcroft’s strongly held ideo- When asked by my colleagues about age one of the largest federal agencies. logical views had skewed his views of this nomination, I urged them to ig- Moreover, his service with us in the the law and led to a highly subjective nore their personal relationships and United States Senate and his involve- and biased conclusion with little objec- political considerations. Instead, I ment on the Senate Judiciary Com- tive merit. called on them to vote their con- mittee have prepared him to work These are just a few of many exam- science. I must do the same. closely with Congress in enforcement ples in which Senator Ashcroft dem- Regrettably, I am unable to provide and development of Federal law. onstrated an inability to move beyond my consent for this nomination. In addition to Senator Ashcroft’s re- his own views and reach a fair, objec- I am compelled by principles and be- markable credentials to serve as tive and balanced conclusion about the liefs I shared with my husband for over United States Attorney General for all merits of a legal position. If history is forty years in public life, including the Americans, I would like to remark on any guide, his enforcement of the law belief that we should do all in our his particular interest and experience will be seriously biased by his ideolog- power to bring people together rather in the crime issues facing rural com- ical views. This, in my view, disquali- than drive them apart. munities. As many of my colleagues fies him for a position as Attorney The call of conscience must super- know, in the past several years rural General, for which fairness, objectivity sede all others. It is the only reliable America has witnessed an explosion in and balance are perhaps the most im- anchor in the tempestuous sea of pub- illegal methamphetamine use, espe- portant qualities. In a period in our na- lic life. cially among our nation’s youth. Na- tion’s history in which we need to In casting this vote, I do so knowing tionwide, meth use increased 60% be- come together after a divisive election, that John Ashcroft will likely be con- tween 1992 and 1999 among America’s

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1273 high school seniors. Unfortunately, the that a Justice Department headed by of Missouri. Instead, all the evidence story is much bleaker in our rural com- John Ashcroft will pursue a coordi- seems to point to the contrary. Not munities. In my own State of Wyo- nated approach with the Office of Na- only did the people of Missouri con- ming, methamphetamine investiga- tional Drug Control Policy and other tinue to elect John Ashcroft to posi- tions increased 600% between 1992 and agencies to help eliminate the red tape tions of public trust, but his fellow 1998. Like all illegal drug abuse, meth and ensure that our law enforcement State attorneys general and his fellow abuse tears at the very fabric of soci- personnel in rural states are receiving governors elected him in turn president ety by destroying families, increasing the resources they need to keep our of their respective organizations. Keep violent crime, and dashing the dreams communities safe and drug free. in mind that these organizations are and promise of all too many of our na- We have heard a great deal of acri- bi-partisan and represent members tion’s youth. mony from some of the far-left interest from a wide spectrum of political and While the battle against meth use groups over the nomination of Senator philosophical views. The fact that the and trafficking is primarily a State re- Ashcroft. Evidently these groups are State attorneys general and the State sponsibility, there is a role for the fed- intent in destroying Senator Ashcroft’s governors would choose John Ashcroft eral government by supplying re- reputation even if they are unsuccess- to head their organizations is evidence sources for law enforcement training, ful in derailing his confirmation. The of the trust and respect that his col- meth lab cleanup, and education and attacks by these organizations are en- leagues had for his integrity, his abil- prevention programs to help parents tirely unfounded and seem more de- ity, and his willingness to fairly and and teachers teach children the dan- signed to raise funds for the particular faithfully enforce the laws as he found gers of meth. Senator Ashcroft was a interest groups than to find the truth them. This record stands in stark con- true leader in recognizing and fur- about our former colleague. trast to the revisionist history that has thering a limited, focused role for the I must say that one of the charges been spread in the media by groups op- Federal Government in the battle that has been most disturbing to me is posed to Senator Ashcroft’s nomina- against methamphetamine use and the insinuation that Senator Ashcroft tion. trafficking. In 1999, Senator Ashcroft will not faithfully enforce the laws of I have known Senator Ashcroft both introduced legislation to combat this the United States because he is a de- as a colleague and a friend. He is a problem. While I knew that Missouri voted Christian. Not only are such thoughtful and honorable public serv- had faced many of the same problems charges entirely unfounded, but they ant who has served the people of Mis- faced in Wyoming, I was truly im- smack of a religious bigotry of the souri and the United States with dis- pressed with Senator Ashcroft’s under- most dangerous kind. Such bigotry is tinction for nearly thirty years. He is standing of the meth problem and will- nothing new, but it should be con- dedicated to consistently and fairly up- ingness to listen to the problems facing demned in any age in which it raises holding and enforcing the Constitution law enforcement in other states. Before its ugly head. One no less than George and laws of the United States. I have introducing his legislation, Senator Washington warned against the efforts every confidence that Senator Ashcroft Ashcroft and his staff made a par- in his own day to banish religion from will bring dignity and integrity to the ticular effort to understand the prob- the public square. In his farewell ad- office of the Attorney General as he lems facing law enforcement personnel dress of September 29, 1796, President has to the numerous positions of public in Wyoming and incorporated our sug- Washington remarked: trust he has filled in the past. I urge gestions in Senator Ashcroft’s legisla- Of all the dispositions and habits which my colleagues to join my voting to tion to help address these problems. I lead to political prosperity, Religion and mo- confirm Senator Ashcroft as Attorney have to say that Senator Ashcroft’s rality are indispensable supports. In vain General. deep understanding of the greatest would that man claim the tribute of Patriot- Mrs. LINCOLN. Mr. President, if crime issue facing our State of Wyo- ism, who should labor to subvert these great there is one thing I have learned about ming and his experience as a problem Pillars of human happiness, these firmest working in Washington is that we must solver both as Governor of Missouri props of the duties of Men and citizens. learn to respect and recognize our dif- and United States Senator give me We should pay heed to the words of ferences. I certainly expect a new great encouragement that he will work our first president and disavow any ef- President to select Cabinet nominees with the Congress to address the needs fort to banish Senator Ashcroft, or any who share his basic beliefs and ide- of all states, not just those with large other public servant, from public life ology. I have thus far voted to confirm urban areas. because of his or her religious beliefs. every nominee that President Bush has I must say that Senator Ashcroft’s The founders were well aware of the submitted to the Senate since he took understanding and appreciation for the dangers inherent in applying religious office—even those who hold positions issues involved in the area of rural tests to the holding of public office. on important issues that are different crime stands in stark contrast with my That is why they included a specific from my own. In fact, it is fair to say experience with the previous Adminis- prohibition to any such practice in Ar- that I have been generally pleased with tration. Law enforcement officials in ticle six of the Constitution where they the talented and dedicated public serv- my State have all too often been given said ‘‘no religious Test shall ever be re- ants President Bush has chosen to lead the run around by the Department of quired as a Qualification to any Office this Administration. Justice and the Office of National Drug or public Trust under the United While the President retains the Con- Control Policy when they have at- States’’. Rather than ask that Senators stitutional authority to appoint his tempted to pursue additional funding apply an explicit test such as that pro- Cabinet, I also take very seriously my programs or when they have attempted hibited in Article six, the far-left spe- Constitutional responsibility as a Sen- to include additional Wyoming coun- cial interest groups that oppose Sen- ator to provide advice and consent on ties to the list of High Intensity Drug ator Ashcroft’s nomination have his appointments. Our role in the con- Trafficking Areas. In fact, in one con- turned instead to rumor and innuendo firmation process isn’t to afix a rubber versation, an employee at the ONDCP to imply that anyone who has strong stamp on presumptive nominees, espe- told a top law enforcement officer in religious beliefs such as those held by cially for a position as important as Wyoming that they didn’t have anyone Senator Ashcroft is incapable of en- this. Unlike other Cabinet posts, Mr. at the department that could approve forcing federal laws with which he President, the Attorney General is re- new HIDTAs! I found that somewhat might not be in total agreement. sponsible for representing and defend- astonishing given that is one of the Nor surprisingly, these groups have ing the rights and constitutional free- very purposes of the office of the Drug not brought forth any specific exam- doms of every American. I believe this Czar. Given his track record in the ples where Senator Ashcroft failed to position requires someone who under- State of Missouri and in the United enforce the laws when he served as at- stands and appreciates that not every States Senate, I have every confidence torney general or governor of the State American is born with equal access to

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1274 CONGRESSIONAL RECORD—SENATE February 1, 2001 the opportunities and blessings that course of this litigation, Senator practice, I think that by going to court make our nation great. Ashcroft initiated numerous challenges against the nurses of his state, Senator In my opinion, to fulfill the duties and appeals that were firmly and re- Ashcroft displayed a relevant degree of with which the Attorney General is en- peatedly rejected by the courts. In- insensitivity on a critical issue to the trusted, the nominee must be pro-ac- stead of accepting the decisions ren- persons most affected in this case. tive in his pursuit against discrimina- dered, he pursued a course of action I must tell you I’m still deeply dis- tion and injustice as the law demands. that drew judicial criticism and, in one appointed by the way this body treated Successfully defending the rights of instance, a threat of contempt for fail- Judge Ronnie White. In my opinion, every citizen ultimately depends upon ure to comply with a court order. Judge White is a decent, honorable the wide discretion an Attorney Gen- I believe it is one thing to vigorously man who deserved much better. Even eral exercises to initiate investiga- assert your legal rights in a court of though I believe Senator Ashcroft is tions, establish Task Forces and pros- law. It’s something else, however, for a sincere in his belief that Judge White ecute wrongdoers. state’s top law enforcement official to should not sit on the federal bench, I After reading Senator Ashcroft’s re- display such a cavalier attitude toward seriously question the manner in which sponse to the questions I submitted to- the judicial branch of government. I he acted to defeat his nomination. Now gether with his testimony before the know the issue of racial integration in that we have all had time to review a Senate Judiciary Committee, I am rea- public education can ignite powerful more complete and balanced report of sonably confident he is prepared to emotions. I was a young elementary Judge White’s record, I am confident react to crime and injustice when it oc- school student when Helena public the Senate would not make the same curs. I am not convinced, however, that schools in Arkansas were integrated. mistake again. In fact, Senator he is prepared to do any more when This was not an easy transition at the Ashcroft has received the same kind of called upon to enforce a law with which time and it certainly left a powerful deference and fair treatment that I he passionately disagrees. His convic- and positive impression on me that I wish he had shown Judge White. tions are deeply held and he has fought shall never forget. So I know that hon- I was taught at an early age that stubbornly for them in the past. I truly est people can disagree passionately public service is a high calling and a doubt that he can set them aside so about this issue and I don’t question noble profession. In accordance with easily now. the personal views Senator Ashcroft that belief, it is essential that we in I must tell you that I am deeply may have on this matter generally. I the Senate discharge our responsibility moved by the constitutional role I am do, however, question the judgement he to consider nominations in a manner called upon to perform today. Passing exercised as a public official in this that encourages the most talented and judgement on a former colleague is ex- case. qualified individuals to seek employ- tremely difficult and not a part of our As a Senator from a state that expe- ment in the public sector. I am con- normal responsibilities. I respect Sen- riences difficulty in recruiting physi- fident that the Senate fell short of that ator Ashcroft as a former colleague and cians and other qualified medical pro- standard in this case. Taken together—the battle waged someone I know to be deeply com- fessionals to work in rural commu- over desegregation in St. Louis, the at- mitted to his religious teachings and nities, I was also concerned by actions tempts to stop nurses from providing the causes he champions. Also, I would Senator Ashcroft took as Attorney basic medical services to underserved like to add that I would gladly support General to restrict access to medical patients and the decision to defeat the his confirmation to any other Cabinet care in underserved communities. Ac- nomination of a qualified nominee who post. cording to the record, Senator Ashcroft deserved better—these instances and In the end, though, I have concluded issued an opinion as Attorney General other facts in the record lead me to it is his deeply held beliefs over issues of Missouri and later intervened in a conclude that Senator Ashcroft will that fall directly under the jurisdiction court case to prohibit qualified nurses further divide our country on these of the Justice Department that will with advanced training from providing sensitive issues. impede his ability to do this job—to en- necessary and routine gynecological I encourage the President to consider force the law without bias or favor to- services to underprivileged female pa- another nominee who will help him ward anyone; to vigorously fight dis- tients at clinics in Missouri. The med- heal these wounds, not open them crimination and its painful legacy and ical services at issue included con- anew. In the alternative, I hope our to defend the constitutional rights he ducting breast and pelvic examina- new President will work to heal the has fought so zealously to overturn in tions, performing PAP smears and pro- wounds inflicted by this nomination on the past. Ironically, his passionate ad- viding information about effective con- the Senate, the Presidency and our na- vocacy that inspires respect in me and traceptive practices. Furthermore, the tion so that we can move forward to others is what, in my opinion, makes health clinics involved were located in address the problems of all Americans Senator Ashcroft the wrong man for counties in which there was not a sin- in a bipartisan way. this job. gle physician who would accept Med- Mr. KYL. Mr. President, I rise in For the benefit of my constituents icaid eligible patients for pre-natal strong support of the nomination of who hold passionate views on both care or childbirth. John Ashcroft to be the U.S. Attorney sides of this issue and for my col- Senator Ashcroft put the weight of General. leagues listening today, I would like to his office behind an effort to declare Senator Ashcroft has superb legal take a few moments to highlight some the gynecological services at issue in qualifications. He was educated at Yale of the factors I considered when mak- this case outside the scope of practice and the prestigious University of Chi- ing my decision. for professional nurses in Missouri. cago law school. While in the U.S. Sen- I must confess, Mr. President, when I Thankfully, for the female patients ate, he served on the Judiciary Com- reviewed the history of Senator who depend on qualified medical pro- mittee and chaired its Subcommittee Ashcroft’s involvement in an effort to fessionals who aren’t physicians to de- on the Constitution. desegregate public schools in St. Louis, liver necessary care, that claim was re- Senator Ashcroft is also the most ex- I was surprised and troubled by what I jected in a unanimous ruling by the perienced nominee for U.S. Attorney read. According to testimony presented Missouri Supreme Court. General in American history. He served at his confirmation hearing, Senator I am concerned about access to care as Missouri’s attorney general, its gov- Ashcroft, in his capacity as Attorney because, after growing up in East Ar- ernor, and, of course, one of its U.S. General of Missouri, engaged in an ex- kansas, I am well aware of the obsta- Senators. Since the founding of the na- traordinary legal campaign that cles women face in obtaining the spe- tion, none of the previous 66 Attorneys spanned several years to block imple- cialized medical care they need. While General had his level of experience. mentation of a voluntary school inte- I respect the right of each state to es- Opponents have offered a number of gration plan in St. Louis. During the tablish their own standards of medical reasons for their opposition. I would

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1275 like to take this opportunity to re- nation was justified. Senator position—or any position—in the gov- spond. Ashcroft’s concerns with Bill Lann Lee ernment, whereas Senator Ashcroft First, what should the standard for were based on Lee’s long record of ac- served as attorney general of Missouri confirmation be? The general rule for tivism as a public interest lawyer. Re- for eight years and as governor for confirmation of Justice Department publicans on the Judiciary Committee eight years. He had distinguished ten- nominees was well-stated by Senator opposed Lee’s nomination because they ures in both offices. In fact, he served LEAHY in connection with President were justly concerned about his will- as President of the National Associa- Clinton’s nomination of Walter ingness to enforce the law as stated in tion of Attorneys General and as Chair- Dellinger to be head of the Office of Justice O’Connor’s opinion for the Su- man of the National Governors Asso- Legal Counsel at the Department of preme Court in Adarand. In Adarand, ciation and Chairman of the Education Justice: the Supreme Court held that all gov- Commission of the States. The Senate has a responsibility to advise ernmental racial classifications were In sum, Senator Ashcroft had serious and consent on Department of Justice and subject to strict scrutiny—that is, they reasons for concern with the Lee nomi- other executive branch nominations. And we must be narrowly tailored to serve a nation, and his concern was borne out. must always take our advice and consent re- compelling government interest. Mr. In contrast, Senator Ashcroft has not sponsibilities seriously because they are Lee repeatedly stated the standard for waffled, redefined, or otherwise given among the most sacred. But I think most racial preferences in less strict terms. Senators will agree that the standard we reason to believe that he would not apply in the case of executive branch ap- He also found that only one of the 150 apply the law as it is. While Lee con- pointments is not as stringent as that for ju- current federal programs involving ra- tinued to aggressively litigate, John dicial nominees. The President should get to cial classifications would be invalid Ashcroft has shown no sign that he will pick his own team. Unless the nominee is in- under Adarand. continue to legislate. He did not do so competent or some other major ethical or in- Senator Ashcroft explained why he as Missouri Attorney General, and he vestigative problem arises in the course of opposed Bill Lann Lee’s nomination— would not do so as U.S. Attorney Gen- our carrying out our duties, then the Presi- he was concerned that Mr. Lee would dent gets the benefit of the doubt. There is eral. In fact, John Ashcroft has repeat- not enforce the law. Senator Ashcroft edly stated that he will enforce the no doubt about this nominee’s qualifications testified: ‘‘I joined with eight other Re- or integrity. This is not a lifetime appoint- law—yet this reassurance has failed to ment to the judicial branch of government. publicans on the Senate Judiciary satisfy his critics. It’s a Catch-22. He President Clinton should be given latitude in Committee in opposing Bill Lee’s nom- has, like every nominee, said he will naming executive branch appointees, people ination to be assistant attorney gen- uphold the law; and no one has ever to whom he will turn for advice. I should eral because I had serious concerns questioned his integrity. But when also note that his nomination went through about his willingness to enforce the the Judiciary Committee—by no means a John Ashcroft pledges to uphold the Adarand decision . . . [Mr. Lee] was an law, critics say that this is a ‘‘new’’ rubberstamp—unanimously. excellent litigant, but I had concerns The recent debate over Walter Dellinger is John Ashcroft, that he has flipped and another instance of people putting politics that he viewed the Adarand decision as is not credible. What they are saying is over substance. Yes, he has advised and spo- an obstacle rather than as a way in that he cannot satisfy them whatever ken out about high-profile constitutional which the law was defined. Adarand he says. John Ashcroft knows the dif- issues of the day. I would hope that an ac- held that government programs that ference between being a legislator and complished legal scholar would not shrink establish racial preferences based on being an executive. He is a man of in- away from public positions on controversial race are subject to strict scrutiny, that tegrity. He should be taken at his issues, as it appears his opponents would pre- is the highest level of scrutiny under word. He cannot prove a negative—that fer. One can question Professor Dellinger’s the Supreme Court’s equal protection positions and beliefs, but not his competence he won’t fail to do his job. To hold him clause. Adarand was a landmark deci- and legal abilities. to that standard is to ask of him the sion, it was substantial, it was impor- This is the standard that is tradition- impossible. Senators have the right to tant. Mr. Lee did not indicate a clear ally applied and it is the proper stand- vote on any grounds they like; but they willingness to enforce the law based on ard. While acknowledging that presi- should not shroud their vote in a sham that decision.’’ dents are ordinarily entitled to def- Senator Ashcroft’s concerns about standard. An example of setting up an impos- erence in the selections for their cabi- Bill Lann Lee proved to be well-found- sible standard is the view by some net, in the nomination of John ed. For example, in 1998, a federal Ashcroft critics argue that they are judge, a Carter-appointee, assessed an that, because Senator Ashcroft opposes justified in applying a tougher stand- unprecedented $1.8 million attorney fee abortion he cannot by definition en- ard for confirmation because of the award against the Civil Rights Division force laws such as the Freedom of Ac- standard that Senator Ashcroft alleg- for a lawsuit against the City of Tor- cess to Clinic Entrances law—the fed- edly used in evaluating Bill Lann Lee rance, California. The judge found the eral criminal statute that punishes to head the Civil Rights Division of the suit ‘‘frivolous, unreasonable and with- those who commit acts of criminal in- Department of Justice. In considering out foundation.’’ The Division then timidation or violence at abortion clin- Bill Lann Lee, Senator Ashcroft had turned around and filed a similar suit ics. There is no logic to this position. said that Lee was ‘‘an advocate who is in Texas defending the constitu- Senator Ashcroft’s opposition to abor- willing to pursue an objective and to tionality of contracting preferences on tion does not mean that he supports carry it with the kind of intensity that the basis of race and sex. Mr. Lee also violations of the law prohibiting vio- belongs to advocacy, but not with the continued to unlawfully coerce state lence at clinics. Indeed, Senator kind of balance that belongs to admin- and local governments to adopt race Ashcroft supports the freedom of ac- istration . . . his pursuit of specific and sex preferences by threatening cess to clinic entrances law and stated objectives that are important to him costly lawsuits based on dubious em- in his written answers that he ‘‘will limit his capacity to have the balanced ployment statistics. fully enforce FACE.’’ This reinforces view of making the judgments that will Moreover, under Mr. Lee, the Civil the view that he has previously ex- be necessary for the person who runs Rights Division continued the legal pressed. For example, long before he [the Civil Rights] Division.’’ challenge to Proposition 209, a measure had any idea he would ever be nomi- Some Democrats say that because that prohibited government discrimi- nated for attorney general, Senator John Ashcroft applied this ‘‘standard’’ nation of Californians on the basis of Ashcroft wrote that, regardless of his to Bill Lann Lee, they are justified in race, gender, or national origin. These personal views on abortion, people applying the same standard to John suits continued despite the fact that should be able to enter abortion clinics Ashcroft. First, this is not a standard, Proposition 209 has repeatedly been safely: ‘‘I believe people should be able but a conclusion about Lee based upon upheld by federal courts. to enter legal abortion clinics safely. I his record and testimony. Second, what It is also important to note that Bill oppose unlawfully barricading or other- Senator Ashcroft did on the Lee nomi- Lann Lee had never held an executive wise curtailing access to legal abortion

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00063 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1276 CONGRESSIONAL RECORD—SENATE February 1, 2001 clinics. I condemn violence regarding lence funds to be used by non-profits to case. Every Missouri attorney general this issue by individuals either in favor establish a network of ‘‘safe homes.’’ since 1980, including Jay Nixon, John of or against abortion.’’ Quoted from a As Senator, John Ashcroft co-spon- Ashcroft’s Democratic successor, May 15, 1996 letter to George Sorenson sored the Violence Against Women Act. backed the state’s (and Ashcroft’s) po- of St. Clair Shores, MI. Third, opponents express concern sition. According to an article in Na- Senator Ashcroft opposes criminal that Senator Ashcroft does not favor tional Review, the attorneys general in violence at abortion clinics and be- stricter gun control and previously op- Missouri, lieves people who commit these acts of posed some measures that are now law. fought the orders because they were un- violence and intimidation should be As a result, they conclude he will not just, saddling innocent parties with exorbi- punished. As Attorney General he’ll do enforce the gun control laws. Some tant costs. They fought the orders because just that. It is irrational for critics to people may be so pinched in their opin- they were unpopular, not only with their vic- tims, but with their beneficiaries. A leit- vote against him in the belief that ions that they could not distinguish be- motif of the desegregation was the persistent merely because he opposes abortion he tween these two circumstances. Not splintering of minority groups from the won’t enforce the freedom of access to John Ashcroft. ‘‘class action’’ litigants, whose one-size-fits- clinic entrances law. As a former state attorney general all remedies ran roughshod over the aspira- While he cannot prove a negative, he and president of the National Associa- tions of parents for their children. . . . In can point to past situations that belie tion of Attorneys General, Senator Missouri, 400 other public-school districts the assertion that he won’t properly suffered cutbacks so that a handful of attor- Ashcroft knows how important it is to neys for civil-rights groups and teachers apply the law. As Missouri Attorney enforce gun laws vigorously. Unfortu- unions could run uncontrolled clinical trials General, John Ashcroft did not let his nately, the Clinton Justice Department on a generation of urban school kids, Indeed, personal opinion on abortion cloud his has failed to make gun prosecutions a non-urban school officials were among the legal analysis. For example, in Attor- priority. Between 1992 and 1998, pros- most persistent and vociferous foes of the de- ney General Opinion No. 5, issued on ecutions of criminals who use a gun to segregation orders. October 22, 1982, 1981 WL 154492, Mo. commit a felony dropped nearly 50 per- The article continues: ‘‘Twenty years A.G., John Ashcroft opined that the cent from 7,045 to 3,765. Senator of forced bussing, which Ashcroft op- Missouri Division of Health should not Ashcroft was one of the leaders in the posed, left the Kansas City school dis- release to the public information from Senate in directing the Justice Depart- trict slightly less integrated than it reports it maintains on the number of ment to increase the prosecution of was before. Twenty years of forced bus- abortions performed by particular hos- gun crimes. He sponsored legislation to sing, plus $3 billion, left Kansas City pitals. He stated that the legislature authorize $50 million to hire additional and St. Louis with schools that con- made clear its intent that such reports federal prosecutors and law enforce- sistently rate among the poorest in the ‘‘shall be confidential and shall be used ment officers to increase the federal nation in reading and math skills.’’ To only for statistical purposes’’ and even prosecution of criminals who use guns. oppose a particular court order is not, made failure to maintain confiden- Additionally, Senator Ashcroft spon- as some critics have said, to ‘‘relent- tiality a misdemeanor. John Ashcroft sored legislation to require a five-year lessly oppose school desegregation.’’ opined that, for these reasons, and to mandatory minimum prison sentence That characterization is unfair, even protect the patient-physician privilege for federal gun crimes and for legisla- slanderous. Another point that critics often raise as recognized by Missouri law, access tion to encourage schools to expel stu- is the fact that Senator Ashcroft spoke to the health data maintained by the dents who bring guns to school. at Bob Jones University. The con- Moreover, in the Senate, John Division was subject to review only by troversy over the Bob Jones University Ashcroft had a strong record in fight- local, state or national public health speech has been put to rest. At his con- officers. ing gun crimes. Last Congress, for ex- firmation hearings, Senator Ashcroft Additionally, in Attorney General ample, Senator Ashcroft authored leg- made it clear that he ‘‘reject[s] any ra- Opinion No. 127, issued on September islation to prohibit juveniles from pos- cial intolerance or religious intoler- 23, 1980, 1980 WL 115450 Mo. A.G., John sessing assault weapons and high-ca- ance that has been associated with[,] or Ashcroft was asked to opine on wheth- pacity ammunition clips. The Senate is associated with[,]’’ Bob Jones Uni- er a death certificate was required for overwhelmingly passed the Ashcroft versity. Senator Ashcroft explained all abortions, regardless of the age of legislation in May 1999. that ‘‘[he] want[s] to make it very the fetus. Despite his personal view Senator Ashcroft voted for legisla- clear that [he] reject[s] racial and reli- that life begins at conception, he stat- tion that prohibits any person con- gious intolerance.’’ He said he does not ed that Missouri statutes did not re- victed of even misdemeanor acts of do- endorse any bigoted views by virtue of quire any type of certificate if the mestic violence from possessing a fire- ‘‘having made an appearance in any fetus was 20 weeks or less. After 20 arm, for legislation to extend the faith or any congregation.’’ He said, for weeks Missouri statutes specifically re- Brady Act to prohibit persons who example, that he has visited churches quire a ‘‘certificate of stillbirth’’ re- commit violent crimes as juveniles which do not ‘‘allow women in certain gardless of whether death was by nat- from possessing firearms, for the ‘‘Gun- roles,’’ and that he does not endorse ural causes such as a miscarriage or an Free Schools Zone Act’’ that prohibits that view, either. intentional act such as an abortion. the possession of a firearm in a school In the matter of the role faith plays It is also worth noting that Senator zone, and for legislation to require gun in our public life, there appears to be a Ashcroft voted for Senator SCHUMER’s dealers to offer child safety locks and double standard. Senator LIEBERMAN amendment to the bankruptcy bill that other gun safety devices for sale. Sen- made numerous speeches connecting made debts incurred as a result of abor- ator Ashcroft also voted for legislation God to American government when he tion clinic violence non-dischargeable to close the so-called ‘‘gun show loop- was running for Vice President last in bankruptcy. hole.’’ This bill required mandatory in- year. In fact, during a campaign speech Finally, it is important to note that stant background checks for all fire- in a church in Detroit, he said he hoped Senator Ashcroft has a strong record arm purchases at gun shows. his candidacy ‘‘will enable all people on women’s issues, contrary to what Senator Ashcroft will uphold the na- . . . to talk about their faith and about some have charged. As governor, he tion’s laws on firearms. their religion, and I hope it will rein- signed a rape shield law that made in- Fourth, critics question Senator force a belief that I feel as strongly as admissible evidence of the victim’s Ashcroft’s record or civil rights. They anything else—that there must be a past sexual conduct. He also signed a often begin by raising the issue of de- place for faith in American public law recognizing battered woman’s syn- segregation litigation in Missouri. Sen- life.’’ [Newsweek 9/11/00] I share in that drome as a defense in criminal cases. ator Ashcroft did defend the state of hope. Sadly, critics of John Ashcroft, As Missouri attorney general, he took Missouri as state attorney general in a who almost universally supported Sen- a broad view on allowing domestic vio- long-running school-desegregation ator LIEBERMAN, apply a different

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00064 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1277 standard on this issue to John served communities. I have always found Ashcroft’s record contradicts this as- Ashcroft. John Ashcroft to have nothing but the ut- sertion. He supported 218 out of 230 During his career, Senator Ashcroft most respect and dignity for one’s skin color. Clinton judicial nominees, or, put an- has compiled an outstanding record of I heard John say yesterday in some of his testimony that his faith requires him to re- other way, Senator Ashcroft supported protecting the rights of all people. As spect one’s skin color. And I think that’s the more than 94 percent of President Clin- governor, Fortune named him one of way it should be . . . [I]n my dealings with ton’s nominees, many of whom were the top 10 education governors in the John, I have had nothing but the utmost re- women and minorities. This is hardly a nation. John Ashcroft was an inclusive spect for him when it comes to his dealings record of obstruction. Indeed, Senator governor, signing into law Missouri’s with people of different skin color. Ashcroft supported 26 of the 27 African- first hate-crimes statute and state hol- Judge David Mason, who worked with American judges nominated by Presi- iday that recognizes Dr. Martin Luther Ashcroft in the Missouri Attorney Gen- dent Clinton and considered by the King’s birthday. He nominated the first eral’s office stated, Senate. All other Republican senators woman to the Missouri Supreme Court. As time went on, I begin to get a real feel also opposed the only one Ashcroft op- John Ashcroft’s work on behalf of for this man and where his heart is. When posed. minorities earned him a commendation the subject of Martin Luther King Day came That nominee was Ronnie White— from the Mound City Association, an up, I was there. And I recall that he issued nominated to the federal district court the executive order to establish the first African-American Bar Association of bench. Senator Ashcroft, along with St. Louis, and a campaign endorsement King Day, rather than wait for the legisla- ture to do it. Because, as you may recall, the majority of the U.S. Senate, had from the Limelight Newspaper, the some of you, when Congress passed the holi- grave concerns about White’s record in largest African-American newspaper in day, they passed it at a time when the Mis- Missouri death-penalty cases. White St. Louis. souri legislature may not have been able to wasn’t just the state’s leading dis- In the U.S. Senate, John Ashcroft have the first holiday contemporaneously senter in death-penalty cases, he even convened the first and only Senate with it. So he passed a King holiday by exec- went so far as to try (unsuccessfully) hearing on racial profiling. He secured utive order. He said, in doing so, he wanted his children to grow up in a state that ob- to overturn the conviction of a man more funding to combat violence who confessed to brutally murdering against women, voted to prohibit those served someone like Martin Luther King. Bob Woodson of the National Center four people. White was the only dis- who have been convicted of domestic senter in that case, which caused his violence from owning a gun, and sup- for Neighborhood Enterprise uses faith- based organizations to help troubled nomination to be opposed by numerous ported the crime victims’ rights law-enforcement groups and officers, amendment and Violence Against young people turn their lives around. Mr. Woodson testified: including the National Sheriff’s Asso- Women Act. ciation, the Missouri Federation of Po- John Ashcroft has been deeply com- Senator John Ashcroft is the only person who, from the time he came into this body, lice Chiefs, the Mercer County Pros- mitted to promoting equal access to ecuting Attorney’s office, and numer- government positions during his tenure reached out to us. He’s on the board of Teen Challenge. He’s raised money for them. He ous individual Missouri sheriffs and po- as both Attorney General and Governor sponsored a charitable choice legislation lice departments. of Missouri. Witnesses testifying at the that will stop the government from trying to Senator Ashcroft took very seriously hearing made this commitment clear. close them down because they don’t have his duty to evaluate Judge White’s Mr. Jerry Hunter, former labor sec- trained professionals as drug counselors. We record. He reluctantly concluded White retary of Missouri, testified that, have an 80 percent success rate of these had a propensity to work against the ‘‘Like President-elect George W. Bush, faith-based organizations with a $60-a-day imposition of the death penalty even Senator Ashcroft followed a policy of cost, when the conventional, therapeutically when called for by law. As Senator affirmative access and inclusiveness secular program cost $600 a day with a 6 to 10 percent success rate. Senator Ashcroft has Ashcroft testified, during his service to the state of Mis- gone with us. He has fought with us. And Judges at the federal level are appointed souri as attorney general, his two this legislation would help us. As a con- for life. They frequently have power that lit- terms as governor, and his one term in sequence, day before yesterday, 150 black and erally would allow them to overrule the en- the United States Senate. During the Hispanic transformed drug addicts got on tire Supreme Court of the state of Missouri. eight years that Senator Ashcroft was buses from all over this nation and came If a person has been convicted in the state of attorney general for the state of Mis- here to support him. Fifty of them came Missouri, but on habeas corpus files a peti- souri, he recruited and hired minority from Victory Temple throughout the state of tion with a U.S. district court, it’s within lawyers. During his tenure as governor, Texas, spent two days on a Greyhound bus at the power of that single U.S. district court their own expense to come here to voice he appointed blacks to numerous judge to set aside the judgment of the entire strong support for Senator Ashcroft. Supreme Court of the State of Missouri. So boards and commissions...[B]ut I Kay James of the Heritage Founda- that my seriousness with which I addressed would say to you on a personal note, tion testified: these issues is substantial. I did characterize Senator Ashcroft went out of his way The system our founders designed, of Judge White’s record as being pro-criminal. I to find African-Americans to consider course, is famous for its many checks and did not derogate his background. for appointments.’’ balances from which no public official is im- Judge White argued in dissent in the Mr. Hunter further elaborated that, mune. Nevertheless, the charge is still made Johnson case, where the defendant was When Governor Ashcroft’s term ended in that these are insufficient to deal with a convicted of killing three law enforce- January of 1993, he had appointed more Afri- man of religious conviction. As such, a per- ment officers and the wife of a sheriff, can-Americans to state court judgeships son cannot be trusted to faithfully execute that the defendant received ineffective than any previous governor in the history of the laws, especially those which may conflict the state of Missouri. Governor Ashcroft was with his deeply held belief. I reject such reli- assistance of counsel. Congressman also bipartisan in his appointment of state gious profiling. On this matter, let me at- HULSHOF, the prosecutor in that case, court judges. He appointed Republicans, tempt to reassure John Ashcroft’s opponents rebutted that argument quite effec- Democrats and independents. One of Gov- by enlisting the very thing they profess to tively. Congressman HULSHOF testified, ernor Ashcroft’s black appointees in St. fear most: his religious faith. ‘‘The points I’d like to raise briefly Louis was appointed, notwithstanding the Fifth, opponents claim that Senator about the quality of James Johnson’s fact that he was not a Republican and that Ashcroft has a poor record on the representation is this: He hired counsel he was on a panel with a well-known white Republican. Of the nine panels of nominees nominations of President Clinton’s of his own choosing. He picked from for state court judgeships, which included at nominations to the federal bench. This our area in mid-Missouri what we’ve least one African-American, Governor somehow justifies voting against referred to as—as I referred to as a Ashcroft appointed eight black judges from Ashcroft under a standard of ‘‘what’s dream team.’’ And the court later ruled those panels. good for the goose is good for the gan- that the counsel was effective. Congressman J.C. WATTS testified: der.’’ Sheriff Kenny Jones, whose wife and I’ve worked with [John Ashcroft] on legis- Apart from the intellectual con- colleagues were killed by Johnson, tes- lation concerning poor communities, under- tradiction in such a position, Senator tified,

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00065 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1278 CONGRESSIONAL RECORD—SENATE February 1, 2001 Be assured that Senator Ashcroft had no nal bent in stating that the defendant’s between their fundamental beliefs and other reason that I know about to oppose ‘‘previously law-abiding life’’ could values and enforcing our Nation’s laws. Judge White except that I asked him to. I op- warrant reducing the sentence of this For those who cherish civil rights laws, posed Judge White’s nomination to the fed- eral bench, and I asked Senator Ashcroft to quadruple murderer to life imprison- the freedom of choice and handgun con- join me because of Judge White’s opinion on ment. Third, White’s dissent dem- trol the stakes are simply too high to a death penalty case.... In his opinion, onstrated a willingness to disregard expect a cabinet secretary to choose Judge White urged that Johnson be given a the law, specifically, as the definition between passionately held beliefs and second chance at freedom. I cannot under- of legal insanity. White wrote: ‘‘While enforcing not only the letter but the stand his reasoning. I know that the four Mr. Johnson may not, as the jury spirit of the law. people Johnson killed were not given a sec- found, have met the legal definition of I also have specific concerns about ond chance. insanity, whatever drove Mr. Johnson New Jersey. It is not enough just to be Some Democrats claim that Ronnie to go from being a law-abiding citizen opposed to racial profiling. The scars White was treated shabbily. They say to being a multiple killer was certainly this issue has left on my state are too the treatment was shabby because it something akin to madness.’’ A judge deep and require the strongest possible was embarrassing for White to be suffer must enforce the law, not make new commitment if we are ever to heal. defeat on the Senate floor and because law by the seat of his pants. Further, it will take a concerted effort of alleged misstatements by Senator As I stated above—and it merits re- to enforce a range of civil rights laws Ashcroft about White’s record. In re- peating because Senator Ashcroft’s from hate crimes to tolerance. It re- sponse to the first point, it must be critics have distorted his record—Sen- quires the will of the Attorney Gen- said that throughout the last Congress, ator Ashcroft supported 218 out of 230 eral, the full force of that office. Democrats constantly stressed that Clinton judicial nominees. Put another I said some very positive things they wanted their nominees brought to way, Senator Ashcroft supported more about John Ashcroft at the time he was the floor for a vote. In fact, on June 29, than 94 percent of President Clinton’s nominated. I continue to hope that it 1999, more than three months before nominees, many of whom were women is possible to disagree and to disagree the nomination came to the floor, Sen- and minorities. Indeed, Senator strongly without demonizing. I also ator LEAHY took to the floor to say Ashcroft supported 26 of the 27 African- hope he will always reflect on the con- that Ronnie White ‘‘should be allowed American judges nominated by Presi- cerns raised during the confirmation a vote, up or down.’’ He continued: dent Clinton and considered by the process. ‘‘Senators can stand up and say they Senate. This is hardly a record of ob- Mr. SPECTER. Mr. President, I have will vote for or against him, but let struction. sought recognition to voice my support this man have a vote.’’ Well, this is Like many people who watched the for the nomination of John Ashcroft, of what can happen when a nominee is recent confirmation hearings of John Missouri, to be U.S. Attorney General. brought to the floor—the nomination Ashcroft for U.S. Attorney General, I I think it is important to focus on can be defeated. If Democrats are con- too failed to recognize the man as char- the standard for a Cabinet nomination, cerned that a nominee will be embar- acterized by his opponents. I’ve known which is fundamentally different from rassed if the nominee loses, then Demo- John Ashcroft for six years in the Sen- a judicial appointment, which is a life- crats must be careful when they clam- ate. time appointment, and focus on the or for a vote. I personally expressed to As I stated at the beginning of my re- latitude which is customarily accorded Judge White my regret that his nomi- marks, Senator John Ashcroft is a man the President of the United States in nation was considered by the full Sen- who knows the law. He was educated at making a selection on a Cabinet nomi- ate in a way that ended in defeat. Yale and the prestigious University of nee. A second point: when Democrats Chicago law school. While in the U.S. I do support former Senator Ashcroft complain that there were Senate, he served on the Senate Judici- for attorney general. And I do so, in misstatements about Ronnie White’s ary Committee and chaired its Sub- substantial measure, because of the record, why didn’t they correct the committee on the Constitution. Fur- record he has compiled as an elected record? Every senator, of course, has thermore, Senator Ashcroft is the most official in Missouri and because of my the right to set the record straight if experienced candidate for U.S. Attor- personal knowledge of him. He was there is an error. Further, on this mat- ney General in American history. He twice elected attorney general of Mis- ter there have been misstatements not served as Missouri’s attorney general, souri, he was twice elected governor of by Senator Ashcroft but about Senator its governor, and one of its U.S. sen- Missouri, he was elected Senator of Ashcroft’s floor statement. I want to ators. Missouri. And Missouri is a moderate make one point very clear: Senator During his career, Senator Ashcroft state, I think very much like my own Ashcroft did not accuse Ronnie White has compiled an outstanding record of state, Pennsylvania: two big cities, a of being pro-criminal, rather he said protecting the rights of all people. He lot of farmland. The characteristics of that ‘‘Judge White’s opinions have will continue to do so as the United the electorate in Missouri, who have been, and, if confirmed, his opinions on States Attorney General. I strongly elected him five times to major offices, the Federal bench will continue to be support his nomination and encourage I think, speaks well of Senator pro-criminal and activist, with a slant all my colleagues to do so as well. Ashcroft in rejecting the notion that toward criminals and defendants Mr. TORRICELLI. Mr. President, I he is an extremist. against prosecutors and the culture in have always believed that Presidents The John Ashcroft whom I have terms of maintaining order . . .’’ This are entitled to a degree of deference in known for six years in the United statement is in no way a smear of Ron- their cabinet nominees. And so, while States Senate is not an extremist. He nie White. It is a reasonable conclusion this made it difficult I have nonethe- sat a couple of seats down from me on after reviewing Ronnie White’s dissents less informed the administration that I the Judiciary Committee. Although we in a number of cases, most notably the cannot support Senator John did not agree on many items, I always Johnson case in which, as the lone dis- Ashcroft’s nomination to be attorney felt he was exercising his honest judge- senter, Ronnie White would have let a general. ment. confessed murderer go free for three Senator Ashcroft has been a dedi- He was a candidate for President, and reasons. First, Judge White’s dissent cated public servant and I say that it may be that in the course of that concluded that, as noted above, the de- even though we have not found com- candidacy, expressed some views, as fendant had ineffective assistance of mon ground on the issues. The range of candidates sometimes do, which try to counsel—yet the case was so over- issues we have disagreed on has been appeal to a constituency. But from whelming that Clarence Darrow could broad and they have centered on some what I have seen, on this committee not have saved the defendant. Second, of the most important laws of our land. and in the Senate, he is not an extrem- White’s dissent displayed a pro-crimi- No person should be forced to choose ist.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00066 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1279 He and I had a very sharp disagree- general on the segregation cases. serve his country again, this time as ment on a judicial nominee, Philadel- Former Senator Danforth appeared Attorney General of the United States. phia Common Pleas Judge Massiah- during the nomination hearing and John is certainly the most qualified Jackson. And she was, in effect, re- spoke about his evaluation of John Attorney General nominee of this cen- jected by the committee, and withdrew Ashcroft being a vigorous advocate. tury and perhaps in the Republic’s his- her nomination. She was challenged as There was a question raised as to tory. John has impressive academic being soft on crime because of her whether as state attorney general of credentials and a unique blend of legal, record on sentences. At the end of a Missouri Senator Ashcroft used the executive, and legislative experience. I very long, difficult and contentious litigation process inappropriately. He am confident that his qualifications, proceeding, including a hearing before was not held in contempt. He was not combined with his keen sense of duty the Judiciary Committee, as I say, she sanctioned under the federal rules, and unshakeable integrity, will enable did withdraw. But at the end of the which he could have been. So on the Senator Ashcroft to be one of the finest process, it was my view that John basis of that issue and the other objec- Attorneys General in the nation’s his- Ashcroft had expressed his own judge- tions which have been raised, it seems tory and to restore luster to a tar- ment about it which differed from to me that this is a nomination and a nished agency. mine. I bring in the Judge Massiah- nominee where we ought to accord the John is an honors graduate of Yale Jackson case because of some similar- traditional latitude to the President of University. He received his law degree ities which it has to the case involving the United States. I intend to vote for from the University of Chicago, one of Missouri Supreme Court Justice White. Senator Ashcroft’s nomination to be the country’s outstanding law schools. I said in the hearing that I thought Attorney General of the United States. After graduating from law school, John that we did not accord Judge White the Mrs. BOXER. Mr. President, I would returned home to Missouri where he kind of consideration that should have like to respond to a letter my colleague practiced law and joined the faculty of been accorded, because our practices Senator SESSIONS inserted into the what is now Southwest Missouri State are to rely principally on staff, the RECORD last evening from the editor of University, teaching business law for ABA recommendation, the FBI inves- Southern Partisan magazine. In that five years. Following that, our col- tigation, without individual Senators letter, the editor claims that his maga- league, then-Missouri Governor KIT paying as much attention to the dis- zine did not sell a t-shirt celebrating BOND, appointed John to serve the citi- trict court nominees as we might. I in- the assassination of President Abra- zens of Missouri as State Auditor. tend on proposing a rule change that in ham Lincoln. In my floor remarks yes- John continued his legal career as an the event someone is going to speak terday, I stated that the magazine did assistant Attorney General on the staff adversely about a nominee, that there in fact sell this offensive shirt, and of our former colleague, then-Missouri be an opportunity for the nominee to showed my colleagues a reproduction Attorney General John Danforth. In this capacity, John Ashcroft gained in- respond, and the committee should of the actual shirt. focus specifically on any charges which In particular, the editor stated that valuable first-hand knowledge of the are brought. this ‘‘tasteless item has never been ad- day-to-day operation of an Attorney But I do think that, at the conclu- vertised or sold on the pages of our General’s Department. This knowledge sion, Senator Ashcroft expressed his magazine.’’ The editor goes on to say would serve him well when he became own honest views. I think it is impor- that a part-time staff member com- Missouri’s Attorney General in 1976. tant to note that when Judge White ap- plied a catalog of southern items, in- John, in fact, served two terms as Mis- peared before the committee, he did cluding the offensive Lincoln t-shirt, souri’s highest law enforcement officer, and as a result of his eight year tenure not ask that Senator Ashcroft be re- and that the brochure advertising in that office, obtained the managerial jected, he raised the question as to those items were mailed ‘‘without care- and executive experience needed to ef- whether Senator Ashcroft had the ful review by our editors.’’ qualities to be an attorney general and I would like to insert into the fectively run an Attorney General’s Of- fice. Under John’s leadership, the Mis- left it up to the committee to decide. RECORD a copy of a 1995 letter from Senator Ashcroft made a number of Southern Partisan, which is on the souri Attorney General’s Office earned important commitments to the com- Southern Partisan magazine editor-in- a reputation for strictly enforcing the mittee. We questioned him at great chief’s letterhead, which clearly indi- law, including laws with which Attor- ney General Ashcroft disagreed. John length on the difference between a leg- cates that the magazine did in fact sell Ashcroft understood well his role as islator and a member of the executive this offensive shirt. This letter states Missouri’s Attorney General; he was branch who enforces the law. He said in relevant part: ‘‘Due to the surprising acutely aware that Missourians twice- categorically that he would not choose demand for our anti-Lincoln T-shirt, elected him to enforce the laws, and as to change Roe v. Wade but would be our stock has been reduced to odd his confirmation hearing before the Ju- bound to enforce the law as it stood. He sizes. If the enclosed shirt will not suf- diciary Committee clearly showed, spoke emphatically about his commit- fice, we will be glad to refund your John assiduously did so. ment to enforce access to abortion money or immediately ship you an- clinics. And it was worth noting that, Because of his success as Attorney other equally militant shirt from our while in the Senate, on a vote on General, Missourians elected John catalog [emphasis added].’’ whether someone who had a judgment their Governor in 1984 and again in There being no objection, the mate- 1988. To illustrate the utter ridiculous- against them for damaging an abortion rial was ordered to be printed in the clinic and there was one case where ness of one of the most scurrilous RECORD, as follows: there was an enormous judgment in ex- charges leveled at John—that of being cess of $100 million that the individ- SOUTHERN PARTISAN, ‘‘racially insensitive,’’ as some are Columbia, SC, December 3, 1995. uals’ debt ought not to be discharge- euphemistically saying—it must be DEAR FRIEND: Due to a surprising demand able in bankruptcy, which I think is an noted that as Governor, John repeat- for our anti-Lincoln T-shirt, our stock has edly reached out to black Americans. indication as to his sentiments on that been reduced to odd sizes. If the enclosed important subject. shirt will not suffice, we will be glad to re- For example, he appointed the first Senator Ashcroft also made very firm fund your money or immediately ship you black woman to the Western Missouri commitments on recognizing the dis- another equally militant shirt from our Court of Appeals; he established the tinction between church and state and catalog. state’s first and only historic site hon- committed that, to the extent he was Thank you, oring a black American, composer involved, there would be no litmus test SOUTHERN PARTISAN GENERAL STORE. Scott Joplin; he led the fight to save on the selection of Supreme Court Mr. MCCONNELL. Mr. President, Lincoln College, founded by black sol- nominees. America is indeed fortunate to have a diers; and last month Missourians cele- There were challenges made to what distinguished public servant of the cal- brated the birthday of Dr. Martin Lu- Senator Ashcroft had done as attorney iber of John Ashcroft who is willing to ther King, Jr. because John Ashcroft

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00067 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1280 CONGRESSIONAL RECORD—SENATE February 1, 2001 signed that proposed holiday law. John do so either. Rather than cling to John has a solid record of working with also helped enact Missouri’s first hate power in the hope of an eventual vic- and protecting the rights of all people. crimes legislation. In short, if John tory, John graciously conceded the That John and I hold differing views Ashcroft is ‘‘racially insensitive,’’ he election and wished our new colleague is certainly not unusual in this body of certainly has a strange way of showing well. one hundred individuals—all with it. This selfless action was that of a strongly held beliefs, all with disparate After completing his second term as statesman, and it reminds me of the fa- backgrounds, and all representing dif- Governor, John began a career of na- mous words of another statesman, ferent constituencies with distinct con- tional public service as Missouri’s jun- Henry Clay, who said: ‘‘I had rather be cerns and varying priorities. I re- ior Senator in the United States Sen- right than be President.’’ John spected his right to hold his beliefs, ate. As a member of this body, John Ashcroft’s response to this truly just as he has always respected my broadened his legal experience by serv- unique and difficult loss in November right to the beliefs that I have often ing on the Judiciary Committee and by was essentially: ‘‘I had rather be right expressed in this very chamber. That is chairing its Subcommittee on the Con- than be Senator.’’ And it is because of the nature of our representative de- stitution. He also continued to fight principled actions such as this that mocracy, and certainly the nature of for the rights of all Americans, and was John is one of the most respected the Senate as the embodiment of the dedicated to the principle of equal former members of this body. And be- union of states. treatment under the law. For example, cause Democratic members know of Likewise, President Bush, as the John sponsored legislation providing John’s character and integrity, they duly-elected Chief Executive of the equal protection for victims of crime, speak with confidence about the out- United States, is accorded the privilege and he convened the first hearing on standing job he would do as Attorney of nominating those men and women racial profiling, in which he stated for General. For example, our former col- he deems most fit to administer the the record that racial profiling is un- league, Senator Moynihan, stated that policies and duties with which he has constitutional. And as he did as Mis- John ‘‘will be a superb Attorney Gen- been entrusted by the people of this souri Governor, John continued to sup- eral.’’ And our current colleague, Sen- Nation. I did not agree with all of the per- port black judicial nominees, voting ator TORRICELLI, who knew of John’s sonal viewpoints of President Clinton’s for 26 of 27 African-American nominees skill and character from their service various nominees—far from it. Instead, to the federal bench. together on the Judiciary Committee, I attempted to judge the fitness of each As impressive as John’s qualifica- stated that ‘‘While I have obvious phil- nominee based on their individual tions are, what may be most impres- osophical differences with John, his record, experience, testimony, and in- sive about him is his honor and integ- ability and integrity simply can’t be rity. I had the opportunity to witness tegrity. Recognizing that President questioned.’’ Clinton’s nominees would not surpris- first-hand a test of his character in my Now despite John’s experience and ingly hold different beliefs than my capacity as Chairman of the National dedication to duty, I have heard a lot own in some instances, I asked myself Republican Senatorial Committee and of people say that he is unfit to be At- whether or not those beliefs would, in Chairman of the Committee on Rules torney General because of: (1) his and of themselves, preclude the nomi- and Administration, which would have strong and abiding faith in God; (2) his had jurisdiction over an election con- nee from executing his or her duties to firm belief in law and order; and (3) his the extent that they would be unfit to test. As we all know, John lost a commitment to the Constitution, even serve. heartbreakingly close reelection bid when that commitment is at odds with That is the same question I ask my- last fall under unorthodox, and some those unbiased ‘‘legal scholars’’ on the self concerning the nomination of Sen- would say, unlawful circumstances. editorial board of the New York Times. ator Ashcroft, keeping in mind that I After the election, my office was flood- Far from disqualifying him from public do not believe that a nominee’s ideo- ed with phone calls and petitions urg- service, however, these qualities only logical philosophy should be a deter- ing John to challenge the election, and reinforce my belief that he will ably mining factor in their ability to serve. lawyers lined-up to offer their services. serve as the nation’s chief law enforce- As the Portland Press Herald noted in Some argued that John should bring a ment officer. The Senate would serve their January 17 editorial ‘‘Senators constitutional challenge on the ground the nation by confirming him as Attor- have the power of ‘‘advice and consent’’ that it was patently unconstitutional ney General, and I urge it to do so. over such nominees, and they have the to elect a deceased person to the Ms. SNOWE. Mr. President, I rise to power to make judgments based on United States Senate. Others wanted support the confirmation of President whatever criteria they choose. Still, him to bring an election contest be- Bush’s nominee for Attorney General failing to pass an ideological litmus cause of improprieties in the voting of the United States, former Senator test is not a sufficient reason to de- itself, such as the fact that heavily- John Ashcroft. cline to nominate someone to an ap- Democrat precincts remained open After serving in this body with John pointive post, barring hard evidence of after hours. Ashcroft for the last six years, I know unsuitability or criminal mis- Either of these challenges may very him as a man of integrity and compas- conduct. . .’’ well have proved successful, and John sion. That is not to say we always And what about the power of ‘‘advice might still be a member of this body. agree—we have sparred passionately on and consent’’ given to the Senate under But at a minimum, a challenge would issues—not the least of which was Article II, Section 2 of the Constitu- have put Missourians—and the entire abortion rights. Clearly, though, John tion? Alexander Hamilton in summing Senate—through a divisive ordeal, and is a well-qualified nominee, as evi- up this power noted ‘‘To what purpose it might well have left the good people denced by the fact that of the 67 per- then require the co-operation of the of Missouri without full representation sons who have served as United States Senate? I answer, that the necessity of in the United States Senate. Always Attorney General in our history, only their concurrence would have a power- the public servant, this is something John Ashcroft has served as state at- ful, though, in general, a silent oper- that John Ashcroft would not do. As torney general, governor, and U.S. Sen- ation. It would be an excellent check particularly painful as this loss was, ator serving on the Judiciary Com- upon a spirit of favoritism in the Presi- John never once considered chal- mittee. dent, and would tend greatly to pre- lenging the election; he would not put In fact, John Ashcroft was State At- vent the appointment of unfit char- his fellow Missourians through what torney General and Governor for two acters from State prejudice, from fam- the nation had to endure in Florida for terms each. He was the head of the Na- ily connection, from personal attach- thirty-five days. Moreover, he made it tional Association of Attorneys Gen- ment, or from a view to popularity.’’ abundantly clear, both in public and in eral and head of the National Gov- And if you review history you will private, that he did not want others to ernors’ Association. In these roles, find that this ‘‘check’’ as it were has

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00068 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1281 been used judiciously. The fact is that and led the fight to save an inde- nomination of Judge Ann Aiken to the since 1789—212 years—only 19 cabinet pendent Lincoln University, founded by federal bench because of her decision to nominees have failed to be confirmed. African-American soldiers. Last year, give probation instead of jail time to a Clearly the Senate must have differed he convened the only Senate hearing man who raped a five-year-old child. with the President on his nominees on the subject of racial profiling, and And what has Judge White said about more than 19 times over the past 212 opened the hearing by unequivocally John Ashcroft’s motivations? He has years, yet with very few exceptions has condemning racial profiling, calling it said, and I quote, ‘‘. . . let me say, I deferred to the President, who will ul- ‘‘an unconstitutional practice.’’ don’t think Senator Ashcroft is a rac- timately be held responsible for his As Missouri Attorney General, John ist, and I wouldn’t attempt to com- choice. Ashcroft enforced laws that differed ment on what’s in his mind or what’s In short, our use of the ‘‘advice and from his own beliefs in a number of in his heart.’’ consent’’ power must achieve a careful areas, including abortion and, more Finally, I want to emphasize that balance between our responsibility to specifically, the confidentiality of hos- there were a number of critical policy check presidential abuse at one end of pital records on the number of abor- areas on which Senator Ashcroft and I the scale, and a respect for the presi- tions performed; and church and state did agree during our tenure together in dent’s constitutional prerogative on issues, such as the availability of funds the Senate. They deserve mention con- the other. It is a question of degrees for private and religious schools and sidering the criticism that has been and a matter of judgement left to us to the distribution of religious materials leveled against this nominee, and the weigh with due diligence and care. in public schools. relevance of the issues to the post of In the case of John Ashcroft’s nomi- As Governor, John was presented on Attorney General. nation to be Attorney General, I would nine occasions with three-candidate John co-sponsored the benchmark Vi- argue that John Ashcroft deserves to panels for judicial appointments that olence Against Women Act, and helped be taken at his word with regard to contained one or more minority can- author the provisions to prevent Inter- what he has said at his confirmation didates. As he told the Committee in net stalking included in the legisla- hearings. He has said, clearly and un- his nomination hearing, ‘‘I took special tion. He supported minimum hospital equivocally, that he will uphold the care to expand racial and gender diver- stays for women who give birth, and a laws of the United States of America. sity in Missouri’s courts,’’ and the measure to permit breast and cervical During the confirmation hearings, facts bear that out. cancer coverage by Medicaid for low- John Ashcroft was characteristically In every instance, he either ap- income women. He supported a provision urging that straightforward when he said, ‘‘I under- pointed a minority to the post or ap- the ‘‘Attorney General should fully en- stand that being attorney general pointed the minority candidates on the force the law and protect persons seek- means enforcing the laws as they are panel to judicial positions at a later ing to provide or obtain, or assist in written, not enforcing my personal date. He appointed more African-Amer- ican judges to the bench than any gov- providing or obtaining, reproductive preferences. It means advancing the ernor in Missouri history. health services from violent attack,’’ national interest, not advocating my He appointed the first African-Amer- and voted to make civil judgments for personal interest.’’ ican on the Western District Court of those who commit violent acts at abor- During a private meeting in my of- Appeals. He appointed the first Afri- tion clinics non-dischargeable in bank- fice, John echoed that pledge and per- can-American woman to the St. Louis ruptcy—an amendment that I cospon- sonally assured me that he would carry County Circuit Court. sored. out this and other laws on behalf of He appointed the first two women to This is the John Ashcroft I know—a every American. That includes Roe v. the Missouri Courts of Appeals. And he man of ability, remarkable experience Wade. That includes ensuring access to appointed the first woman to the Mis- in public service, proven integrity, and abortion clinics. And I take John souri Supreme Court—the only woman unimpeachable professionalism. As At- Ashcroft at his word. ever to have been appointed to that torney General, he will be charged not He also stated during the hearings court. with writing new laws—as he ably did that, ‘‘The attorney general must rec- Similarly, in the Senate, John sup- as a Senator—or interpreting laws—as ognize this: The language of justice is ported every single African American a judge would do. Instead, he will be not the reality of justice for all Ameri- judicial nominee confirmed by the Sen- given responsibility as our nation’s top cans . . . No American should have the ate—26 separate nominations in all. law enforcement official for executing door to employment or educational op- But despite this overwhelming record the laws of the United States on behalf portunity slammed shut because of of supporting minority judicial can- of President Bush and the American gender or race. No American should didates, he has been attacked for op- people. I am confident he will enforce fear being threatened or coerced in posing the nomination of one African the laws to protect all Americans seeking constitutionally protected American Judge, Ronnie White—a equally, regardless of his personal health services.’’ I commend him for nominee who was opposed by 54 mem- views, and I will vote to confirm John this sentiment and, again, I take John bers of the Senate, including me. Ashcroft as Attorney General of the Ashcroft at his word. Judge White’s nomination was re- United States. Importantly, John has carried him- jected by the Senate not because of his Mr. FEINGOLD. Mr. President, as my self with distinction in carrying out race, but because of his opinions in colleagues know, I shall vote to con- the laws in other elected positions, no- some death penalty cases. It bears not- firm Senator Ashcroft. I discussed the tably during his terms as governor and ing that not only was Judge White vig- reasons for my doing so in my state- Attorney General of Missouri. As he orously opposed by the National Sher- ment before the Judiciary Committee. told the Judiciary Committee, ‘‘I take iffs’ Association, the Missouri Federa- At that meeting, I said: pride in my record of having vigorously tion of Police Chiefs, and numerous My colleagues, when we vote today, I’m enforced the civil rights laws as attor- other Missouri and national law en- going to do what I sincerely believe to be the ney general and governor,’’ and I take forcement groups, but he also stood as right thing to do: vote for confirmation of John Ashcroft at his word. the lone dissenter in a death penalty John Ashcroft as Attorney General of the Moreover, not only John’s words but case involving the brutal slaying of United States. For many of my colleagues, his deeds support his strong commit- three law enforcement officers in Mis- friends, supporters, and constituents, this is ment to civil rights. As Governor, John souri and the wife of a sheriff who was not easy to understand. And some see it as signed Missouri’s first hate crimes terribly wrong. After all, my voting record killed after she was shot five times, in and that of John Ashcroft could hardly be statute and legislation creating the the family’s own home, as she was more different, and there is no question that Martin Luther King Holiday. He estab- holding a church function. the opposition has raised significant and se- lished Missouri’s first and only historic It is critical to note that in 1998, rious concerns about the appropriateness of site honoring an African-American, using similar criteria, I opposed the this nomination.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00069 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1282 CONGRESSIONAL RECORD—SENATE February 1, 2001 Let me begin by noting a few positive as- Ashcroft’s public record. Our Republican col- ment that the position of Attorney General pects of former Senator John Ashcroft’s po- leagues on this Committee and in the Senate is particularly significant, although it does sitions and responses to questions at his share the responsibility for what happened. not rise to the level of a high lifetime judi- hearing on two issues I care deeply about. They should not have followed their col- cial appointment. On racial profiling, as I said at the outset league and allowed this to become a partisan As a matter of practice, the Senate has, for of the hearing on Sen. Ashcroft’s nomina- issue on the floor of the Senate. the most part, avoided rejecting the Presi- tion, during the last Congress I found him I agree with David Broder, who in a col- dent’s Cabinet nominations because of their more receptive to my concerns about the umn in which he stated a number of reasons ideology alone. The Senate may examine, issue than virtually anyone on the Repub- for supporting John Ashcroft for Attorney and has examined, whether the extremity of lican side of the aisle. He and his staff not General said that in the end, the Ronnie nominees’ views might prevent them from only permitted but assisted in a significant White episode could alone justify voting carrying out the duties of the office they and powerful hearing on racial profiling in against him. He said that Ronnie White de- seek to occupy. But the Senate has nearly the Constitution Subcommittee. Although serves more than an apology, he deserves an uniformly sought to avoid disapproving he did not ultimately cosponsor our traffic appointment to the federal bench. I agree nominations because of their philosophy stop statistics bill, he made constructive and I hope that Senator Ashcroft and Presi- alone. I believe that we should not begin to suggestions about the bill, and his interest dent Bush will give this idea serious consid- do so now. in addressing this terrible problem I believe eration. As my colleagues know, in the practices was sincere. And they need to go farther. The White and precedents of the Senate, the Senate And that sincerity was underlined in re- nomination debacle raised the issue of race considers and approves the overwhelming cent testimony before this Committee. He on the Senate floor in an unprecedented and majority of nominations as a matter of rou- stated that he believes racial profiling is an almost tragic manner. The President and his tine. Over the history of the Senate, the Sen- unconstitutional practice and that he will advisors need to take major steps to right ate has considered and approved literally make it a priority of the civil rights division that wrong, and they can start by urging the millions of nominations. of the Department to eradicate it. I believe Senate promptly to approve the nomination The Senate’s voting to reject a nominee him and I look forward to working with him of Judge Roger Gregory to the Fourth Cir- has been an exceedingly rare event. Of the 1.7 on this if he is confirmed. cuit Court of Appeals. I would note that million nominees received by the Senate in I have also expressed great concern that Judge Gregory has received the endorsement the last 30 years, the Senate has voted to re- whoever assumes the role of Attorney Gen- of his home state Senators, Senators Warner ject just 4, or one in every 425,000. Of course, eral of the United States needs to under- and Allen, both of whom come from the Presidents often withdraw without a vote stand and appreciate a need for fairness in President’s party. the nominations of those who likely face de- the administration of the severest punish- Another troubling area is Senator feat. ment our Federal government can mete out, Ashcroft’s handling of a St. Louis desegrega- The Senate’s voting to reject a nominee to the death penalty. I understand that both tion case during his time as Attorney Gen- the Cabinet has been an exceedingly rare President Bush and Senator Ashcroft sup- eral of Missouri. I was impressed with the event. Over the entire history of the Senate, port the use of capital punishment. But I was strong testimony of respected civil rights the Senate has voted to reject only 9 nomi- relatively pleased with Senator Ashcroft’s lawyer Bill Taylor. Mr. Taylor’s testimony nations to the President’s Cabinet. The Sen- responses to my questions, both at the hear- and the entire record of this case make it ate rejected six in the 19th Century, and ing and in written form, concerning the fed- clear that at best Senator Ashcroft did not three in the 20th Century. eral death penalty system. I was particularly ‘‘get’’ the role of the courts in the case and Four of the nine Cabinet nominees rejected pleased to hear his commitment to con- the urgency of resolving the issue in the best were during the Presidency of President tinuing the Justice Department review of ra- interests of the children in the city. At Tyler alone. Several other rejections may be cial and regional disparities in the federal worst, he exploited the case for political pur- said to have flowed from larger battles be- system, a review that was ordered by Presi- poses, which is very troubling indeed. tween the Senate and the President, as when dent Clinton and is only in its initial stages. Then there is the case of James Hormel, the Senate rejected President Jackson’s I plan to hold him to his pledge and urge him our current ambassador to Luxembourg, nominee to be Secretary of the Treasury in carefully to consider the results of this re- whom Senator Ashcroft strongly opposed the wake of the dispute over the Bank of the view and address the disparities before pro- when his nomination was under consider- United States. Similarly, bad feelings after ceeding with any federal executions. ation by the Senate. This was an extreme ex- the impeachment of President Andrew John- Having noted at least those areas where ample of a pattern of unwarranted opposi- son led to the Senate’s rejection of President I’m hopeful about working together with tion to nominees pursued by Senator Johnson nominations of his counsel in the John Ashcroft, this process has, neverthe- Ashcroft. I am frankly mystified by the no- impeachment trial to be Attorney General. less, brought forth extremely serious infor- tion that in the 21st century a nomination of In the 20th Century, the Senate rejected mation that could lead any reasonable per- a distinguished American would be blocked half as many Cabinet nominees as it did in son to conclude that this nomination should because of his sexual orientation. This is an- the 19th Century. In the wake of the Teapot not go forward. other sorry chapter in Senator Ashcroft’s Dome scandal, the Senate voted down Presi- The interview with Southern Partisan and record, and frankly, his responses to written dent Coolidge’s nomination of Charles War- his acceptance of an honorary degree at Bob questions from members of this Committee ren because of his ties to trusts. Most re- Jones University raise significant questions about his position on this nomination were cently in 1989, the Senate rejected the nomi- about his sensitivity to the concerns of the unsatisfactory and raise even more questions nation of Senator John Tower, an event African American community in this coun- about his testimony than they answer. Am- which many on this Committee will recall try. Even worse, his failure to fully disavow bassador Hormel is right to be outraged by from their own memory. these actions is troubling. It seemed almost those answers and the insinuations they con- This examination of the history dem- as if he was playing it safe, trying not to an- tain. onstrates that it has been a nearly contin- tagonize certain conservative constituencies On a related topic, we have the accusations uous custom of the Senate to confirm a rather than admitting his mistakes and rec- by former Wisconsin state Senator Paul President’s nominees to the Cabinet in all ognizing the need to take concrete steps to Offner that Sen. Ashcroft questioned him but the very rarest of circumstances. These disavow the racist attitudes that both of about his sexual orientation in a job inter- practices and precedents thus support the those institutions represent to many Ameri- view in 1985. I have worked with both of principle that the Senate owes the President cans. He will need to do much more if he is these people, and based on information I’ve substantial deference in the selection of the confirmed to reassure African-Americans seen, I find it hard to disbelieve either one. Cabinet. that he will faithfully enforce and apply the But the Offner account does bother me and I should also note, as some members of the civil rights laws of this country. while I will vote for Senator Ashcroft in committee have done that all of President On another issue, Senator Ashcroft and the committee today, I reserve the right to re- Clinton’s cabinet appointments were con- Republican majority’s treatment of Judge view any further information in this area firmed overwhelmingly, and usually unani- Ronnie White was just plain unfair, and that that may come forward prior to the final mously, despite the fact that many Repub- is why I joined Senator Durbin in apolo- confirmation vote on the floor. After all, licans strongly disagreed with their views. gizing to him when he appeared before the Senator Ashcroft in sworn testimony told This included the view of Attorney General Committee. Senator Ashcroft led opposition me that he had never used such an approach Janet Reno in opposition to the death pen- to Judge White, misleading our colleagues as in hiring. alty, a view I strongly share with her but to his record and attacking him in harsh and In the end, however, this record has to be which has enlisted the support of few of my unfair language without giving him an op- put in the context of the standard that I be- colleagues. portunity to respond. There was no excuse lieve should be used when voting on the con- Now, a number of opponents of this nomi- for this behavior, and it represents for me an firmation of a cabinet position. And, by the nation for whom I have very high regard extremely sorry chapter in Senator way, I do find somewhat persuasive the argu- have sought to go beyond the traditional

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00070 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1283 standards for cabinet nominations. I think constructing the worst case scenario solely deep it seems we share a continent, but not the most interesting approach that the oppo- because Senator Ashcroft seemed to do the a country.’’ I think he’s right and I think nents have laid out, especially in light of the same for a number of very worthy nominees. this committee is the place to begin to re- serious problems with Senator Ashcroft’s It is certainly tempting to do so, but I am pair the breach. That means for me the very record that I have already identified, is the afraid it looks too much like political ‘‘pay- difficult decision to vote to confirm John question of whether Senator Ashcroft will back,’’ a lesson that would not be lost in fu- Ashcroft, but it also means immediate con- actually enforce the law. I think my col- ture cabinet confirmation considerations, in- crete efforts by the President and his party league Senator Schumer set up the question cluding those involving the choices of a to mend the wounds that led to such fierce well when he said words to this effect: Democratic President. I don’t want to be a opposition to the Ashcroft nomination. It, of ‘‘Given Senator Ashcroft’s entire record of part of taking the United States Senate and course, also means that the new Attorney passionate advocacy for very conservative this country further down the road that General must vigorously enforce the law and causes: Can he switch it off?’’ I think this is John Ashcroft and others in his party paved be the Attorney General of all the people, re- a useful standard but it must be applied with during the Clinton years. gardless of race, religion, gender or sexual caution. All of us have observed many tal- Having said that, I want to hasten to add orientation. If he does that, he will earn the ented people taking very different roles in that I’m not at all sure that this kind of def- support of the American people. If he does their careers, sometimes having to oppose ei- erence be given anymore on lifetime federal not, I will be the first to call him on it and ther people or groups for whom they used to judicial appointments given what appears to demand that he be held accountable. advocate. be an open assault in recent years by the That was my statement in the Judi- Now in my own career, I’ve certainly been U.S. Senate on the federal judiciary. As I ciary Committee. called unreasonable, unyielding and too per- said in my opening statement at the con- I rise today to speak more generally sistent on occasion. But I remember being a firmation hearing, although Democrats are on the Senate’s role of advice and con- defense attorney for large corporations at a being asked to follow the political golden sent in the President’s nomination of law firm and then subsequently when I went rule on this nomination, I certainly agree individuals to the Cabinet. I rise also to the Wisconsin State Senate, voting that the line must be drawn at some point to speak a bit about the appointment against those interests every time. I went concerning the politicization of appoint- process in general, apart from the dis- into the State Senate representing a largely ments. My judgment is that this is not the rural district and I remember constantly place—not this nomination or this office, as cussion of any particular nomination. speaking of the need for rural property tax terribly important as it is. This analysis governs my consideration relief and not letting the City of Milwaukee And yes, I firmly believe that as a progres- of both Senator Ashcroft’s and Ms. run off with the entire budget. Yet, when I sive, this is about our future credibility and Norton’s nominations. became a United States Senator, I under- ability to move our agenda in a future ad- John Adams wrote that we seek ‘‘[a] stood my role to have changed and that I ministration that better reflects on voting government of laws, and not of men.’’ needed to advocate zealously for the very records and beliefs, which in most cases are He and other Founders sought a gov- real needs for the people of our largest city. just the opposite of a John Ashcroft’s. ernment based on principles, not on So, it seems to me that I’ve been asked to I know that some see this as futile or naive personalities. If we, as Senators, wish switch it off on several occasions. I feel I in light of the unbending ‘‘other side.’’ They to serve that end in the nomination have done so and that this is fairly common may be right. But I believe the American in the careers of those public men and people desperately want us to conduct our- process, we must measure Cabinet women. selves, where possible, in a bipartisan man- nominations according to principle, I think we were all struck by the strength ner: with civility, with give and take, and with a look at the past and a view to of John Ashcroft’s commitments and an- act as if those terms have real meaning and the future. swers to our tough questions which were are not just empty rhetoric. The first principle that I think given under oath. His specific commitments So when I vote for John Ashcroft in com- should govern Cabinet nominations is to enforce the law in several areas were cer- mittee, I am reaching out to the new Admin- what one might call the political Gold- tainly not tepid. This was especially true istration and to my Republican colleagues en Rule. We, as Democrats, should, if with regard to his responses on choice and and especially those on the opposite side of at all possible, do unto the Republicans abortion-related matters—an area where, as this committee. I believe we share mutual a policy and constitutional matter I disagree respect. So I am extending to you at the be- as we would have the Republicans do with him virtually completely. Given Sen- ginning of this new Republican Administra- unto us. A Democratic President ought ator Ashcroft’s strident record in this area it tion an olive branch, but it is not a white to be able to appoint to the Cabinet is completely understandable to me that flag I assure you. This is about the Depart- principled people of strong progressive critics would regard this as a ‘‘confirmation ment of Justice and it is justice I want to see ideology. And a Republican President conversion’’ and that some would even see for the wrong done to Judge Ronnie White. ought to be able to appoint to the Cabi- this as cynical with carefully chosen words And it is justice I want to see done in the 4th net principled people of strong conserv- with regard to Roe v. Wade, leaving the door Circuit Court of Appeals where the largest ative ideology. open for a very different reality in the new African American population lives and has Now, some of our Republican col- Attorney General’s office. I, for one, will not never had an African American judge until leagues have certainly failed too often stand by and allow a departure from the the recess appointment of Roger Gregory. It clear impression that Senator Ashcroft of- is justice I want for numerous other circuit in recent years to follow that Golden fered as an assurance. In fact, one area I will court nominees who languished in this com- Rule, and I understand the desire to closely scrutinize is his choices for top level mittee for years and never even received a repay them in kind. To some degree, I positions in the Department of Justice. He hearing. And it is justice I want for the fu- share that desire. But I am determined will have direct responsibility for carrying ture James Hormels and Bill Lann Lees who to resist it for the good of the country, out the promises he made to this Committee were most assuredly treated unfairly. And it the health of the nomination process, and the country. is justice I want for the victims of racial and ultimately, to advance the pros- But I do take some umbrage at the notion profiling in America. And I will press this pects of future nominees who share the that giving John Ashcroft’s sworn testimony Administration, the Attorney General, and unabashedly progressive convictions the benefit of the doubt is somehow because this committee to prevent it from happening of Senate collegiality. No, it is because it is to others in the future. that I hold dear. sworn testimony. So I am genuinely appealing to you to This principle means that, except in But I do understand the very strong skep- show in concrete ways in the near future the rarest of cases, voting records and ticism on this point in light of the incidents that you are concerned about the obviously conservative ideology alone should not I’ve already reviewed especially as they re- heartfelt and legitimate feelings of many be a sufficient basis to reject at least a late to the blocking of nominations, a proc- Americans that the Senate’s role in the Cabinet nominee. I say this as a pro- ess in which John Ashcroft too often partici- nominations process has been abused and gressive Democrat from Wisconsin who pated. I cannot question anyone for opposing overly politicized. There are real fault lines hopes that future Presidents may ap- this nomination, anyone for coming to an emerging in our culture and in our political point the William O. Douglasses and opposite conclusion of this record. It simply system and repairs must be made. And some Ramsey Clarks of their times, and that depends on one’s view of the cabinet nomina- who have been harmed can and must be made tion process. It is a judgement call. I feel ob- whole. future Senates will not reject them for ligated under the traditional understanding In fact, one of the most eloquent state- Cabinet positions on the basis of their of how cabinet appointments are handled to ments to this effect came just this month in ideology alone. not put the worst possible interpretation on President George W. Bush’s Inaugural Ad- It should not be a requirement for a these facts. And I specifically cannot justify dress: ‘‘Sometimes our differences run so Cabinet position that the nominee

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00071 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1284 CONGRESSIONAL RECORD—SENATE February 1, 2001 travel solely in the middle of the road. amined, whether the extremity of a committee of Congress. That article There will come great leaders on the nominees’ views might prevent them provides, in relevant part: left and on the right. from carrying out the duties of the of- The United States in Congress assembled, If we seek the great minds of our fice they seek to occupy. But the Sen- shall have the sole and exclusive right and times, they may on occasion blow hot ate has nearly uniformly sought to power of . . . appointing courts for the trial or cold. We should not require all the avoid disapproving nominations be- of piracies and felonies committed on the leaders of our country to run a tepid cause of their philosophy alone. I be- high seas.... The United States in Congress assembled lukewarm. lieve that we should not begin to do so Now, whether nominating a staunch shall also have the sole and exclusive right now. and power of . . . appointing all officers of conservative is good politics or, more Mr. President, the second principle the land forces, in the service of the United importantly, whether it is wise, in that I think should govern nomina- States, excepting regimental officers—ap- light of a promise to unify the nation tions is that the Senate owes the Presi- pointing all the officers of the naval forces, after a very close election, is an impor- dent substantial deference in the selec- and commissioning all officers whatever in tant issue for a sustained national de- tion of the Cabinet. The Constitution the service of the United States. . . . bate. But that question is not at the vests the appointment power primarily The United States in Congress assembled shall have authority . . . to appoint such core of our responsibility in this body in the President. This choice of the to advise and consent on Cabinet nomi- other . . . civil officers as may be necessary Founders, in turn, flows from the Con- for managing the general affairs of the nations. stitution’s imposing on the President United States under their direction. . . . Alexander Hamilton wrote of the the duty faithfully to execute the laws dangers of partisanship in the nomina- And finally: of our Nation. The United States in Congress assembled tion process in Federalist number 76. Article 2, section 1 of the Constitu- He cited the partisanship of legisla- shall never . . . appoint a commander in tion begins: ‘‘The executive power shall chief of the army or navy, unless nine States tures as one of the reasons why the be vested in a President of the United assent to the same. . . . Constitution did well to vest the power States of America.’’ That section ends Recall that one of the prime reasons to nominate in the President, rather by requiring the President-elect to for the Constitutional Convention that than in the Congress. Considering what take the oath ‘‘that I will faithfully wrote our current Constitution was would happen if the Constitution had execute the office of President of the that the Articles of Confederation pro- given the Congress the power to nomi- United States, and will to the best of vided a government that proved less nate, Hamilton wrote: my ability, preserve, protect and de- than workable. The Founders thus The choice which may at any time happen fend the Constitution of the United to be made under such circumstances, will of sought consciously to depart from this States.’’ And article 2, section 3 pro- legislative government in favor of a course be the result either of a victory vides that the President ‘‘shall take gained by one party over the other, or of a stronger executive. compromise between the parties. In either care that the laws be faithfully exe- When the Constitutional Convention case, the intrinsic merit of the candidate cuted.’’ began to debate the Constitution, its will be too often out of sight. In the first, the To carry out that duty, the President working draft initially provided for the qualifications best adapted to uniting the needs policy-makers in the executive Congress to choose the national judici- suffrages of the party, will be more consid- branch, particularly in the Cabinet and ary. Many of the Framers found fault ered than those which fit the person for the subcabinet, who will support the Presi- with this proposal. Pennsylvania’s station. In the last, the coalition will com- dent’s program, as well as carry out monly turn upon some interested equivalent: James Wilson argued that appointment the law. The Supreme Court in Myers by a group with numerous members ‘‘Give us the man we wish for this office, and v. United States explained: you shall have the one you wish for that.’’ would necessarily lead to ‘‘[i]ntrigue, This will be the usual condition of the bar- Our conclusion . . . is that Article II partiality, and concealment.’’ He ar- gain. And it will rarely happen that the ad- grants to the President the executive power gued: ‘‘A principal reason for unity in vancement of the public service will be the of the Government, i.e., the general adminis- trative control of those executing the laws, the Executive was that officers might primary object either of party victories or of be appointed by a single, responsible party negotiations. including the power of appointment and re- moval of executive officers—a conclusion person.’’ So Hamilton wrote in Federalist 76. confirmed by his obligation to take care that Virginia’s James Madison agreed, Thus we honor Hamilton’s cautionary the laws be faithfully executed; . . . and . . . saying, ‘‘Besides the danger of intrigue warning, and we advance the public that to hold otherwise would make it impos- and partiality, many of the members service, by avoiding partisanship in the sible for the President, in case of political or were not judges of the requisite quali- confirmation process. other differences with the Senate or Con- fications. The Legislative talents . . . As a matter of practice, the Senate gress, to take care that the laws be faith- were very different from those of a fully executed. has, for the most part, limited its con- Judge. . . .’’ sideration of the President’s Cabinet Thus article 2, section 2 of the Con- Massachusetts’s Nathaniel Gorham, nominees to an inquiry into the nomi- stitution confers the appointment who in the Convention was an early nees’ fitness for office. The Senate power in the following language: proponent of the structure finally must examine, and has examined, the The President . . . shall nominate, and by adopted in the Constitution, also em- qualifications of nominees. William and with the advice and consent of the Sen- phasized the value of focusing responsi- Blackstone wrote in his Commentaries ate, shall appoint ambassadors, other public ministers and consuls, judges of the Supreme bility on the President. Madison’s on the Laws of England, a work well notes report him saying: known among the Founders, that ‘‘[a]ll Court, and all other officers of the United States, whose appointments are not herein The Executive would certainly be more an- offices . . . carry in the eye of the law otherwise provided for, and which shall be swerable for a good appointment, as the an honour along with them; because established by law: but the Congress may by whole blame of a bad one would fall on him they imply a superiority of . . . abili- law vest the appointment of such inferior of- alone. . . . [N]ot . . . that he would be an- ties, being supposed to be always filled ficers, as they think proper, in the President swerable under any other penalty than that with those that are most able to exe- alone, in the courts of law, or in the heads of of public censure, which with honorable cute them.’’ The Senate has thus near- departments. minds was a sufficient one. ly uniformly sought to test the ability Let me begin my discussion of this Pennsylvania’s Gouverneur Morris of nominees to execute the office that language with an analysis of its his- argued that the President would need they seek to occupy. tory. to deal with every part of the United But as a matter of practice, the Sen- With this language, the Constitu- States, and would thus be best in- ate has, for the most part, avoided re- tional Convention made a change from formed about the character of poten- jecting the President’s Cabinet nomi- the Articles of Confederation. Article 9 tial nominees. Madison’s notes report: nations because of their ideology alone. of the Articles of Confederation vested Mr. Gouverneur Morris argued against the The Senate may examine, and has ex- appointment powers in the Congress or appointment of officers by the Senate. He

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00072 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1285 considered the body as too numerous for the ested to investigate with care the qualities I am well authorized to say that the min- purpose; as subject to cabal; and as devoid of requisite to the stations to be filled, and to gling of the powers of the President and Sen- responsibility.—If Judges are to be tried by prefer with impartiality the persons who ate was strongly opposed in the Convention the Senate . . . it was particularly wrong to may have the fairest pretensions to them. He which had the honor to submit to the consid- let the Senate have the filling of vacancies will have fewer personal attachments to eration of the United States and the dif- which its own decrees were to create. gratify, than a body of men who may each be ferent States the present system for the gov- Gouverneur Morris later summed up: supposed to have an equal number; and will ernment of the Union. Some gentlemen op- ‘‘[A]s the President was to nominate, be so much the less liable to be misled by the posed it to the last, and finally it was the sentiments of friendship and of affection. A principal ground on which they refused to there would be responsibility, and as single well-directed man, by a single under- give it their signature and assent. One gen- the Senate was to concur, there would standing, cannot be distracted and warped by tleman called it a monstrous and unnatural be security.’’ that diversity of views, feelings, and inter- connection and did not hesitate to affirm it When they reported home to their ests, which frequently distract and warp the would bring on convulsions in the govern- Governor, Connecticut’s Roger Sher- resolutions of a collective body. ment. This objection was not confined to the man and Oliver Ellsworth cited the Hamilton also wrote of responsibility walls of the Convention; it has been subject protection of the rights of smaller in Federalist number 77, where he of newspaper declamation and perhaps justly so. Ought we not, therefore, to be careful not states, writing: ‘‘The equal representa- wrote: tion of the States in the Senate and to extend this unchaste connection any fur- The blame of a bad nomination would fall ther? the voice of that branch in the appoint- upon the President singly and absolutely. ment to offices will secure the rights of The censure of rejecting a good one would lie Similarly, James Madison became a the lesser as well as of the greater entirely at the door of the Senate; aggra- Congressman in the first Congress, States.’’ The Supreme Court in Myers vated by the consideration of their having where he said: v. United States cited this as a major counteracted the good intentions of the Ex- Perhaps there was no argument urged with purpose for the creation of the Senate’s ecutive. If an ill appointment should be more success or more plausibly grounded made, the Executive for nominating, and the against the Constitution under which we are power of advice and consent, saying: Senate for approving, would participate, now deliberating than that founded on the The history of the clause by which the though in different degrees, in the oppro- mingling of the executive and legislative Senate was given a check upon the Presi- brium and disgrace. branches of the Government in one body. It dent’s power of appointment makes it clear In the discussion among the Found- has been objected that the Senate have too that it was not prompted by any desire to much of the executive power even, by having limit removals. . . . [T]he important purpose ers that touches most closely on the Senate’s role in the nomination proc- control over the President in the appoint- of those who brought about the restriction ment to office. Now shall we extend this was to lodge in the Senate, where the small ess, Hamilton wrote that he expected connexion between the legislative and execu- States had equal representation with the the Senate to reject nominees rather tive departments which will strengthen the larger States, power to prevent the President infrequently, but that the potential of objection and diminish the responsibility we from making too many appointments from such rejections would provide a useful have in the head of the Executive? the larger States. check. Hamilton wrote: The Supreme Court in Myers v. After the Convention settled on the But might not his nomination be over- United States concluded from this his- language now in the Constitution, pro- ruled? I grant it might, yet this could only tory that it should read narrowly the ponents and opponents of executive be to make place for another nomination by Senate’s power of advice and consent, power alike agreed that the President himself. The person ultimately appointed saying: ‘‘Our conclusion . . . is . . . that received the paramount role. must be the object of his preference, though perhaps not in the first degree. It is also not the provisions of the second section of New York’s Alexander Hamilton, who Article II, which blend action by the wanted a strong Presidency, wrote in very probable that his nomination would often be overruled. The Senate could not be legislative branch, or by part of it, in Federalist number 76: tempted, by the preference they might feel the work of the executive, are limita- [I]t is easy to show, that every advantage to another, to reject the one proposed; be- tions to be strictly construed and not to be expected . . . would, in substance, be de- cause they could not assure themselves, that to be extended by implication . . . .’’ rived from the power of nomination . . . . In the person they might wish would be brought the act of nomination, his judgment alone Let me turn now briefly to the his- forward by a second or by any subsequent tory of the process of advice and con- would be exercised; and as it would be his nomination. They could not even be certain, sole duty to point out the man who, with the that a future nomination would present a sent in the Senate. Many of my Col- approbation of the Senate, should fill an of- candidate in any degree more acceptable to leagues will have read the excellent fice, his responsibility would be as complete them; and as their dissent might cast a kind discussion of that history in volume 2, as if he were to make the final appointment. of stigma upon the individual rejected, and chapter 2, of Senator BYRD’s history of There can, in this view, be no difference be- might have the appearance of a reflection the Senate. For those who have not, I tween nominating and appointing. upon the judgment of the chief magistrate, it recommend it. Similarly, Maryland’s Luther Mar- is not likely that their sanction would often As my Colleagues know, in the prac- tin, who feared too strong a Presi- be refused, where there were not special and tices and precedents of the Senate, the dency, wrote in the Genuine Informa- strong reasons for the refusal. Senate considers and approves the tion: Hamilton concluded: overwhelming majority of nominations To that part of this article . . . which gives To what purpose then require the co-oper- as a matter of routine. Over the his- the President a right to nominate, and with ation of the Senate? I answer, that the ne- tory of the Senate, the Senate has con- the consent of the Senate to appoint all the cessity of their concurrence would have a sidered and approved literally millions officers, civil and military, of the United powerful, though, in general, a silent oper- States, there were considerable opposition— ation. It would be an excellent check upon a of nominations. it was said that the person who nominates, spirit of favoritism in the President, and The Senate Executive Journal began will always in reality appoint . . . . would tend greatly to prevent the appoint- totaling the number of nominations re- In the ratification debates, insofar as ment of unfit characters from State preju- ceived and confirmed beginning in 1929. they addressed the nomination process, dice, from family connection, from personal From then until now, the Senate has attachment, or from a view to popularity. Hamilton’s two Federalist Papers, received more than 2.9 million nomina- numbers 76 and 77, stand most promi- The first Congress, which included tions and confirmed more than 2.8 mil- nently. In Federalist number 76, Ham- among its Members several of the lion. Over that period, the Senate has ilton picked up the theme of the value Founders, had occasion to discuss the confirmed 97.9 percent of the nomina- of focusing responsibility on the Presi- appointment power. Georgia’s Abra- tions that it received. Among those not dent, writing: ham Baldwin, for one, had been a dele- confirmed, many simply remained gate to the Constitutional Convention, The sole and undivided responsibility of unconfirmed at the end of a Congress. one man will naturally beget a livelier sense and then became a Congressman. In ar- The Senate’s voting to reject a nomi- of duty and a more exact regard to reputa- guing against extending the Senate’s nee has been an exceedingly rare event. tion. He will, on this account, feel himself advice and consent power to removals Of the 1.7 million nominees received by under stronger obligations, and more inter- from office, he said: the Senate in the last 30 years, the

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00073 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1286 CONGRESSIONAL RECORD—SENATE February 1, 2001 Senate has voted to reject just 4, or sion of rules that could have universal and then for Vice-President Gore that one in every 425,000. Of course, Presi- application. we should follow the Golden Rule, and dents often withdraw without a vote It is the nature of justice that dif- that we should treat President Bush the nominations of those who likely ferent persons of similar circumstances better than the Republican majority face defeat. should receive similar treatment. Let treated President Clinton. And should The Senate’s voting to reject a nomi- us do justice when the Senate exercises the new President abuse the Senate’s nee to the Cabinet has been an even its role of advice and consent. deference, there may come a point more exceedingly rare event. Over the Let us examine nominees to see that when we have to draw a line and say, entire history of the Senate, the Sen- they have, in Blackstone’s words, ‘‘su- ‘‘No more,’’ given the Republican ma- ate has voted to reject only 9 nomina- periority of . . . abilities’’; let us see jority’s refusal to accord a Democratic tions to the President’s Cabinet. The that they are ‘‘most able to execute’’ President the very deference that Re- Senate rejected 6 in the 19th Century, the offices for which they are nomi- publicans now seek. and 3 in the 20th Century. nated. I want to make clear the manner in Four of the 9 Cabinet nominees re- Let us thoroughly investigate nomi- which I have evaluated both of the con- jected were during the Presidency of nees’ competence and experience. Let troversial nominees before this body, President Tyler alone. Several other us question whether they have taken the nominee we consider today, former rejections may be said to have flowed actions that would lead us to doubt Senator Ashcroft, and the nominee who from larger battles between the Senate their ability fully and fairly to execute was confirmed Tuesday, Ms. Norton. I and the President, as when the Senate their offices. am no more comfortable with these rejected President Jackson’s nominee Let us explore nominees’ integrity votes and appointments than anyone to be Secretary of the Treasury in the and ensure that they have the proper else of my personal ideological view- wake of the dispute over the Bank of ethical bearing to administer the high point. trusts to which they are nominated. the United States. Similarly, bad feel- I fully understand and have heard the And yes, let us guard against approv- ings after the impeachment of Presi- pain expressed by my constituents who ing the nomination of an individual have strongly criticized these nomina- dent Andrew Johnson led to the Sen- who stands so far at variance with the ate’s rejection of President Johnson’s tions and who devote their time and core values of this Nation—values of thought to building broader public sup- nomination of his counsel in the im- freedom, democracy, and equality— peachment trial to be Attorney Gen- port for an end to all forms of discrimi- that we cannot realistically imagine nation or for reproductive rights or for eral. the nominee’s being able to carry out In the 20th Century, the Senate re- an environmentally sound energy pol- the duties of an office in our American icy or for wildlands protection. I must jected half as many Cabinet nominees government. That will necessarily be a as it did in the 19th Century. In the work hard every day on issues affecting subjective judgment, but plainly a le- the public interest and public welfare, wake of the Teapot Dome scandal, the gitimate one. Senate voted down President Coo- and, in order to move a progressive But let us conduct our investigation agenda forward I must sit and listen lidge’s nomination of Charles Warren in matters such as these that involve because of his ties to trusts. The Sen- and talk with those who deeply and the lives and reputations of other peo- profoundly disagree with me. These ate voted down President Eisenhower’s ple—people almost uniformly highly nomination of Lewis Strauss, some say nominees and I do not agree on a num- regarded in the community—with civil- ber of issues. But the question that this because of Admiral Strauss’s lack of ity. Let us take pains to avoid casting body faces, and that I face as a member tack. Most recently, in 1989, the Senate the kind of personal ‘‘stigma’’ that of it, is broader than whether or not we rejected the nomination of Senator Hamilton feared. And let us, when we are having a referendum on the ideo- John Tower, an event which many in hold the honor and careers of people in logical views expressed by these nomi- the Senate will recall from their own our hands, do what we can to diffuse nees. memory. the bitter viciousness that has seized I have reflected and given thought to This examination of the history dem- so much of official Washington. the deeper historical and philosophical onstrates that it has been a nearly con- I propose that we govern ourselves by roots of the process of the Senate giv- tinuous custom of the Senate to con- principle, as a Democrat at the outset ing ‘‘advice and consent’’ to Cabinet firm a President’s nominees to the Cab- of a new Republican Presidency, in the nominees. In this history of the Sen- inet in all but the very rarest of cir- hope that we may rise above that ate’s treatment of Cabinet nomina- cumstances. These practices and prece- which has come before. For I cannot tions, deference is an important prin- dents thus support the principle that help but express my objection to the ciple. Lack of that deference on nomi- the Senate owes the President substan- attitude and approach that the Repub- nees can result in a confirmation proc- tial deference in the selection of the lican majority in the Senate took to- ess that is undignified for the country, Cabinet. ward the nominees of the Democratic unlikely to produce outstanding public Bearing in mind this history and President since the Republicans took servants, and unable to advance the de- Hamilton’s admonition that the Sen- control of the majority in 1994. bate on matters of public policy. ate’s ‘‘dissent might cast a kind of In some respects, the Republican ma- I am attempting by these votes to as- stigma upon the individual rejected, jority seemed not even to accept the le- sist in restoring the Senate’s credi- and might have the appearance of a re- gitimacy of President Clinton’s elec- bility and trust, and I will use the pow- flection upon the judgment of the chief toral victories in 1992 and 1996. Elec- ers of my office to make certain these magistrate,’’ what then should be, in tions must have consequences. nominees live up to the views they Hamilton’s words, the ‘‘special and Instead, it appeared to me that they have expressed to this body under oath. strong reasons for the refusal’’ that unfairly blocked very legitimate, And let me underscore that I have should prompt the Senate to reject a qualified appointees such as Bill Lann risen today to address nominations to nominee to the Cabinet? Lee, Ronnie White, and James Hormel. the Cabinet, who will serve for a term It is in the nature of the Constitu- I think this was wrong. But I propose of years, and whom we should consider tion’s grant of powers to the Senate that we Democrats not return the under a far looser standard than that that each Senator must make his or favor, escalating a never-ending harsh- we should apply to judges and certainly her own decision how to vote on nomi- ening of our discourse. Rather, I pro- justices, who will serve for life. nees whom the Senate considers. It pose that we treat this new Republican But I fear that in the process of giv- thus follows that each decision must to President the way that we would want ing its advice and consent with regard some extent be subjective. But we do a Republican majority to treat a to nominations to the President’s Cabi- injury to the reputation of the Senate Democratic President in the future. net, the Senate is positioning itself to when we cannot articulate our reasons It is not easy for me to tell those who head down a road to a dangerous place. for rejecting a nominee as the expres- fought so hard for President Clinton Let us decide not to go down that road.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00074 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1287 Let us not go down the road to where been of little consequence to my deci- seems able to look beyond that ide- those who seek public office must all sions. Instead, an important additional ology to respect and encompass others’ their life avoid any forceful public ut- characteristic I have looked for, par- equally strong beliefs and convictions. terance. ticularly at this time in our nation’s There is nothing in his long history of Let us not go down the road to where history, is a proven ability to bring public service to suggest he can rise to young people—college students and people together. I seek nominees who the challenge of being a uniter, some- graduate students—will fear to experi- will welcome diverse points of view and one who can compromise when nec- ment with new ideas. ideas and who will lead in building con- essary to bring us all together. Let us not go down the road to where sensus. In that vein, I have given my Furthermore, I have heard John expression is squelched and thoughts full support to 18 of the cabinet nomi- Ashcroft’s promise to uphold and en- are stifled. nations sent to the Senate by Presi- force our laws, and I take him at his Let us not go down the road to that dent Bush this year. word. But the question of his nomina- arid place where public discourse is The nominee before us today, how- tion and the role of Attorney General barren because no public leaders dare ever, is not one I can support. are not that simple. If they were, then write articles declaring their views. The United States Attorney General every person nominated to a position Let us not go down the road to where has a particularly compelling and im- charged with upholding the law would Senators fear to take a position, make portant role, as evidenced by this vig- be approved—every judge, every U.S. a statement, or cosponsor a bill on a orous debate. The Attorney General is Attorney, every Cabinet Secretary. controversial issue, like the death pen- known as the President’s legal advisor Reasonable people have honest dis- alty—one way or the other—just to and the people’s lawyer. He or she is agreements about what the law says avoid a confirmation fight. charged with leading our nation in in- and how to apply it in different situa- Let us not go down the road to that terpreting, enforcing, and upholding tions. The law is not always precise, frozen place where the Senate’s nomi- our laws. He must be a person who em- and the path to justice is not always nation process imposes a deep chill bodies balance and evenhandedness, so clearly marked. over political discourse among all who that all of our citizens feel fully and The Attorney General instead has a would someday hold office. fairly represented by his actions. He great deal of discretion, and he must And let us not go down a road to must be able to contribute in a mean- bring to that discretion his own stand- where in order to serve our Country, ingful way to the great challenge of ards, experiences and beliefs. Deciding one must become like milk toast, like uniting our nation. That is my test for which cases to defend and which to Pablum. this nomination. prosecute, which judges and proposed Former Senator John Ashcroft is a Rather, let us work together in this changes in the law to support and man that I have come to know here in government, working with vigorous which to oppose, where to dedicate lim- the United States Senate. I have served minds who may sometimes have vig- ited resources and where to cut back with him on the Senate Commerce orous opinions. all are tasks that call for objectivity, Committee and spent many hours ob- The American People expect this balance, and leadership. serving and participating with him in Senate and this government, divided as Mr. President, after carefully review- debate. Throughout his service here, it is, to govern. We owe them no less ing all of the facts and circumstances, and earlier as Governor and Attorney than to try to do so. and after lengthy personal reflection, I General in the State of Missouri, he Now is not too soon to start. I extend am not convinced that John Ashcroft has shown a strong moral compass and to President Bush the hand of coopera- can do the job of Attorney General passionately held views about what he tion as he begins his administration. I without returning to his life-long rejec- will cast my votes on nominations he wants for our country and its citizens. As Senate colleagues, we have some- tion of moderation and conciliation. proposes according to these principles, times agreed, and more often disagreed John Ashcroft proudly judges issues and hope that the President and the on policy and legislation. In many and people on the basis of his own majority will return the favor, and cases, his legislative agenda was not strong ideology. Time and again I have work together with us in a truly bipar- one that I thought helped or protected seen John Ashcroft show hostility and tisan manner. West Virginia’s working families, sen- insensitivity toward those who dis- Mr. ROCKEFELLER. Mr. President, iors and children. But, again, my test agree with him or who hold ideals and the United States Constitution ex- for Attorney General is not whether I values that differ from his. He has pressly grants to the Senate the pre- share John Ashcroft’s views on any never hesitated to use his views as a rogative, responsibility, and duty to particular issue or matter. test to judge others. This uncompro- determine its ‘‘advice and consent’’ to I have great respect for John mising approach is not what I think the nominations of all Presidents. This Ashcroft as a person of deeply held reli- our country wants and expects from its is an important, even awesome man- gious beliefs, and his particular faith is leaders. date, and one no Senator takes lightly. of no consequence for me in this deci- I do not stand in judgment of my While the Senate’s constitutional role sion. In fact, I have been personally of- former Senate colleague, but I must re- is plainly much more than a mere rub- fended by a few who suggest that some- ject his nomination for Attorney Gen- ber stamp, the President also should be one’s religion might be a consideration eral. given wide latitude in the people he in this or any other decision I make. I Mr. INOUYE. Mr. President, I had chooses to run our government with unequivocally reject that type of every intention to once again, as I have him. thinking and believe my own long done in the past, support the Presi- Over the last several weeks, I have record proves otherwise. dent’s choice of Cabinet members. The voted to approve all but one of Presi- John Ashcroft has been honest in his President was elected, he selected his dent Bush’s cabinet nominations. I convictions and his principles, and he team, and his choices should be re- have done so because, on the whole, I has fashioned his public life working to spected. In the case of former Senator believe his nominees are an impressive, advance his firmly held beliefs. He is a John Ashcroft’s nomination as the U.S. diverse, and well-qualified group who man of strong, unbending ideology—so Attorney General, the President’s reflect the broad spectrum of Amer- unbending, in fact, that this is what choice will be respected by a majority ica’s philosophical and cultural back- makes him the wrong choice for Attor- vote of the Senate. However, if I sup- grounds. ney General. I have plainly seen in ported the nomination of Senator Of course, without exception, they John Ashcroft a basic inability to com- Ashcroft, my vote may be misunder- appear to represent the views of the promise or to reach out to those with stood not only by my supporters and new President who nominated them. opposing or different points of view. constituents, but by many others. Beyond their fundamental ability to do The problem is not John Ashcroft’s It should also be noted that the Con- the job, their views and ideologies have ideology. It is the fact that he never stitution reserves to the Senate the

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00075 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1288 CONGRESSIONAL RECORD—SENATE February 1, 2001 power of advice and consent as to the Mr. BYRD. Mr. President, I daresay misgivings he might have about that President’s nominations. I hope that that each of us has received an enor- law. my opposition, together with the oppo- mous amount of correspondence about I take him at his word. Although, I sition of several of my colleagues, will the nomination of Senator John do not agree with all of Senator advise the President of our concerns as Ashcroft to be Attorney General of the Ashcroft’s views, I have no cause to to his nomination of Senator Ashcroft. United States. The favorable cor- doubt Senator Ashcroft’s word or his As a person, my experience in serving respondence tends to emphasize sup- sincerity regarding his fealty to an with Senator Ashcroft has been a posi- port for the Senator’s policy priorities oath he will swear before God Al- tive one, but I have found myself on and appreciation of his reputation for mighty. It would be an act of supreme most occasions casting my vote in dis- honesty and integrity. The unfavorable arrogance on my part to doubt his in- agreement with Senator Ashcroft. For correspondence tends to emphasize tention to honor such an oath. I will example, he is for the death penalty; I concern about the Senator’s policy pri- not prejudge him in such a manner. am against the death penalty. He sup- orities and disapproval of the standards Given Senator Ashcroft’s back- ports doing away with abortion; I am he applied, as Senator, to the disposi- ground, the position to which he has for freedom of choice. I have also ex- tion of Presidential nominations. been nominated, and his assurances to amined Senator Ashcroft’s record away We must begin by deliberating on the the Senate that he will faithfully up- from Capitol Hill, and I have found standard to be applied to confirmation hold the laws of the United States, I that his actions have been consistent decisions. The Constitution merely believe he should be confirmed. with the views he held when we were states that the President shall appoint Mr. HATCH. Mr. President, as we colleagues on the floor of the Senate. public ministers with the ‘‘advice and prepare to close debate on the nomina- Senator Ashcroft’s actions in the consent’’ of the Senate. This is not a tion of our former colleague, Senator area of civil rights raise questions as to specific standard, nor even a mandate John Ashcroft to be the Attorney Gen- his commitment to preserving the civil to review particular features of a nomi- eral for the United States, I want to rights of all Americans. As the Gov- nee’s background or capabilities. Rath- first thank a few people. First, let me ernor of Missouri, Senator Ashcroft ve- er, we are enjoined to employ our judg- thank Senator LEAHY, the Ranking toed bills designed to ensure the equal ment, a faculty which—however much Democrat Member on the Judiciary treatment of African American voters. we may lament it—focuses on different Committee. He faced a difficult task in As the Attorney General of Missouri, factors in considering nominees for dif- organizing the hearing for this nomina- Senator Ashcroft actively obstructed ferent public offices and varies its ap- tion and working for a fair process. I the voluntary desegregation plan for proach in response to the needs of the want to express my gratitude to him the City of St. Louis. times. Thus, when it comes to our duty and commend his staff, including the Similarly, Senator Ashcroft’s record to provide advice and consent on cabi- Minority Chief Counsel, Bruce Cohen, on reproductive rights causes me some Senator LEAHY’s General Counsel, concern. Throughout his political life, net nominations, we are plainly in an Beryl Howell, Mary DeOreo, Natalie Senator Ashcroft has believed that area where reasonable minds can differ, there is no constitutional right to not only about the criteria, but even Carter, and others. I would also like to thank the other abortion, and has worked to overturn about the proper result given par- members of the committee for their Roe v. Wade by State and Federal leg- ticular criteria. No amount of pressure diligence regarding this matter. In par- islation and by constitutional amend- politics—and no slickly packaged talk- ticular let me thank Senator KYL who ment. Senator Ashcroft’s persistent ef- ing points—can alter this fundamental forts to limit reproductive rights as fact. has been a tremendous advocate in the Missouri’s attorney general and Gov- I do not subscribe to the view that, effort supporting this nomination, and ernor, and as a U.S. Senator suggest barring the taint of criminality or dis- let me also mention Senator SESSIONS the policies he might endorse as the honesty, the President is entitled to for his hard work in behalf of the nomi- U.S. Attorney General. have his nominations confirmed. I do nation. I realize that I may be in the minor- subscribe to the view that law enforce- I also want to commend those Sen- ity in my opposition to the death pen- ment officials of good will and ability ators on the other side of the aisle, who alty, but I have been against execution can separate their policy preferences despite intense pressure from and re- as a criminal punishment since the from the performance of their official lentless lobbying by a number of left- start of my political career. For exam- duties. wing groups have stood up for what ple, I coauthored the measure in the There is a distinct difference between they believed was right and announced Territorial Legislature of Hawaii that the role of a Senator as the drafter of their support for this nominee. I espe- abolished capital punishment, and from laws and the role of the Attorney Gen- cially want to express to my colleague that time forward, no convicted crimi- eral as the enforcer of laws. Once Sen- on the Judiciary Committee, Senator nal in Hawaii has been put to death. ator Ashcroft places his left hand on FEINGOLD, how much my respect for Senator Ashcroft does not share my the Bible and swears to uphold the laws him has grown watching him speak in views on this subject. Indeed, as Gov- of the United States, he will be re- support of and cast his vote for John ernor of Missouri, Senator Ashcroft quired to enforce even those laws about Ashcroft. I know that he has been tar- took the position that the death pen- which he harbors serious reservations. geted by petitions and email cam- alty was appropriate for teenagers, and Not only that, but given the fact that paigns orchestrated by People for the denied that there is any racial dis- John Ashcroft is a deeply religious American Way and others to pressure parity in the application of the death man, that solemn vow, I am sure, will him, but he has not buckled, and I con- penalty. I do not share these beliefs, not be taken lightly by him. Let me gratulate him for his courage to take a and I think that Hawaii’s experience quote Senator Ashcroft’s own words on principled stand. with the death penalty points to oppo- that subject: ‘‘As a man of faith, I take I would also like to thank the Ad- site conclusions. my word and my integrity seriously,’’ ministration and Transition staff who Knowing these and the many other he said. ‘‘So, when I swear to uphold worked on this matter. And let me also aspects of Senator Ashcroft’s record the law, I will keep my oath, so help thank my Committee staff who worked that have come to light in recent days, me God.’’ Further, during his confirma- literally around the clock to assist me I have some difficulty seeing him as tion hearings, he stated that he under- and my colleagues in moving this nom- the next U.S. Attorney General—so stands this obligation and fully intends ination forward. I believe everyone on much difficulty that I believe I must to honor it. For example, he indicated the committee staff has worked tire- exercise my Senatorial right of advice that he ‘‘will vigorously enforce and lessly, but let me especially recognize and consent and cast my vote in oppo- defend the constitutionality’’ of the the Committee’s Chief Counsel, Sharon sition to the nomination to make sure law barring harassment of patients en- Prost, the Committee’s Staff Director, the record is clear. tering abortion clinics, despite any Makan Delrahim, our fine and able

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00076 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1289 counsels, Shawn Bentley, Stephen Hig- inclusive, forthright, and he will follow Only one time in 40 years have we gins, Ed Haden, Rhett DeHart, Gary the law. He will be an Attorney Gen- not confirmed the President’s nomina- Malphrus, Rita Lari, Lee Otis, Neomi eral for all the people and be an Attor- tion for a Cabinet position, and that, I Rao, Rene Augustine, Pat O’Brien, ney General of whom we can all be am convinced, was a terrible mistake. Larry Block, Alex Dahl, Jeff Taylor, proud. I know he will because I know Today we will confirm former Sen- Leah Belaire, and John Kennedy, and John Ashcroft, as most of us do. I know ator John Ashcroft to be Attorney Gen- our valued staff members, Amy Hay- he is well-prepared. And I know when eral. That is as it should be. wood, Kent Cook, Jessica Caseman, he promises to discharge his duties I have been disappointed by this Swen Prior, and Jared Garner, and of faithfully, to uphold the law and Con- nomination’s process through the Judi- course our most able press staff, who stitution, enlisting the help and wit- ciary Committee, and to a degree here, kept us informed of the smear cam- ness of God to do so, he means it, and although less so on the floor of the paigns, Jeanne Lopatto and Margarita he will do it. Senate. I thought the rhetoric got too Tapia. They all worked together as a I look forward to working with him hot. It did get into the range of being team with numerous others, including to help make our nation safer, more unfair. But I don’t think we should let Senator GRAMM’s staff, Senator BOND’s just, and more in line with our found- that permanently alter the atmosphere staff, as well as the able staff of the ing principles, embodied in our Con- we have tried to set in the Senate. Senate Leadership, particularly Dave stitution. His job is largely about mak- I have tried to get through some Hoppe and Robert Wilkie of Senator ing our nation more safe and free. I am items that would allow us to move for- LOTT’s staff and Stewart Verdery of glad we will have an Attorney General ward in a positive vein. Senator NICKLES’ staff. who will work toward that goal. I think congratulations also would be Now let me turn to the nomination I yield the floor. in order, and certainly a word of appre- itself. Mr. President, I believe we are Mr. President, I suggest the absence ciation for the leadership on the Demo- about to confirm one of the most quali- of a quorum. cratic side of the aisle. Senator fied candidates for the office of Attor- The PRESIDING OFFICER. The DASCHLE has tried to help get us ney General that we have ever had. clerk will call the roll. through this nomination. He made it John Ashcroft has superb credentials, The legislative clerk proceeded to clear that he would not participate in a and he is well-prepared to be Attorney call the roll. filibuster. I do not recall in the 30- General. In addition to graduating Mr. LOTT. Mr. President, I ask unan- something years I have been watching from one of our finest law schools, here imous consent that the order for the the Senate very closely a Cabinet nom- is a man who has almost 30 years of quorum call be rescinded ination being filibustered. It would be a The PRESIDING OFFICER. Without public service to this country—eight terrible precedent. He spoke out, say- objection, it is so ordered. years as attorney general of his state ing he wouldn’t do it, that he wouldn’t Mr. LOTT. Mr. President, parliamen- of Missouri, during which time he was support it. To those who said we tary inquiry: Have the yeas and nays elected by his peers, the 50 state attor- shouldn’t have a filibuster, I say thank been ordered? you for that. neys general, Democrats and Repub- The PRESIDING OFFICER. They There will be those who will speak licans, to become the president of the have not been ordered. out about what this vote means, if it is National Association of Attorneys Gen- Mr. LOTT. I ask for the yeas and not 60 votes, or if it is 69 over 61, or eral. Then he was twice elected gov- nays on this vote after my closing re- whatever it may be. I think that will ernor of Missouri, and again elected by marks. be a futile waste of time. I don’t think his peers, the 50 state governors, to The PRESIDING OFFICER (Mr. FITZ- we should read anything into it. This head the National Governors Associa- GERALD). Is there a sufficient second? tion. And then he was elected by Mis- There is a sufficient second. nominee is going to be confirmed, and sourians to serve with us here in the The yeas and nays were ordered. he should be. The President of the United States Senate, where we all Mr. LOTT. One other inquiry: Has all United States, George W. Bush, is enti- came to respect him for his work ethic time been used except for the time re- tled to have his selection to be Attor- and his integrity. served for the majority leader? ney General. As a matter of fact, I don’t know of The PRESIDING OFFICER. That is I want to say also that I know John one Senator in the whole United States correct. Ashcroft. I know him as a man. I knew Senate who would disagree with the Mr. LOTT. Mr. President, I want to him as a Senator. I knew him as a close statement that this is an honorable begin by assuring all of my colleagues personal friend, and I knew him as a man of integrity. When he says he’ll do that I will not use the entire 15 min- member of the Singing Senators as we something, he’ll do it. I don’t know utes, so we can begin the vote hope- sang all across this country together. I anybody, who, knowing his record and fully 5 or 10 minutes early. Senators have been in his home. I know his wife. his life, who would conclude that John need to be aware of that so they can I know his children. I know his con- Ashcroft is anything but one of the fin- come and begin the vote within the stituents. I have been all over Mis- est people they’ve every met. next 10 minutes. souri. He has been in my home. He But during this process, I think that Mr. President, this nomination has knows my friends, and we have been to- we have seen some attempts here to not been an easy one for the Senate Ju- gether in many instances. I don’t know undermine a truly good man. Some diciary Committee or the Senate to this person who has been described in things have been done throughout this deal with without some difficulty. You some of the debate; some of these alle- process that were outside the bounds of can argue about why that is. But we gations about things he did, or didn’t policy debate, beyond what is decent have come to it, and now we are ready do, or whether or not he is a man of his and right. In the zeal to take a polit- to vote. word. I do not know that person. I ical stand against this nominee for Only nine times in our history has know John Ashcroft. I know the man whatever reason, I believe there have the Senate defeated one of the Presi- who served in this Chamber. I know his been numerous charges, innuendos, and dent’s nominees for his Cabinet and abilities, his education, and his quali- distortions that were neither fair nor only once since 1959. When I was a new fications. I don’t think there has ever accurate. I have tried to help rebut Senator in 1989, I observed what I been a more qualified person by back- these charges, but they ought not to thought was a terrible miscarriage of ground, education, and experience to be have been made. justice against former Senator John Attorney General than John Ashcroft. Despite these attacks, I do not be- Tower. John Tower should have been I remember 8 years ago, when I voted lieve this good man, this man of deep Secretary of Defense. I was really dis- to confirm the previous Attorney Gen- faith and conviction, will take offense appointed in how he was savaged and eral, thinking that this nominee was or hold grudges. I believe he will do how some of his colleagues in this body not qualified, and I think she proved it. what he has promised to do. He will be treated him. But I voted for her because I thought

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00077 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1290 CONGRESSIONAL RECORD—SENATE February 1, 2001 President Clinton was entitled to his Ashcroft of Missouri to be Attorney There being no objection, the mate- nominee at that point. General of the United States? The yeas rial was ordered to be printed in the So we have a man who is qualified. and nays have been ordered, and the RECORD, as follows: But it is more than that. John Ashcroft clerk will call the roll. SENATE APPROPRIATIONS COMMITTEE RULES is a good man of high veracity and who The legislative clerk called the roll. 107TH CONGRESS will keep his word. The result was announced—yeas 58, I. Meetings Senator BYRD said yesterday, I be- nays 42, as follows: The Committee will meet at the call of the lieve, in his speech that he has made a [Rollcall Vote No. 8 Ex.] Chairman. commitment he is going to uphold the YEAS—58 II. Quorums law. What more should we want: A Allard Ensign Miller 1. Reporting a bill. A majority of the mem- pound of flesh? Allen Enzi Murkowski bers must be present for the reporting of a I realize this is all about other Bennett Feingold Nelson (NE) bill. things. That is OK. But it is unfair to Bond Fitzgerald Nickles 2. Other business. For the purpose of this man. Breaux Frist Roberts transacting business other than reporting a Brownback Gramm Santorum Maybe the ravens will be heard never Bunning Grassley bill or taking testimony, one-third of the Sessions members of the Committee shall constitute more. But forevermore you can quote Burns Gregg Shelby Byrd Hagel a quorum. me on this and remind me on this. Smith (NH) Campbell Hatch 3. Taking testimony. For the purpose of Smith (OR) John Ashcroft will go on to be one of Chafee Helms Snowe taking testimony, other than sworn testi- the best Attorneys General we have Cochran Hutchinson Specter mony, by the Committee or any sub- ever had. He will be conscientious. He Collins Hutchison committee, one member of the Committee or Conrad Inhofe Stevens will show capability. He will be sen- Craig Jeffords Thomas subcommittee shall constitute a quorum. sitive. He will be honest. He will en- Crapo Kyl Thompson For the purpose of taking sworn testimony force the laws—some laws that have DeWine Lott Thurmond by the Committee, three members shall con- been ignored the last 8 years—and Dodd Lugar Voinovich stitute a quorum, and for the taking of Domenici McCain Warner maybe there are some people who are a sworn testimony by any subcommittee, one Dorgan McConnell member shall constitute a quorum. little nervous about that. But, as we say in all kinds of different circles in NAYS—42 III. Proxies America, I am here to vouch for their Akaka Durbin Lieberman Except for the reporting of a bill, votes Baucus Edwards Lincoln man. I vouch for John Ashcroft. I will may be cast by proxy when any member so Bayh Feinstein Mikulski requests. stand by him. And you mark my words, Biden Graham Murray he will go on to be a great and valuable Bingaman Harkin Nelson (FL) IV. Attendance of staff members at closed ses- Boxer Hollings Reed sions Attorney General. Cantwell Inouye Reid So let’s move on. Let’s work to- Attendance of Staff Members at closed ses- Carnahan Johnson Rockefeller sions of the Committee shall be limited to Carper Kennedy Sarbanes gether, as I know we can do. those members of the Committee Staff that I accept the olive branch extended by Cleland Kerry Schumer Clinton Kohl Stabenow have a responsibility associated with the Senator RUSS FEINGOLD. That is what Corzine Landrieu Torricelli matter being considered at such meeting. he said. I extend the olive branch to Daschle Leahy Wellstone This rule may be waived by unanimous con- show a willingness to work together Dayton Levin Wyden sent. and reach across the aisle and across The nomination was confirmed. V. Broadcasting and photographing of Com- all the other things that could divide The PRESIDING OFFICER. In my mittee hearing us. He showed courage. I will not forget capacity as a Senator from the State of The Committee or any of its subcommit- it. In fact, I think I maybe didn’t for- Illinois, I ask unanimous consent that tees may permit the photographing and get it in advance because we have al- the motion to reconsider be laid upon broadcast of open hearings by television and/ ready worked out an agreement on how the table and the President be imme- or radio. However, if any member of a sub- we are going to bring up a bill about committee objects to the photographing or diately notified that the Senate has broadcasting of an open hearing, the ques- which he cares a lot. given consent to this nomination, and tion shall be referred to the Full Committee But that was an important statement the Senate then resume legislative ses- for its decision. on his part. I accept it. We accept it. sion. VI. Availability of subcommittee reports That is the way we should proceed. Without objection, it is so ordered. This new President has changed the To the extent possible, when the bill and f report of any subcommittee are available, tone in this city. Absolutely, people they shall be furnished to each member of are astounded by his willingness to LEGISLATIVE SESSION the Committee thirty-six hours prior to the reach out and to listen and to be heard. Committee’s consideration of said bill and He is meeting with everybody. He has report. even seen motion pictures with them. MORNING BUSINESS VII. Amendments and report language So he is doing his part. Let us make The PRESIDING OFFICER. In my To the extent possible, amendments and sure the Senate does its part. report language intended to be proposed by Vote for John Ashcroft. You won’t capacity as a Senator from the State of Senators at Full Committee markups shall regret it. Then let’s move on to impor- Illinois, I now ask consent that the be provided in writing to the Chairman and tant legislation. Let’s argue about Senate be in a period for morning busi- Ranking Minority Member and the appro- ideas. Let’s argue about how to make ness. priate Subcommittee Chairman and Ranking education better. Let’s argue about Without objection, it is so ordered. Minority Member twenty-four hours prior to such markups. how to give tax relief—‘‘return to send- f er,’’ as the Senator from Georgia said. VIII. Points of order That is what the people want us to talk COMMITTEE ON APPROPRIATIONS Any member of the Committee who is floor about. They want to get this vicious RULES—-107TH CONGRESS manager of an appropriation bill, is hereby authorized to make points of order against and partisan stuff behind us and deal Mr. STEVENS. Mr. President, the any amendment offered in violation of the with real issues. I don’t think insur- Senate Appropriations Committee has Senate Rules on the floor of the Senate to mountable damage has been done. I be- adopted rules governing its procedures such appropriation bill. lieve we can build on the other things for the 107th Congress. Pursuant to f we have done in the last month. Rule XXVI, paragraph 2, of the Stand- Mr. President, I yield the floor. ing Rules of the Senate, on behalf of FALSE CLAIMS ACT The PRESIDING OFFICER. The myself and Senator BYRD I ask unani- Mr. GRASSLEY. Mr. President, question is, Does the Senate advise and mous consent that a copy of the Com- today I want to speak about an impor- consent to the nomination of John mittee rules be printed in the RECORD. tant issue for the taxpayers of this

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00078 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1291 country. The government’s strongest I ask further that we agree to be strong met him over dinner through fellow Ar- and most effective tool against fraud is despite the strength of an industry, kansans whose family recycling busi- called the False Claims Act. In recent simply because it is the ‘right’’ thing ness was an ISRI member company. years, the False Claims Act has been to do. Taxpayers deserve no less—and During that dinner Herschel gave me a under attack from industries targeted as legislators, we should deliver no succinct but thorough description of a by the government’s anti-fraud efforts. less. serious dilemma facing the scrap recy- Since 1986, when Congress passed I ask unanimous consent that the cling industry and its possible resolu- amendments that I sponsored to tough- January 31, 2001 letter I received from tion. After listening to him discuss the en the law than $4 billion has been re- Senator Ashcroft be considered as read concerns facing the many families in covered through the False Claims Act. and printed in the RECORD. the recycling industry, including many Hundreds of billions more in fraud have There being no objection, the mate- Arkansas families, it was easy for me, been saved through the deterrent effect rial was ordered to be printed in the a farmer’s daughter, to identify with a that this law has upon those who would RECORD, as follows: key concern facing them. That is, cer- betray the public’s interest. JANUARY 31, 2001. tain government policies were, inad- In addition to the recovery of money Hon. CHARLES GRASSLEY, vertently, having the effect of causing and the deterrent effect of this law, the U.S. Senate, many recycling families to wonder False Claims Act is important for an- Washington, DC. whether they should remain with their other, perhaps, more important reason. DEAR SENATOR GRASSLEY: Thank you for businesses. The fact is that the False Claims Act is your letter of January 30, 2001, concerning That dinner was the beginning of a being used, day after day, by prosecu- the qui tam provisions of the False Claims Act. I believe that the False Claims Act and long and fruitful relationship between tors to maintain the integrity of the qui tam provisions in particular are vital me, Dr. Cutler, and the entire scrap re- countless federal programs funded by tools in combating government fraud and cycling industry. Herschel Cutler’s ear- American taxpayers. For example, the abuse. I fully support vigorous enforcement nest integrity convinced me that the False Claims Act is being used in the of the law. recyclers’ cause was worth fighting for. health care industry to ensure that Tackling government fraud and abuse I began that fight in 1993. It ended in nursing home residents receive quality through the False Claims Act will be an im- 1999, after I teamed up with Senators portant priority for the Justice Department. care. DASCHLE and LOTT, BAUCUS, and Included in the anti-fraud arsenal of Indeed, I expect that the sustained efforts of the Justice Department will in some respects CHAFEE to amend the Superfund law to the False Claims Act is a provision lessen the need for (but not the importance correct a mistake directed at recyclers called qui tam. Qui tam is a concept of) private attorneys general acting pursuant that nobody had intended. that dates back to feudal times. It al- to the qui tam provisions of the Act. I can Dr. Herschel Cutler and I have been lows private citizens who know of fraud also assure you that I will defend the con- fast friends ever since. As he retires on against the taxpayers to bring a law- stitutionality of the Act, like all Acts of January 31, 2001, I cannot thank him suit against the perpetrators. In other Congress, if it is challenged in the courts. enough for his guidance and his counsel words, the citizen acts as a partner Finally, I assure you that I will not sup- to me over the years since we first met. with the government. As an incentive, port efforts to weaken the Act, and indeed, will support efforts to strengthen the Act He is truly a modest man of great wis- the citizen shares in any monetary re- and ensure that the Justice Department dom, integrity and intellect. Upon his covery to the U.S. Treasury. Over the plays a critical role in targeting government retirement the Washington association decades, the False Claims Act, and es- waste and abuse. community is much the poorer. And pecially the qui tam provisions, proved I look forward to working with you on with his counsel absent from the daily to be effective, both in catching and de- these issues. give and take of public policy discus- terring fraud. Sincerely, sions in the Congress, so are all of his In considering the nomination of my JOHN ASHCROFT. many friends in both houses. former colleague, Senator John f Herschel, I wish you the best fishing, Ashcroft, for the position of Attorney reading, writing, and teaching in your ADDITIONAL STATEMENTS General of the United States, I asked retirement. I’m sure your legions of about his support for False Claims Act friends would agree, your friendship and the qui tam provisions. Senator ∑ RETIREMENT OF HERSCHEL has been a blessing to us all. Ashcroft’s January 31, 2001 letter f assures me that he will not support ef- CUTLER forts to weaken the Act, and will sup- ∑ Mrs. LINCOLN. Mr. President, I rise TRIBUTE TO MAJOR GENERAL port efforts to strengthen it. This today to acknowledge the retirement TIMOTHY P. MALISHENKO, USAF pledge of support will ensure that the of Dr. Herschel Cutler from the Insti- ∑ Mr. DEWINE. Mr. President, I rise Department of Justice plays the crit- tute of Scrap Recycling Industries, today to pay tribute to Major General ical and necessary role of targeting ISRI. Dr. Cutler, ISRI’s former Execu- Timothy P. Malishenko, USAF, upon government waste and abuse. Senator tive Director, spent the last 33 years of his retirement from the United States Ashcroft assures that he will support his life teaching the Nation, including Air Force after more than 32 years of ‘‘vigorous enforcement of the law’’ and the Congress, about the environmental distinguished and dedicated service to ‘‘will defend the constitutionality of and economic benefits of recycling. In our Nation. the Act.’’ I appreciate Senator the course of his tenure, ISRI has be- A son of Ohio, Tim Malishenko grew Ashcroft’s support for the False Claims come a highly respected trade associa- up not far from my Greene County Act. He is a man who is dedicated to tion known for its dedication to both neighborhood, where his mom and dad enforcing the laws of this country and environmental protection and private were customers of my family’s seed, understands the importance of the sector entrepreneurialism. He had a grain, and lumber business. After grad- False Claims Act. wonderful knack for hiring extraor- uating from Fairborn High School, he All in all the history of the assault dinary staff. And, by example, Herschel went on to The Ohio State University, on the False Claims Act sends us on a taught them to do their homework, ac- where he earned a degree in business long and winding road. The False quire a deep understanding of their and honors as a distinguished ROTC Claims Act is, and will remain, a target issues, keep their standards high, de- graduate. This marked the beginning of of those industries and accept billions velop reasonable solutions to problems what developed into an extraordinary and billions of taxpayer dollars annu- and, with regard to public policy, to Air Force career, in which Tim rose to ally and balk at strict accountability. I never overreach. the pinnacle of the complex and de- ask only that we, as legislators, re- Herschel Cutler is not an Arkansan. manding world of Defense acquisition. member the historical and current as- But, shortly after my first election to As a young officer, Tim Malishenko saults made upon the False Claims Act. serve as a member of the other body, I served in a variety of contracting and

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00079 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1292 CONGRESSIONAL RECORD—SENATE February 1, 2001 contract-administration assignments left an indelible mark on DoD’s con- ment to creating housing opportunities related to major programs, including tinuing Revolution in Business Affairs, both within our state and nationwide. I the Polaris and Poseidon missiles and ushering DoD into an era of paperless congratulate her on the leadership role the F–15 Radar. His organizational and contracting and electronic business which she is about to undertake and crisis-management skills came to the processes. The inception of DCMA is a know that she will continue her good fore during the 1974 oil embargo, when, living testimonial to Tim Malishenko’s work for years to come.∑ as a charter member of the Air Force exemplary leadership, professionalism, f Energy Management Division, he and unbounded energy. It is indeed a SALUTE TO ELUID L. MARTINEZ, worked tirelessly to mitigate the ef- magnificent example of what can hap- COMMISSIONER OF THE BUREAU fects of the supply disruption and safe- pen when well-tempered foresight con- OF RECLAMATION guard America’s military readiness. verges with present-day diligence. From there, Tim went on to work in Whether he was behind the desk in a ∑ Mr. DOMENICI. Mr. President, I wish classified space and satellite programs. major program office, on a contractor’s to salute my fellow New Mexican, He graduated from the Armed Forces plant floor, in a NATO council room, or Eluid L. Martinez, who has just fin- Staff College, and, with family in tow, ‘‘in the door’’ about to parachute into ished a remarkable five-year term as headed for Brunssum, The Netherlands, the open skies, Tim Malishenko served Commissioner of the U.S. Bureau of where he was chief of contracting and with valor, loyalty, and integrity. On Reclamation. As the first Commis- acquisition for the NATO Airborne the occasion of his retirement from the sioner to serve in two different cen- Early Warning and Control Programme Air Force, I offer my congratulations turies, Mr. Martinez assumed control Management Agency. In the NATO as- and thanks to this esteemed son of the over the nation’s second largest whole- signment, Tim demonstrated remark- Buckeye state, and wish him and his sale water supplier and hydroelectric able tact and diplomacy in reconciling wife, Jane, well in their future pur- producer in the country when he was the diverse views and priorities of 13 suits.∑ appointed by the President in 1995. A native of Cordova in Rio Arriba countries. f Returning stateside in 1982, Tim County, New Mexico, Commissioner again served in a variety of contracting IN RECOGNITION OF DEBRA L. Martinez was the first member of his and contract-administration positions, FERLAND family to receive a college degree. He including high-level management as- ∑ Mr. REED. Mr. President, I rise holds an undergraduate degree in civil signments at Wright-Patterson Air today to pay tribute to Ms. Debra engineering from New Mexico State Force Base, Ohio, and at Air Force Ferland, who is being installed as the University and is a licensed Profes- headquarters in Washington, DC. Of president of the Women’s Council of sional Engineer and Land Surveyor. During his tenure Commissioner particular note during this period was the National Association of Home Martinez has been recognized by many his extensive involvement in the re- Builders on February 11, 2001 in At- Reclamation stakeholders for his even- lanta, Georgia. I would like to thank search-and-development contracting handed approach in addressing western her for her twenty-three years of work, for the advanced tactical fighter, inte- water and power issues. He received the and honor her for her achievements grated avionics, and high-speed inte- Statesman of the Year award by the within the housing industry. grated circuitry—programs that set National Water Resources Association After graduating from the University the stage for the information tech- in November, 2000, for his diligence in of Massachusetts at Dartmouth, Debra nologies and advanced avionics we helping solve the chronic water short- began her long and admirable career by know today. ages in the western United States. He working for several prominent national Four years ago, General Malishenko has been responsible for implementing property management firms, including was named commander of the Defense the Bureau of Reclamation transition Contract Management Command, an Picerne Properties, First Realty Man- to a water resources agency with re- organization of more than 14,000 people agement, and Diversified Properties. sponsibilities for delivering project responsible for the management of She has been a Construction Manager benefits while balancing the con- 375,000 contracts cumulatively valued at HUD approved rehabs, consulted for flicting demands of Reclamation’s con- at $100 billion. As commander, he was rent supplement and Section 8 pro- stituencies. the standard bearer for a revolution in grams, and is currently Director of Commissioner Martinez’s profes- business affairs that led to the conver- Special Projects at the Ferland Cor- sionalism and expertise in his field has sion of more than 300 business sectors poration. gained him the respect of all members to ISO 9000, to dramatic advances in Debra has taken an active role in the of Congress who have worked with him. paperless contracting, and to the de- industry on both a state and national Commissioner Martinez has been a sign and introduction of the DoD level by assuming numerous leadership leader in privatizing Reclamation standard procurement system. roles, including local Council Presi- projects wherever possible, returning The capstone of Tim’s military ca- dent, Membership Chair, and National projects to the users who paid for reer came on March 27, 2000, when he Convention Chairman. She has been ap- them. He has been an important factor became the first director of the De- pointed as a member of both the Labor in implementing legislatively man- fense Contract Management Agency Shortage Task Force and the National dated environmental requirements, and (DCMA), the position he holds at the Association of Home Builders Capital trying to stretch a finite supply of time of his retirement. In successfully Club, and is the Women’s Council Life water to an ever thirsty West. Commis- spearheading the establishment of Director. sioner Martinez has endeavored to cre- DCMA, Major General Malishenko In addition to her tremendous career ate a more diverse workforce to ensure brought to fruition a recommendation achievements, Debra has devoted her- a future supply of capable individuals put forth in 1963 by Secretary of De- self to family, including her husband A. for the Federal government. In fact, fense Robert McNamara’s Project 60, Austin Ferland, her daughter Nicole, preparing for the future is one of Com- which called for the eventual creation and her extended family of Fred, Debo- missioner Martinez’s hallmarks of of a separate Defense agency respon- rah, and four year old grandson, Ben. achievement. sible for contract management. She is a chef and an avid golfer, and Before entering Federal service, Under the general’s direction, DCMA has displayed her commitment to her Eluid Martinez retired as the State En- has emerged as a Combat Support local community through Habitat for gineer for New Mexico. He has served Agency—one that has markedly trans- Humanity, the Lincoln School for as Secretary of the New Mexico Inter- formed contractor battlefield support, Girls, and the Tomorrow Fund. state Stream Commission, as the New as fully evidenced by DCMA’s role in The citizens of Rhode Island are in- Mexico Commissioner to six Interstate facilitating optimal support to our deed fortunate for Debra’s many con- Compact Commissions, and as a mem- troops in Bosnia and Kosovo. He also tributions and for her ongoing commit- ber of the New Mexico Water Quality

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00080 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1293 Commission. He has held executive po- sity, Magna Cum Laude, in 1952 and the Tom in one word, for he exemplified so sitions in 12 regional and national Wharton School of Business MBA pro- many qualities for so many people. You water associations, but, as the parent gram in 1955. will be greatly missed, Tom, but your of three children, took the time to run Bound by a sense of duty and service legacy will live on in our hearts, our for and serve as President of the City to country, Tom courageously served minds and your work that we will of Santa Fe School Board. as a captain in the U.S. Air Force dur- strive to continue.∑ Filling many positions over a 27 year ing the Korean War, and later contin- f career in the State Engineer’s office, ued his service in the Reserves. Eluid Martinez developed many skills Tom was a skilled banker and a busi- A TRIBUTE TO BERNARD R. DICK that served him well as Commissioner nessman, yet he was always more fo- ∑ Mr. JEFFORDS. Mr. President, I of the Bureau of Reclamation. His serv- cused on people than on profit. In his stand before you today to pay tribute ice in New Mexico started with the eloquent eulogy, Stephen K. Ryan to Bernard R. Dick, a distinguished cit- State Highway Department in 1968 and called his father, Tom a ‘‘leader,’’ and izen of my hometown, Rutland, subsequently in the State Engineer’s I can’t think of a more dedicated com- Vermont, and a man who I have deeply Office included positions as Chief of the munity leader than Tom. He served on respected and admired my entire life. I Hydrographic Survey Section, Acting numerous boards, including: the thought highly of Bernie’s talent as a Chief of the Administrative Services Vermont Achievement Center; lawyer, respected immensely his serv- Division, Acting Chief of the Water Use Vermont Children’s Aid Society; Small ice to his country, and admired his de- and Planning Section, Chief of the Business Investment Corp.; Economic votion to family and community. Technical Division, principal Hearing Development Council for Southwestern I ask that The Rutland Daily Herald Examiner for the State Engineer, and Vermont; Vermont Development Credit editorial from January 8, 2001, be in- ultimately State Engineer from 1990 to Corp.; Vermont Bankers Association; cluded in the record as part of this 1994. Rotary Club; Rutland Downtown De- tribute: I am proud to count as a friend such velopment Corp.; Rutland County Solid The death of Bernard R. Dick this past a hardworking fellow native of New Waste; United Way; Paramount The- weekend marks the end of another distin- Mexico, who has made the most of his atre; Rutland West Neighborhood guished and longtime Rutland legal career. opportunities. Eluid Martinez has per- Housing; and College of St. Joseph. I Only recently came the deaths of two other formed a valuable service to the Nation worked together with Tom in the effort local attorneys of note—Bartley J. Costello to restore the Paramount Theatre to and Thomas Ryan. and especially to the people of the West Bernie Dick, born in 1909 to a Rutland fam- in both his state and Federal positions. its original grandeur, and I’m so glad ily, was a whiz at baseball at Rutland High In addition to his extensive adminis- he was able to witness the fruits of his School, where he made his mark as varsity trative abilities Mr. Martinez hails labor and the recent revitalization of catcher. It was a role he remembered long from a rich heritage of nine genera- our historic downtown. after he reached adulthood, and for years he tions of woodcarvers, or santeros. He is Stephen mentioned that Tom was could be seen in the audience when the RHS the nephew of internationally famous ‘‘proudest of the twelve years he served baseball team played home games. Santero Woodcarver and sculptor on the board of Rutland Hospital; His education was quite varied. After grad- George Lopez of Cordova. bringing a better standard of care to uating from Rutland High he went to the University of Alabama. After college gradua- Eluid himself is also a quite talented the Rutland Region.’’ As Chairman of tion in 1931 he studied law at New York Uni- artist and I was very honored to have the Senate Health Committee, I know versity. He was admitted to the bar in received several of his beautiful draw- that health care is one of the most im- Vermont in 1937. ings. The fact that Eluid’s sculptures, portant issues facing our country As with many young men of his time, Ber- lithographs, and prints reside in the today, and I have enormous respect for nie Dick was swept up in the swirl of World permanent collections of the Smithso- those individuals working hard on the War II. Eventually, after Pearl Harbor, he nian Institution’s American Art Mu- local level to improve the lives of pa- enlisted in the Army as a private in Novem- seum, the Colorado Springs Fine Arts tients and their families. ber 1942. Because of his law degree he was Stephen stated that Tom ‘‘was in- stationed in Hawaii, where by 1946 he had Center, the Denver Art Museum and reached the rank of captain. other major collections adds to and volved in politics, but he was not polit- In Hawaii he became chief of the claims di- broadens his legacy to the United ical.’’ He ran for lieutenant governor in vision of the central Pacific area, and for his States and his home state of New Mex- 1982, state senate in 1990, and was ap- work received the ‘Army Commendation ico. pointed to the state transportation Ribbon.’ The citation said, in part: ‘He re- Eluid will be a tough act to follow board in 1991. In every political endeav- viewed and made recommendations for the and I hope that his successor will have or, Tom was passionate but respectful, payment, disallowance or collection of al- an understanding of western water tough but civil. most 1,000 claims. So expert were his deci- My wife, Liz, knew Tom’s lovely wife, sions that no claim reviewed by him and sub- issues and will continue working to sequently appealed has been reversed. He achieve a balance between New Mexi- Mary, through their mutual interest in demonstrated a high degree of professional co’s many competing interests. quilting. Liz used to tell me how Tom skill and efficiency.’ I know that as he leaves the demand- was an avid gardener, constantly im- After his honorable discharge in 1946, Dick ing job of Commissioner, Eluid and his proving the landscape surrounding returned to Rutland and resumed his prac- wife, Suzanne, are looking forward to their house and tending to his gardens. tice in the law firm of Bove, Billado and spending more time in our beautiful He loved his gardens so much, in fact, Dick. It was an active law firm in many home state of New Mexico.∑ that family and friends were known to fields, including politics. The senior partner, give him rocks for his birthday! Peter A. Bove, was an active supporter of f Gov. Ernest W. Gibson and U.S. Sen. George But Liz and I both know that his TRIBUTE TO THOMAS C. RYAN D. Aiken. Francis Billado ultimately went to greatest love was for Mary and their the Legislature and was elected Vermont ad- ∑ Mr. JEFFORDS. Mr. President, wonderful children, Stephen of Reston, jutant general, a post he held until his today I rise to pay tribute to a man of Virginia, Kate Ryan Whittum of Inter- death. true courage, a man of boundless com- vale, New Hampshire, and Maura C. In legal practice Dick was the one who passion, and a man of great character. Ryan of Portland, Maine. He had his kept to the daily grind, but the three part- Today, I rise to pay tribute to fellow priorities in line and was always there ners shared ownership with some Castleton Rutland, Vermont resident and friend for his loved ones. people to run a popular summer dance hall to many, Tom Ryan. The editorial in the Rutland Daily at Bomoseen and the Crystal Beach facility on Lake Bomoseen, among several enter- Tom was born October 14, 1930, the Herald on December 18th, stated, ‘‘If prises. son of Charles F. and Mary Ryan. He any single word were appropriate for In 1947 Dick was named judge of the Rut- graduated from Mt. St. Joseph Acad- Tom Ryan, it would be ‘kindness.’ ’’ land Municipal Court, in line with the policy emy in 1948, from Georgetown Univer- For me, it would be hard to describe of Governor Gibson, himself a veteran, to

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00081 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.002 S01FE1 erjones on PRODPC74 with SENATE 1294 CONGRESSIONAL RECORD—SENATE February 1, 2001 name veterans to public posts. The munic- lawyers in Albany, NY and By Mr. MCCAIN (for himself, Mrs. MUR- ipal court system preceded the present sys- Brattleboro, Brian, an award winning RAY, Mr. HOLLINGS, Mrs. HUTCHISON, tem of district courts, and there was polit- school teacher in Rutland, and Barry, a Mr. BINGAMAN, Mr. DOMENICI, Mr. ical guessing as to who would be named by Rear Admiral in the U.S. Navy, cur- BREAUX, Mr. BROWNBACK, and Mr. the governor. His Army experience served SMITH of Oregon): him well, and Dick served four years. rently with the Pentagon staff. S. 235. A bill to provide for enhanced safe- After the departure of Bove and Billado to He served his community on many ty, public awareness, and environmental pro- other jobs, Bernie Dick ran his own practice boards and organizations. He was a tection in pipeline transportation, and for for a while, and in 1949 formed a new legal past Grand Knight at the Knights of other purposes; read the first time. association with Donald A. Hackel and Rich- Columbus, President of Vermont State By Mr. HUTCHINSON: ard A. Hull. It was the latest step in a long Holy Name Society, Rutland Chamber S. 236. A bill to amend the Internal Rev- and varied Rutland legal career. enue Code of 1986 to expand the expense of Commerce, Rutland Country Club treatment for small businesses and to reduce Bernie, you will be sorely missed by and Rutland Regional Medical Center. the depreciation recovery period for res- all those who knew you, and by an en- He was elected to and served on the taurant buildings and franchise operations, tire community who benefitted from board of directors of Marble Savings and for other purposes; to the Committee on your knowledge, hard work and many Bank and the Rutland City School Finance. talents.∑ Board. By Mr. HUTCHINSON (for himself, Mr. COCHRAN, Mr. FRIST, Mr. INHOFE, Mr. f The Rutland Daily Herald had high LOTT, Mr. WARNER, and Mr. MUR- praise for Bart, stating that he, ‘‘. . . A TRIBUTE TO BARTLEY J. KOWSKI): left lasting marks for good on [his] na- COSTELLO S. 237. A bill to amend the Internal Rev- tive city.’’ He was a man who loved life enue Code of 1986 to repeal the 1993 income ∑ Mr. JEFFORDS. I rise today to pay and was loved by all who knew him. We tax increase on Social Security benefits; to tribute to a great Vermonter and a na- won’t forget you, Bart.∑ the Committee on Finance. By Mr. WYDEN (for himself and Mr. tive son from my hometown of Rut- f land, Bartley J. Costello. SMITH of Oregon): Bart will be remembered by all who MESSAGES FROM THE PRESIDENT S. 238. A bill to authorize the Secretary of the Interior to conduct feasibility studies on knew him for his commitment to Messages from the President of the water optimization in the Burnt River basin, church and family, dedication to com- United States were communicated to Malheur River basin, Owyhee River basin, munity and country, and generosity to the Senate by Ms. Evans, one of his and Powder River Basin, Oregon; to the Com- his fellow man. A lifelong resident of secretaries. mittee on Energy and Natural Resources. Rutland, he gave much of himself to EXECUTIVE MESSAGES REFERRED By Mr. HAGEL (for himself, Mr. DODD, our great city, through charities, com- As in executive session the Presiding Mr. ROBERTS, Mr. DORGAN, and Mr. munity organizations and Christ the LUGAR): Officer laid before the Senate messages S. 239. A bill to improve access to the King Church. from the President of the United Cuban market for American agricultural Bart was educated at Holy Innocents States submitting sundry nominations producers, and for other purposes; to the Primary School, Mount St. Joseph which were referred to the Committee Committee on Foreign Relations. Academy, the University of Vermont on Foreign Relations. By Mr. FRIST: and Albany Law School. His first job (The nominations received today are S. 240. A bill to authorize studies on water supply management and development; to the was as a teacher at the Muddy Brook printed at the end of the Senate pro- School in Williston. He returned to Committee on Environment and Public ceedings.) Works. Rutland to work at Howe Scale Co. and f By Mr. REID: served as the assistant Rutland City S. 241. A bill to direct the Federal Election Treasurer before joining the U.S. Army EXECUTIVE AND OTHER Commission to set uniform national stand- Air Corps and serving his country in COMMUNICATIONS ards for Federal election procedures, change World War II. He reached the rank of The following communications were the Federal election day, and for other pur- Captain before being discharged at the laid before the Senate, together with poses; to the Committee on Rules and Ad- ministration. end of the war and returning home to accompanying papers, reports, and doc- By Mr. BINGAMAN (for himself, Mr. Rutland. uments, which were referred as indi- DOMENICI, and Mr. CRAPO): A lawyer in Rutland for forty years cated: S. 242. A bill to authorize funding for Uni- with the firm of Webber and Costello, EC–552. A communication from the Sec- versity Nuclear Science and Engineering later Webber, Costello and Chapman, retary of Energy and the Secretary of Labor, Programs at the Department of Energy for Bart was a distinguished member of transmitting jointly, a draft of a proposed fiscal years 2002 through 2006; to the Com- the Bar, deeply respected and admired legislation entitled ‘‘Energy Employees Oc- mittee on Energy and Natural Resources. By Mr. JOHNSON (for himself, Mr. by my father, Chief Justice of the cupational Illness Compensation Amend- BINGAMAN, Mr. DASCHLE , Mr. INOUYE, Vermont Supreme Court. ment of 2001’’ received on January 11, 2001; to the Committee on Health, Education, Labor, Mr. COCHRAN, Mr. BAUCUS, Mr. REID, Bart was an excellent trial lawyer and Pensions. Mr. AKAKA, and Mr. CAMPBELL): and a match for the best. And he had a S. 243. A bill to provide for the issuance of wonderful sense of humor. Bart loved f bonds to provide funding for the construc- to tell the story of a jury selection INTRODUCTION OF BILLS AND tion of schools of the Bureau of Indian Af- when an aunt of his on the panel re- JOINT RESOLUTIONS fairs of the Department of the Interior, and for other purposes; to the Committee on In- mained silent when the opposing attor- The following bills and joint resolu- dian Affairs. ney asked if any of the jurors knew Mr. tions were introduced, read the first By Mrs. FEINSTEIN (for herself, Mr. Costello. Later, after excusing his aunt and second times by unanimous con- HELMS, Mr. BROWNBACK, Mr. LEAHY, for obvious reasons, Bart asked her sent, and referred as indicated: Mr. REID, Mr. NELSON of Nebraska, Mrs. CLINTON, Mr. DODD, Mr. BAUCUS, why she had kept quiet. ‘‘Well,’’ she By Mr. GRASSLEY (for himself, Mr. Mrs. BOXER, Mr. BYRD, and Mr. CAR- said, ‘‘I felt you would need all the help BREAUX, Mr. SMITH of Oregon, Mr. you could get.’’ PER): CLELAND, Mr. MURKOWSKI, Ms. S. 244. A bill to provide for United States I also knew him as an avid golfer and LANDRIEU, Mr. CRAPO, Mr. BAYH, Mr. policy toward Libya; to the Committee on consummate sportsman. He and his JEFFORDS, Mr. KYL, Mr. ROBERTS, Mr. Foreign Relations. lovely wife, Catherine, who survives HELMS, Mr. BUNNING, Mr. SANTORUM, f him, were the perfect golfing couple, Mr. CRAIG, Mr. STEVENS, Mr. FITZ- courteous and competitive, fun-loving GERALD, Mr. BURNS, Mr. GREGG, and SUBMISSION OF CONCURRENT AND Mr. HATCH): SENATE RESOLUTIONS and intense. S. 234. A bill to amend the Internal Rev- Bart, as well as Catherine, were enue Code of 1986 to repeal the excise tax on The following concurrent resolutions blessed with four outstanding sons, telephone and other communications serv- and Senate resolutions were read, and Bartley III and Thomas, who are trial ices; to the Committee on Finance. referred (or acted upon), as indicated:

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00082 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1295 By Mr. KERRY (for himself, Mr. When the tax was originally imposed, carve-outs to the phone tax. For in- LUGAR, Mr. LEVIN, Mr. REID, Mr. Teddy Roosevelt was leading the stance, private communications serv- GRAHAM, and Mr. WELLSTONE): Rough Riders up San Juan Hill. At that ices are exempt from the tax. That al- S. Con. Res. 7. A concurrent resolution ex- time, it was billed as a luxury tax, as lows large, sophisticated companies to pressing the sense of Congress that the United States should establish an inter- only a small portion of the American establish communications networks national education policy to enhance na- public even had telephones. The tax and avoid paying any federal phone tional security and significantly further was repealed in the early 20th century, tax. It goes without saying that Amer- United States foreign policy and global com- but then was reinstated at the begin- ican families do not have that same op- petitiveness; to the Committee on Foreign ning of World War I. It was repealed tion. Relations. and reinstated a few more times until Speaking of complexity, let me ask if f 1941, when it was made permanent to anyone has taken a look at their most recent phone bill. It is a labyrinth of STATEMENTS ON INTRODUCED raise money for World War II. In the taxes and fees piled one on top of an- BILLS AND JOINT RESOLUTIONS mid-60s, Congress scheduled the elimi- nation of the phone tax, which had other. We may not be able to figure out By Mr. GRASSLEY (for himself, reached levels of 10 and 25 percent. But what all the fees are for; but we do Mr. BREAUX, Mr. SMITH of Or- once again, the demands of war inter- know that they add a big chunk to our egon, Mr. CLELAND, Mr. MUR- vened, as the elimination of the tax phone bill. According to a recent study, KOWSKI, Ms. LANDRIEU, Mr. was delayed to help pay for Vietnam. the mean tax rate across the country CRAPO, Mr. BAYH, Mr. JEF- In 1973, the phone tax began to phase- on telecommunications is slightly over FORDS, Mr. KYL, Mr. ROBERTS, out, but one year before it was about to 18 percent. That is about a 6 percent Mr. HELMS, Mr. BUNNING, Mr. be eliminated, it rose up yet again— rise in the last 10 years. I can’t control SANTORUM, Mr. CRAIG, Mr. STE- this time justified by the rationale of the state and local taxes that have VENS, Mr. FITZGERALD, Mr. deficit reduction—and has remained been imposed, but I can do my part BURNS, Mr. GREGG, and Mr. with us ever since. with respect to the federal taxes. I seek HATCH): This tax is a perfect example of why to remove this burden from the citizens S. 234. A bill to amend the Internal we must stop needlessly collecting the of my state—and all Americans across Revenue Code of 1986 to repeal the ex- taxpayer’s money—it does not pass any the country. cise tax on telephone and other com- of the traditional criteria used for As members of Congress, we need to munications services; to the Com- evaluating tax policy. First, this phone make sure that our tax policies do not mittee on Finance. tax is outmoded. Once upon a time, it stifle that economic expansion. We Mr. GRASSLEY. Mr. President, I rise could have been argued that telephone should not adhere to policies that are a today, along with Senator BREAUX and service was a luxury item and that relic from a different time. In today’s others, to introduce a bill to repeal the only the rich would be affected. As we economy, the arguments for repeal are telephone excise tax—the Help Elimi- all know, there is nothing further from even stronger. nate the Levy on Locution Act known the truth today. Mr. President, it is time to end the as the HELLO Act. The telephone ex- Second, the federal phone tax is un- federal phone tax. For too long while cise tax is a tax that is outdated, un- fair. Because this tax is a flat 3 per- America has been listening to a dial fair, and complex for both consumers cent, it applies disproportionately to tone, Washington has been hearing a to understand and for the phone com- low and middle income people. For ex- dollar tone. This tax is outmoded. Why panies to administer. It cannot be jus- ample, studies show that an American are we taxing a poor family’s phone tified on any tax policy grounds. family making less than $50,000 per with a tax that was originally meant Mr. President, the federal govern- year spends at least 2 percent of its in- for luxury items. Mr. President, it is ment has had the American consumer come on telephone service. A family time we hung up the phone tax once on ‘‘hold’’ for too long when it comes earning less than $10,000 per year and for all. I urge my colleagues to join to this tax. The telephone excise tax spendings over 9 percent of its income me in supporting its repeal, and help has been around for over 102 years. In on telephone service. Imposing a tax on all Americans to say ‘‘Hello.’’ fact, it was first imposed in 1898—just those families for a service that is a ne- Mr. President, I ask unanimous con- 22 years after the telephone itself was cessity in a modern society is simply sent that the text of the bill be printed invented. So quickly was it imposed not fair. in the RECORD. that it almost seems that Uncle Sam Third, the federal phone tax is com- There being no objection, the bill was was there to collect it before Alexander plex. Once upon a time, phone service ordered to be printed in the RECORD, as Graham Bell could put down the re- was simple—there was one company follows: ceiver from the first call. In fact, the who provided it. It was an easy tax to S. 234 tax is so old that Bell himself would administer. Now, however, phone serv- Be it enacted by the Senate and House of Rep- have paid it! ice is intertwined with data services resentatives of the United States of America in This tax on talking—as it is known— and Internet access, and it brings Congress assembled, currently stands at 3 percent. Today, about a whole new set of complexities. SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Help Elimi- about 94 percent of all American fami- For instance, a common way to provide nate the Levy on Locution (HELLO) Act.’’. lies have telephone service. This means high speed Internet access is through a SEC. 2. REPEAL OF EXCISE TAX ON TELEPHONE that virtually every family in the digital subscriber line. This line allows AND OTHER COMMUNICATIONS United States must tack an additional a user to have simultaneous access to SERVICES. 3 percent on to their monthly phone the Internet and to telephone commu- (a) IN GENERAL.—Chapter 33 of the Internal bill. The federal tax applies to local nications. How should it be taxed? Revenue Code of 1986 (relating to facilities phone service; it applies to long dis- and services) is amended by striking sub- Should the tax be apportioned? Should chapter B. tance service; and it even applies in the whole line be tax free? And what (b) CONFORMING AMENDMENTS.— some cases to the extra amounts paid will we do when cable, wireless, and (1) Section 4293 of such Code is amended by for state and local taxes. It is esti- satellite companies provide voice and striking ‘‘chapter 32 (other than the taxes mated that this tax costs the American data communications over the same imposed by sections 4064 and 4121) and sub- public more than $5 billion per year. system? The burdensome complexity of chapter B of chapter 33,’’ and inserting ‘‘and The telephone excise tax is a classic today will only become more difficult chapter 32 (other than the taxes imposed by story of a tax that has been severed sections 4064 and 4121),’’. tomorrow. (2)(A) Paragraph (1) of section 6302(e) of from its original justifications, but As these questions are answered, we such Code is amended by striking ‘‘section lives on solely to collect money. run the risk of distorting the market 4251 or’’. In truth, the Federal phone tax has by favoring certain technologies. There (B) Paragraph (2) of section 6302(e) of such had more legislative lives than a cat. are already numerous exceptions and Code is amended by striking ‘‘imposed by—’’

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00083 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE 1296 CONGRESSIONAL RECORD—SENATE February 1, 2001 and all that follows through ‘‘with respect the most logical solution to resource only benefits American businesses and to’’ and inserting ‘‘imposed by section 4261 or management issues. workers, but also reinforces America’s 4271 with respect to’’. Last Congress, the Senate passed the image as a country of both innovation (C) The subsection heading for section same bill I am introducing today. How- and compassion. 6302(e) of such Code is amended by striking ‘‘COMMUNICATIONS SERVICES AND’’. ever, the other body did not act on the The provision enacted in the fiscal (3) Section 6415 of such Code is amended by legislation before the last Congress ad- year 2001 agriculture appropriations striking ‘‘4251, 4261, or 4271’’ each place it ap- journed. bill was changed, however, in the con- pears and inserting ‘‘4261 or 4271’’. I look forward to prompt action to ference committee with the House of (4) Paragraph (2) of section 7871(a) of such enact this bill in the current Congress. Representatives. The final legislation Code is amended by inserting ‘‘or’’ at the end I welcome my colleague, Mr. SMITH, as blocked—only for sales to Cuba—access of subparagraph (B), by striking subpara- an original cosponsor of this bill. to normal export financing in the U.S. graph (C), and by redesignating subpara- I ask unanimous consent that a copy private sector. Thus, while claiming to graph (D) as subparagraph (C). (5) The table of subchapters for chapter 33 of the bill be printed in the RECORD. open up the Cuban market for the ex- of such Code is amended by striking the item There being no objection, the bill was port of American agricultural and med- relating to subchapter B. ordered to be printed in the RECORD, as ical products, it placed restrictions (c) EFFECTIVE DATE.—The amendments follows: making American exports uncompeti- made by this section shall apply to amounts S. 238 tive. Finally, the provision codified paid pursuant to bills first rendered on or Be it enacted by the Senate and House of Rep- new restrictions on the ability of after 30 days after the date of the enactment resentatives of the United States of America in Americans to travel to Cuba. of this Act. Congress assembled, The Cuba Food and Medicine Access By Mr. WYDEN (for himself and SECTION 1. SHORT TITLE. Act of 2001 would correct those mis- Mr. SMITH of Oregon): This Act may be cited as the ‘‘Burnt, takes by repealing the new travel re- S. 238. A bill to authorize the Sec- Malheur, Owyhee, and Powder River Basin strictions and permitting normal cred- retary of the Interior to conduct feasi- Water Optimization Feasibility Study Act of it and financing support for food and 2001’’. bility studies on water optimization in medicine exports to Cuba. the Burnt River basin. Malheur River SEC. 2. STUDY. As we rewrite the farm bill we should The Secretary of the Interior may conduct begin by delivering on a promise we basin, Owyhee River basin, and Powder feasibility studies on water optimization in River Basin, Oregon; to the Committee the Burnt River basin, Malheur River basin, made last year to end unilateral sanc- on Energy and Natural Resources. Owyhee River basin, and Powder River basin, tions on our own farmers, ranchers, Mr. WYDEN. Mr. President, I am in- Oregon. and agricultural producers. troducing today legislation that will SEC. 3. AUTHORIZATION OF APPROPRIATIONS. But this issue goes beyond increased allow the Bureau of Reclamation to There are authorized to be appropriated commercial opportunity. The export of conduct a feasibility study on ways to such sums as are necessary to carry out this American food and medicine is also a improve water management in the Act. humanitarian undertaking. Blocking Malheur, Owyhee, Powder and Burnt exports in these commodities harm the River basins in northeastern Oregon. By Mr. HAGEL (for himself, Mr. health and nutrition of the people of An earlier study by the Bureau identi- DODD, Mr. ROBERTS, Mr. DOR- the sanctioned nation. It does nothing fied a number of problems on these four GAN, and Mr. LUGAR): to harm governments and government Snake River tributaries, including high S. 239. A bill to improve access to the leaders with which we disagree. Until water temperatures and degraded habi- Cuban market for American agricul- last year, food sales to Cuba were pro- tat. tural producers, and for other purposes; hibited except to independent import- These types of problems are not to the Committee on Foreign Rela- ers, which did not exist. And while unique to these rivers; in fact, many tions. medical sales to Cuba were theoreti- rivers in the Pacific Northwest are in a Mr. HAGEL. Mr. President, today I cally possible, licensing procedures similar condition. However, Oregon has am introducing legislation to correct were so difficult and complicated that a unique approach to solving these problems with a provision enacted last they had the effect of severely restrict- problems through the work of Water- fall in the fiscal year 2001 agriculture ing such exports. Last year’s bill went shed Councils. In these Councils, local appropriations bill. I am pleased to be part of the way to clear away these im- farmers, ranchers and other stake- joined as original cosponsors by my pediments. We should now finish the holders sit down together with the re- distinguished colleagues, Senators job. source agencies to develop action plans DODD, LUGAR, ROBERTS, and DORGAN. I ask unanimous consent that the to solve local problems. The provision contained in the fiscal text of the legislation be printed in the The Council members have the local year 2001 agriculture appropriations RECORD. knowledge of the land and waters, but bill was a revised version of legislation There being no objection, the bill was they don’t have technical expertise. originally introduced last Congress by ordered to be printed in the RECORD, as The Bureau of Reclamation has the ex- former Senator Ashcroft and me, to- follows: gether with Senators DODD, LUGAR, pertise to collect the kinds of water S. 239 flow and water quality data that are ROBERTS, and many others. The pur- pose of our bill was to lift all unilateral Be it enacted by the Senate and House of Rep- needed to understand how the water- resentatives of the United States of America in shed works and how effective different economic sanctions on the export of Congress assembled, American food and medicine. Passage solutions might be. SECTION 1. SHORT TITLE. One class of possible solutions in- of this provision acknowledges what This Act may be cited as the ‘‘Cuba Food cludes small-scale construction most Nebraska grain and livestock pro- and Medicine Access Act of 2001’’. projects, such as upgrading of irriga- ducers have always known—when the TITLE I tion systems and creation of wetlands United States places unilateral sanc- SEC. 10. LIMITATION ON PROHIBITIONS AND RE- to act as pollutant filters. This legisla- tions on other nations, American pro- STRICTIONS ON TRADE WITH CUBA tion would allow the Bureau of Rec- ducers are hurt, not the sanctioned na- TO ALLOW FOR THE EXPORT OF lamation to partner with the Water- tion. FOOD AND MEDICINES TO CUBA. shed Councils in determining how such As the world leader in the develop- Notwithstanding the Trade Sanctions Re- small-scale construction projects ment of pharmaceuticals and medical form and Export Enhancement Act of 2000 devices, America plays a critical role (Title IX of H.R. 5426 of the One Hundred might benefit both the environment Sixth Congress, as enacted into law by Sec- and the local economy. in helping prolong and improve the tion 1(a) of Public Law 106–387, and as con- This bill authorizes a study; it does quality of people’s lives. Ensuring that tained in the appendix of that Act) (except not authorize actual construction. It these products and therapies are avail- section 904 of such Act) or any other provi- simply enables the Bureau to help find able to people all over the world not sion of law (except section 11 of this Act),

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00084 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1297 the prohibition or restriction on trade or fi- (A) has the meaning given the term in sec- tourist travel ban stifles the most pow- nancial transactions with Cuba shall not tion 102 of the Agricultural Trade Act of 1978 erful influence on Cuban society: apply with respect to the export of any agri- (7 U.S.C. 5602); and American culture and perspective, both cultural commodities, medicines, or medical (B) includes fertilizer and organic fer- economic and political. devices, or with respect to travel incident to tilizer, except to the extent provided pursu- Consistent with the Dorgan-Roberts the sale or delivery of agricultural commod- ant and organic fertilizer, except to the ex- ities, medicines, or medical devices, to Cuba. tent provided pursuant to Section 904 of the bill introduced last week, the codifica- SEC. 11. LIMITATION ON EXCEPTION TO ALLOW Trade Sanctions Reform and Export En- tion of tourist travel restrictions is re- FOR THE EXPORT OF FOOD AND hancement Act of 2000 (Title IX of H.R. 5426 pealed under the Cuba Food & Medicine MEDICINE TO CUBA. of the One Hundred Sixth Congress, as en- Access Act of 2001 as are restrictions Section 10 of this Act shall not apply— acted into law by Section 1(a) of Public Law on the sale of medicine and medical (1) with respect to restrictions imposed 106–387, and as contained in the appendix of products. Further, the trade of both under section 5 of the Export Administration that Act). food and medicine is enhanced by nul- Act of 1979 for goods containing parts or (2) MEDICAL DEVICE.—The term ‘‘medical lifying a provision of the Cuban De- components on which export controls are in device’’ has the meaning given the term ‘‘de- effect under that section; and vice’’ in section 201 of the Federal Food, mocracy Act of 1992, which prohibits (2) with respect to section 203 of the Inter- Drug, and Cosmetic Act (21 U.S.C. 321). ships entering ports in Cuba from vis- national Emergency Economic Powers Act, (3) MEDICINE.—The term ‘‘medicine’’ has iting U.S. ports for at least 180 days to the extent the authorities under that sec- the meaning given the term ‘‘drug’’ in sec- without a special license. tion are exercised to deal with a threat to tion 201 the Federal Food, Drug, and Cos- Today, however, I want to place more the national security of the United States by metic Act (21 U.S.C. 7321). emphasis on the agricultural trade virtue of the technology incorporated in TITLE II issue. The U.S. cannot afford to rule such goods. SEC. 20. REPEAL OF CODIFICATION OF TRAVEL out any market for our agricultural SEC. 12. LIFTING CERTAIN PROHIBITIONS ON RESTRICTIONS BY AMERICAN CITI- VESSELS ENTERING U.S. PORTS. commodities. Now more than ever, as ZENS TO CUBA. Sanctions pursuant to Section 1706(b) of new markets develop and our competi- Section 910 of the Trade Sections Reform tors seize those opportunities, it makes Title XVII of PL 102–484 (Cuban Democracy and Export Enhancement Act of 2000 (Title Act of 1992) shall not apply with respect to IX of H.R. 5426 of the One Hundred Sixth no sense to preclude the use of export vessels which have transported food or medi- Congress, as enacted into law by Section 1(a) promotion programs nor outlaw pri- cine to Cuba. of Public Law 106–387, and as contained in vate U.S. financing. It is nonsense to SEC. 13. STUDY AND REPORT RELATING TO EX- the appendix of that Act) is hereby repealed. isolate our farmers in this fashion. PORT PROMOTION AND CREDIT Section 908 of the fiscal year 2001 ag- PROGRAMS FOR CUBA. Mr. ROBERTS. Mr. President, I rise Title IV of the Agricultural Trade act of today once again to introduce legisla- riculture appropriations bill reads ‘‘no 1978 (7 U.S.C. 5661 et seq.) is amended by add- tion to enhance trade provisions from United States Government assistance, ing at the end the following: Title Nine of the fiscal year 2001 agri- including United States foreign assist- ‘‘SEC. 418. STUDY AND REPORT RELATING TO EX- culture appropriations bill. ance, United States export assistance, PORT PROMOTION AND CREDIT and any United States credit or guar- PROGRAMS FOR CUBA. The legislation that I join with my colleagues to introduce today, the antees shall be available for exports to ‘‘(a) STUDY.—The Secretary shall carry out Cuba.’’ Section 908 goes on to state, in- a study of existing United States agricul- Cuba Food & Medicine Access Act of credibly, that ‘‘no United States person tural export promotion and credit programs 2001, exempts, among other things, the to determine how such programs can be car- sale of agricultural commodities from may provide payment or financing ried out to promote the consumption of the financing and licensing restrictions terms for sales of agricultural com- United States agricultural commodities in of Title Nine of last year’s agriculture modities or products to Cuba or any Cuba. appropriations bill, also known as the person in Cuba.’’ ‘‘(b) REPORT.—Not later than 90 days after It’s quite clear, Mr. President, the in- Trade Sanctions Reform & Export En- the date of the enactment of this section, the tent of this provision is to keep the hancement Act. Secretary shall prepare and submit to the Cuban market cut off from America’s Last week, Senator DORGAN and I in- Committee on Agriculture of the House of farmers. This is unacceptable. Representatives and the Committee on Agri- troduced similar corrective legislation. If it’s not to keep the Cuban market culture, Nutrition, and Forestry of the Sen- Title Nine of the fiscal year 2001 agri- ate a report containing— cut off, then what is the policy? What culture appropriations bill made sig- are our farmers supposed to do when ‘‘(1) the results of the study carried out nificant progress toward ending the under subsection (a); and faced with this kind of contradictory ‘‘(2) proposed legislation, if any, to im- misguided policy of using unilateral and politicized language: You are per- prove the ability of the Secretary to utilize food sanctions to isolate or punish so- mitted to sell to Cuba but don’t bother United States agricultural export promotion called ‘‘countries of concern’’. Title trying? We are either going to encour- and credit programs with respect to the con- Nine holds that ‘‘The President shall sumption of United States agricultural com- age and facilitate global agricultural terminate any unilateral agricultural trade or we are going to discourage and modities in Cuba.’’. sanction or unilateral medical sanction SEC. 14. REPORT TO CONGRESS. complicate global agricultural trade. that is in effect as of the date of enact- You can’t have it both ways. Not later than 6 months after the date of ment of this Act.’’ That is indeed the enactment of this Act, the President Why is this significant in regards to shall transmit to the Congress a report that progress, Mr. President. Cuba? Let us sample some recent sta- sets forth— As I noted last week with my friend tistics provided by the U.S.-Cuba Trade (1) the extent (expressed in volume and dol- from North Dakota, however, Title & Economic Council, based in New lar amounts) of sales to Cuba of agricultural Nine prohibits basic facilitators to York City: Wheat exports from Canada commodities, medicines, and medical de- trade—financing and export promotion. vices, since the date of the enactment of this to Cuba in 1999 and 2000—730,000 tons; The Trade Sanctions Reform & Export corn exports from China to Cuba in Act; Enhancement Act effectively thwarts (2) a description of the types and end users 2000—26,101 tons; and rice exports from of the goods so exported; and U.S. agricultural trade with Cuba. China to Cuba in 2000—225,510 tons. (3) whether there has been any indication It is that reality that prompts me to No, Cuba is not the largest market, that any medicines, or medical devices ex- introduce and support as many legisla- Mr. President, but the point is, our ported to Cuba since the date of the enact- tive vehicles as I can toward repealing farmers should be able to compete for ment of this Act— the prohibitions in last year’s bill and that business. It’s our obligation to at (A) have been used for purposes of torture opening the Cuban market to American least permit such an opportunity. or other human rights abuses; agricultural commodities. (B) were reexported; or (C) were used in the production of any bio- There has been much talk about the By Mr. FRIST: technological product. importance of American tourist travel S. 240. a bill to authorize studies on SEC. 15. DEFINITIONS. to Cuba—this is true and I have stated water supply management and develop- (1) AGRICULTURAL COMMODITY.—The term it repeatedly. The Trade Sanctions Re- ment; to the Committee on Environ- ‘‘agricultural commodity’’— form & Export Enhancement Act’s ment and Public Works.

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00085 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE 1298 CONGRESSIONAL RECORD—SENATE February 1, 2001 Mr. FRIST. Mr. President, today, I (1) SECRETARY.—The term ‘‘Secretary’’ (f) FUNDING.—The Federal share of each introduce the Water Resource Study means the Secretary of the Army, acting study under this section shall be 100 percent. Act of 2001. The purpose of this bill is through the Chief of Engineers. (g) REPORT.—Not later than 180 days after the completion of a study under this section, to ensure an adequate supply of fresh (2) STATE.—The term ‘‘State’’ means the State of Tennessee. the State shall submit a report describing water for Tennessee’s future. SEC. 4. STUDIES ON EMERGING WATER SUPPLY the findings of the study to— Currently, Tennessee is one of the NEEDS. (1) the Committee on Resources of the fastest growing states in the country. (a) DESIGNATION.—The Secretary shall offer House of Representatives; and We rank 9th out of the 50 states in pro- to provide assistance to the State to conduct (2) the Committee on Environment and jected population growth over the next studies under this section. Public Works of the Senate. 25 years. Though we welcome this (b) STUDIES.—As a condition of receiving (h) AUTHORIZATION OF APPROPRIATIONS.— growth, it is beginning to place a assistance under this section, not later than There is authorized to be appropriated to carry out this section $1,000,000 for fiscal strain on our water supply. For exam- 1 year after the date of enactment of this Act, in consultation with the Secretary, the year 2002. ple, public water use increased from 380 State shall— million gallons in 1960 to 777 million (1) select a geographic area within the By Mr. REID: gallons in 1995. As industry and popu- State having consistent, emerging, water S. 241. A bill to direct the Federal lation increase, it will not be long be- supply needs; and Election Commission to set uniform fore growth outpaces available water (2) conduct a study on the emerging water national standards for Federal election supply. We must act now to avoid seri- supply needs of the geographic area. procedures, change the Federal elec- ous problems. (c) ADMINISTRATION.—A study conducted tion day, and for other purposes; to the Specifically, this legislation would under this section shall— Committee on Rules and Administra- (1) identify Federal and State resources, allow Tennessee to work with the Sec- assistance programs, regulations, and tion. retary of the Army, acting through the sources of funding for water supply develop- Mr. REID. Mr. President, I rise today Chief of Engineers, to select a geo- ment and management that are applicable to to introduce the National Election graphical area within the state having the geographic areas selected under sub- Standards Act of 2001. ‘‘consistent, emerging water supply section (b)(1); The entire nation was disgusted by needs’’ and to take a serious look at (2) identify potential weaknesses, the presidential election of 2000. That the water supply in that particular redundancies, and contradictions in those re- election revealed the flaws in our elec- area. After gathering relevant data, sources, assistance programs, regulations, tion process to the entire world. Amer- policies, and sources of funding; ica is the greatest country—and the the study would consider available fed- (3) conduct a water resource inventory in eral resources, identify areas for im- the geographic study area to determine, with oldest democracy—in the world, and we provement and detect outdated pro- respect to the water supply needs of the can do better. grams. It would also begin determining area— The most fundamental premise of de- the appropriate role of the federal gov- (A) projected demand; mocracy is that every vote is counted. ernment in helping local communities (B) existing supplies and infrastructure; But the reality is that votes cast in to develop an adequate water supply. (C) water resources that cannot be devel- wealthier parts of the country fre- This legislation is not the full solu- oped for water supplies due to regulatory or quently count more than votes cast in technical barriers, including— tion, but it will assist in understanding poorer areas, because wealthier dis- (i) special aquatic sites (as defined in sec- tricts have better, more accurate, more the complexity of water supply devel- tion 330.2 of title 33, Code of Federal Regula- opment and the different alternatives tions (or a successor regulation)); and modern and less error-prone counting to meeting future water supply needs. (ii) bodies of water protected under any machines than poorer precincts and It is a good step in addressing this im- other Federal or State law; districts. Some counties in this nation portant issue for all Tennesseans. (D) water resources that can be developed are using voting machines and vote- I ask unanimous consent that the bill for water supplies, such as sites that have counting machines that are 50, 60, 70 few, if any, technical or regulatory barriers be printed in the RECORD. years old, and that have error rates of There being no objection, the bill was to development; 3 or more percent. In the wealthiest na- (E) any water resources for which further tion in the world, that is simply unac- ordered to be printed in the RECORD, as research or investigation, such as testing of follows: groundwater aquifers, is required to deter- ceptable. S. 240 mine the potential for water supply develop- Today, I am introducing a bill that will give the Federal Election Commis- Be it enacted by the Senate and House of Rep- ment for the site; resentatives of the United States of America in (F) a description of the social, political, in- sion the authority to issue uniform fed- Congress assembled, stitutional, and economic dynamics and eral regulations governing registra- characteristics of the geographic study area SECTION 1. SHORT TITLE. tion, access to polling places, voting that may affect the resolution of water sup- This Act may be cited as the ‘‘Water Re- machines, and vote-counting proce- ply needs; source Study Act of 2001’’. dures in federal elections across the (G) incentives for cooperation between SEC. 2. FINDINGS. water districts, local governments, and State country. Unlike some other proposals Congress finds that— governments, including methods that maxi- introduced this Congress, these regula- (1) water resources in the United States mize private sector participation in the tions will be binding on states and lo- are among the most plentiful in the world; water supply development; and calities. The Commission will also be (2) for many years, the effective develop- (H) new water resource development tech- authorized to set deadlines for states ment and use of water resources in the nologies that merit further analysis and and localities to comply, and to pro- United States has been the focus of a wide testing. vide the necessary federal funding to array of Federal policies and programs; (d) LEAD AGENCY.—For each study under (3) in recent years, unprecedented growth, enable them to comply. this section, the Corps of Engineers— My bill will also require states to multiple competing water uses, and growing (1) shall be the lead Federal agency; and public interest in environmental protection (2) shall consult with the State for guid- allow voters to register on the same have combined to create an atmosphere of ance in the development of the study. day that they vote, and will move fed- conflicting policy interests; (e) PARTICIPANTS.— eral election days from the current (4) large-scale water conflicts continue to (1) IN GENERAL.—The United States Geo- Tuesday, to the preceding Saturday emerge between communities, States, and logical Survey and the Tennessee Valley Au- and Sunday. By simplifying registra- stakeholder interests in the southeastern re- thority shall participate in the study. tion, by allowing voters to vote on gion of the United States; and (2) ENTITIES SELECTED BY THE STATE.—In (5) Federal support is needed to assess the weekends, and extending election day consultation with the Secretary, the State to two days instead of one, more voters utility and effectiveness of current Federal shall select additional entities to participate policies and programs as they relate to re- in the study. will be able to participate in federal solving State and local water supply needs. (3) UNIVERSITY OF TENNESSEE.—The Univer- elections more easily. I believe these SEC. 3. DEFINITIONS. sity of Tennessee may elect to participate in changes will go a long way toward im- In this Act: the study. proving our atrocious voter turnout

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00086 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1299 rates, and help restore some of the con- and monitor nuclear waste, both civil- current program which provides fellow- fidence in our election process that ian and military. ships to graduate students and extends many Americans lost during the last We rely on nuclear physicists and sci- that to undergraduate students. election. entists in the field of nuclear medicine Second, we need to attract new and I urge my colleagues to join me in to develop radio isotopes for the thou- young faculty. I’ve proposed a Junior this effort. sands of medical procedures performed Faculty Research Initiation Grant Pro- everyday across our nation—to help gram which is similar to the NSF pro- By Mr. BINGAMAN (for himself, save lives. grams targeted only towards sup- Mr. DOMENICI, and Mr. CRAPO): We must continue to operate and porting new faculty during the first 5 S. 242. A bill to authorize funding for safely maintain our existing supply of years of their career at a university. University Nuclear Science and Engi- fission reactors and respond to any fu- These first five years are critical years neering Programs at the Department of ture nuclear crisis worldwide—it takes that either make or break new faculty. Energy for fiscal years 2002 through nuclear scientists, engineers and Third, I’ve proposed enhancing the 2006; to the Committee on Energy and health physicists to do that. Office’s Nuclear Engineering Education Natural Resources. Our national security and treaty and Research Program. This program Mr. BINGAMAN. Mr. President, I rise commitments rely on nuclear sci- is critical to university faculty and today to introduce a bill authorizing entists to help stem the proliferation graduate students by supporting only the Secretary of Energy to provide for of nuclear weapons whether in our na- the most fundamental research in nu- the Office of Nuclear Energy, Science tional laboratories or as part of world- clear science and engineering. These and Technology to reverse a serious de- fundamental programs ultimately will cline in our nation’s educational capa- wide inspection teams in such places as Iraq. Nuclear scientists are needed to strengthen our industrial base and over bility to produce future nuclear sci- all economic competitiveness. entists and engineers. This bi-partisan convert existing reactors worldwide from highly enriched to low enriched Fourth, I’ve strengthened the Office’s bill which is referred to as the ‘‘Depart- applied nuclear science program by en- ment of Energy University Nuclear fuels. Nuclear engineers and health physi- suring that universities play an impor- Science and Engineering Act’’ is co- tant role in collaboration with the na- sponsored by my colleagues Mr. cists are needed to design, operate and monitor future Naval Reactors. The tional labs and industry. This collabo- DOMENICI and Mr. CRAPO. Let me out- Navy by itself cannot train students ration is the most basic form of tech line how serious this decline is, after transfer, it is face-to-face contact and doing so I will outline its impact on for their four year degrees—they only provide advance postgraduate training networking between faculty, students our nation and then discuss how this and the applied world of research and bill attempts to remedy this situation. on their reactor’s operation. Basically, we are looking at the po- industry. This program will ensure a As of this year, the supply of four- transition between the student and year trained nuclear scientists and en- tential loss of a 50 year investment in a field which our nation started and their future employer. gineers is at a 35-year low. The number Finally, I’ve strengthened what I leads the world in. What is worse, this of four-year programs across our na- consider the most crucial element of loss is a downward self-feeding spiral. tion to train future nuclear scientists this program—ensuring that future Poor departments cannot attract has declined to approximately 25—a 50 generations of students and professors bright students and bright students percent reduction since about 1970. have well maintained research reac- will not carry on the needed cutting Two-thirds of the nuclear science and tors. engineering faculty are over age 45 edge research that leads to promising I’ve proposed to increase the funding with little if any ability to draw new young faculty members. Our system of levels for refueling and upgrading aca- and young talent to replace them. Uni- nuclear education and training, in demic reactor instrumentation. versities across the United States can- which we used to lead the world, is lit- I propose to start a new program not afford to maintain their small re- erally imploding upon itself. whereby faculty can apply for reactor search reactors forcing their closure at I’ve laid out in this bill some pro- research and training awards to pro- an alarming rate. This year there are posals that I hope will seed a national vide for reactor improvements. only 28 operating research and training debate in the upcoming 107th Congress I have proposed a novel program reactors, over a 50 percent decline since on what we as a nation need to do to whereby as part of a student’s under- 1980. Most if not all of these reactors help solve this very serious problem. It graduate and graduate thesis project, were built in the late 1950’s and early is not a perfect bill, but I think it they help work on the re-licensing of 60’s and were licensed initially for 30 to should start the ball rolling. I welcome their own research reactors. This pro- 40 years. As a result, within the next all forms of bipartisan input on it. I gram must be in collaboration with in- five years the majority of these 28 reac- hope that my colleagues in the House dustry which already has ample experi- tors will have to be relicensed. Reli- Science Committee looks favorably at ence in relicensing. Such a program censing is a long, lengthy process this worthy effort and I would suggest will once again provide face-to-face which most universities cannot and joint hearings so that we as a Congres- networking and training between stu- will not afford. Interestingly, the em- sional body can hear together the testi- dent, teacher and ultimately their em- ployment demand for nuclear sci- mony on the serious decline that we ployer. entists and engineers exceeds our na- now face. My staff has worked from I have proposed a fellowship program tion’s ability to supply them. This consensus reports from the scientific whereby faculty can take their sab- year, the demand exceeded supply by community developed by the Nuclear batical year at a DOE laboratory. 350, by 2003 it will be over 400. Our cur- Energy Advisory Committee to the De- Under this program DOE laboratory rent projections are that in five years partment of Energy’s Office of Nuclear staff can co-teach university courses 76 percent of the nation’s nuclear Science and Technology, in particular and give extended seminars. This pro- workforce can retire, the university its subcommittee on Education and gram also provides for part time em- pipeline of new scientists and engineers Training. The report is available on the ployment of students at the DOE labs— is moving in the wrong direction to Office’s website. I encourage everyone we are talking about bringing in new meet this national problem. to read and look at these startling sta- and young talent. These human resource and edu- tistics. For the research funds allocated, I cational infrastructure problems are Here is an outline of what is in the have permitted portions be used to op- serious. The decline in a competently bill. erating the reactor during the inves- trained nuclear workforce affects a First and foremost, we need to con- tigation. I make this allocation pro- broad range of national issues. centrate on attracting good under- vided that the investigator’s host insti- We need nuclear engineers and health graduate students to the nuclear tution makes a cost sharing commit- physicists to help design, safely dispose sciences. I have proposed enhancing the ment in its operation. My intent is

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00087 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE 1300 CONGRESSIONAL RECORD—SENATE February 1, 2001 clearly not to make the program sim- sciences will lead to a downward spiral. As ments as part of a focused effort that empha- ply fund the operations and mainte- the number of nuclear science departments sizes research, training, and education. nance of university reactors; it must be shrink, faculties age, and training reactors (d) UNIVERSITY—DOE LABORATORY INTER- tied to the bill’s research. The cost close, the appeal of nuclear science will be ACTIONS.—The Secretary of Energy, through lost to future generations of students. the Office of Nuclear Science and Tech- sharing insures that the host institu- (5) Current projections are that 76% of the nology, shall develop— tion does not simply reallocate the nation’s professional nuclear workforce can (1) a sabbatical fellowship program for uni- funds already committed to operating retire in 5 years, a new supply of trained sci- versity professors to spend extended periods the reactor. entists and engineers is needed. of time at Department of Energy labora- In making all of these proposals, let (6) The Department of Energy’s Office of tories in the areas of nuclear science and me emphasize that each one of these Nuclear Energy, Science and Technology is technology; and programs I have described is intended well suited to help maintain tomorrow’s (2) a visiting scientist program in which to be peer reviewed and to have awards human resource and training investment in laboratory staff can spend time in academic made strictly on merit of the proposals the nuclear sciences. Through its support of nuclear science and engineering depart- research and development pursuant to the ments. submitted. This program is not a hand Department’s statutory authorities, the Of- out. Each element that I am proposing The Secretary may under section 3(b)(1) pro- fice of Nuclear Energy, Science and Tech- vide for fellowships for students to spend requires that faculty innovate and nology is the principal federal agent for ci- time at Department of Energy laboratories compete for these funds. Those institu- vilian research in the nuclear sciences for in the area of nuclear science under the tions that do not win such competi- the United States. The Office maintains the mentorship of laboratory staff. tions will have the choice of funding Nuclear Engineering and Education Research (3) OPERATIONS AND MAINTENANCE.—For the the research reactor activities them- Program which funds basic nuclear science research programs described, portions there- selves or consider shutting them down. and engineering. The Office funds the Nu- of may be used to supplement operation of I have outlined a very serious prob- clear Energy and Research Initiative which the research reactor during investigator’s funds applied collaborative research among proposed effort provided the host institution lem that if not corrected now will cost universities, industry and national labora- far more to correct later on. If the pro- provides cost sharing in the reactor’s oper- tories in the areas of proliferation resistant ation. gram I have outlined is implemented, fuel cycles and future fission power systems. (f) MERIT REVIEW REQUIRED.—All grants, then it will strengthen our reputation The Office funds Universities to refuel train- contracts, cooperative agreements, or other as a leader in the nuclear sciences, ing reactors from highly enriched to low en- financial assistance awards under this Act strengthen our national security and riched proliferation tolerant fuels, performs shall be made only after independent merit our ability to compete in the world instrumentation upgrades and maintains a review. program of student fellowships for nuclear market place. SEC. 4. AUTHORIZATION OF APPROPRIATIONS. science, engineering and health physics. Mr. President, I ask for unanimous (a) TOTAL AUTHORIZATION.—The following consent that the text of this bill be SEC. 3. DEPARTMENT OF ENERGY PROGRAM. sums are authorized to be appropriate to the (a) ESTABLISHMENT.—The Secretary of En- Secretary of Energy, to remain available printed in the RECORD. ergy, through the Office of Nuclear Energy, There being no objection, the bill was until expended, for the purposes of carrying Science and Technology, shall support a pro- out this Act: ordered to be printed in the RECORD, as gram to maintain the nation’s human re- (1) $30,200,000 for fiscal year 2002. follows: source investment and infrastructure in the (2) $41,000,000 for fiscal year 2003. S. 242 nuclear sciences and engineering consistent (3) $47,900,000 for fiscal year 2004. Be it enacted by the Senate and House of Rep- with the Department’s statutory authorities (4) $55,600,000 for fiscal year 2005. resentatives of the United States of America in related to civilian nuclear research and de- (5) $64,100,000 for fiscal year 2006. Congress assembled, velopment. (b) GRADUATE AND UNDERGRADUATE FEL- SECTION 1. SHORT TITLE. (b) DUTIES OF THE OFFICE OF NUCLEAR EN- LOWSHIPS.—Of the funds under subsection (a), This Act may be cited as ‘‘Department of ERGY, SCIENCE AND TECHNOLOGY.—In carrying the following sums are authorized to be ap- Energy University Nuclear Science and Engi- out the program under this Act, the Director propriated to carry out section 3(b)(1): neering Act’’. of the Office of Nuclear Science and Tech- (1) $3,000,000 for fiscal year 2002. SEC. 2. FINDINGS. nology shall— (2) $3,100,000 for fiscal year 2003. The Congress finds the following: (1) develop a robust graduate and under- (3) $3,200,000 for fiscal year 2004. (1) U.S. university nuclear science and en- graduate fellowship program to attract new (4) $3,200,000 for fiscal year 2005. gineering programs are in a state of serious and talented students; (5) $3,200,000 for fiscal year 2006. decline. The supply of bachelor degree nu- (2) assist universities in recruiting and re- (c) JUNIOR FACULTY RESEARCH INITIATION clear science and engineering personnel in taining new faculty in the nuclear sciences GRANT PROGRAM.—Of the funds under sub- the United States is at a 35-year low. The and engineering through a Junior Faculty section (a), the following sums are author- number of four year degree nuclear engineer- Research Initiation Grant Program; ized to be appropriated to carry out section ing programs has declined 50 percent to ap- (3) maintain a robust investment in the 3(b)(2): proximately 25 programs nationwide. Over fundamental nuclear sciences and engineer- (1) $5,000,000 for fiscal year 2002. two-thirds of the faculty in these programs ing through the Nuclear Engineering Edu- (2) $7,000,000 for fiscal year 2003. are 45 years or older. cation Research Program; (3) $8,000,000 for fiscal year 2004. (2) Universities cannot afford to support (4) encourage collaborative nuclear re- (4) $9,000,000 for fiscal year 2005. their research and training reactors. Since search between industry, national labora- (5) $10,000,000 for fiscal year 2006. 1980, the number of small training reactors tories and universities through the Nuclear (d) NUCLEAR ENGINEERING AND EDUCATION in the United States have declined by over 50 Energy Research Initiative; and RESEARCH PROGRAM.—Of the funds under percent to 28 reactors. Most of these reactors (5) support communication and outreach subsection (a), the following sums are au- were built in the late 1950s and 1960s with 30- related to nuclear science and engineering. thorized to be appropriated to carry out sec- to 40-year operating licenses, and will re- (c) MAINTAINING UNIVERSITY RESEARCH AND tion 3(b)(3): quire re-licensing in the next several years. TRAINING REACTORS AND ASSOCIATED INFRA- (1) $8,000,000 for fiscal year 2002. (3) The neglect in human investment and STRUCTURE.—Within the funds authorized to (2) $12,000,000 for fiscal year 2003. training infrastructure is affecting 50 years be appropriated pursuant to this Act, the (3) $13,000,000 for fiscal year 2004. of national R&D investment. The decline in amounts specified under section 4(b) shall, (4) $15,000,000 for fiscal year 2005. a competent nuclear workforce, and the lack subject to appropriations, be available for (5) $20,000,000 for fiscal year 2006. of adequately trained nuclear scientists and the following research and training reactor (e) COMMUNICATION AND OUTREACH RELATED engineers, will affect the ability of the infrastructure maintenance and research: TO NUCLEAR SCIENCE AND ENGINEERING.—Of United States to solve future waste storage (1) Refueling of research reactors with low the funds under subsection (a), the following issues, maintain basic nuclear health physics enriched fuels, upgrade of operational instru- sums are authorized to be appropriated to programs, operate existing and design future mentation, and sharing of reactors among carry out section 3(b)(5): fission reactors in the United States, respond universities. (1) $200,000 for fiscal year 2002. to future nuclear events worldwide, help (2) In collaboration with the U.S. nuclear (2) $200,000 for fiscal year 2003. stem the proliferation of nuclear weapons, industry, assistance, where necessary, in re- (3) $300,000 for fiscal year 2004. and design and operate naval nuclear reac- licensing and upgrading training reactors as (4) $300,000 for fiscal year 2005. tors. part of a student training program. (5) $300,000 for fiscal year 2006. (4) Further neglect in the nation’s invest- (3) A reactor research and training award (f) REFUELING OF RESEARCH REACTORS AND ment in human resources for the nuclear program that provides for reactor improve- INSTRUMENTATION UPGRADES.—Of the funds

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00088 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1301 under subsection (a), the following sums are National Assessment for Education (4) TRIBAL SCHOOL.—The term ‘‘tribal authorized to be appropriated to carry out Progress indicators than all other stu- school’’ means an elementary school, sec- section 3(c)(1): dents. ondary school, or dormitory that is operated (1) $6,000,000 for fiscal year 2002. By ignoring the most fundamental by a tribal organization or the Bureau for (2) $6,500,000 for fiscal year 2003. aspect of education; that is, safe, qual- the education of Indian children and that re- (3) $7,000,000 for fiscal year 2004. ceives financial assistance for its operation (4) $7,500,000 for fiscal year 2005. ity educational facilities, there is little under an appropriation for the Bureau under (5) $8,000,000 for fiscal year 2006. hope of breaking the cycle of low edu- section 102, 103(a), or 208 of the Indian Self- (g) RE-LICENSING ASSISTANCE.—Of the cational achievement, and the unem- Determination and Education Assistance Act funds under subsection (a), the following ployment and poverty that result from (25 U.S.C. 450f, 450h(a), and 458d) or under the sums are authorized to be appropriated to neglected academic potential. Tribally Controlled Schools Act of 1988 (25 carry out section 3(c)(2): The Indian School Construction Act U.S.C. 2501 et seq.) under a contract, a grant, (1) $1,000,000 for fiscal year 2002. establishes a bonding authority to use or an agreement, or for a Bureau-operated (2) $1,100,000 for fiscal year 2003. existing tribal education funds for school. (3) $1,200,000 for fiscal year 2004. bonds in the municipal finance market (5) TRIBE.—The term ‘‘tribe’’ has the mean- (4) $1,300,000 for fiscal year 2005. which currently serves local govern- ing given the term ‘‘Indian tribal govern- (5) $1,300,000 for fiscal year 2006. ment’’ by section 7701(a)(40) of the Internal (h) REACTOR RESEARCH AND TRAINING ments across the Nation. Instead of Revenue Code of 1986, including the applica- AWARD PROGRAM.—Of the funds under sub- funding construction projects directly, tion of section 7871(d) of such Code. Such section (a), the following sums are author- these existing funds will be leveraged term includes any consortium of tribes ap- ized to be appropriated to carry out section through bonds to fund substantially proved by the Secretary. 3(c)(3): more tribal school construction, main- (b) ISSUANCE OF BONDS.— (1) $6,000,000 for fiscal year 2002. tenance and repair projects. (1) IN GENERAL.—The Secretary shall estab- (2) $10,000,000 for fiscal year 2003. The Bureau of Indian Affairs esti- lish a pilot program under which eligible (3) $14,000,000 for fiscal year 2004. mates the tribal school construction tribes have the authority to issue qualified (4) $18,000,000 for fiscal year 2005. and repair backlog at over $1 billion. tribal school modernization bonds to provide (5) $20,000,000 for fiscal year 2006. funding for the construction, rehabilitation, (i) UNIVERSITY—DOE LABORATORY INTER- Confounding this backlog, inflation or repair of tribal schools, including the ad- ACTIONS.—Of the funds under subsection (a), and facility deterioration severely in- vance planning and design thereof. the following sums are authorized to be ap- creases this amount. The administra- (2) ELIGIBILITY.— propriated to carry out section 3(d): tion’s school construction request for (A) IN GENERAL.—To be eligible to issue (1) $1,000,000 for fiscal year 2002. fiscal year 2001 was over $62 million. In any qualified tribal school modernization (2) $1,100,000 for fiscal year 2003. this budgetary climate, I believe every bond under the program under paragraph (1), (3) $1,200,000 for fiscal year 2004. avenue for efficiently stretching the a tribe shall— (4) $1,300,000 for fiscal year 2005. Federal dollar should be explored. (i) prepare and submit to the Secretary a (5) $1,300,000 for fiscal year 2006. Tribal schools in my State and plan of construction that meets the require- around the country address the unique ments of subparagraph (B); By Mr. JOHNSON (for himself, (ii) provide for quarterly and final inspec- Mr. BINGAMAN, Mr. DASCHLE, learning needs and styles of Indian stu- tion of the project by the Bureau; and Mr. INOUYE, Mr. COCHRAN, Mr. dents, with sensitivity to Native cul- (iii) pledge that the facilities financed by tures, ultimately promoting higher BAUCUS, Mr. REID, Mr. AKAKA, such bond will be used primarily for elemen- academic achievement. There are and Mr. CAMPBELL): tary and secondary educational purposes for S. 243. A bill to provide for the strong historical and moral reasons for not less than the period such bond remains continued support of tribal schools. In outstanding. issuance of bonds to provide funding (B) PLAN OF CONSTRUCTION.—A plan of con- for the construction of schools of the keeping with our special trust respon- sibility to sovereign Indian nations, we struction meets the requirements of this Bureau of Indian Affairs of the Depart- subparagraph if such plan— need to promote the self-determination ment of the Interior, and for other pur- (i) contains a description of the construc- poses; to the Committee on Indian Af- and self-sufficiency of Indian commu- tion to be undertaken with funding provided fairs. nities. Education is absolutely vital to under a qualified tribal school modernization Mr. JOHNSON. Mr. President, I, this effort. Allowing the continued de- bond; terioration and decay of tribal schools (ii) demonstrates that a comprehensive along with Senators BINGAMAN, through lack of funding would violate survey has been undertaken concerning the DASCHLE, CAMPBELL, INOUYE, COCHRAN, the Government’s commitment and re- construction needs of the tribal school in- REID, AKAKA, and BAUCUS am intro- sponsibility to Indian nations and only volved; ducing legislation to establish an inno- (iii) contains assurances that funding slow the progress of self-sufficiency. vative funding mechanism to enhance under the bond will be used only for the ac- I urge my colleagues to closely exam- the ability of Indian tribes to con- tivities described in the plan; ine the Indian School Construction Act struct, repair, and maintain quality (iv) contains response to the evaluation and join me in working to make this educational facilities. Representatives criteria contained in Instructions and Appli- innovative funding mechanism a re- from tribal schools in my State of cation for Replacement School Construction, ality. I ask unanimous consent that Revision 6, dated February 6, 1999; and South Dakota have been working with the text of the legislation be printed in (v) contains any other reasonable and re- tribes nationwide to develop an initia- the RECORD. lated information determined appropriate by tive which I believe will be a positive There being no objection, the bill was the Secretary. first step toward addressing the serious (C) PRIORITY.—In determining whether a ordered to be printed in the RECORD, as tribe is eligible to participate in the program crisis we are facing in Indian edu- follows: cation. under this subsection, the Secretary shall S. 243 Over 50 percent of the American In- give priority to tribes that, as demonstrated Be it enacted by the Senate and House of Rep- dian population in this country is age by the relevant plans of construction, will resentatives of the United States of America in fund projects— 24 or younger. Consequently, the need Congress assembled, (i) described in the Education Facilities for improved educational programs and SECTION 1. SHORT TITLE. Replacement Construction Priorities List as facilities, and for training the Amer- This Act may be cited as the ‘‘Indian of FY 2000 of the Bureau of Indian Affairs (65 ican Indian workforce is pressing. School Construction Act’’. Fed. Reg. 4623-4624); American Indians have been, and con- SEC. 2. INDIAN SCHOOL CONSTRUCTION. (ii) described in any subsequent priorities tinue to be, disproportionately affected (a) DEFINITIONS.—In this section: list published in the Federal Register; or by both poverty and low educational (1) BUREAU.—The term ‘‘Bureau’’ means (iii) which meet the criteria for ranking achievement. The high school comple- the Bureau of Indian Affairs of the Depart- schools as described in Instructions and Ap- ment of the Interior. plication for Replacement School Construc- tion rate for Indian people aged 20 to 24 (2) INDIAN.—The term ‘‘Indian’’ means any tion, Revision 6, dated February 6, 1999. was 12.5 percent below the national av- individual who is a member of a tribe. (D) ADVANCE PLANNING AND DESIGN FUND- erage. American Indian students, on (3) SECRETARY.—The term ‘‘Secretary’’ ING.—A tribe may propose in its plan of con- average, have scored far lower on the means the Secretary of the Interior. struction to receive advance planning and

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design funding from the tribal school mod- (ii) CONTRACTS.—Each contract referred to (c) EXPANSION OF INCENTIVES FOR TRIBAL ernization escrow account established under in paragraph (3) shall specify, or be renegoti- SCHOOLS.—Chapter 1 of the Internal Revenue paragraph (6)(B). Before advance planning ated to specify, that payments under the Code of 1986 is amended by adding at the end and design funds are allocated from the es- contract shall be made in accordance with the following new subchapter: crow account, the tribe shall agree to issue this paragraph. ‘‘Subchapter XI—Tribal School qualified tribal school modernization bonds (5) PAYMENTS OF PRINCIPAL AND INTEREST.— Modernization Provisions after the receipt of such funds and agree as (A) PRINCIPAL.—No principal payments on ‘‘Sec. 1400K. Credit to holders of qualified a condition of each bond issuance that the any qualified tribal school modernization tribal school modernization tribe will deposit into such account or a fund bond shall be required until the final, stated bonds. managed by the trustee as described in para- maturity of such bond, which stated matu- ‘‘SEC. 1400K. CREDIT TO HOLDERS OF QUALIFIED graph (4)(C) an amount equal to the amount rity shall be within 15 years from the date of TRIBAL SCHOOL MODERNIZATION of such funds received from the escrow ac- issuance. Upon the expiration of such period, BONDS. count. the entire outstanding principal under the ‘‘(a) ALLOWANCE OF CREDIT.—In the case of (3) PERMISSIBLE ACTIVITIES.—In addition to bond shall become due and payable. a taxpayer who holds a qualified tribal the use of funds permitted under paragraph (B) INTEREST.—In lieu of interest on a school modernization bond on a credit allow- (1), a tribe may use amounts received qualified tribal school modernization bond ance date of such bond which occurs during through the issuance of a qualified tribal there shall be awarded a tax credit under the taxable year, there shall be allowed as a school modernization bond to— section 1400K of the Internal Revenue Code credit against the tax imposed by this chap- (A) enter into and make payments under of 1986. ter for such taxable year an amount equal to contracts with licensed and bonded archi- (6) BOND GUARANTEES.— the sum of the credits determined under sub- tects, engineers, and construction firms in (A) IN GENERAL.—Payment of the principal section (b) with respect to credit allowance order to determine the needs of the tribal portion of a qualified tribal school mod- dates during such year on which the tax- school and for the design and engineering of ernization bond issued under this subsection payer holds such bond. the school; shall be guaranteed solely by amounts depos- ‘‘(b) AMOUNT OF CREDIT.— (B) enter into and make payments under ited with each respective bond trustee as de- ‘‘(1) IN GENERAL.—The amount of the credit contracts with financial advisors, under- scribed in paragraph (4)(C)(iii). determined under this subsection with re- writers, attorneys, trustees, and other pro- (B) ESTABLISHMENT OF ACCOUNT.— spect to any credit allowance date for a fessionals who would be able to provide as- (i) IN GENERAL.—Notwithstanding any qualified tribal school modernization bond is sistance to the tribe in issuing bonds; and other provision of law, beginning in fiscal 25 percent of the annual credit determined with respect to such bond. (C) carry out other activities determined year 2002, from amounts made available for ‘‘(2) ANNUAL CREDIT.—The annual credit de- appropriate by the Secretary. school replacement under the construction account of the Bureau, the Secretary is au- termined with respect to any qualified tribal (4) BOND TRUSTEE.— thorized to deposit not more than $30,000,000 school modernization bond is the product (A) IN GENERAL.—Notwithstanding any of— other provision of law, any qualified tribal each fiscal year into a tribal school mod- ‘‘(A) the applicable credit rate, multiplied school modernization bond issued by a tribe ernization escrow account. AYMENTS.—The Secretary shall use by under this subsection shall be subject to a (ii) P any amounts deposited in the escrow ac- ‘‘(B) the outstanding face amount of the trust agreement between the tribe and a count under clauses (i) and (iii) to make pay- bond. trustee. ments to trustees appointed and acting pur- ‘‘(3) APPLICABLE CREDIT RATE.—For pur- (B) TRUSTEE.—Any bank or trust company suant to paragraph (4) or to make payments poses of paragraph (1), the applicable credit that meets requirements established by the described in paragraph (2)(D). rate with respect to an issue is the rate Secretary may be designated as a trustee (iii) TRANSFERS OF EXCESS PROCEEDS.—Ex- equal to an average market yield (as of the under subparagraph (A). cess proceeds held under any trust agree- date of sale of the issue) on outstanding (C) CONTENT OF TRUST AGREEMENT.—A trust ment that are not needed for any of the pur- long-term corporate obligations (as deter- agreement entered into by a tribe under this poses described in clauses (iii) and (v) of mined by the Secretary). paragraph shall specify that the trustee, paragraph (4)(C) shall be transferred, from ‘‘(4) SPECIAL RULE FOR ISSUANCE AND RE- with respect to any bond issued under this time to time, by the trustee for deposit into DEMPTION.—In the case of a bond which is subsection shall— the tribal school modernization escrow ac- issued during the 3-month period ending on a (i) act as a repository for the proceeds of count. credit allowance date, the amount of the the bond; (7) LIMITATIONS.— credit determined under this subsection with (ii) make payments to bondholders; (A) OBLIGATION TO REPAY.—Notwith- respect to such credit allowance date shall (iii) receive, as a condition to the issuance standing any other provision of law, the be a ratable portion of the credit otherwise of such bond, a transfer of funds from the principal amount on any qualified tribal determined based on the portion of the 3- tribal school modernization escrow account school modernization bond issued under this month period during which the bond is out- established under paragraph (6)(B) or from subsection shall be repaid only to the extent standing. A similar rule shall apply when the other funds furnished by or on behalf of the of any escrowed funds furnished under para- bond is redeemed. tribe in an amount, which together with in- graph (4)(C)(iii). No qualified tribal school ‘‘(c) LIMITATION BASED ON AMOUNT OF terest earnings from the investment of such modernization bond issued by a tribe shall be TAX.— funds in obligations of or fully guaranteed by an obligation of, nor shall payment of the ‘‘(1) IN GENERAL.—The credit allowed under the United States or from other investments principal thereof be guaranteed by, the subsection (a) for any taxable year shall not authorized by paragraph (10), will produce United States, the tribes, nor their schools. exceed the excess of— moneys sufficient to timely pay in full the (B) LAND AND FACILITIES.—Any land or fa- ‘‘(A) the sum of the regular tax liability entire principal amount of such bond on the cilities purchased or improved with amounts (as defined in section 26(b)) plus the tax im- stated maturity date therefor; derived from qualified tribal school mod- posed by section 55, over (iv) invest the funds received pursuant to ernization bonds issued under this subsection ‘‘(B) the sum of the credits allowable under clause (iii) as provided by such clause; and shall not be mortgaged or used as collateral part IV of subchapter A (other than subpart (v) hold and invest the funds in a seg- for such bonds. C thereof, relating to refundable credits). regated fund or account under the agree- (8) SALE OF BONDS.—Qualified tribal school ‘‘(2) CARRYOVER OF UNUSED CREDIT.—If the ment, which fund or account shall be applied modernization bonds may be sold at a pur- credit allowable under subsection (a) exceeds solely to the payment of the costs of items chase price equal to, in excess of, or at a dis- the limitation imposed by paragraph (1) for described in paragraph (3). count from the par amount thereof. such taxable year, such excess shall be car- (D) REQUIREMENTS FOR MAKING DIRECT PAY- (9) TREATMENT OF TRUST AGREEMENT EARN- ried to the succeeding taxable year and MENTS.— INGS.—Any amounts earned through the in- added to the credit allowable under sub- (i) IN GENERAL.—Notwithstanding any vestment of funds under the control of a section (a) for such taxable year. other provision of law, the trustee shall trustee under any trust agreement described ‘‘(d) QUALIFIED TRIBAL SCHOOL MODERNIZA- make any payment referred to in subpara- in paragraph (4) shall not be subject to Fed- TION BOND; OTHER DEFINITIONS.—For pur- graph (C)(v) in accordance with requirements eral income tax. poses of this section— that the tribe shall prescribe in the trust (10) INVESTMENT OF SINKING FUNDS.—Any ‘‘(1) QUALIFIED TRIBAL SCHOOL MODERNIZA- agreement entered into under subparagraph sinking fund established for the purpose of TION BOND.— (C). Before making a payment to a con- the payment of principal on a qualified trib- ‘‘(A) IN GENERAL.—The term ‘qualified trib- tractor under subparagraph (C)(v), the trust- al school modernization bond shall be in- al school modernization bond’ means, subject ee shall require an inspection of the project vested in obligations issued by or guaranteed to subparagraph (B), any bond issued as part by a local financial institution or an inde- by the United States or in such other assets of an issue under section 2(c) of the Indian pendent inspecting architect or engineer, to as the Secretary of the Treasury may by reg- School Construction Act, as in effect on the ensure the completion of the project. ulation allow. date of the enactment of this section, if—

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00090 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1303 ‘‘(i) 95 percent or more of the proceeds of this section with respect to such bond. In unyielding determination to ensure such issue are to be used for the construc- case of any such separation, the credit under that their loved ones did not die in tion, rehabilitation, or repair of a school fa- this section shall be allowed to the person vain. The international community cility funded by the Bureau of Indian Affairs who on the credit allowance date holds the truly owes them a debt of gratitude. of the Department of the Interior or for the instrument evidencing the entitlement to acquisition of land on which such a facility the credit and not to the holder of the bond. Nevertheless, the quest for justice is is to be constructed with part of the proceeds ‘‘(2) CERTAIN RULES TO APPLY.—In the case not over. Now some have suggested the of such issue, of a separation described in paragraph (1), verdict brings the matter to a close, ‘‘(ii) the bond is issued by a tribe, the rules of section 1286 shall apply to the and at the sanctions in place since 1992 ‘‘(iii) the issuer designates such bond for qualified tribal school modernization bond as should now be lifted. We, however, be- purposes of this section, and if it were a stripped bond and to the credit lieve that would be a serious mistake ‘‘(iv) the term of each bond which is part of under this section as if it were a stripped and an insult to the victims and their such issue does not exceed 15 years. coupon. families. U.N. Resolutions have re- ‘‘(B) NATIONAL LIMITATION ON AMOUNT OF ‘‘(h) TREATMENT FOR ESTIMATED TAX PUR- quired Libya to pay compensation to BONDS DESIGNATED.— POSES.—Solely for purposes of sections 6654 ‘‘(i) NATIONAL LIMITATION.—There is a na- and 6655, the credit allowed by this section the families of the victims of Pan Am tional qualified tribal school modernization to a taxpayer by reason of holding a quali- 103 if a guilty verdict is rendered, and, bond limitation for each calendar year. Such fied tribal school modernization bonds on a second, to officially end support for limitation is— credit allowance date shall be treated as if it international terrorism before the mul- ‘‘(I) $200,000,000 for 2002, were a payment of estimated tax made by tilateral sanctions can permanently be ‘‘(II) $200,000,000 for 2003, and the taxpayer on such date. lifted. ‘‘(III) zero after 2004. ‘‘(i) CREDIT MAY BE TRANSFERRED.—Noth- ing in any law or rule of law shall be con- A formal lifting of the sanctions now ‘‘(ii) ALLOCATION OF LIMITATION.—The na- would send Libya the wrong signal. It tional qualified tribal school modernization strued to limit the transferability of the bond limitation shall be allocated to tribes credit allowed by this section through sale would indicate that the international by the Secretary of the Interior subject to and repurchase agreements. community has absolved Libya of its the provisions of section 2 of the Indian ‘‘(j) CREDIT TREATED AS ALLOWED UNDER role in the bombing, a role, to repeat, School Construction Act, as in effect on the PART IV OF SUBCHAPTER A.—For purposes of clearly established by the Scottish date of the enactment of this section. subtitle F, the credit allowed by this section court. It would say that Libya should shall be treated as a credit allowable under ‘‘(iii) DESIGNATION SUBJECT TO LIMITATION be accepted back into the community AMOUNT.—The maximum aggregate face part IV of subchapter A of this chapter. ‘‘(k) REPORTING.—Issuers of qualified tribal of responsible nations. It would bestow amount of bonds issued during any calendar school modernization bonds shall submit re- upon Colonel Qadhafi’s regime a re- year which may be designated under sub- ports similar to the reports required under section (d)(1) with respect to any tribe shall spect and credibility it seeks but has section 149(e).’’. not exceed the limitation amount allocated not earned. (d) ADDITIONAL PROVISIONS.— to such government under clause (ii) for such The United States must press Libya (1) SOVEREIGN IMMUNITY.—This section and calendar year. to publicly accept its role in the bomb- the amendments made by this section shall ‘‘(iv) CARRYOVER OF UNUSED LIMITATION.—If not be construed to impact, limit, or affect ing of Pan Am Flight 103, issue an apol- for any calendar year— the sovereign immunity of the Federal Gov- ogy, and compensate the victims’ fami- ‘‘(I) the limitation amount under this sub- ernment or any State or tribal government. lies. paragraph, exceeds (2) APPLICATION.—This section and the Consequently, today we are intro- ‘‘(II) the amount of qualified tribal school amendments made by this section shall take modernization bonds issued during such ducing the Justice for the Victims of effect on the date of the enactment of this year, Pan Am 103 Act of 2001. This legislation Act with respect to bonds issued after De- the limitation amount under this subpara- is cosponsored by Senators HELMS, cember 31, 2001, regardless of the status of graph for the following calendar year shall BROWNBACK, LEAHY, REID of Nevada, regulations promulgated thereunder. be increased by the amount of such excess. NELSON of Nebraska, CLINTON, DODD, The preceding sentence shall not apply if By Mrs. FEINSTEIN (for herself, BAUCUS, BOXER, BYRD, and CARPER. such following calendar year is after 2010. Mr. HELMS, Mr. BROWNBACK, The legislation states that it shall be ‘‘(2) CREDIT ALLOWANCE DATE.—The term Mr. LEAHY, Mr. REID, Mr. NEL- the policy of the United States to op- ‘credit allowance date’ means— pose lifting U.N. and U.S. sanctions ‘‘(A) March 15, SON of Nebraska, Mrs. CLINTON, ‘‘(B) June 15, Mr. DODD, Mr. BAUCUS, Mrs. against Libya until all cases of Amer- ‘‘(C) September 15, and BOXER, Mr. BYRD, and Mr. CAR- ican victims of Libyan terrorism have ‘‘(D) December 15. PER): been resolved; the Government of Such term includes the last day on which the S. 244. A bill to provide for United Libya has accepted responsibility, has bond is outstanding. States policy toward Libya; to the issued an apology, has paid compensa- ‘‘(3) BOND.—The term ‘bond’ includes any Committee on Foreign Relations. tion to the victims’ families of Pan Am obligation. Mrs. FEINSTEIN. Mr. President, yes- 103; and has taken real and concrete ‘‘(4) TRIBE.—The term ‘‘tribe’’ has the terday a Scottish court, meeting in the steps to end support of international meaning given the term ‘‘Indian tribal gov- Netherlands, convicted Abdel Basset terrorism; and the legislation would ernment’’ by section 7701(a)(40), including prohibit assistance to the Government the application of section 7871(d). Such term Ali Megrahi for the 1988 bombing of includes any consortium of tribes approved Pan American flight 103 over of Libya until the President deter- by the Secretary of the Interior. Lockerbie, Scotland. That court sen- mines and certifies that Libya has ful- ‘‘(e) CREDIT INCLUDED IN GROSS INCOME.— tenced him to life in prison. Two-hun- filled the above requirements. Gross income includes the amount of the dred seven people, including 189 Ameri- In addition, the legislation expresses credit allowed to the taxpayer under this cans, lost their lives in this barbaric the sense of the Senate that the Gov- section (determined without regard to sub- act. ernment of Libya should be condemned section (c)) and the amount so included shall In addition, the court conclusively for its support of international ter- be treated as interest income. ‘‘(f) BONDS HELD BY REGULATED INVEST- tied the planning and execution of the rorism and the bombing of Pan Am 103. MENT COMPANIES.—If any qualified tribal bombing to Libya and Libya intel- Second, the Government of Libya school modernization bond is held by a regu- ligence. should accept responsibility for the lated investment company, the credit deter- While no verdict could have fully bombing, issue a public apology, and mined under subsection (a) shall be allowed comforted the families of the victims, provide due compensation. to shareholders of such company under pro- eased their anguish, or removed the Finally, the President, the Secretary cedures prescribed by the Secretary. haunting images from their minds, of State, and other U.S. officials should ‘‘(g) CREDITS MAY BE STRIPPED.—Under they can take some solace in the fact encourage other countries and the regulations prescribed by the Secretary— ‘‘(1) IN GENERAL.—There may be a separa- that guilt has now been established. I United Nations to maintain sanctions tion (including at issuance) of the ownership would like to personally thank the against Libya until it fulfills the above of a qualified tribal school modernization families of the victims for their hard requirements. Until Libya accepts re- bond and the entitlement to the credit under work, for their dedication, and for the sponsibility for its actions, apologizes,

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00091 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE 1304 CONGRESSIONAL RECORD—SENATE February 1, 2001 and ends its support for international portunity to compete in the United values and influence and to create goodwill terrorism, the United States should States cruise market. for the United States throughout the world; Whereas international exchange programs, leave and will leave no stone unturned S. 143 that in the past have done much to extend in the quest for justice. At the request of Mr. GRAMM, the United States influence in the world by edu- We owe the victims of Pan Am 103 no name of the Senator from Indiana (Mr. cating the world’s leaders, are suffering from less. BAYH) was added as a cosponsor of S. decline; Mr. President, I yield the floor. 143, a bill to amend the Securities Act Whereas international education is impor- of 1933 and the Securities Exchange Act tant to meet future challenges facing the f of 1934, to reduce securities fees in ex- United States including challenges involving ADDITIONAL COSPONSORS cess of those required to fund the oper- national security and the management of ations of the Securities and Exchange global conflict and competitiveness in a S. 22 Commission, to adjust compensation global economy; At the request of Mr. HAGEL, the provisions for employees of the Com- Whereas international education entails name of the Senator from Wyoming the imparting of effective global literacy to mission, and for other purposes. (Mr. ENZI) was added as a cosponsor of United States students and other citizens as S. 174 S. 22, a bill to amend the Federal Elec- an integral part of their education; At the request of Mr. KERRY, the tion Campaign Act of 1971 to provide Whereas more than 500,000 international name of the Senator from North Da- students and their dependents contributed meaningful campaign finance reform kota (Mr. CONRAD) was added as a co- an estimated $12,300,000,000 to the United through requiring better reporting, de- sponsor of S. 174, a bill to amend the States economy in the academic year 1999- creasing the role of soft money, and in- Small Business Act with respect to the 2000; creasing individual contribution lim- microloan program, and for other pur- Whereas other countries, especially the its, and for other purposes. poses. United Kingdom, are mounting vigorous re- S. 29 cruitment campaigns to compete for inter- S. 177 national students; At the request of Mr. BOND, the name At the request of Mr. AKAKA, the Whereas United States competitiveness in of the Senator from Mississippi (Mr. name of the Senator from Georgia (Mr. the international student market is declin- COCHRAN) was added as a cosponsor of MILLER) was added as a cosponsor of S. ing, the United States share of internation- S. 29, a bill to amend the Internal Rev- 177, a bill to amend the provisions of ally mobile students having declined from 40 enue Code of 1986 to allow a deduction title 19, United States Code, relating to percent to 30 percent since 1982; for 100 percent of the health insurance the manner in which pay policies and Whereas less than 10 percent of United costs of self-employed individuals. schedules and fringe benefit programs States students graduating from college for postmasters are established. have studied abroad; and S. 37 Whereas research indicates that the United At the request of Mr. LUGAR, the S. 189 States is failing to graduate enough students name of the Senator from Mississippi At the request of Mr. BOND, the name with expertise in foreign languages and cul- (Mr. COCHRAN) was added as a cospon- of the Senator from Mississippi (Mr. tures to fill the demands of business, govern- sor of S. 37, a bill to amend the Inter- COCHRAN) was added as a cosponsor of ment, and universities: Now, therefore, be it nal Revenue Code of 1986 to provide for S. 189, a bill to amend the Internal Resolved by the Senate (the House of Rep- resentatives concurring), a charitable deduction for contribu- Revenue Code of 1986 to provide tax re- SECTION 1. SENSE OF CONGRESS ON THE ESTAB- tions of food inventory. lief for small businesses, and for other purposes. LISHMENT OF AN INTERNATIONAL S. 88 EDUCATION POLICY FOR THE S. 231 UNITED STATES. At the request of Mr. ROCKEFELLER, At the request of Mr. CAMPBELL, the It is the sense of Congress that the United the name of the Senator from Oregon names of the Senator from Iowa (Mr. States should establish an international edu- (Mr. SMITH) was added as a cosponsor GRASSLEY), the Senator from Hawaii cation policy to enhance national security of S. 88, a bill to amend the Internal and significantly further United States for- (Mr. AKAKA), and the Senator from Ha- Revenue Code of 1986 to provide an in- eign policy and global competitiveness. waii (Mr. INOUYE) were added as co- SEC. 2. OBJECTIVES OF AN INTERNATIONAL EDU- centive to ensure that all Americans sponsors of S. 231, a bill to amend the gain timely and equitable access to the CATION POLICY FOR THE UNITED Elementary and Secondary Education STATES. Internet over current and future gen- Act of 1965 to ensure that seniors are An international education policy for the erations of broadband capability. given an opportunity to serve as men- United States should strive to achieve the S. 104 tors, tutors, and volunteers for certain following: At the request of Ms. SNOWE, the programs. (1) Invigorate citizen and professional name of the Senator from Indiana (Mr. international exchange programs and to pro- f mote the international exchange of scholars. BAYH) was added as a cosponsor of S. (2) Streamline visa, taxation, and employ- 104, a bill to require equitable coverage STATEMENTS ON SUBMITTED RESOLUTIONS ment regulations applicable to international of prescription contraceptive drugs and students. devices, and contraceptive services (3) Significantly increase participation in under health plans. SENATE CONCURRENT RESOLU- study abroad by United States students. (4) Promote greater diversity of locations, S. 120 TION 7—EXPRESSING THE SENSE languages, and subjects involved in study At the request of Mrs. FEINSTEIN, the OF CONGRESS THAT THE UNITED abroad to ensure that the United States name of the Senator from Hawaii (Mr. STATES SHOULD ESTABLISH AN maintains an adequate international knowl- INOUYE) was added as a cosponsor of S. INTERNATIONAL EDUCATION edge base. 120, a bill to establish a demonstration POLICY TO ENHANCE NATIONAL (5) Ensure that a college graduate has project to increase teacher salaries and SECURITY AND SIGNIFICANTLY knowledge of a second language and of a for- employee benefits for teachers who FURTHER UNITED STATES FOR- eign area. enter into contracts with local edu- EIGN POLICY AND GLOBAL COM- (6) Enhance the educational infrastructure cational agencies to serve as master through which the United States produces PETITIVENESS. international expertise. teachers. Mr. KERRY (for himself, Mr. LEVIN, (7) Capture 40 percent of the international S. 127 Mr. REID, Mr. GRAHAM, and Mr. student market for the United States. At the request of Mr. MCCAIN, the WELLSTONE) submitted the following Mr. KERRY. Mr. President, today I names of the Senator from South Caro- concurrent reslution; which was re- am honored to be joined by Senators lina (Mr. THURMOND) and the Senator ferred to the Committee on Foreign LUGAR, LEVIN, REID, WELLSTONE, and from California (Mrs. FEINSTEIN) were Relations. GRAHAM in submitting a resolution fo- added as cosponsors of S. 127, a bill to S. CON. RES. 7 cused on the important issue of inter- give American companies, American Whereas educating international students national education. My colleagues and workers, and American ports the op- is an important way to spread United States I strongly believe that the United

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00092 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE February 1, 2001 CONGRESSIONAL RECORD—SENATE 1305 States should continue to build a vig- become the norm, not the exception, fairs must take place; narrow the dis- orous international education policy. and students will routinely study tance with other cultures and societies Former Secretary of Education Rich- abroad and know multiple languages.’’ with whom we increasingly interact ard Riley has noted that nations across Of course, international education and share burdens; our competitiveness the world are keen on fostering greater works both ways. The resolution we are in international commerce and trade in faculty and student exchanges and sug- introducing today also recognizes the an increasingly global economy—95 gested a series of new steps to re-ener- intrinsic value of bringing inter- percent of the world’s population live gize the cause of international edu- national students to study in this outside the United States and are po- cation in the United States. The con- country. Today, the percentage of tential customers and knowing the lan- ference report of the FY01 Commerce, science and engineering doctoral re- guage, the culture, and the customs of Justice, State Appropriations bill in- cipients from abroad is declining. We other countries helps improve doing cluded language recognizing that inter- must reverse this trend, because inter- business abroad; develop skills to man- national education is a foreign policy national students working in our uni- age our political relations with other priority. On November 11–17, 2000, cam- versities make a valuable contribution countries as we address diverse chal- puses and schools across the country to the research and study of their lenges to stability, national security celebrated the first-ever International American counterparts and an invalu- and economic growth; and in sharing Education Week, recognized by Presi- able contribution to global peace and our values (e.g., democracy and free- dential Proclamation. I hope that this stability when they return to their dom) and know-how with others and to resolution will build on these efforts to home nations imbued with all the pos- acquire values and know-how from oth- preserve and extend a proud tradition sibilities democracy has to offer. ers. of support for U.S. international edu- Mr. LUGAR. Mr. President, I rise to We know that international cultural cation programs that dates back al- introduce a resolution expressing the and educational programs played a key most a half century. need for establishing an international role in helping to end the cold war and Providing an excellent education to education policy for the United States. build the post-Cold War era through America’s children has always been I am pleased to join Senator KERRY and interpersonal contacts, grass-roots ex- vital in preserving U.S. leadership other colleagues from both sides of the changes and other forms of inter- abroad. During the cold war, we dem- aisle in this endeavor. national engagement. onstrated democracy’s strength by Ask any American Ambassador in Success in promoting international winning the space race, by possessing any U.S. Embassy what their most val- education programs today and in the superior scientific knowledge, and by uable programs are and many will re- future will help promote democratic understanding the languages, cultures spond by citing those programs which values and international cooperation. and history of regions where the de- promote international cooperation and They can serve to reduce poverty and fense of liberty and freedom was para- understanding. Educational and cul- injustice and promote new leaders and mount. In 1958, in response to the tural exchanges typically rank high on new leadership skills in the U.S. and launch of Sputnik by the Soviet Union, their list because they are integral to abroad that are essential to a better the Congress enacted the National De- our foreign policy and national secu- world. fense Education Act as a major tool of rity interests and build enormous good Forty-six years ago, I traveled to cold war policy. The NDEA focused on will abroad. study at Oxford University, England, improving the teaching of science and Our resolution reflects the same pri- where I had the unique opportunity to math education, history, geography ority to international education. It ex- meet and study with student leaders and foreign languages in all levels of presses the need for an international and scholars from Asia, Africa, the education. The National Defense Edu- education policy that enhances our na- Middle East, and other parts of the cation Act provided capital funds to tional security, advances our foreign world. Those two years made a dif- colleges and universities so that they policy and strengthens our global com- ference in my life and I have been in- could make low-interest loans to stu- petitiveness. debted ever since to the experiences dents. Our resolution states: 1. That all col- and the idealism I learned at the time. Today more than ever, in an environ- lege graduates should have knowledge I hope colleagues will share our en- ment of intense global economic, sci- of a second language and another geo- thusiasm for international education entific and technological competition, graphic area of the world; 2. That we and will join us in urging the develop- a national education policy is crucial should enhance and streamline our ment of a sound, cohesive and con- to America’s leadership in the world. I educational infrastructure to strength- structive international education pol- believe that we need a new national de- en international expertise—this should icy for the United States. fense education policy that focuses on include our employment practices, our f foreign languages and the history and tax laws, visa and immigration proce- cultures in other parts of the world, be- dures, educational advising and other AUTHORITY FOR COMMITTEES TO cause we can not lead in a world we do areas for improving international edu- MEET not understand. Unfortunately, we are cation programs; 3. That we should in- COMMITTEE ON COMMERCE, SCIENCE, AND once again falling behind when it crease U.S. student participation in TRANSPORTATION comes to providing our children the study abroad programs. For now, only Mrs. FEINSTEIN. Mr. President, I tools they need to compete on the glob- about one percent of our college popu- ask unanimous consent that the Com- al stage. lation study abroad; 4. That we should mittee on Commerce, Science, and Less than one-tenth of graduating increase the diversity of countries, lan- Transportation be authorized to meet American college students have studied guages, and subjects in our study on Thursday, February 1, 2001 at 9:30 abroad. The reality of the global econ- abroad and exchange programs; and 5. am on the American TWA merger. omy dictates that we cannot allow this We should promote and expand the The PRESIDING OFFICER. Without rate to stand. In order for graduates to number, diversity and educational lev- objection, it is so ordered. be effective in the increasingly inter- els of citizen and international profes- SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT national business community, they sional exchange programs. MANAGEMENT, RESTRUCTURING AND THE DIS- must better understand the world. Sec- We are introducing this resolution TRICT OF COLUMBIA retary Richard Riley put it well last because we believe that improved Mrs. FEINSTEIN. Mr. President, I year when he argued that ‘‘college stu- international education and global lit- ask unanimous consent that the Com- dents [should] expect their education eracy are important elements of a mittee on Governmental Affairs Sub- to give them a diverse global perspec- sound foreign policy. They help: build a committee on Oversight of Government tive that enriches their learning. More foundation of trust and knowledge on Management, Restructuring and the and more, international education will which the conduct of international af- District of Columbia be authorized to

VerDate Aug 31 2005 11:40 Feb 28, 2007 Jkt 029102 PO 00000 Frm 00093 Fmt 0686 Sfmt 0634 E:\BR01\S01FE1.003 S01FE1 erjones on PRODPC74 with SENATE 1306 CONGRESSIONAL RECORD—SENATE February 1, 2001 meet on Thursday, February 1, at 10:30 ADJOURNMENT UNTIL 10 A.M. PETER FERNANDEZ, OF NEW YORK JOHN S. NICHOLS, OF MARYLAND a.m. for a hearing entitled ‘‘High-Risk: MONDAY, FEBRUARY 5, 2001 RALPH IWAMOTO, JR., OF HAWAII Human Capital in the Federal Govern- The PRESIDING OFFICER. Under THE FOLLOWING-NAMED PERSONS OF THE DEPART- ment.’’ MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- the previous order, the Senate stands ICE OFFICERS OF THE CLASS STATED: The PRESIDING OFFICER. Without adjourned until 10 a.m. Monday, Feb- FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF objection, it is so ordered. CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE ruary 5, 2001, for a pro forma session DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- only. ICA, EFFECTIVE JANUARY 14, 2001: f Thereupon, the Senate, at 2:53 p.m., DEPARTMENT OF STATE adjourned until Monday, February 5, AN THANH LE, OF FLORIDA PRIVILEGE OF THE FLOOR 2001, at 10 a.m. JOSEPH T. ZUCCARINI, OF FLORIDA Mr. WELLSTONE. Mr. President, I f FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF CLASS THREE, CONSULAR OFFICER AND SECRETARY IN ask unanimous consent that Jay Barth, NOMINATIONS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF AMERICA, EFFECTIVE JANUARY 14, 2001 who is a fellow in my office, be allowed Executive nominations received by DEPARTMENT OF STATE to have privileges of the floor during the Senate February 1, 2001: DANIEL T. FROATS, OF CALIFORNIA the duration of this debate up to the DEPARTMENT OF STATE final vote. MICHAEL ANDREW ORDONEZ, OF WASHINGTON PAUL HENRY O’NEILL, OF PENNSYLVANIA, TO BE GAVIN ALEXANDER SUNDWALL, OF NORTH CAROLINA The PRESIDING OFFICER. Without UNITED STATES GOVERNOR OF THE INTERNATIONAL DAVID MICHAEL ZIMOV, OF OHIO objection, it is so ordered. MONETARY FUND FOR A TERM OF FIVE YEARS; UNITED FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF STATES GOVERNOR OF THE INTERNATIONAL BANK FOR Mr. WELLSTONE. I thank Jay Barth CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN RECONSTRUCTION AND DEVELOPMENT FOR A TERM OF THE DIPLOMATIC SERVICE OF THE UNITED STATES OF FIVE YEARS; UNITED STATES GOVERNOR OF THE INTER- for all of his help in our office. AMERICA, EFFECTIVE JANUARY 14, 2001: AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- DEPARTMENT OF STATE f VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; ABIGAIL KESSLER ARONSON, OF NEW JERSEY UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- ERIN C. BRANDT, OF MICHIGAN MENT FUND; UNITED STATES GOVERNOR OF THE EURO- DON L. BROWN, OF TEXAS ORDER FOR ADJOURNMENT PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. LINDA ELISA DAETWYLER, OF CALIFORNIA PAUL GRADY DEGLER, OF TEXAS The PRESIDING OFFICER. In my FOREIGN SERVICE CHERYL L. EICHORN, OF VIRGINIA capacity as the Senator from the State THE FOLLOWING-NAMED CAREER MEMBER OF THE JOSHUA D. GLAZEROFF, OF NEW YORK of Illinois, if there is no further busi- SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF AG- JOHN J. HILL, OF ALASKA RICULTURE FOR PROMOTION WITHIN THE SENIOR FOR- MICHELLE MARIE HOPKINS, OF CALIFORNIA ness to come before the Senate, I now EIGN SERVICE TO THE CLASS INDICATED: GEORGE W. LYNN, OF VIRGINIA ask unanimous consent that the Sen- CAREER MEMBER OF THE SENIOR FOREIGN SERVICE DOUGLAS L. PADGET, OF VIRGINIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- REBECCA ANN PASINI, OF INDIANA ate stand in adjournment under the ISTER-COUNSELOR: TROY ERIC PEDERSON, OF VIRGINIA SCOTT MICHAEL RENNER, OF COLORADO previous order, following the remarks JAMES D. GRUEFF, OF MARYLAND JOHN C. ROBERTS, OF MISSISSIPPI by the Senator from California, Mrs. THE FOLLOWING-NAMED CAREER MEMBERS OF THE ABIGAIL ELIZABETH RUPP, OF VIRGINIA AMY WING SCHEDLBAUER, OF TEXAS FEINSTEIN. FOREIGN SERVICE OF THE DEPARTMENT OF AGRI- CULTURE FOR PROMOTION INTO THE SENIOR FOREIGN Without objection, it is so ordered. SERVICE TO THE CLASS INDICATED: f The PRESIDING OFFICER. The Sen- CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE OF THE UNITED STATES OF AMERICA, CLASS OF COUN- ator from California is recognized. SELOR: CONFIRMATION Mrs. FEINSTEIN. I thank the Chair. SUZANNE E. HEINEN, OF MICHIGAN EXECUTIVE NOMINATION CON- ROBIN A. TILSWORTH, OF VIRGINIA (The remarks of Mrs. FEINSTEIN per- GEOFFREY W. WIGGIN, OF VIRGINIA FIRMED BY THE SENATE FEB- taining to the introduction of S. 244 are CAREER MEMBERS OF THE SENIOR FOREIGN SERVICE RUARY 1, 2001: located in today’s RECORD under OF THE UNITED STATES OF AMERICA, CLASS OF COUN- DEPARTMENT OF JUSTICE ‘‘Statements on Introduced Bills and SELOR, AND CONSULAR OFFICERS AND SECRETARIES IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF JOHN ASHCROFT, OF MISSOURI, TO BE ATTORNEY GEN- Joint Resolutions.’’) AMERICA: ERAL.

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