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January 31, 2001 CONGRESSIONAL RECORD — SENATE S869 In my 2 years in the Senate, the Ron- PROVIDING FOR AN ADJOURN- against all enemies foreign and domes- nie White vote, led by Senator MENT OF THE HOUSE OF REP- tic. Ashcroft’s decision to use the Repub- RESENTATIVES I have heard arguments pro and con lican caucus to kill the nomination, Mr. HATCH. Mr. President, as in leg- with respect to this nomination. I am was the bleakest, most divisive and de- islative session, I ask unanimous con- not here to argue the case at all. I am structive moment I have experienced sent that the Senate proceed to the im- here merely to express my support for in my short stay in the Senate. It was mediate consideration of H. Con. Res. the nomination of John Ashcroft to be a moment utterly lacking in—to use 18, an adjournment resolution, which is Attorney General of the United States. our President’s words in his inau- at the desk. I further ask unanimous I will not fall out with anyone else who gural—civility, courage, compassion, consent that the resolution be agreed differs from my views. As I say, I am and character. to and the motion to reconsider be laid not here to debate my views. I know But the Ronnie White nomination upon the table. what my views are. I am going to state was just the most visible attempt by The PRESIDING OFFICER. Is there them, and they will be on the record. I Senator Ashcroft to kill a nomination. objection? do not fault anyone else on either side The list goes on and on: Fletcher, Mr. BYRD. Mr. President, reserving of the aisle or on either side of the Satcher, Lann Lee, Morrow, the right to object. question. This is for each Senator to Sotomayor, Paez, Dyk, Lynch, The PRESIDING OFFICER. The Sen- resolve in his or her own heart and in Hormel—and there are others. ator from West Virginia reserves the accordance with his or her own con- In just one term in the Senate, Sen- science. ator Ashcroft devoted himself to oppos- right to object. Mr. BYRD. I thank the Chair. What With respect to that provision in the ing—and when possible scuttling and are the terms of the adjournment reso- U.S. Constitution, investing in the U.S. derailing—any nominee, no matter how Senate the prerogative, the right, and well qualified and respected, who was lution? The PRESIDING OFFICER. The the duty of advising and consenting to in some way objectionable to his world nominations, I find no mandate as to view. It is virtually an inescapable con- clerk will report the resolution. The assistant legislative clerk read what a standard may be. I am not told clusion that with the new power he as follows: in that Constitution that I can or can- would have over the selection of A concurrent resolution (H. Con. Res. 18) not apply a standard that is ideological judges, Senator Ashcroft would seek in nature. I have no particular guid- out those who agree with his pas- providing for an adjournment of the House of Representatives. ance set forth in that Constitution ex- sionate views on choice and civil Mr. HATCH. It only affects the House cept exactly what it says. And I am rights, on a separation of church and confident, without any semblance of state, and gun control, among other and takes them out until next Tues- day. doubt, that as far as ability is con- issues, when he reviews judges. cerned to conduct the office of Attor- I urge my colleagues to read the Mr. BYRD. I thank the Senator. I ney General, there can be no question short article called ‘‘Judicial Des- have no objection. about Senator John Ashcroft’s ability potism’’ that Senator Ashcroft wrote a The PRESIDING OFFICER. Without objection, it is so ordered. to conduct that office. few short years ago. This was not He has held many offices. He has something written 25 years ago when The concurrent resolution (H. Con. Res. 18) was agreed to, as follows: been a Governor of the State of Mis- he was a young man forming his views. souri. He has been a United States Sen- H. CON. RES. 18 In ‘‘Judicial Despotism,’’ he vows to ator. He has been an attorney general Resolved by the House of Representatives (the stop any judicial nominee who would of the State of Missouri and, as I un- uphold Roe v. Wade. Nothing could be Senate concurring), That when the House ad- journs on the legislative day of Wednesday, derstand it, he has been the chairman— more results oriented. In the hearings, I may not have the title exactly right— Senator Ashcroft said he would be law January 31, 2001, it stand adjourned until 2 p.m. on Tuesday, February 6, 2001. of the National Association of Attor- oriented, not results oriented, but this f neys General of the United States. is as results oriented as it gets. These are very important offices. They If he is confirmed, I pray that more NOMINATION OF JOHN ASHCROFT are high offices. They are offices that moderate souls prevail in the selection TO BE ATTORNEY GENERAL OF reflect honor upon the holder thereof. of judges. But as it now stands, this THE UNITED STATES—Continued To have been selected for these high nomination poses an enormous threat The PRESIDING OFFICER. The Sen- offices, John Ashcroft must have en- to the future of the Federal judiciary, ator from West Virginia, Mr. BYRD, is joyed the respect and the confidence of and I would oppose the nomination for recognized. the people of Missouri and of his col- that reason alone. Mr. BYRD. I thank the Chair. leagues, other Attorneys General As I said when I started, this is a sad Mr. President, I daresay that each of throughout the United States. day—not a day for exultation, for hap- us has received an enormous amount of I, myself, do consider ideology when I piness, for parades. It is sad when the correspondence and a plethora of phone consider a nominee, for this office, At- Nation is divided. It is sad when a man calls about the nomination of Senator torney General, and in particular for who has served so long is the focal John Ashcroft to be Attorney General the offices of Federal district judge- point of such intense opposition. It is of the United States. ships or appellate judgeships, and U.S. sad when those of us who want to sup- The favorable correspondence tends Supreme Court Judgeships; yes, I do. I port a new President cannot. It is sad to emphasize support for the Senator’s apply my own standards of ideology, when, as a nation, a nation trying to policy priorities and appreciation of and lay them down beside the record, if bind itself together, we find salt his reputation for honesty and integ- there be such, of a nominee. And I may thrown in those wounds. rity. I just hope, and I believe, that we reach a judgment based on ideology. The unfavorable correspondence I have no problem with others who will have better days to look forward tends to emphasize concern about the want to apply the criterion of ideology. to. Mr. President, I yield the floor. Senator’s policy priorities and dis- I have no problem with those who say Mr. HATCH. Mr. President, I suggest approval of the standards that he ap- it should not be applied. This is for the absence of a quorum. plied as a United States Senator and in each Senator to determine. The PRESIDING OFFICER. The previous offices that he held, but par- It is our understanding, based on clerk will call the roll. ticularly to the standards he applied Senator Ashcroft’s record, certainly The assistant legislative clerk pro- with regard to the disposition of Presi- based on news reports, and other ceeded to call the roll. dential nominations. sources from which we might reach a Mr. HATCH. Mr. President, I ask Mr. President, I speak today for my- judgment, that Senator Ashcroft is a unanimous consent that the order for self as a Senator from the State of conservative. I personally have no the quorum call be rescinded. West Virginia, as one who has sworn an problem with that. I consider myself a The PRESIDING OFFICER. Without oath 16 times to support and defend the conservative in many ways; in some objection, it is so ordered. Constitution of the United States ways a liberal. VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.081 pfrm02 PsN: S31PT1 S870 CONGRESSIONAL RECORD — SENATE January 31, 2001 This nomination has been heatedly As far as I am concerned, any other Jew won’t put me at the head of the debated. There have been great and Senator may apply his own standards line. It is my belief in that Creator, the strong passions exhibited. That is all and say whatever he wants to. I only use of my talents as he gave them to right. I do not have any problem with have to answer for one person, and that me, and my own conscience that will that. I am glad that Members of the is the old boy looking back from the count. Senate take a matter such as this so glass when I pause in front of the mir- I am for Mr.
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