S1976 CONGRESSIONAL RECORD — SENATE March 16, 1998 nominee’s testimony last week and having We were also presented a list of 50 important for the Senate to carefully reviewed and considered the information cases in which we were given detailed fulfill its constitutional duty to advise that has been provided to the Committee by statements of sentences and judicial and consent to the President’s nomi- law enforcement officials about her conduct nees. Judge Learned Hand, referring to on the bench, her alleged bias against law rulings by this judge, prepared by dis- enforcement, her flawed judicial rulings, trict attorneys who had no obligation the lack of control over federal judges, and, above all, her apparent lack of candor to do that but did so because they were once said, ‘‘They can’t fired us. They with the Committee, I cannot in good con- concerned about it. Those cases have can’t even dock our pay.’’ science continue to give her the benefit of been around here for well over a month A Federal judge has extraordinary the doubt. I have the highest personal regard and have never really been effectively power. Many of those powers involve for Senator SPECTER, who has ably promoted rebutted. So I think to say the newly decisionmaking authority that is abso- her candidacy, but I now do not believe that uncovered twenty cases were somehow lutely unreviewable on appeal. For ex- Judge Massiah-Jackson should be confirmed ample, if a judge, at the conclusion of to a position on the federal bench. I take no critical in this matter is not really ac- curate. I think the new cases were ad- a prosecutor’s case, dismisses the case pleasure in voting against this nominee. She and grants a judgment of acquittal to a has obviously accomplished much in her life. ditional troublesome matters, but the Nevertheless, the Constitution obligates me whole list of cases previously submit- defendant, that is the same as a jury to evaluate this nominee with an eye toward ted were quite troubling also. verdict of acquittal, and the Govern- determining whether she will uphold the Just briefly, Madam President, while ment cannot appeal. Such directed ver- Constitution and whether she will abide by I am relieved that this nomination has dicts simply cannot be appealed. So I the judicial oath to ‘‘administer justice been withdrawn, I think it shows fully think it is important that this process without respect to persons . . . And impar- be allowed to work, and it did work. I tially discharge all the duties incumbent why the Senate should carefully and thoroughly examine judicial nominees. believe that Judge Massiah-Jackson [upon a federal judge].’’ I am not now con- will have the opportunity as a State vinced that she can abide by that oath and Specifically, I thank Senator JOHN judge to demonstrate her abilities and thus I feel obligated to cast my vote against ASHCROFT, who is here today, and Sen- skills there, to continue to serve the her. ator STROM THURMOND for placing a Mr. HATCH. I yield the floor. people of Pennsylvania. temporary hold on this nomination I was impressed with her demeanor Mr. SESSIONS addressed the Chair. after it was voted out of the Judiciary The PRESIDING OFFICER. The Sen- and courtesy and the way she handled Committee by a 12-to-6 vote last fall. herself at her hearing, but I do feel like ator from Alabama is recognized. At that time, this nomination was Mr. SESSIONS. Madam President, I the just conclusion was reached. moving toward confirmation last fall. thank the distinguished Senator from Madam President, that is the conclu- It is a classic example of why the Judi- Utah, the chairman of the Senate Judi- sion of my remarks. I yield the floor. ciary Committee and the Senate as a ciary Committee, for his leadership in Mr. ASHCROFT addressed the Chair. whole should deliberately screen judi- this matter and in so many other mat- The PRESIDING OFFICER. The Sen- cial nominees. President Clinton has ters. He is an outstanding legal schol- ator from Missouri is recognized. suggested that the Senate should speed Mr. ASHCROFT. May I inquire as to ar, an outstanding lawyer, a man of in- up confirmation of Federal judges. the state of the proceedings. tegrity, ability, and fairness who works With all due respect, the Massiah- The PRESIDING OFFICER. We are in extraordinarily hard to make sure ev- Jackson nomination demonstrates why a period for morning business, with eryone who comes before the commit- the Senate should confirm Federal statements limited to 10 minutes. tee has a thorough opportunity to ex- judges at a fair but careful pace. Mr. ASHCROFT. I ask unanimous press themselves and to defend them- Judge Massiah-Jackson’s nomination consent that I be able to speak for up selves, and that others who have infor- was reported out of the Judiciary Com- to 15 minutes. mation to share are allowed to do so. mittee with approximately a dozen The PRESIDING OFFICER. Without I think it was an extraordinary event other judicial nominees at the end of objection, it is so ordered. that he allowed a second hearing to be last year. There was an effort to con- Mr. ASHCROFT. Thank you. held for the Massiah-Jackson nomina- firm these judges quickly before the f tion. That was a very fair thing to do. year ended. Without Senator I agree with the distinguished chair- CRISIS AT THE WHITE HOUSE ASHCROFT’s and Senator THURMOND’s man that it is a good idea and a good Mr. ASHCROFT. Madam President, temporary holds, this nominee would thing that this nomination has been the events surrounding the President have been confirmed, I have no doubt. withdrawn. of the United States and the White Ms. Frederica Massiah-Jackson has a If this had happened, it would have House of the United States find us in a number of problems with her nomina- been unfortunate, because many of peculiar and uncomfortable situation. tion. I would just like to make a few Judge Jackson’s unacceptable deci- It is, however, more than peculiar, and points about the process and about her sions had not yet been uncovered. it is more than discomforting. It may, In addition, as of last fall, the above- nomination. in fact, be disabling. The President has District Attorney Lynne Abraham, a mentioned law enforcement organiza- sought to defend his conduct and to de- Democrat in Philadelphia, who has tions had not studied this nominee’s fend his circumstance by saying it’s OK served a number of years, and has also record in detail. In fact, when Judge to be able to become compartmen- served on the judicial bench in Penn- Massiah-Jackson’s nomination was re- talized or to segment his personal life sylvania with Judge Massiah-Jackson, ported out of committee, none of these from his public life. At least this is the wrote us a letter saying that she had groups formally opposed the nomina- spin which comes from the White not opposed or commented on nomi- tion. In fact, Senator SPECTER held a House. I perhaps should not say that nees of any kind before, but she wrote hearing in Pennsylvania to allow peo- that comes from the President’s own a letter stating she felt that she should ple to state objections. He gave them mouth. do so on this occasion. an opportunity to do so, but none came I think the Congress has sort of Among other things, she said: forth at that time. Without Senator bought into the compartmentalization This nominee’s judicial service is replete ASHCROFT’s and Senator THURMOND’s of this crisis at the White House. We with instances of demonstrated leniency to- hold, this nominee would have been discuss it on the talk shows, we discuss ward criminals, an adversarial attitude to- confirmed, in all probability, before it in the cloakrooms, but we don’t dis- ward police and disrespect toward prosecu- her record had been adequately exam- cuss it on the Senate floor. tors unmatched by any other present or ined. The new allegations against Presi- former jurist with whom I am familiar. A Federal judgeship is a lifetime ap- dent Clinton are grave. They carry se- That was a letter written reluctantly pointment. The confirmation process is rious implications, not just for the and in sadness, but a letter I think she the only chance to review a judicial President but for the Nation as a felt she had to share with us. Her opin- nominee’s qualifications. The con- whole, and it is time for us to consider ion was shared by the District Attor- firmation process is literally the point them in the U.S. Senate. neys Association in Pennsylvania, the of no return. Unlike State judges, Fed- Kathleen Willey is a longtime friend Fraternal Order of Police, and the Na- eral judges cannot be recalled or voted of the President. She was a strong Clin- tional Fraternal Order of Police. from office. This is why it is so vitally ton supporter. She was his employee in March 16, 1998 CONGRESSIONAL RECORD — SENATE S1977 the White House. She accused this Finally, President Clinton’s moral though the letter is really a with- President of sexual assault just outside leadership has been destroyed. It can drawal request from the nominee her- the Oval Office and of lying under oath. be regained only if he proves that these self. I remain troubled that this indi- The President’s response has been to charges are false, if he clears the air vidual was nominated for a lifetime ap- tell us only that he is ‘‘mystified’’ and here, if he makes a complete statement pointment in the first place, and, once ‘‘disappointed.’’ understanding to the American people, nominated, did not withdraw sooner. Mystified and disappointed? My and assures them of his situation. One enduring lesson of this nomina- thoughts exactly. I am mystified that I had hoped that Bill Clinton would tion is that it is critical for the Senate the President has refused to account address these charges through a direct to take its constitutional advice and fully for his actions and disappointed and candid accounting to his employ- consent role seriously. We have heard that President Clinton would sacrifice ers, the American people. But, yes, he much in recent weeks about the so- the Office of the Presidency in order to did choose to stonewall. He cannot called ‘‘vacancy crisis’’ in the Federal promote his own personal concerns or hope to regain his moral authority to courts and that the Senate needs to save himself. lead unless he makes a full and candid speed up its processes to give judicial Back in January when the Monica accounting to the people, and he does nominees a quick up-or-down vote. To- Lewinsky scandal erupted, I said if the so immediately. It is inevitable that day’s action by the administration allegations were true, the President the truth will prevail. And I would pre- agreeing to withdraw this nomination had disgraced himself and his office vail on the President to account fully demonstrates the danger of worrying and should resign. I stand here this for his actions without further delay. more about filling the courts than ful- afternoon to renew my call. If Mrs. A final point. These allegations are filling our constitutional obligation to Willey’s charges are true, then the serious. They deal with charges of per- screen judicial nominees. President should resign. jury, obstruction of justice, and sexual Last November, this nomination was Permit me to make three observa- assault. For Kathleen Willey’s sake, on the verge of confirmation. At the tions about Mrs. Willey’s accusations conservatives ought not be rejoicing, end of the last session, there was a tre- or charges. and we ought not to be laughing. I mendous effort to rush a number of First, the Willey allegations increase deeply regret having joked about the nominations, including this one, through the Senate along with others the likelihood that the House will be Lewinsky affair in remarks that I in a series of confirmations at the close forced to open impeachment proceed- made earlier. It was inappropriate, and of business. I resisted those efforts be- ings. The Clinton-Willey conflict I was wrong. There is nothing funny cause I felt this nomination had seri- brings the murky details of this sordid here. The allegations of Kathleen Wil- ous defects that demanded complete affair into the light of open day. The ley make clear to all of us that there is examination in the light of day. Once President is accused of committing nothing funny here. This is not com- this nominee’s record was examined in sexual assault and lying under oath. edy; this is tragedy. the open, it became clear—including Mrs. Willey and the President have Mrs. Willey’s appearance last night clear, I think, ultimately to the Presi- sworn to irreconcilable versions of the on the CBS program ‘‘60 Minutes’’ I dent—that this nominee was not fit. I facts. These charges are serious, and think exposed America to an individual also resisted those efforts because law they must be resolved. They cannot who was vulnerable, who was in dis- enforcement officials in Philadelphia both be telling the truth. And America tress, who was in need, and trusted the informed me that they were gathering cannot walk away. President of the United States. And it additional information concerning the The Congress, for our part, must have is very clear that she thoroughly be- nominee. In the light of these concerns, the courage to do what we know to be lieves that her trust was betrayed in a right. The alleged conduct, if true, I be- I placed a hold on this nomination, and substantial and significant way. I refused to lift it despite the insist- lieve constitutes an impeachable of- A betrayal of trust by the President fense. Congress should stop looking at ence of several. of the United States is an important Some would point to this as an un- the polls and start looking at the Con- matter, particularly if it relates to the necessary delay that has contributed stitution, stop thinking about self- way in which his office is conducted, to the so-called ‘‘vacancy crisis.’’ But preservation and start thinking about particularly if it relates to an individ- we would be creating an actual crisis, how justice can best be served. Madam ual who is particularly vulnerable, an not solving an imagined one, by giving President, justice should never be de- employee, particularly if it relates to individuals confirmation when they do nied simply because it is uncomfort- an incident that takes place in the con- not deserve it. We would have been cre- able. text of the White House and the Oval ating, in my judgment, a crisis by con- Second, the White House must drop Office. And I found her testimony to be firming Judge Frederica Massiah-Jack- the myth that the President is not dis- compelling and convincing. I believe it son with a lifetime appointment. tracted by the maelstrom of allega- makes, again, the clear case for the ne- The Senate has a constitutional obli- tions which are surrounding him. The cessity of the President to explain fully gation to give its advice to the Presi- President has lost control of his per- his situation to the American people. dent with respect to judicial nominees sonal legal problems. Let us dispense f and, in a case like this, to withhold our with the fiction that the President is consent. I take this responsibility seri- able to work in ‘‘compartments,’’ all NOMINATION OF FREDERICA MASSIAH-JACKSON ously, and we must all take this re- the while hacking and clubbing at Ken sponsibility seriously, in the light of Starr and the officials charged with Mr. ASHCROFT. Madam President, I the nominees the President has sent to learning the truth. Instead, he has cho- want to take just a few minutes to the Senate. sen to stonewall. He now stands ac- speak about the nomination of Fred- This nominee demonstrates the cali- cused of an impeachable offense by a erica Massiah-Jackson to be a U.S. dis- ber of nominee the President has sent person who was his friend, political trict judge for the Eastern District of to the Senate. Notwithstanding his supporter, and employee. Pennsylvania, a nomination that was elaborate vetting process and the ABA Here is the truth. It is not possible withdrawn earlier today. I think this is screening, this is the nominee whom for the President to do his job while the right move at the wrong time. It President Clinton chooses for a life- dealing with this tide of accusations should have been clear to the adminis- time appointment. One has to wonder and innuendo. No one could do the job tration over a month ago when we de- about any vetting process that raises well. And neither can he. Already, the bated this nomination on the floor that no objections to a nominee like this Washington Post has reported that the this individual was not fit to serve as a one. And one has to wonder what kind President behaves like a person over- Federal judge appointed for life. of evaluation process the American Bar taken with anger at Kenneth Starr. Al- At that time, I called for the Presi- Association conducts that it deems ready, David Broder and other re- dent to withdraw the nomination. And Massiah-Jackson ‘‘qualified.’’ spected commentators have suggested I am glad that he has finally seen fit to But the truth of the matter is this: that the growing scandal is damaging do so, or that the administration fi- The Constitution does not give the Jus- the President’s ability to lead. nally saw fit to follow that course, al- tice Department, nor does it give the