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. Ashcroft. I praise him, if seriously. We can feel strongly about ror. he has a religion that he is willing to these things I have heard no Senator indicate op- stand up for. I am not suggesting that I happen to be a Senator who believes position to the nominee on the basis of he is going to use that in one way or that when it comes to judges, they the nominee’s religion. I have heard the other as he has to deal with prob- ought to be conservative. I think that none. But there have been a few little lems that will come before him as At- if there is going to be a department of insinuations in some newspapers, in torney General, but I would much rath- our Government that wishes to be lib- the columns, to the extent that part of er believe a man who puts his hand on eral, then that is up to the people, if the opposition to this nominee may be that Bible and swears to support and they wish to elect persons with liberal on the basis of his being a Christian, defend the Constitution of the United outlooks, liberal philosophies, to the his adhering to the Christian religion. States against all enemies foreign and U.S. Senate or to the House of Rep- Mr. President, I salute the nominee domestic, I would feel safer believing resentatives—the legislative branch. It for being someone who has a religion. I that that individual will adhere to his is up to the people. think more public officials should have oath than I will have faith in an indi- The Chief Executive may be a liberal; a strong religious bent, and should be vidual who has no manifestation of re- he may be a conservative; or he may be willing to enunciate their faith, wheth- ligion whatsoever or who has no reli- both liberal in one instance, conserv- er it be Methodist, Jewish, Catholic, gion. ative in another. Who knows what lib- Muslim, Baptist, whatever. That is Here is a man who puts his hand on eral is and what conservative is? The fine. the Bible, the book our fathers and beauty is in the eye of the beholder— I am glad that there are people who mothers read, and swears an oath be- in many instances, certainly. But in bring to the realms of government a re- fore Almighty God and man. When he my own eye, looking at ROBERT BYRD— ligious faith. We need more of that. says that while he was a Senator he en- and who can see ROBERT BYRD from One does not need to be driven into the acted laws but when he becomes Attor- within? closet because he has religious faith. ney General he won’t enact laws any There is a poem—‘‘Just stand aside One should not allow himself to be longer, he will enforce the laws, I and see yourself go by.’’ I try to look at driven in the closet. I do not attempt should think that it would be cynical myself every now and then, especially to foist my faith on others, but I can not to take that man at his word. What as I pass the mirror. listen to any of them when it comes to else can we demand? A pound of flesh? When you get all you want in your struggle their prayers. I can listen—listen—with I take him at his word. He is a con- for pelf And the world makes you ‘‘King’’ for a day respect, and I can hear what they say. servative. I am a conservative. He may Then go to a mirror and look at yourself I have a son-in-law who is from Iran. be to my right on some issues. That is And see what that guy has to say. He grew up in a family of devout Mus- neither here nor there. He will have For it isn’t your father, or mother, or wife lims. Five times a day did my son-in- sworn that he will uphold, support, and Whose judgment upon you must pass The fellow whose verdict counts most in law’s father look toward Mecca and defend the Constitution, that he will your life pray. I could have no better son-in-law, enforce the law as he found it. I shall Is the [man looking] back from the glass. none better. I am proud of him. It does believe him. But as I see myself, I consider myself not matter to me what a man’s religion I wonder if Hugo Black would be con- to be a liberal on economic matters, is. It matters more that he has a reli- firmed by the Senate in today’s polit- generally; and a conservative on social gion. It is like the rules of the Senate. ical environment. He was confirmed by matters. Newspapers indicate that the It does not matter so much what a rule the United States Senate prior to the vehemence of the opposition to this of the Senate is. What matters most is revelation that he had been a member nomination is, in a measure, for the that there be a rule to go by. of the Ku Klux Klan. He had already purpose of sending a ‘‘shot across the In this regard, I remember the begin- been confirmed before that revelation bow’’ of the Executive, so that in the ning days of the Continental Congress appeared in the Hearst papers in 1937. future when it comes to Supreme Court in 1774. That First Continental Con- That is the year in which I married my nominations, the President will be very gress met on September 5, 1774. The wife, Erma, 1937. He had already been careful not to send up a conservative. next day, one of the members—it may confirmed. I do not have a very big gun, but my have been Cushing or Clark, Cushing of But there was an effort to have the little shot across the bow would be: Mr. Massachusetts or Clark of New Jer- Supreme Court reject him after that President, send us conservative judges. sey—stood to his feet and moved that information came to light, but the Su- That is the one department of the Gov- there be prayer at the beginning of preme Court denied that petition. I am ernment that I think should be con- each session. John Jay, who was an or- sure that in light of his past, had it servative. It should not make the laws. thodox Congregationalist, objected, as been known when the Senate confirmed It should not consider itself a perpetual did, I believe, John Rutledge of South him, Hugo Black may never have had and traveling constitutional conven- Carolina, objected on the basis that the opportunity to be the great jurist tion. It should construe the Constitu- this might cause some dissension, some that he became. So we cannot always tion and the laws that the legislature argumentation, so on. look at a person’s past and make an ac- makes. Whereupon Samuel Adams—the real curate judgment. And who am I to look The President was elected as a con- firebrand of the Revolution, along with at anybody’s past? Look at my own. servative. He did not get my vote, but Patrick Henry—stood to his feet and Someone has said that no man’s past he was elected as a conservative. I said: I am no bigot. I can hear a prayer will bear looking into. I think it is think that when it comes to the ap- by any of them. probably true. pointment of Federal judges, I hope he He, too, was a Congregationalist. I We are talking here in regard to Mr. will nominate conservatives. That is could listen to any of them, Adams Ashcroft’s past positions on various what he ought to do. He told the people said. ‘‘I move that Mr. Duche, an Epis- issues. But when he took those posi- he was conservative; and they should copalian clergyman, desired to rend tions, he took them not as Attorney expect that of him. prayers to the Congress tomorrow General of the United States, not as But entirely aside from that—and morning.’’ one who enforces the laws of the this Senator speaks only for himself in I feel the same as did Samuel Adams. United States. this regard—I think appointments to I can listen to any of them. We all As a legislator now for 54 years, the Federal bench should be of a con- stand before one God, and he will be going on 55, I have taken many con- servative bent. Judges have no business our judge. Whether I am a Methodist or troversial positions on issues. I think I trying to make the laws. Baptist or Episcopalian or Catholic or would be constitutionally capable of

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.085 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S871 putting aside my opinions, as I have seriously,’’ he said. ‘‘So, when I swear venile and Family Court Judges, Na- expressed them in the past—and many to uphold the law, I will keep my oath, tional Education Association, National of mine have been very strongly ex- so help me God.’’ Rehabilitation Association, National pressed—I would be capable, I would What more can I ask? Shall I go be- Voting Institute, Organization of Chi- like to think, of putting those aside hind these words and dig up what he nese Americans, Inc., Sierra Club, and enforcing the laws of the land might have written on this subject or United Auto Workers, US Action, Vic- without fear or favor, hewing to the that subject? Those who feel dif- tims Rights Political Action Com- line, if called upon to be the Attorney ferently may do so. But in this case, all mittee, Violence Policy Center, Youth General of the United States. It was things being considered, I have reason Law Center. never a job I would want. I think Mr. to believe that when he says he is a I ask unanimous consent that this Ashcroft can do that. man of strong religious faith, he means more complete list of the organizations The Constitution merely states that what he says when he takes the oath. I and individuals opposing this nomina- the President shall appoint public min- believe him. tion be printed in the RECORD. isters with the advice and consent of During his confirmation hearings, he There being no objection, the mate- the Senate. stated that he understands this obliga- rial was ordered to be printed in the As I say, this is not a specific stand- tion and fully intends to honor it. For RECORD, as follows: ard, nor even a mandate to review par- example, he indicated that he ‘‘will GROUPS OPPOSED TO THE NOMINATION OF JOHN ticular features of the nominee’s back- vigorously enforce and defend the con- ASHCROFT ground or capabilities. Rather, we are stitutionality’’ of the law barring har- AIDS Action, AFL–CIO, Alliance for Jus- enjoined to employ our judgment, a assment of patients entering abortion tice, American Association of University faculty which—however much we may clinics, despite any misgivings he Women, and ACLU. lament it—focuses on different factors might have about that law. American Federation of Teachers, Amer- ican Federation of State, County and Munic- in considering nominees for different I take him at his word. Although, I ipal Employees, American Jewish Congress, public offices and varies its approach do not agree with all of Senator Americans for Democratic Action, and in response to the needs of the times. Ashcroft’s views, as I have already in- Americans United for Separation of Church Thus, when it comes to our duty to dicated, I have no cause to doubt Sen- and State. provide advice and consent on Cabinet ator Ashcroft’s word or his sincerity Asian Pacific American Labor Alliance, nominations, we are plainly in an area regarding his fealty to an oath he will Baptist Joint Committee, Bar Association of where reasonable minds can differ, not swear before God and man. San Francisco, California Teachers Associa- tion, and Campaign for Tobacco Free Kids. only about the criteria, but even about As far as I am personally concerned, Center for Reproductive Law and Policy, the proper result given particular cri- it would be an act of supreme arro- Coalition to Stop Gun Violence, Common teria. No amount of pressure politics— gance on my part to doubt his inten- Cause, Common Sense for Drug Policy Legis- and no slickly packaged talking tion to honor such an oath. I will not lative Group, and Democracy 21. points—can alter this fundamental prejudge him in such a manner. Earth Justice Legal Defense Fund, Femi- fact. Given Senator Ashcroft’s back- nist Majority, Friends of the Earth, General I do not subscribe to the view that, ground, the position to which he has Board of Global Ministries of the United Methodist Church, and Handgun Control. barring the taint of criminality or dis- been nominated, and his assurances to Hispanic Bar Association of the District of honesty, the President is entitled to the Senate that he will faithfully up- Columbia, Human Rights Campaign, The have his nominations confirmed. I do hold the laws of the United States, I Interfaith Alliance, Japanese American Citi- not subscribe to that view. That is not believe he should be confirmed. zens League, and The Justice Policy Insti- what the Constitution says. I do sub- I yield the floor, Mr. President. tute. scribe to the view that law enforce- The PRESIDING OFFICER. The Sen- Lambda Legal Defense and Education ment officials of good will and ability ator from Vermont is recognized. Fund, Inc., Lawyers Committee for Civil Rights Under Law, Leadership Conference on can separate their policy preferences Mr. LEAHY. Mr. President, thank you. Civil Rights, Mexican American Legal De- from the performance of their official fense and Educational Fund, and Missouri duties. Mr. President, we have heard a lot Legislative Black Caucus. There is a distinct difference between said by my Republican friends and oth- Mound City Bar Association, NARAL, the role of a Senator as the drafter of ers that Senator Ashcroft’s nomination NAACP, National Office, NAACP, St. Louis laws and the role of the Attorney Gen- is opposed by ‘‘hard left’’ or ‘‘extrem- Branch, and NAACP, Mississippi State Con- eral as the enforcer of laws. Once Sen- ist’’ groups who are ‘‘far out of the ference. ator Ashcroft places his left hand on mainstream’’ of American politics. I National Abortion Federation, National see a pretty broad group here in these Asian Pacific American Legal Consortium, the Bible and swears to uphold the laws National Asian Pacific American Bar Asso- of the United States, he will be re- extreme or out of the mainstream ciation, National Association of Criminal quired to enforce even those laws about groups. I will read for the RECORD the Defense Lawyers, and National Black Wom- which he harbors serious reservations. names of those who oppose this nomi- en’s Health Project, Inc. Not only that, but given the fact that nation. National Coalition Minority Businesses, John Ashcroft is as I said, is reputed to Alliance for Justice, AFL–CIO, Amer- National Consumers League, National Coun- be a deeply religious man. ican Federation of Teachers, American cil of Jewish Women, National Council of Ju- I know not whether he is or isn’t. I Federation of State, County and Mu- venile and Family Court Judges, and Na- nicipal Employees, American Jewish tional Education Association. have never been one who has been close National Family Planning and Reproduc- to Mr. Ashcroft. I never served on any Congress, Americans United for Sepa- tive Health Association, National Voting committee with him. My conversations ration of Church and State, Asian Pa- Rights Institute, NOW Legal Defense Fund, with him have been very, very few. cific American Labor Alliance, Baptist National Partnership for Women & Families, He and I have not voted alike on Joint Committee, California Teachers and National Rehabilitation Association. many occasions. So I don’t come here Association, Campaign for Tobacco National Task Force on Violence Against today supporting Mr. Ashcroft because Free Kids, Coalition to Stop Gun Vio- Health Care Providers, National Voting In- lence, Friends of the Earth, General stitute, National Women’s Law Center, Orga- I know him well, or because we have nization of Chinese Americans, Inc., and Peo- been bosom friends, or because we Board of Global Ministries of the ple for the American Way. served on committees together, or even United Methodist Church, Handgun Physicians for Social Responsibility, because he is a U.S. Senator. But I be- Control, Hispanic Bar Association of Planned Parenthood, Public Campaign, Rain- lieve that that solemn vow will be the District of Columbia, The Inter- bow Push Coalition, Religious Coalition for taken seriously by him. faith Alliance, Japanese American Reproductive Choice, and St. Louis Black I am attempting to discharge my Citizens League, Justice Policy Insti- Leadership Roundtable. duty under the Constitution. That is tute, Leadership Conference on Civil Schiller Institute, Sierra Club, Texas Leg- islative Black Caucus, UAW, US Action, and the way I see it. Rights, National Asian Pacific Amer- Victims Rights Political Action Committee. Let me quote Senator Ashcroft’s own ican Legal Consortium, National Con- Violence Policy Center, Voters for Choice, words on that subject: ‘‘As a man of sumers League, National Council of Wisconsin Legislative Black & Hispanic Cau- faith, I take my word and my integrity Jewish Women, National Council of Ju- cus, Women’s International League for

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.086 pfrm02 PsN: S31PT1 S872 CONGRESSIONAL RECORD — SENATE January 31, 2001 Peace and Freedom, Women’s National pertain to affirmative action. Mr. Lee the Missouri court, he had voted 18 times to Democratic Club, and Youth Law Center. testified that he would enforce the Su- reverse the death sentence. In 10 of those 18 The PRESIDING OFFICER. The Sen- preme Court’s rulings on affirmative the court was unanimously for reversal. Sen- ator from New Mexico. action, including those that restricted ator Ashcroft hit at cases in which Judge White dissented. Mr. BINGAMAN. Mr. President, when affirmative action. Senator Ashcroft For appraisal of Judge White’s record in the roll is called on the nomination of opposed Mr. Lee’s nomination, presum- those cases I rely on Stuart Taylor Jr. of The John Ashcroft to Attorney General of ably because he feared that Mr. Lee National Journal, a conservative who is the United States, I will vote ‘‘no.’’ would actually uphold the law of the widely respected as a legal analyst. He The position of Attorney General is land in that regard. wrote: ‘‘The two dissents most directly as- not comparable to other Cabinet posi- The third reason for my vote will be sailed by Ashcroft in fact exude moderation tions. As head of the Department of Senator Ashcroft’s opposition to James and care in dealing with the tension between Justice, the Attorney General has crime-fighting and civil liberties.’’ Hormel as President Clinton’s choice One of the dissents was in a horrifying enormous independent responsibility to be Ambassador to Luxembourg. murder case—the murder, among others, of a and authority, neither of which is sub- I have never met Mr. Hormel. I was sheriff. Mr. Taylor wrote that Judge White’s ject directly to direction by the Presi- not involved in the committee delib- ‘‘conclusion was plausible, debatable, highly dent. erations on that nomination, but as far unpopular (especially among police) and (for The Attorney General also has enor- as I can determine, Mr. Hormel was op- that reason) courageous. For John Ashcroft mous discretion in choosing where to posed because of his admission that he to call it ‘pro-criminal’ was obscene.’’ use the power to prosecute and when to is gay. No other credible explanation In short, a judge who wrote a thoughtful, go to court to assert the rights of the for opposing Mr. Hormel has been of- reasoned dissent in a murder case was told that it disqualified him for a federal judge- People. Historically, the Attorney Gen- fered of which I am aware. ship. Think about what that means for our eral is the officer who has enforced the It is my view that the person en- constitutional system. Voting Rights Act and the other civil trusted with responsibility to fairly Judicial independence has been a funda- rights laws which have transformed and evenhandedly administer the law mental feature of the American system for our nation for the better in the last should not be suspected of discrimi- 200 years and more. We rely on judges to en- half century. nating against any nominee on that force the Constitution: to protect our lib- Given the great power which has basis. erties. But a judge who does so in a con- been lodged in this office, it is impor- Other actions and statements could troversial case is on notice from John be cited, but I will stop with those Ashcroft that he may be punished. The judge tant that the American people have must reject the constitutional claim, how- confidence in the fairness and impar- three. They are, in my view, legitimate ever meritorious, or face a malicious smear. tiality of the occupant of that office. It concerns, and in my view those con- There is a slimy feel to Senator Ashcroft’s is clear to me that many in our coun- cerns require a vote against Mr. behavior with Judge White. One of the Re- try lack that confidence in John Ashcroft to be our next Attorney Gen- publicans who voted against the judge at Ashcroft. His past actions and state- eral. The position of Attorney General Senator Ashcroft’s urging, Arlen Specter of ments raise legitimate concerns about is far too important to our Nation. Our Pennsylvania, told Judge White the other Nation is one that needs to be united day, ‘‘the Senate owes you an apology.’’ how he would carry out the duties of Commentators have urged Senator Ashcroft Attorney General. It is those legiti- rather than further divided at this to apologize, but he has refused. mate concerns that lead me to oppose point in our history. I do not believe he That same sense of slipperiness is evident his nomination. is the right person for this job. in another matter: Senator Ashcroft’s role in What are those concerns? I yield the floor and suggest the ab- blocking the nomination of James Hormel to Other Senators have cited actions sence of a quorum. be ambassador to Luxembourg in 1998. Mr. and statements which they find objec- The PRESIDING OFFICER. The Hormel is gay. Senator Ashcroft explaining tionable. I will mention three. clerk will call the roll. his opposition, said Mr. Hormel ‘‘has been a First, the decision to oppose Judge The legislative clerk proceeded to leader in promoting a lifestyle,’’ and that was ‘‘likely to be offensive’’ in Luxembourg. Ronnie White’s nomination to the U.S. call the roll. The PRESIDING OFFICER. The Sen- But 10 days ago, when Senator Patrick District Court for Missouri. In my Leahy, a Democrat of Vermont, asked view, the decision to oppose Judge ator from Vermont. whether he had opposed Mr. Hormel because Ronnie White was both unfortunate Mr. LEAHY. Mr. President, I ask he is gay, Senator Ashcroft replied, ‘‘I did and unfair. Judge White’s record and unanimous consent that the order for not.’’ Why, then, had he opposed the nomina- views were distorted in the debate on the quorum call be rescinded. tion? Senator Leahy asked. the Senate floor. Perhaps even more The PRESIDING OFFICER. Without ‘‘Well frankly,’’ Senator Ashcroft replied, ‘‘I had known Mr. Hormel for a long time. He disturbing was the way in which Sen- objection, it is so ordered. Mr. LEAHY. Mr. President, I ask had recruited me, when I was a student in ator Ashcroft determined to oppose unanimous consent to have printed in college, to go to the University of Chicago Judge White’s nomination. Each of us Law School [where Mr. Hormel was then an the RECORD a number of editorials re- here in the Senate knows that we have assistant dean]....I made a judgment that garding his nomination from the New ample opportunity to voice objections it would be ill advised to make him an am- York Times, USA Today, the Akron about judicial nominees from our own bassador based on the totality of the Beacon Journal, St. Louis Post-Dis- state long before a nomination ever record.’’ patch, and the Pittsburgh Post-Ga- After that testimony, Mr. Hormel wrote reaches the Senate floor. In the case of zette. Senator Leahy that he had not ‘‘recruited’’ Judge White, Senator Ashcroft chose There being no objection, the mate- Mr. Ashcroft or anyone to Chicago, which to delay serious objection to Judge rial was ordered to be printed in the needed no recruiting; that he could recall no White until the question came before RECORD, as follows: personal conversation with Mr. Ashcroft the full Senate for debate. During that then and had not seen him for nearly 34 [From the New York Times, Jan. 27, 2001] debate, Judge White, the highest rank- years. He added that he had asked to talk WHAT ASHCROFT DID ing African-American jurist in Mis- with Senator Ashcroft in 1998 about the Lux- souri, was publicly humiliated. This (By Anthony Lewis) embourg nomination but had gotten no re- sponse. treatment was anything but fair. It BOSTON.—Even some conservatives are em- barrassed now by the way Senator John Trying now to appear as someone who will was a sad day in the United States Sen- Ashcroft killed the nomination of Ronnie act equitably to all, Senator Ashcroft was ate. White to be a federal judge. He told his Re- not man enough to admit that he had op- A second reason for my opposition to publican colleagues that Judge White, of the posed Mr. Hormel because of his sexual ori- Senator Ashcroft’s nomination is his Missouri Supreme Court, had shown ‘‘a tre- entation. He resorted instead to the false implacable opposition to the appoint- mendous bent toward criminal activity.’’ It suggestion that he was well acquainted with ment of Bill Lann Lee to head up the was a baseless smear. Mr. Hormel over decades and his ‘‘record’’ Civil Rights Division at the Justice De- But it was not just dirty politics. It was was bad. Supporters of Senator Ashcroft say it is partment in the previous administra- dangerous, in a way that casts doubt on Sen- ator Ashcroft’s fitness to be attorney gen- improper to object to him because of his tion. Senator Ashcroft’s opposition was eral. ideolgy—a president should be free to have clearly based on Mr. Lee’s support for Judge White was attacked by Senator cabinet members of whatever ideology he upholding the nation’s laws as they Ashcroft because, in 59 capital cases before chooses. Even with the greatest latitude for

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.033 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S873 the cabinet, Senator Ashcroft’s extreme- Ashcroft offered limp evasions. He ‘‘should souri Supreme Court, testified at the con- right politics make him a dubious choice for do more due diligence’’ on the magazine, he firmation hearing. Bill Clinton appointed attorney general. But what makes him, fi- said, and he’ll continue to speak at places White to a position on the federal district nally, unfit for the job is that, in Stuart here he can ‘‘unite people.’’ That doesn’t court. In 1999, Sen. Ashcroft, a fellow Mis- Taylor’s words, ‘‘A character assassin should sound like a man who would use the power of sourian, almost singlehandedly defeated the not be attorney general.’’ his office to fight racial bias. White nomination, and the way he did so Ideology over justice. Ashcroft, who fero- raises questions about his judgment. [From the USA Today, Jan. 26, 2001] ciously opposed several Clinton nominees Ashcroft misled his colleagues. He rallied ASHCROFT RIGHTS RECORD BEARS CAREFUL with whom he differed ideologically, dis- law enforcement organizations to oppose the WATCHING played no better sense of fairness even as he White nominations, all the while leaving the sought Senate approval. impression they had come forward on their OUR VIEW: HIS TESTIMONY SAID ONE THING; HIS He repeated his harsh attack on an Afri- own. He grossly distorted the White record, RECORD ANOTHER can-American Missouri Supreme Court describing the judge as ‘‘pro-criminal’’ and When Senate Democrats forced postpone- judge, whom he had labeled ‘‘pro-criminal.’’ ‘‘with a tremendous bent toward criminal ac- ment of a vote Wednesday on a confirmation Ashcroft torpedoed the judge’s 1999 nomina- tivity.’’ He painted the portrait of a judge of John Ashcroft, it was less a victory than tion to the federal bench even though the determined to reverse death sentences. a delay of the inevitable. Ashcroft will be at- judge voted to uphold 70% of the death sen- In truth, White voted to uphold the death torney general. But whether Ashcroft will tences he reviewed. Also, Ashcroft evaded penalty in 41 of 59 cases before the Missouri perform that office’s most vital role—pro- specific questions about opposition to Clin- high court. He sided with the majority in 53 tecting citizens against abuses of power they ton nominee James Hormel as ambassador to of those cases. Ashcroft defended his opposi- can’t combat themselves—remains very Luxembourg. According to news accounts, tion last week, arguing that he considered much in doubt. Ashcroft criticized Hormel, a gay business- the ‘‘totality’’ of the judge’s record. If any- History has shown this to be the most last- man, for supporting ‘‘the gay lifestyle.’’ thing, that record, as White quietly and pow- ing accomplishment of many attorneys gen- Presidents get, and in most cases deserve, erfully made obvious, has reflected sound eral. Herbert Brownell Jr., who served wide latitude to pick a top team that reflects reasoning and a dedication to the law (as Dwight D. Eisenhower, advised federal inter- their philosophy, but that comes with a many police groups acknowledge). vention when the doors to a Little Rock price: They bear responsibility for their ap- Sen. Arlen Specter, a Pennsylvania Repub- school were barred to the first black stu- pointees’ actions. President Bush, who can’t lican, felt the duty to apologize to White for dents. As John F. Kennedy’s attorney gen- afford to offend minority voters by aban- the way he had been treated. The judge eral, Robert Kennedy led the government’s doning civil rights, may hold tight rein on framed the issue of Ashcroft’s nomination: fight against racial violence in the South. the Justice Department. Moreover, much ‘‘The question for the Senate is whether And most recently, Janet Reno worked to as- will depend on those named to key jobs just these misrepresentations are consistent with sure women their constitutional right to an below attorney general, particularly the de- the fair play and justice that you all would abortion free from threat or violence. partment’s civil rights chief. Those nomi- require of the U.S. attorney general.’’ There will be quick and ample opportunity nees deserve particular scrutiny. The White nomination doesn’t tell the en- for a confirmed Ashcroft to show such lead- Ashcroft himself faces several early tests tire story of John Ashcroft. As a former ership on everything from voting to abortion of his commitment to fairness. He’ll decide state attorney general, governor and sen- rights. But the troubling questions remain: whether the U.S. government pursues allega- ator, he is highly qualified to lead the De- Will the nation get the man of measured tions of voter discrimination in Florida in partment of Justice. He has governed from views portrayed at his recent confirmation the presidential election. He’ll help deter- the center and with integrity, enforcing the hearings? Or the ferocious ideologue who mine whether race has been used wrongly to law whether he has agreed with its direction served in the Senate and as Missouri’s attor- draw new congressional districts nationwide. or not. ney general and governor? He’ll play a major role in picking new fed- His zealotry has also been front and center. Ashcroft said all of the right things about eral judges and potentially Supreme Court He has yet to explain clearly his opposition being willing to uphold the law. But grudg- justices. And he’ll influence the nation’s to James Hormel to be ambassador to Lux- ingly upholding it and actively fighting for stand on future restrictions on abortion and embourg, except to suggest that he was of- it are very different. Ashcroft’s long public on the use of race in government hiring and fended because the nominee was gay. He per- record raises questions about his commit- college admissions. sisted in playing racial politics with a ment, which were enhanced at hearings last If Ashcroft indulges ideology over fairness, lengthy school desegregation case in St. week when he distorted, evaded and strained Bush will surely pay the price. But so, too, Louis. credulity in key areas, particularly civil would Americans who most need the law’s The Ashcroft record raises the question: rights: protection. That would be the real tragedy. Why didn’t George W. Bush nominate some- Fighting integration. Ashcroft has shown one else to be attorney general, someone who no inclination to fight for civil rights and in- [From the Akron Beacon Journal, Jan. 24, better reflected the themes of his inaugural deed battled for years against a voluntary 2001] address, conservative, yes, but far less polar- St. Louis busing plan that grew out of a izing and tempted by expediency? Fair play? THE PRESIDENT’S MAN—THE UGLY STORY OF lengthy court case. Assertions at last week’s Justice? John Ashcroft is the president’s THE RONNIE WHITE NOMINATION REVEALS hearings that he favors integration were un- man. dercut when he twisted his own record. WHAT A DISAPPOINTING CHOICE GEORGE W. BUSH HAS MADE Ashcroft told senators that Missouri was [From the St. Louis Post-Dispatch, Jan. 25, not a party to the desegregation lawsuit, Trent Lott has declared that John 2001] that it was ‘‘found guilty of no wrong’’ and Ashcroft will easily win confirmation as at- that when ‘‘the court made an order, I fol- torney general. The Senate Judiciary Com- A QUESTION OF FITNESS lowed’’ it. All distortions. The state was sued mittee was expected to vote today. That has ATTORNEY GENERAL in 1977, Ashcroft’s first full year as attorney been postponed. Still, the forecast of the John D. Ashcroft has spent the better part general. Judges repeatedly found state offi- Senate majority leader will likely prove true of his political career at odds with core val- cials liable, once calling them ‘‘primary con- in a week or two. A majority of senators will ues of the Constitution—equality, religious stitutional wrongdoers.’’ A federal judge consent to the choice of George W. Bush. freedom, judicial independence and indi- threatened contempt proceedings against the A president deserves to surround himself vidual autonomy. Now he is nominated to be state for defying orders. And in 1984, another with Cabinet officers and advisers in whom the people’s guardian of those values. The judge wrote, ‘‘if it were not for the state of he has confidence. That is part of even the conflict between his record and the duties of Missouri and its feckless appeals, perhaps slenderest mandate a president may win. It the office raises serious questions as to none of us would be here.’’ ensures that responsibility for an adminis- whether John Ashcroft should be confirmed Meanwhile, according to news accounts, tration falls on the person who occupies the as attorney general. Ashcroft rode the case to higher office: He Oval Office. Disagreeing with Mr. Ashcroft is not rea- bragged about his unbridled opposition and Those who’ve described the confirmation son enough to oppose him. Presidents are en- the threatened contempt citation. And he hearings on the Ashcroft nomination as titled, generally, to their pick of Cabinet ran a scathing TV ad suggesting that a GOP among the toughest ever forget the raucous members. if Mr. Ashcroft were the nominee primary opponent was too soft on busing. sessions over Clarence Thomas and Robert for secretary of agriculture there would be Insensitivity on race. Ashcroft’s Missouri Bork, to name just two. The politics in- no problem. But the attorney general vets history doesn’t mean he’s an overt racist. volved have been plain. The president hoped federal judges, enforces civil rights laws, Money was at issue as well as integration in to reassure arch conservatives with his safeguards the reproductive rights of women the St. Louis case. But he certainly seems choice. Liberal interest groups have kept and determines the legal position of the indifferent to minority concerns. Given their own lists, noting the performance of United States. ample opportunity to explain his acceptance Democratic allies in the Senate. Can Mr. Ashcroft fairly vet federal judges of an honorary degree from Bob Jones Uni- All of the clatter might have been dis- when he believes the judiciary is full of ‘‘ren- versity, a bastion of racial bias, and his missed as business as usual until Ronnie egade judges’’ who have created a ‘‘judicial praise for a neo-Confederate magazine, White, the first black man to sit on the Mis- tyranny’’ where courts are ‘‘nurseries for

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.048 pfrm02 PsN: S31PT1 S874 CONGRESSIONAL RECORD — SENATE January 31, 2001 vice?’’ Can he guard judicial independence That plan offered responsible politicians the government can’t tell us when or how to when he has repeatedly denied judgeships for the chance to support phased, voluntary de- worship. Yet Mr. Ashcroft has long supported political reasons? Can he enforce the civil segregation. But Mr. Ashcroft insisted on organized school prayer. He also supports rights laws when he has doggedly fought calling it ‘‘mandatory busing’’ and leveled a school vouchers, as does Mr. Bush, that school desegregation, affirmative action and devastating anti-busing TV ad at his oppo- would direct large sums of public money to gay rights? Can he protect women seeking nents in the 1984 governor’s race. U.S. Dis- church schools. As attorney general, Mr. abortions when he considers abortion mur- trict Judge William L. Hungate summed up Ashcroft would have the lead role in devel- der? Mr. Ashcroft’s behavior as ‘‘feckless,’’ saying oping the administration’s legal arguments John Ashcroft is indisputably a man of he ‘‘voluntarily rode (the desegregation) bus in favor of vouchers. His opposition to four principle. The problem is those principles to political prominence.’’ decades of Supreme Court decisions raises put him at odds with the Constitution, with In 1997 Mr. Ashcroft led the opposition to questions as to whether he believes in the contemporary notions of equality and with Bill Lann Lee, the Asian-American head of boundary between church and state. the mainstream of the American public. the Civil Rights Division. First, he distorted Perhaps, in several hours of testimony be- Mr. Lee’s position on affirmative action, JUDICIAL INDEPENDENCE fore the Senate Judiciary Committee this saying he favored quotas. Then, he said Mr. week, Mr. Ashcroft can explain why the na- Judicial independence is the rock that an- Lee should be rejected for holding a position chors our judiciary. But Mr. Ashcroft has un- tion should not feel uneasy with his steward- at odds with the Supreme Court’s, when in ship of values and principles at war with his dermined independence with his attacks on fact Mr. Lee favored affirmative action in own. Perhaps he can reassure the American judicial nominees. limited cases where the Supreme Court said people that he will enforce principles he has Mr. Ashcroft’s hostility to judicial inde- it could be used. pendence is an important lesson of the much- In 1999 Mr. Ashcroft accepted an honorary spent a quarter of a century—his entire ca- told story about his opposition to Ronnie degree from Bob Jones University, a fun- reer in public life—fighting. But how could a White as a federal judge. Mr. Ashcroft may damentalist Christian college that banned man swear to uphold constitutional values have been motivated by a feud with Mr. interracial dating until last March. Mr. he rejects, without betraying his own core White over abortion policy. But by basing Ashcroft’s claim that he did not know about beliefs? And who would place his trust in a his attack on Judge White’s death penalty the university’s discriminatory policies man willing to do so? decisions, Mr. Ashcroft sent a chill through stretches credulity. The college’s tax exempt Mr. Ashcroft should certainly have a the ranks of state judges hoping to be pro- status was a huge controversy during the chance to explain how. But if Mr. Bush want- moted to the federal bench. Mr. Ashcroft Reagan administration. ed a uniter, not a divider, he has the wrong said Mr. White was ‘‘pro-criminal’’ because Mr. Ashcroft’s civil rights record raises se- man at Justice. he had voted to overturn death sentences. In rious doubts about his commitment to fact, Mr. White had upheld 35 of the 55 death ‘‘equal protection’’ under the law—a seed of [From the Pittsburgh Post-Gazette, Jan. 24, sentences. liberty scarified by the flames of the Civil 2001] Mr. Ashcroft focused on Judge White’s lone War and brought to fruition by the civil ASHCROFT: STILL NO—SENATE HEARINGS dissent to the conviction of James R. John- rights movement. DON’T ALTER THE CASE AGAINST HIM son in the gruesome murder of a sheriff, two WOMEN AND REPRODUCTIVE FREEDOM The Senate Judiciary Committee could sheriff’s deputies and a sheriff’s wife. Judge Mr. Bush says Mr. Ashcroft ‘‘has a solid vote as early as today on the nomination of White spoke of his ‘‘horror at this carnage’’ record’’ on women’s issues, citing his ap- former Missouri Sen. John Ashcroft to be and said Johnson ‘‘deserved to die’’ if he was pointment of Ann Covington to the Missouri U.S. attorney general. Before last week’s not insane. But he concluded that Johnson’s Supreme Court and his support for money to hearings by the committee, the Post-Gazette lawyer was so incompetent that he had not combat violence against women. suggested that Mr. Ashcroft was the wrong received effective counsel. But the Women’s Political Caucus ranked man for the job. Nothing that transpired in A lone dissent in the case that arouses Mr. Ashcroft last in the nation for appoint- the hearings changed our view. such public passion is the essence of judicial ing women while he was governor of Mis- It is true that Mr. Ashcroft, who was nomi- independence. Charles Blackmar, a retired souri. As Missouri’s attorney general, he op- nated by President Bush as a gesture to reli- Supreme Court judge, called Mr. Ashcroft’s posed the Equal Rights Amendment. When gious conservatives, assured senators he the National Organization for Women boy- attack ‘‘tampering with the judiciary.’’ would enforce laws he didn’t agree with. He cotted Missouri for opposing the amendment, Mr. White is not a perfect man, nor is he even made a specific commitment not to the nation’s keenest jurist. But he upheld he stretched antitrust laws to sue the group. In every office that he has held, Mr. seek a reversal of Supreme Court decisions the highest values of a judge in his dissent. legalizing abortion, which he called ‘‘settled Will Mr. Ashcroft reject for the federal bench Ashcroft has fought abortion. He supported a Human Life Amendment even before Roe v. law.’’ those judges with the temerity to overturn a Almost four years ago, in a lecture to the death sentence? Wade. In his view, Roe and its ‘‘illegitimate progeny have occasioned the slaughter of 35 Heritage Foundation, Mr. Ashcroft had a dif- Mr. Ashcroft’s record in Missouri raises ferent description of the high court’s abor- similar questions. Judicial nominees say million innocents.’’ As Missouri’s attorney general, he person- tion rulings. Referring to a 1992 decision re- that Mr. Ashcroft asked them their views ally sought to limit abortion in an argument affirming Roe vs. Wade, he complained that about abortion before deciding whether to to the Supreme Court. As governor, he in that ruling ‘‘the Supreme Court chal- nominate them. signed the law that led to the 1989 Supreme lenged God’s ability to mark when life begins CIVIL RIGHTS Court decision that came within one vote of and ends.’’ In the same lecture, he echoed a Mr. Bush says that Mr. Ashcroft ‘‘has a overturning Roe. Mr. Ashcroft has said his familiar conservative critique of what he strong civil rights record.’’ As evidence he top priority is the Human Life Amendment; called ‘‘appalling judicial activism.’’ cites Mr. Ashcroft’s appointment of eight Af- it would only allow an abortion to save the As we observed before, the question is not rican-Americans to Missouri judgeships, a life of the mother. There would be no excep- whether Mr. Ashcroft can put aside his his- past commendation from the Mound City tion for rape or incest. Nor could states pass tory of being an extreme critic of the federal Bar Association, an endorsement by the laws permitting abortion. Its tenet that life courts and of some of the statutes and court Limelight newspaper, his support of Lincoln begins at conception raises questions about decisions he will have to enforce. The ques- University and his signing of bills honoring the legality of birth control pills, IUDs and tion is why the Senate should force him to Martin Luther King and establishing Scott the abortion drug RU–486, which Mr. Bush perform the intellectual contortions that Joplin’s home as a historic site. may also seek to restrict. transformation would require. The appointment of eight black judges is a Mr. Ashcroft has supported a partial birth In raw political terms, it made sense for substantive accomplishment. The rest is abortion bill that does not include an excep- George W. Bush, who received significant re´sume´ padding. Mr. Ashcroft was only mar- tion for the health of the mother, even support from the religious right in his elec- ginally involved in the Scott Joplin house. though the Supreme Court says that excep- tion campaign, to make what one of his aides The Limelight is a free, marginal publica- tion is required. called a ‘‘message appointment’’ that would tion, by no means the largest or most influ- Mr. Bush says he does not think the nation please that constituency. Senators who see ential African-American newspaper in St. is ‘‘ready’’ to overturn Roe and says he will the world differently—like Pennsylvania’s Louis. The Mound City Bar Association, a focus on bills such as one outlawing partial Arlen Specter—are under not obligation to black lawyers’ group, does not support Mr. birth abortion. Mr. Bush and Mr. Ashcroft follow suit by confirming Mr. Ashcroft. Ashcroft because of the ‘‘insidious’’ way he have also said they will uphold the law pro- Yet Mr. Specter went on record early say- killed Mr. White’s nomination. tecting women’s access to abortion clinics. ing he would support Mr. Ashcroft ‘‘unless The actual Ashcroft civil rights record is But Mr. Ashcroft would have ample room as something extraordinary’’ developed in the weak and regressive. As state attorney gen- attorney general to advocate positions that confirmation hearings. Predictably, no such eral he denied that the St. Louis schools would undermine Roe. And he could help ‘‘smoking gun’’ materialized. Moreover, the were segregated. He lobbied members of the pick Supreme Court justices who would read witness Ashcroft opponents had most count- Reagan Civil Rights Division to switch sides it out of the Constitution. ed on, Missouri Supreme Court Judge Ronnie in the St. Louis school desegregation case, RELIGIOUS FREEDOM White, while eloquent, was in some ways a and eventually became the desegregation Organized prayer in the public schools is disappointment. Judge White, an African plan’s chief opponent. unconstitutional. The First Amendment says American, declined an opportunity to impute

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.053 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S875 racism to then-Sen. Ashcroft’s disgraceful because it would lead to incredible and involve a variety of different fac- derailment of his nomination to the federal costs for the State—estimates put the tual and constitutional issues. Perhaps bench. total cost of desegregation at an in- Senator Ashcroft made some prelimi- But the issue wasn’t whether Mr. Ashcroft is a racist. It was that he unfairly distorted credible $1.8 billion to the State. To nary statements that were incomplete, Judge White’s record by branding him as put this in perspective, Missouri’s fis- but when questioned further, he clari- ‘‘pro-criminal.’’ That charge is more under- cal year 2001 budget is $17 billion. At fied his answers. Moreover, in an ex- standable in the context of Mr. Ashcroft’s that time it was much less. In other tended response to a written question, general attitude toward judges he considers words, he wanted to prevent, as did vir- he fully detailed Missouri’s liability appalling activists and subverters of the di- tually everybody in government, a ju- and involvement with the case. vine will. dicial raid on the state treasury, some- Senator Ashcroft has acknowledged There is no need to impugn Mr. Ashcroft’s that the State was found liable for de- integrity or his legal skills to oppose his thing that all of us ought to be con- nomination. Unlike other Cabinet officers, cerned about. segregation. However, the State was the attorney general is beholden not just to Indeed, the combined costs of the St. found liable only for an intra-district the president who appoints him but also to a Louis and Kansas City desegregation violation, that is a violation in the one body of law that, in many respects, is plans have been higher than the costs district of St. Louis. The State was uncongenial to John Ashcroft but vital to of desegregation in all the other states never at any time adjudged liable for women, minorities and other Americans who combined, with the exception of Cali- an intra-district violation involving find his demonization of the courts bizarre. fornia. Moreover, the way the plan was the St. Louis suburbs—this is the bot- It was symbolism that led President Bush to nominate Mr. Ashcroft; senators who are structured most of the money was fun- tom line of a long and somewhat uncomfortable with that symbolism—Arlen neled to the white suburbs. In 1996, murky legal record. Specter among them, we hope—should reject when the total cost of the program was The fact that Missouri was never the nomination. $1.3 billion, only between $100 and $200 found to have committed an interdis- Mr. HATCH. Mr. President, since we million went to the St. Louis schools. trict violation is easily proved. Con- have a lull, I will take a few moments That doesn’t sound like desegregation sider that throughout 1981 and 1982 the to make some points I think need to be to me. Yet that is what these liberals parties and the court were preparing made in light of some of the state- have been arguing for. for a trial on the very question of ments that have been made. We have The results of these court-ordered interdistrict liability. It goes without been placing matters in the RECORD all remedies have been truly unimpressive. saying that a trial on the point would day, and hopefully people will read the For instance, test scores actually went have been unnecessary if liability had RECORD and realize some of the argu- down from 1990 to 1995. Scores on the already been determined. ments that have been made are not Stanford Achievement Test went from In fact there was never a trial on the only inconsequential but really not 36.5 to 31.1 at a time when the national interdistrict liability. This trial was right. mean was 50. It doesn’t sound like very averted because the suburban schools Let me rise today to address some of good desegregation to me. The gradua- and the St. Louis Board of Education the most common criticisms directed tion rate has remained around an abys- agreed to a consent decree. In fact, this against Senator Ashcroft. mal 30 percent. And as far as actual de- settlement was hastened when the dis- Certain allegations have surfaced segregation, the percentage of African- trict court announced that it would again and again, and they misrepresent American students in the St. Louis have to consolidate city and county Senator Ashcroft’s record and personal schools has remained almost identical school districts if at trial liability is character. I will address some of the to what it was when the plan started, proved of an interdistrict violation. most invidious of these charges. about 80 percent. The threat of consolidating suburban The primary criticism cited by my Yet our liberal friends, both in this and city school districts was enough to colleagues in opposition to Senator body and in the outside groups, would prompt the city and county to reach a Ashcroft are his involvement with have you believe Senator Ashcroft is settlement agreement, an agreement to school desegregation and his actions doing a terrible thing against desegre- which the State was not a party. The taken against the nominations of Ron- gation and against integration. And consent decree entered by the district nie White and Bill Lann Lee. they just plain don’t accept his very court did not contain the necessary First, let me address the criticisms honest statements that he has always finding of liability for an interdistrict made against Senator Ashcroft’s role been for desegregation and for integra- violation. Thus, a settlement was in the school desegregation cases in St. tion. He has never spoken against reached in which the State was re- Louis and Kansas City. There has been them. quired to pay for an inter-district rem- a significant distortion of his role in It has been suggested that then-At- edy between the city and county al- these cases and there are some things torney General Ashcroft’s lack of en- though it had never been found liabil- that I would like to make clear. thusiasm for this plan demonstrates in- ity of an inter-district violation. First, John Ashcroft supports inte- sensitivity toward the needs of the stu- Missouri’s arguments on appeal gration. He is not against desegrega- dents in St. Louis. against the district court’s order had a tion and said so repeatedly during the It has been suggested that then-At- strong legal basis. The Supreme Court four days of hearings and in response torney General Ashcroft’s lack of en- had previously held in Milliken that a to numerous written questions on the thusiasm for this plan demonstrates in- district court must find an interdis- subject. Senator Ashcroft testified, ‘‘I sensitivity toward the needs of the stu- trict violation before it can order an have always opposed segregation. I dents in St. Louis. But given these interdistrict remedy. Indeed, such a have never opposed integration. I be- unimpressive results and extraordinary remedy must also be narrowly tailored lieve that segregation is inconsistent costs, I think it seems perfectly under- to fit only the particular constitu- with the 14th amendment’s guarantee standable that many State officials tional violation. There was no finding of equal protection. I supported inte- from both political parties have con- of liability here, much less a deter- grating the schools.’’ Senator Ashcroft sistently had doubts about this plan. mination by the court that the settle- is deeply committed to civil rights and Indeed, Senator Ashcroft’s democratic ment met constitutional requirements. has stated that he intends to make this successor as attorney general took the Moreover, the State did not willfully one of his top priorities if confirmed as same position on behalf of the State of refuse to comply with the district Attorney General. Missouri. court’s orders. What the district court Second, all of Senator Ashcroft’s ac- Third, some of my colleagues have ordered was for the parties to the liti- tions with regard to desegregation oc- charged that Senator Ashcroft mis- gation to enter into a voluntary plan curred in his role as attorney general, represented his involvement with the for interdistrict transfers of students as the legal representative of the State desegregation cases. This is also a sig- to suburban schools. But such a plan of Missouri. As the State attorney gen- nificant distortion of Senator was an impossibility because the sub- eral he was required to defend the in- Ashcroft’s responses to a flurry of urban school districts were necessary terest of the State, his client. The questions. The Missouri school desegre- parties who were not before the court. State opposed voluntary desegregation gation cases are extremely complex No satisfactory plan was likely to be

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.057 pfrm02 PsN: S31PT1 S876 CONGRESSIONAL RECORD — SENATE January 31, 2001 produced under those circumstances. ceedings. As a matter of fact, it did not deal and came up from humble begin- Indeed, no successful plan was pro- happen. Yet there have been allusions nings. But his record of dissenting in duced until the suburban schools were here on the floor that there should death penalty cases was sufficiently joined and threatened by the district have been contempt proceedings. Come troubling to cause Senator Ashcroft court directly with being placed by the on, the law is pretty clear. This has and others to oppose the nomination. court into the same school district as been distorted. It is really offensive to Some of our colleagues have im- the city schools. have it distorted in a way that flies in pugned Senator Ashcroft’s motives for The district court did criticize the the way of true civil rights, a man who voting against Judge White. But Judge State, but it did not hold the State in basically has stood up for civil rights White’s nomination was strongly op- contempt. Probably because the court throughout his lifetime. posed by many of Senator Ashcroft’s realized that it had essentially ordered Another topic that has been brought constituents and also by major law en- the State and other defendants to per- up again and again is Senator forcement groups, including the Na- form an impossibility. Ashcroft’s opposition to Judge Ronnie tional Sheriffs’ Association and the Finally, Senator Ashcroft has been White. Mr. President, I am concerned Missouri Federation of Police Chiefs. criticized for being overly litigious in that some of my colleagues continue to Sheriff Kenny Jones, whose wife and the desegregation cases. But an elec- denigrate Senator Ashcroft for his in- colleagues were killed by Johnson tes- tronic search reveals that Senator volvement in the nomination of Judge tified: Ashcroft was actually the least liti- Ronnie White. It has been said that I opposed Judge White’s nomination to the gious of the attorneys general who rep- Senator Ashcroft distorted Judge federal bench, and I asked Senator Ashcroft resented the State during any signifi- to join me because of Judge White’s opinion White’s record and wrongly painted on a death penalty case . . . In his opinion, cant portion of this litigation. During him as pro-criminal and antilaw en- Judge White urged that Johnson be given a the 8 years that John Ashcroft was at- forcement. second chance at freedom. I cannot under- torney general, there are 18 entries re- But there were many reasons to vote stand his reasoning. I know that the four lating to this case. against confirmation for Judge White. people killed were not given a second chance. By comparison, during the 8 years In fact, every Republican did so. I have Finally, some of my colleagues have William Webster was attorney general, reviewed Judge White’s record and sev- alleged that Senator Ashcroft’s opposi- there are 34 entries. And during the 7 eral of his dissenting opinions in death tion to Judge White was underhanded years that Jay Nixon, a democrat, was penalty cases, and I can understand and done with stealth. Well, Senator attorney general, there are 22 entries. Senator Ashcroft’s opposition to Judge Ashcroft voted against Judge White’s Then-Attorney General Ashcroft did White’s nomination to the Federal nomination in committee. He ex- bring several appeals to the district bench. pressed his disapproval at that time. If court’s action. But this is understand- For instance in the Johnson case, the he had held up the nomination in com- able given that the courts never found defendant was convicted on four counts mittee without allowing it to proceed the State liable for an inter-district of first-degree murder for killing three to the floor he would have been criti- violation. A very key point, by the officers and the wife of the sheriff. cized for delay. way. Senator Ashcroft’s position on be- Johnson was sentenced to death on all Indeed, Senator BOXER pleaded dur- half of the State was eventually vindi- counts. On appeal, the Missouri Su- ing a debate about several judges in- cated in the Kansas City school deseg- preme Court upheld the decision, but cluding Ronnie White: regation litigation. That line of cases Judge White dissented arguing for a I beg of you, in the name of fairness and culminated in Missouri versus Jen- new trial based on ineffective assist- justice and all things that are good in our kins—in which the Supreme Court held ance of counsel. Judge White thought country, give people a chance. If you do not that an interdistrict violation is re- that Johnson deserved further oppor- think they are good, if you have a problem quired before a Federal court can im- tunity to present a defense based on with something they said or did, bring it down to the floor. We can debate it. But pose interdistrict remedies. post-traumatic stress disorder. But the please do not hold up these nominees. It is In sum, Senator Ashcroft was a faith- majority showed that there was no wrong. You would not do it to a friend. ful advocate for the State of Missouri. credible evidence that Johnson suffered Thus, Senator Ashcroft was between He defended the interests of all state from this disorder. Rather, it was clear a rock and a hard place as how to raise taxpayers through a series of legally that defense counsel had fabricated a his legitimate concerns about Judge justified appeals. The legal theories he story that was quickly disproved at White. advanced on behalf of the State were trial. For instance, defense counsel Senator Ashcroft is a man of tremen- eventually vindicated by the Supreme stated that Johnson had placed a pe- dous integrity, one of the most quali- Court. As Missouri attorney general he rimeter of cans and strings and had de- fied nominees for Attorney General supported improved educational oppor- flated the tires of his car. At trial, tes- that we have ever seen. His opposition tunities for children, not the failed and timony revealed that police officers to Judge White was principled and in extremely expensive court-ordered had taken these actions, not the de- keeping with the proper exercise of the remedies developed by the district fendant. constitutional advice and consent duty court. Senator Ashcroft’s actions con- Further, Congressman KENNETH of a Senator. I regret that we have testing the details of a complicated HULSHOF, the prosecutor in the John- needed to revisit this issue at such court-ordered busing scheme does not son case testified at Senator Ashcroft’s great length. mean that he opposed segregation. hearings that it was almost impossible Now, Mr. President, let me address Quite to the contrary, Senator to make out an argument for ineffec- one final issue that continues to come Ashcroft opposes segregation and sup- tive assistance of counsel because the up. Some critics of Senator Ashcroft ports integration, and he represented defendant ‘‘hired counsel of his own have stated that he distorted Bill Lann his client the State in good faith. choosing. He picked from our area in Lee’s record when he was nominated to Some remarks have been made about mid-Missouri what...I referred to as head the Civil Rights Division. But this some of the judge’s crusty remarks. a dream team.’’ is simply not the case. Mr. Lee had a For those of us who have been in litiga- Judge White has every right to pen a noted record of promoting and pre- tion before the Federal courts, we are dissent in Johnson and other cases in- serving race-conscious policies of ques- kind of used to those crusty remarks volving the death penalty. Similarly, tionable constitutionality. Opposition from time to time. Frankly, because every Senator has the duty to evaluate to Mr. Lee was not limited to Senator one single Federal judge of the approxi- these opinions as part of Judge White’s Ashcroft—nine Republicans on the Ju- mately 800 district and Federal judges judicial record. And that’s just what diciary Committee opposed this nomi- in this country makes a crusty remark, Senator Ashcroft did. At no time did nee, including myself. that should not be interpreted as con- Senator Ashcroft derogate Judge Let me say that I have the highest demnation of John Ashcroft or any White’s background. personal regard for Mr. Lee and the dif- other litigant before the court, nor was I consider Judge White to be a decent ficult circumstances in which his fam- there any indication of any kind of man with an impressive personal back- ily came to this country, worked hard, censure by the court or contempt pro- ground. He has accomplished a great and realized the American dream.

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.042 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S877 Despite this high personal regard, I ticular, guaranteeing legal rights for the ad- Mr. LEAHY. Mr. President, the Sen- was deeply concerned about Mr. Lee’s vancement of all Americans.... [O]ne of ator from Delaware was going to speak, nomination because much of his career my highest priorities at the Department will but if I might, just before he does, and be to target the unconstitutional practice of was devoted to preserving constitu- racial profiling. on this issue, the desegregation efforts tionally suspect race-conscious public in Missouri in 1992, when Jay Nixon Senator Ashcroft’s critics also allege policies that ultimately sort and divide first ran for attorney general in Mis- that because Senator Ashcroft opposed citizens by race. At the time of his the nomination of Bill Lann Lee to be souri, he did recognize the need to set- hearings, it was clear that he would Assistant Attorney General for Civil tle the St. Louis and Kansas City de- have us continue down the road of ra- Rights, Senator Ashcroft will himself segregation issues. He said the State, cial spoils, a road on which Americans be unable to defend civil liberties. But the cities, and parents needed resolu- are seen principally through the look- this is an incredible and illogical leap. tion and certainty after years of non- ing glass of race. To oppose the race-conscious policies stop litigation. The St. Louis Post-Dis- Senator Ashcroft’s principled opposi- favored by Mr. Lee is to value the true patch editorial summed up the dif- tion to Mr. Lee was firmly based in the principles of the civil rights move- ferences under Jay Nixon. It said: record. The signs that Mr. Lee would ment—equality of opportunity for all Their differences in how the State should pursue an activist agenda were clear at Americans. respond to the Federal court orders of deseg- his hearings. At that time he narrowly At the hearings and in supplemental regation for St. Louis and Kansas City defined the rule in Adarand and could questions, my colleagues have raised schools is instructive. The Republican wants to keep fighting although the State lost the not distinguish cases that he would issues concerning Senator Ashcroft’s bring as Assistant Attorney General case long ago. The Democrat wants to have plans for the Civil Rights Division of a settlement. from those he brought in the NAACP the Department of Justice should he be Mr. Nixon then followed through in Legal Defense Fund. confirmed as Attorney General. Let me this agreement. He was the first Mis- Some have alleged that Senator say that I am confident that Senator souri official to sign a resolution on be- Ashcroft’s opposition to Mr. Lee was Ashcroft will fight for the civil rights half of the State, and he was a sup- based on mischaracterizations. But and liberties of all Americans. He be- porter of the law that provided the Senator Ashcroft did not distort Mr. lieves that everyone deserves an oppor- Lee’s testimony. When Mr. Lee stated tunity to succeed and that those at the State funding to settle the St. Louis the test of Adarand versus Pena he said bottom of our society may need a help- case. In both the settlement agreement that the Supreme Court considered ra- ing hand. and the law to implement it, then Gov- cial preference programs permissible if Senator Ashcroft strongly supports ernor, Governor Carnahan, provided ‘‘conducted in a limited and measured ‘‘affirmative access’’ programs. As he the leadership that Governor Ashcroft manner.’’ While this might be correct testified, did not provide. Senator Ashcroft ran for Governor in in a narrow sense, it purposefully We can expand the invitation for people to misses the main point of the Court’s participate aggressively so that no one is de- 1984 as a strong opponent of the settle- fundamental holding that such race- nied the capacity to participate simply be- ment, the settlement finally had in conscious programs are presumptively cause they didn’t know about the opportuni- Missouri. He was 8 years as attorney ties. We can work on education, which is the general and 8 years as Governor. In unconstitutional. Mr. Lee might have best way for people to have access to stated that strict scrutiny was the those years he denied liability, opposed achievement. a fair settlement, and litigated the standard articulated in Adarand; how- Senator Ashcroft wants to encourage ever, when he described the content of questions over and over again. achievement and access to achieve- I will put in the RECORD in a moment this standard it was far looser than ment. He wants to avoid what Presi- a letter from Arthur Benson who, since what the Supreme Court delineated. A dent Bush called the ‘‘soft bigotry of 1979, has been lead counsel for the ‘‘limited and measured manner’’ is a low expectations’’ that fuels many schoolchildren in the Kansas City de- standard far more lenient than the race-conscious programs. segregation litigation. strict scrutiny standard of ‘‘narrowly It is true that Senator Ashcroft is What he said in it is: tailored to serve a compelling govern- skeptical about government programs While the case proved difficult to settle mental interest.’’ Mr. Lee’s misleading that categorize people by race. Some of with the State, it did eventually settle be- description can properly be assailed as these programs might be unconstitu- cause Jay Nixon and other Missouri officials a fundamental mischaracterization of tional under the Supreme Court’s deci- wanted to settle rather than litigate, and be- the spirit of the law. sion in Adarand versus Pena. That de- cause he wanted to refocus the time and ef- Senator Ashcroft has stated that he cision stated that all governmental ra- forts of state officials on improving edu- opposed Mr. Lee because of his record cial classifications should be subject to cation. of advocacy and his distortion of prece- strict scrutiny, that is such classifica- To this Senator’s mind, this is a dent. These failures to properly inter- tions must be narrowly tailored to marked difference from what Senator pret the law would have serious effects serve a compelling governmental inter- Ashcroft had done. In any event, Sen- on Mr. Lee’s ability to serve as Assist- est. The Supreme Court made clear ators have to make up their own ant Attorney General for Civil Rights. that there was no such things as a ‘‘be- minds. Senator Ashcroft’s reasons for oppos- nign’’ racial classification, and that I ask unanimous consent that this ing Mr. Lee were amply supported by the government may treat people dif- letter be printed in the RECORD. the record. ferently because of their race for only There being no objection, the letter By contrast to Mr. Lee, Senator the most compelling reason. This view was ordered to be printed in the Ashcroft has repeatedly distinguished of governmental racial classifications RECORD, as follows: his role as a legislator and advocate comports with the development of con- ARTHUR BENSON & ASSOCIATES, from that of the Attorney General. He stitutional protections for civil lib- Kansas City, MO, January 30, 2001. understands that his political advocacy Hon. PATRICK LEAHY, erties. Senator Ashcroft is solidly with U.S. Senate, Dirksen Senate Office Building, gets checked at the door of the Depart- the Supreme Court on this issue. Washington, DC. ment of Justice. Senator Ashcroft has We have no reason to doubt that Sen- DEAR SENATOR LEAHY: Since 1979 I have repeatedly stated that he would en- ator Ashcroft will work long and hard been the lead counsel for the plaintiff school- force the law as it exists to protect the to defend the civil liberties of all children in the Kansas City school desegre- civil liberties of all Americans. He is Americans. gation litigation, now styled as Jenkins et al., committed to defending the constitu- These are the points that are repeat- v. Kansas City Missouri School District, case tional rights of all individuals and has edly used to denigrate Senator number Case No. 77–0420–CV–W–1, United testified that he will make the enforce- Ashcroft’s character and motivation. States District Court for the Western Dis- trict of Missouri. ment of civil rights one of his topmost But when the facts are examined, these After January 1993 there was a marked priorities. As Senator Ashcroft stated, charges simply do not stick. Senator change in the manner in which the then de- My highest priority is to ensure that the Ashcroft is a man of tremendous integ- fendants of the State of Missouri were rep- Department of Justice lives up to its herit- rity and probity and I hope that we resented in this litigation. After January age of enforcing the rule of law, and in par- move quickly to confirm him. 1993 Attorney General Jay Nixon continued

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.044 pfrm02 PsN: S31PT1 S878 CONGRESSIONAL RECORD — SENATE January 31, 2001 to defend the legal positions of the State of ney, and all Presidents for a long time had the opportunity to serve in the Missouri defendants vigorously and well. At have had their own attorneys. The At- Senate for the 6 years he was here be- the same time, however, he never denied the torney General is the Attorney General fore ending that term after the last State’s responsibility for eliminating the for the country. election. vestiges of its prior de jure segregation. He also expressed interest in settlement, sup- There was a fellow named George I think the President of the United ported legislative initiatives in the Missouri Wallace who used to be Governor of States has selected an outstanding legislature that would provide necessary un- Alabama. Many of us remember him. nominee to head up the Justice Depart- derpinning for any settlement, and proposed When he would run for President, he ment. I look forward to working with alternatives to the courts in response to re- knew he was not going to win. John him. medial proposals of the plaintiffs, all of Ashcroft is going to win. He will be Despite the campaign that has been which were changes from the litigation tac- confirmed today. He knows that, and I launched against him, he will be ap- tics of the state defendants in this case be- think we know that. proved by a sizable margin so that he fore 1993. When George Wallace used to run for While the case proved difficult to settle can do his work and do it without any with the State, it did eventually settle be- President, he would say to the voters guilt whatsoever about any of the ac- cause Jay Nixon and other Missouri officials who were skeptical to spend their vote cusations that have been made against wanted to settle rather than litigate, and be- on a guy who was not going to win: him. I add my voice in support of his cause he wanted to refocus the time and ef- Send them a message. nomination. forts of state officials on improving edu- I am struck by the people in my Despite these well-publicized, well-fi- cation. State, people of color, who have said to nanced attempts orchestrated by out- Yours very truly, me in the last month or two since John ARTHUR BENSON. side groups to smear his good name, I Ashcroft’s name was floated and ulti- am thankful Senator Ashcroft will sur- Mr. LEAHY. I yield to the Senator mately submitted by President Bush, from Delaware. vive this reckless campaign that has that even if Senator Ashcroft is con- snowballed into an avalanche of innu- The PRESIDING OFFICER. The Sen- firmed as Attorney General, we need to ator from Delaware. endo, rumor, and spin. send him a message, and the message is From the moment President Bush Mr. CARPER. Mr. President, just a that people in my State, particularly few moments ago, I had a phone con- announced his choice for U.S. Attorney people of color, are uncomfortable with General, some predictable opponents versation with Senator Ashcroft—it this nomination. They are unconvinced was not an easy call for me, and I sus- immediately got to work. They circled that he will be forthright, that he will their wagons and launched an all-out pect it was not an easy call for him— be consistent, that he will be per- in which I shared with him my decision war on our former colleague and his sistent, that he will be a champion nomination to be Attorney General. not to vote for his confirmation to be when it comes to ensuring that their In their zeal to pick a fight with the Attorney General for our country. civil rights are protected. Unlike many of my colleagues in this John Ashcroft comes from Missouri. new administration, the debate in the body, I never served with Senator It is a show-me State. There are people Senate has melted down into a feeding Ashcroft. We heard a lot about him in my State, especially people of frenzy for the left wing which sought in today from those who know him better color—and I know there are others in the process to lay down markers for than I ever will. While some are full of Delaware and in other States—who are their agenda. praise and others are more critical, a concerned about whether or not Attor- Ironically, the President’s nominee number of characteristics about the ney General John Ashcroft would en- for the Nation’s top law enforcement man emerge. I want to reiterate some sure reproductive rights for women, office in the country is arguably one of of those. civil rights for those who may have dif- the most qualified candidates this body Even his critics will acknowledge ferent sexual preferences than others of has ever had the privilege to cast its that John Ashcroft is a person of intel- us, people who may feel differently advice and consent on for the office of lect, someone with great energy, some- about gun laws. Will this Attorney U.S. Attorney General. He was twice one with a wealth of experience within General enforce the laws of the land elected Governor of Missouri, served his own State and here at the Federal and protect those interests as well? two terms there as the attorney gen- level, a person of deep faith, someone I have heard from too many people in eral, and was for 6 years our col- who was gracious in defeat in his re- my State—from the minority commu- league—all of that public service is re- election campaign last November. If he nity—who have said we need to send a markable for a person who will go on were a nominee for Secretary of Edu- message to Washington, to the new ad- to be Attorney General. cation, Secretary of Energy, Secretary ministration, that they do not want to He has the academic background and of Agriculture, or Secretary of Housing be forgotten. They do not want to be the legal background to also be a good and Urban Development, my vote left behind. As much progress as we Attorney General. would be different; I would vote for have made in providing a better, equal From the 6 years I had the privilege him. But he is not. He is the nominee footing, a level playing field for people of working with John Ashcroft in the for Attorney General for our country. of color, we still have a long ways to Senate, I can unequivocally say he is a Senator Ashcroft and I have some go. man of his word. And what is so impor- common roots. I share his deep faith. I regret I have to vote against our tant about being a man of his word is We are both Christians. I have been new President on this nomination. I that the case made against John Governor of my State. He was Gov- will vote yes on every other one. This Ashcroft is that in the Senate he pur- ernor of his State. He nominated many is one on which I have to take a dif- sued changes in law, he pursued public people to serve in that capacity. I nom- ferent course. policies that maybe some did not agree inated many people to serve in that ca- I thank Senator Ashcroft for the con- with. But that is the job of a Senator: pacity as well, judges and people to versation we just had a little bit ago. I to vote for or against public policy you serve on my cabinet. Governors of am hopeful he is prepared to send all of think is good on the one hand, bad on Delaware do not nominate the attorney us a message, regardless of where we the other hand; public policy you general of our State. The person are from, what our color is, what our might agree with on the one hand or charged with law enforcement and sexual preference is, how we feel about might disagree with on the other hand. prosecuting criminals in our State is a woman’s reproductive right, and that They say he is not qualified to be At- the attorney general, who is independ- is: As Attorney General he will enforce torney General because of a lot of ently elected. rigorously the laws of this land for all things he did in the Senate, rep- Some have said to me that the Presi- of us. I thank the Chair. resenting his constituents—forth- dent should have the right to his The PRESIDING OFFICER. The Sen- rightly arguing points he believed in, choice of his attorney. We need to re- ator from Iowa. and voting on those points. But has in- member that the Attorney General is Mr. GRASSLEY. Mr. President, I rise tegrity and honesty. And being a man not just the President’s attorney. The to support the nomination of John of his word is so important because as President actually has his own attor- Ashcroft, a person with whom I have Attorney General he will take an oath

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.058 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S879 to uphold the law. He is going to en- petitive markets and that the family He voted for legislation that pro- force that law, even law with which he farmer is entitled to a level playing hibits any person convicted of even does not agree. field—the same for independent pro- misdemeanor acts of domestic violence He could even be in the position of ducers—and he would say, beyond agri- from possessing a firearm. enforcing some piece of legislation culture, fair competition is important As Governor, Senator Ashcroft ap- against which he voted on the floor of for the small business people of Amer- pointed women to the State’s appellate the Senate because he is a man of his ica. courts, including the first two women word. And with all the criticism people He would also say that for passengers to the Missouri Court of Appeals and have had of John Ashcroft, where they in my State who pay extraordinarily the first woman to the Missouri Su- disagreed with him as a Senator, and high airline tickets to fly from Des preme Court. then they criticize him as not being Moines, IA, to Chicago, there has to be In regard to the tactics used against qualified or the right person to be At- competition in the airline industry, him, deploying distortion and dema- torney General, they forget that be- particularly for rural America. goguery to advance their own agenda, cause he is a man of his word, they Based on my experience with Senator groups inside the beltway, who prob- have nothing to worry about. Ashcroft’s work here in the Senate, I ably have felt very secure for the last In fact, he is such a man of his word know he is committed to doing what is years because they had somebody in that if he were to tell a fib, you would right for middle America as he enforces the White House who would advance know it right away. He is that straight these laws that are already on the their agenda, now feel a little shut out. laced, that straightforward, that trans- books. He knows, of course, that I will They have banded together to engineer parent of an individual, that he would keep my lines of communication wide a controversy about John Ashcroft tell you the truth because he could not open between my office and his when it where none exists. They rushed to cast lie. He couldn’t get away with lying. comes to fighting for the interests of judgment, and in the process his oppo- And he knows he couldn’t get away rural America. nents sought to paint John Ashcroft as with lying. That is the sort of a person In addition to his exemplary profes- a racist, as somebody tainted by his to have as Attorney General of the sional credentials, there is another principles and unfit to lead the Depart- United States. issue upon which his supporters and de- ment of Justice. We are going to have a person who is tractors alike agree, and that is, our Obviously, in my view, these critics have been unable to make their case, going to be the chief law enforcement former colleague, Senator John and I think when this vote is taken, we officer of the United States. You will Ashcroft, is a man of principle. He is a will find out that they did not make never see him being the chief defense man of his word. Just ask the people of their case. counsel for the President of the United Missouri who, not once but time and time again, placed their trust in him Despite his critics’ best efforts, accu- States as we have seen over the last 4 sations of racism and bias have not or 5 years in the previous administra- for high statewide elected office. Senator Ashcroft’s career has been stuck. In fact, throughout his career, tion. John Ashcroft, put in that posi- stellar. During his career, Senator Senator Ashcroft has tried to protect tion, would resign from being Attorney Ashcroft has worked to establish a the rights of minorities. He signed the General of the United States. number of things to keep all Americans Missouri hate crimes bill into law, and So the people who are making a case safe and free from criminal activity. in the Senate he held the first-ever against his being Attorney General, be- For example, last year Senator hearing on racial profiling. As Gov- cause of votes and speeches and posi- Ashcroft introduced a bill to prohibit ernor, he appointed a number of minor- tions he has taken on the floor of the juveniles from possessing assault weap- ity judicial candidates. His by-the- Senate, are comparing apples and or- ons and high-capacity ammunition book approach to governing rises above anges; and they are forgetting that a clips. The Senate overwhelmingly and way beyond the decibel level of his man of his word is going to do what he passed this Ashcroft legislation. He detractors, the 200-some organizations says, and he takes an oath to uphold also voted for the Gun-Free Schools that have banded together to make the law and enforce that law; and it is Zone Act that prohibits the possession this clean-cut, honest American, great going to get done. So I say, once again, of a firearm within a school zone. Be- public servant, out to be some very bad he is unequivocally a man of his word. cause the Clinton Justice Department person. He testified before the Senate Judici- had not made gun prosecutions a pri- It is sad that the aggressive publicity ary Committee that he will enforce the ority, Senator Ashcroft led the charge generated by the special interest laws of this land, and he is going to do in directing the Justice Department to groups to derail this nomination has that for all Americans. He said that, increase the prosecution of crimes painted an unfair image of John and he is going to do it. And his saying committed with guns. In fact, he spon- Ashcroft in the minds of too many that makes me fully confident that he sored legislation to authorize $50 mil- Americans. For example, contrary to will do so. lion to hire additional Federal prosecu- the controversy surrounding the nomi- He has a sharp command of the law, tors and law enforcement officers to in- nation to the Federal bench of Ronnie having filled both shoes of Senator, crease Federal prosecution of criminals White, John Ashcroft does not have a Governor and state Attorney General. who use guns. racist bone in his body. If his oppo- He understands the difference between John Ashcroft’s efforts against drug nents are keeping track of his support advancing legislation as a Senator and abuse and trafficking are equally as for black judges, it is ironic that they enforcing the laws on the books as a impressive. A leader in the national didn’t care to publicize the fact that state Attorney General. And along this fight against the scourge of meth- he, as Senator, voted for 26 out of 28 line, he has been recognized by the amphetamine, John Ashcroft won en- judges of African American descent. He leaders of other States in this area, be- actment of the Comprehensive Meth- nominated the first black judge to the cause he was elected by the National amphetamine Control Act of 1996, appellate court as Governor of Mis- Association of Attorneys General, and among other antidrug laws he got souri, and the St. Louis Black Bar As- elected in another position by the Na- passed. sociation praised him for diversity in tional Governors’ Association, to rep- Senator Ashcroft has fought hard for his court appointments. The trumped- resent and lead their organizations the rights of women and to protect up charges of racism and bias took on while he was in those two positions for them from domestic abuse. He signed a life of their own, but in fact they ring the State of Missouri. into law a bill, when he was Governor, very hollow when we pull back the cur- As fellow midwesterners, John and I that allowed women accused of homi- tain of his opponents’ red hot rhetoric. come from States where agricultural cide to present battered spouse syn- In recent years, misrepresentations issues are key components of our econ- drome evidence in the court in that and baldfaced lies coming out of Wash- omy, our culture, and our heritage. We State. He cosponsored, at the Federal ington have eroded the electorate’s have discussed at length how to ad- level, the Violence Against Women Act faith and trust in public officials, in- dress the challenges confronting family that helped secure $100 million in in- cluding all of us. Thankfully, that is farmers in this new century. He shares creased funding to combat violence not the way the majority of the Amer- my concern that we must foster com- against women. ican people operate. To the majority of

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.105 pfrm02 PsN: S31PT1 S880 CONGRESSIONAL RECORD — SENATE January 31, 2001 the American people, the end does not Attorney General, those laws would before we vote because I think this always justify the means. In fact, sel- not be something that he could change, Senator is entitled to an overwhelming dom is that true. But in the case of this as one could as a legislator. As a Sen- vote of support to become the next At- opposition to John Ashcroft, any ator, as a policymaker, he could torney General of the United States. means is justified for the end they change some things he might not agree I yield the floor. want—to let their grassroots members with and I may not agree with. It is The PRESIDING OFFICER. The Sen- back home know that even though still the law of the land, and we live by ator from Michigan is recognized. they don’t have the President of the it. Ms. STABENOW. Mr. President, I re- United States always carrying their Senator Ashcroft believes that people gretfully rise today to oppose the nom- agenda, as they did the last 8 years, who commit acts of violence and in- ination of John Ashcroft as Attorney they are going to be a force in this timidation should be punished to the General of the United States. As a new town. And they are a force in this fullest extent of the law. He knows Member of the U.S. Senate, I did not town. that if you are going to have a civil so- have the opportunity to serve with They are also telling Members of ciety, you cannot tolerate violence on former Senator Ashcroft. I have only Congress, particularly left-of-center the part of pro-life people any more his record and his testimony on which Members of Congress: You are on a than you can tolerate violence on the to make this decision. I come to this short leash. We have to be reckoned part of union leaders on the picket judgment after supporting almost all of with. Don’t toy around with playing line. President Bush’s other Cabinet nomi- with the Republicans too much or a I conclude by saying that everyone in nees. I believe that the President Republican President. It is also going this institution comes to the Senate should be given broad latitude in to help them tremendously with their with a set of ideals and principles that choosing his Cabinet, but the Constitu- fund-raising. That is what is at stake serve as their guiding compass. Wheth- tion clearly gives the Senate the re- here. er it is based upon conservatism, lib- sponsibility of advice and consent. It is The majority of Americans do not op- eralism, or something else, or some- our responsibility to review the actions erate that way. Not even a majority of thing in between, each of us in this and backgrounds of the nominees and their own rank-and-file members at the Chamber has the privilege and respon- speak on behalf of the people we rep- grassroots operate that way. I was a sibility to cast votes of conscience. resent. member of a labor union from 1961 to When the Presiding Officer calls the I have listened intently to the judici- 1971. If there is one thing I learned as a yeas and nays on this nomination, I ary hearings—the questions and the member of the labor union—and I was hope that the avalanche of unproven answers—and I would like to commend voluntarily a member of the labor criticism will be put to rest as a result my colleagues on the Judiciary Com- union because in my State, we have the of that vote. mittee for the thoughtful and thorough right-to-work law, you don’t have to I want us to confirm John Ashcroft process that was used on this critically join—I found out that the political as our next Attorney General. I have important nomination. There is no agenda of the labor union leadership of listened to the opponents of John question that former Senator Ashcroft Detroit or Washington, DC, did not rep- Ashcroft speak here. I have not heard has a long career of public service. It is resent the political philosophy of my every one of the speeches, but I had an that career and the record that he has members on the assembly line at the opportunity to be on a television pro- created that I feel compelled to evalu- Waterloo Register Company in Cedar gram with a colleague of mine from the ate as the most important consider- Falls, IA. They may have represented other side of the aisle who is going to ation in making my decision. I have al- our economic interests of collective vote against this nomination, the Sen- ways believed that actions speak loud- bargaining, but they did not represent ator from Indiana, Mr. BAYH, a person er than words, especially when there is the political interests of the common- of outstanding ethics, honesty, and a long and consistent public history of sense, conservative blue-collar work- moral values. His dad served in this questionable actions. ers. It is the very same way with a lot Senate, was an outstanding leader and This is especially important given of these organizations. When we go a person of moral and high ethical val- the critical responsibilities and broad back to the grassroots of our States ues as well. discretion given to the office of Attor- and interact with the rank-and-file I would vote for Senator BAYH to be ney General. Let me list just a few of members of a lot of these organiza- Attorney General of the United States, the actions that I find most disturbing. tions, they do not treat us in our State if a Democrat President nominated I was extremely troubled to learn of the way these leaders might treat us him, because he is just the sort of per- Senator Ashcroft’s record as Missouri’s out here, as evidenced by the fact of son who, when you look at him, you attorney general when he strongly op- how they treat John Ashcroft. Mis- just know this guy is not going to do posed a voluntary and court-ordered representations and baldfaced lies that something that is wrong. You know he plan to desegregate many of the public are used by this group are not the way is going to enforce the law. schools in St. Louis. As the Governor my friend and neighbor, John Ashcroft, I hope all of the people who are up- of the State of Missouri, this nominee has built up an impeccable record of right and of strong conviction on the vetoed the Voter Registration Reform honest public service. His rock-solid in- other side, people who have high moral Act, which would have clearly in- tegrity, legal background, and proven and ethical values—and I know my col- creased the participation of minorities ability to uphold and enforce the law leagues on the other side to be in that in the electoral process. will restore the mission of the Justice category—I hope they vote for John His record on other antidiscrimina- Department. Ashcroft to be Attorney General. I tion issues is equally disturbing. From It is clear to me that despite his per- could cast a vote for them as well for his opposition to the ultimately suc- sonal beliefs, Senator Ashcroft has Attorney General, not because they are cessful appointment of James Hormel proven his ability to uphold the law my colleagues, but because of what I as Ambassador to Luxembourg, simply without the influence of personal bias. have seen in their lives. I hope they because he was gay, regardless of his For example, as Missouri attorney gen- truly have seen what is in John qualifications, to his refusal to answer eral, John Ashcroft protected the con- Ashcroft’s life. And I hope those that questions during his confirmation fidentiality of abortion records main- are against him will have a little hearing about whether he would dis- tained by the Missouri Department of guilty feeling about voting against criminate against Americans by deny- Health, even when they were requested him, unless I see them differently from ing them the ability to gain security by pro-life groups. He has voiced his the way they are and I have been mis- clearances simply because of their sex- opposition to violence and his belief taken about John Ashcroft. But I ual orientation. His record on women’s that, regardless of his personal views haven’t been mistaken about John rights is just as troubling. He has con- on abortion, people should be able to Ashcroft, and I haven’t been mistaken sistently used every opportunity and enter abortion clinics safely. That is about my colleagues from the other every power he has had to block repro- the law of the land. Senator Ashcroft’s side as well. I just hope there is a lot of ductive choice for women including the views on abortion are known. But as soul searching in the next few hours extreme position of suing public health

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.107 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S881 care nurses in the State of Missouri for I serve on our Judiciary Committee But even more impressive than his providing basic gynecological and con- along with the esteemed Presiding Offi- resume, Mr. President, are John traceptive services. In addition, his cer. Ashcroft’s words and deeds. Article II, very vocal opposition to Roe vs. Wade I wonder sometimes who people are section 3 of the Constitution provides and the basic reproductive rights of talking about when I hear people say- that the President of the United women is an issue that not only con- ing he is too far this way or that way States, ‘‘shall take care that the laws tinues to worry me, but millions of to be Attorney General. I wonder. How be faithfully executed.’’ The Depart- women across this country. did he win statewide elections in a ment of Justice is the primary govern- For me personally, one of the most swing State such as Missouri for so ment agency charged with the Presi- troubling aspects of his record, was many different elections. How was he dent’s constitutional duty to faithfully Senator Ashcroft’s unfair treatment of elected president of the National Asso- execute the laws of the United States. Judge Ronald White when he spear- ciation of Attorney Generals? How was John Ashcroft has fulfilled this func- headed the U.S. Senate’s rejection of he elected head of the National Gov- tion as two-time attorney general of his nomination to the Federal bench. ernors’ Association—bipartisan groups? the State of Missouri. In that role, This action was highly unusual and ex- If this guy is so far out there on these John Ashcroft upheld law with which tremely unfortunate for Judge White issues, how on Earth did he get elected he personally disagreed, and which and for the U.S. Senate. to all of these positions? It just baffles many of us in this body might disagree One of the most basic requirements me other than to say he is not extreme. with. But as Missouri attorney general, of any nominee to be the U.S. Attorney In most of his policy issues he has he swore an oath to uphold the law, General is an ability to exhibit a put forward, he cares strongly with and he did. Mr. President, there are strong track record of fighting for the passion. But there is a solid core of many issues on which many of us in constitutional rights of all Ameri- Americans, and in most cases a major- this body disagree. But we are legisla- cans—black, brown, or white, male or ity of Americans, who strongly believe tors, we write laws. That is not the role female, young or old, rich or poor. In in and agree with him on issues such as of the Attorney General of the United my opinion, Senator Ashcroft’s record partial-birth abortion and other items. States. Mr. President, John Ashcroft clearly fails to satisfy that most basic But that really is neither here nor raised his right hand swore before the qualification. To the contrary, he has there. The issue is whether he will en- Senate Judiciary Committee that he established a 25-year track record of force the law. That is what an Attor- would faithfully enforce the laws of the opposing equal opportunities and fair ney General is required to do and is United States, ‘‘So help me God.’’ As a play for too many Americans. called upon to do and in States are person who feels fortunate to call John The basic fact remains that the U.S. elected to do. He has done that at the Ashcroft a friend, I don’t think there is Attorney General is the people’s law- State level as an elected attorney gen- a stronger guarantee than that oath he yer, not the President’s lawyer. He is eral. He will do that as a national At- took. the guardian of the constitutional torney General, especially for the Some have called Senator Ashcroft’s rights of every American citizen. And I United States. record on civil rights into question. cannot in good conscience support a I am new to the Judiciary Committee This has been a program of distortion. nominee who has spent much of the with this session. I am looking forward As Missouri Governor, John Ashcroft past 25 years opposing the constitu- to serving on that body. But what I signed Missouri’s first hate crimes tional rights of far too many of our found by this process that we have had statute into law. As a U.S. Senator, citizens. in the treatment of John Ashcroft is John Ashcroft supported every African- Thank you. I yield the floor. that it is an extraordinarily unfair American judicial nominee confirmed The PRESIDING OFFICER. The Sen- process, and I think quite undeservedly by the Senate. As chairman of the Ju- ator from Nevada is recognized. toward John. diciary Committee’s Subcommittee on Mr. REID. Mr. President, if I could Mr. President, I grew up in a town the Constitution, John Ashcroft con- engage my friend from Utah, the man- only about 20 miles from the State of vened a hearing on racial profiling with ager of this nomination, I know our Missouri in a small town called Parker, Senator FEINGOLD, stating on the friend from Kansas is here, and the KS. I have had the opportunity to fol- record that racial profiling is unconsti- Senator from Iowa spoke for quite a low John’s career for a long time. Our tutional. John Ashcroft’s record speaks long period of time. The Senator from States share a common border. In the for itself; he is a man of integrity dedi- Michigan spoke for just a few minutes. Senate, John and I served together on cated to equal justice under law. There I think it would be appropriate to have the Commerce and Foreign Relations have been other distortions of Senator the Senator from California speak. She Committee. Our offices were even down Ashcroft’s record. will probably speak for about 35 or 40 the hall from each other. John and I Mr. President, I was heartened by minutes. were neighbors here in Washington, Senator FEINGOLD’s remarks in the Ju- Mr. HATCH. I believe Senator and he even put me up in his house diciary Committee executive session BROWNBACK was next. yesterday, in which he extended an Mr. BROWNBACK. Mr. President, if I when my apartment building burned. I olive branch of peace and cooperation could, I have about 10 minutes to submit that he would do that for any- to our side of the aisle, and we have a speak. If I could, I would like to go in one who needed a roof over their head. Senate more evenly divided than we a back-and-forth order. But more important than geography or have had for almost 50 years. Senator Mr. REID. We just didn’t want an- committee assignments, John Ashcroft FEINGOLD has answered President other 2- or 3-minute speech that took is my friend. A friend who shared with Bush’s call to change the tone in Wash- 40 minutes. me his honesty and integrity, his devo- Mr. HATCH. I rightfully understand tion to his creator, his principled char- ington. It is a bold step, a step I hope that. If the Senator will speak for 10 acter, and his steadfast belief that each my colleagues on the other side of the minutes or less, we would appreciate it. of us is put here on Earth, to help our aisle will follow. I had the opportunity Mrs. BOXER. If we could have a fellow man, and to leave the world a to speak personally with the witnesses unanimous consent agreement that fol- better place for all of our children. who testified both for and against John lowing Senator BROWNBACK, Senator Contrary to the assertions of those Ashcroft’s nomination. Believe me, REID would be recognized, and then who make a living exacerbating the there is more that binds us together as Senator BOXER. tensions that divide us as a nation, I a people and a nation than keeps us The PRESIDING OFFICER. Without know John Ashcroft is committed to apart. Let us begin this Congress in objection, it is so ordered. our Nation’s promise of equal justice that spirit which Abraham Lincoln The Senator from Kansas. for all. used to help heal a nation, when he Mr. BROWNBACK. Thank you, very President Bush made an outstanding warned that ‘‘A house divided against much. I appreciate the opportunity to choice for his Attorney General. John itself cannot stand.’’ I intend to vote be here to speak in favor of our col- Ashcroft is one of the most qualified for John Ashcroft’s nomination to be league, Senator Ashcroft, to be Attor- nominees for the office of Attorney Attorney General of the United States. ney General of the United States. General in history. I encourage my colleagues, on both

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.060 pfrm02 PsN: S31PT1 S882 CONGRESSIONAL RECORD — SENATE January 31, 2001 sides of the aisle, to follow the spirit of this nomination should be rejected. I Judge Ronnie White did not have Lincoln, and help renew the ties that will be very specific. that right until the Democrats called bind us together, and to resist the Judge Ronnie White: Was John him up during this hearing. I appre- temptation to use this process for po- Ashcroft’s treatment of Judge Ronnie ciate the fact that he had that hearing litical gain, and further divide us as a White fair? Did he have a good heart in front of the Republicans and Demo- nation. when it came to dealing with Judge crats of that committee. That nomina- I think once John Ashcroft is ap- Ronnie White? Let’s revisit it. The tion was sabotaged on the floor of the proved as Attorney General of the American Bar Association gave Judge Senate. It was wrong; it was harsh; it United States, he will be an out- White a unanimous qualified rating. was cruel; it was humiliating; and it standing and extraordinary Attorney Judge White was introduced at his was not necessary. General for all American people. nomination hearing for judgeship in I think that speaks volumes about I yield the floor. front of the Judiciary Committee with John Ashcroft’s commitment to fair- The PRESIDING OFFICER. The Sen- glowing remarks by Senator BOND. ness. On the Senate floor, John ator from California. With no warning, John Ashcroft cham- Ashcroft said that Judge White was Mrs. BOXER. Mr. President, I thank pioned the defeat of Judge White’s ‘‘pro-criminal, with a tremendous bent Senator HATCH and Senator REID for nomination on the Senate floor. toward criminal activity.’’ In the Judi- reserving this time for me. I have been in elective life for 25 ciary Committee hearings last week, As most people know, there were sev- years; certain things you do not re- Judge White noted that after a long ca- eral Members who came out early with member and a lot of things you do. I reer in public service, including elec- a position on John Ashcroft. Most will never forget the day this Senate tive office, he had never, ever heard came out for him before the hearings, voted down Judge Ronnie White on a himself described that way. and I came out against his confirma- straight partisan vote—the first time Judge White got the chance to set tion. The people who came out for John in 50 long years that a judge nominee the record straight. He told the Judici- Ashcroft before the hearings said they who had been passed favorably through ary Committee that he voted to affirm knew enough to know they were for the Judiciary Committee was so treat- the death penalty 41 times out of 59 him. I said, after looking at the record ed. cases. And in 10 of the remaining 18, he and being very familiar with the Why would I remember it so clearly? joined a unanimous court in reversing. record, I could not support him. I actu- I thought a few people might vote no All together, Judge White voted with ally asked then-President-elect Bush to just as we have on many judge nomina- the majority of the court in 53 out of 59 reconsider his choice because I believed tions. But I never thought that John cases. In only 6 cases did he dissent in him when he said he wanted to unite Ashcroft would have rounded up and a death penalty case, and in only 3 of made it a big political issue that all the Nation rather than divide the Na- those was he the sole dissenter. When the Republicans would stick with him tion. I felt this nomination would be you add this all up, it turns out that on this vote. We all know, because we very divisive, would raise the very Judge White voted the same way as are not children in this body, there are same issues that were raised during Ashcroft appointed judges—95 percent other ways to treat someone who sud- one of the most difficult campaigns of the time. that I certainly ever remember for denly doesn’t look like he will be con- How did Judge White feel about John firmed. You bring it back to the com- President. Ashcroft’s pro-criminal label? This is mittee, you have another vote. You I think what I said was borne out. what he said. He told the Judiciary don’t do what they did to Ronnie This Presidential election was a man- Committee, ‘‘Senator John Ashcroft date. Many people think if all the votes White. I remember that Congresswoman seriously distorted my record.’’ And he had been counted, it might have come very graciously left it up to the Senate MAXINE WATERS, one of my good out a different way. That is not the friends, came over from the House that to decide whether that kind of treat- point. The point is, because it was so day. She was here because she wanted ment is consistent with fair play and divisive, whoever won, whether it was to celebrate the fact that Ronnie White justice that an Attorney General is ex- Al Gore or George W. Bush, whoever was going to get this judgeship. She pected to have. actually took the office—in this case and I looked at each other as the nomi- Conservative columnist Stuart Tay- the Supreme Court decided to stop the nation went down. It was a humiliating lor of the National Journal has written count, and George W. Bush became defeat. It was a sad, sad day. that John Ashcroft’s treatment of President—whoever was President had I compliment those Senators on the Judge White is enough to disqualify to know that this was a very divided Judiciary Committee who apologized him for the position of Attorney Gen- Nation and that we needed to put up to Ronnie White. He never, ever should eral. moderate people—moderate people—for have been treated that way. It was un- Of Mr. Ashcroft’s actions in the Ron- important offices such as Attorney necessary to do that to any human nie White matter, Mr. Taylor wrote General, Interior Secretary, and the being. that Ashcroft: like. So, yes, I have looked into John . . . abused the power of his office by de- For me, it is very rare to oppose a Ashcroft’s heart. And I say how could scending to demagoguery, dishonesty, and Bush Cabinet nominee. Out of all of someone with a good heart do that to character assassination. them, I have opposed two. I have sup- another good person? I do not under- Those are not my words. Those are ported every other one. One thing John stand it. the words of Stuart Taylor, a conserv- Ashcroft said is: I supported 90 percent I hope Senator FEINGOLD will be lis- ative journalist for the National Jour- of President CLINTON’s judges. tening, too, when he says to President nal. Well, I supported 90 percent of George Bush: Why don’t you renominate Ron- Let’s just say you think everybody is W. Bush’s Cabinet picks. Therefore, nie White in the spirit of reconcili- entitled to one mistake, to one mis- when I choose to say no, it is because ation? treatment of another individual. Let’s I feel very deeply and very firmly that During his floor remarks, John just say that. Unfortunately, in this John Ashcroft is not the right choice. Ashcroft pointed to Judge White’s dis- case, I am going to point to a number President Bush said he picked John sent in a murder case. It was a horrific of other examples. Ashcroft because ‘‘he has a commit- case. Yet John Ashcroft did not ask Take the case of James Hormel. Am- ment to fair and firm and impartial ad- any questions of Judge White during bassador Hormel was nominated in 1997 ministration of justice.’’ He told us the confirmation hearing or even after- to be the U.S. Ambassador to Luxem- that John Ashcroft is ‘‘a man who has wards in written follow-up questions bourg. He was approved by the Senate a good and decent heart,’’ and he asked about that case. I think a fundamental Foreign Relations Committee by a vote us to look into the heart of John guarantee of our system of justice, par- of 16–2. One of those ‘‘no’’ votes was Ashcroft. ticularly from someone who wants to cast by Senator Ashcroft. Why did Sen- Believe me, I have done that. And I be an Attorney General, is the right to ator Ashcroft oppose Ambassador have looked into the hearts of people give someone you are criticizing the Hormel, a very well-known business- who John Ashcroft has hurt. I believe right to be heard. man, a beautiful family—why?

VerDate 31-JAN-2001 04:25 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.061 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S883 Let’s check the record. In 1998, when He hurt James Hormel deeply by not hurtful to the people in this country asked about the nomination of James allowing that Ambassadorship to come who were looking to Bill Lann Lee as a Hormel, Senator Ashcroft said: up for a vote. I think that kind of hurt role model. His conduct and the way in which he would says to me that when I look at his This is what John Ashcroft said represent the United States is probably not heart, I don’t see the kindness and the about Bill Lann Lee: up to the standard that I would expect. caring about other people. We don’t need an individual who is trying Senator Ashcroft continued: So, you would say, OK, that was two. to go against the Constitution as recently He has been a leader in promoting a life- That was Ronnie White and James interpreted by the Supreme Court. We need style. . .and the kind of leadership he’s ex- someone who is going to say I’m here to pro- Hormel. Do we stop there? Unfortu- vide the administration. hibited there is likely to be offensive nately, we don’t. We go to Margaret Bill Lann Lee said under oath that he to. . .individuals in the setting to which he Morrow. Was John Ashcroft fair to would uphold the Constitution, just as will be assigned. Margaret Morrow, the first woman to John Ashcroft is saying he will. Yet he This is the comment of John head the Los Angeles Bar Association Ashcroft on the nomination of James did not give Bill Lann Lee a chance. He and the California Bar Association, hurt this man deeply. Hormel. Clearly, by this statement— nominated to the Federal district court He has been a leader in promoting a life- That is a story of looking into the in May of 1996, and not until 2 whole heart of someone. I think you have to style. . .and the kind of leadership he has ex- years later were we able to finally get hibited there is likely to be offensive be judged by not only your words but to. . .individuals in the setting to which he a vote? And I must thank Chairman your deeds in totality, so I have not will be assigned. HATCH for that—by February 11, 1998. given one example; I have given four. I Why did it take so long? Simple: To me, you don’t have to have a de- could give more. I will not. John Ashcroft placed a secret hold on gree in psychology to understand what I want to talk about the Southern Ms. Morrow’s nomination. The hold John Ashcroft is saying. He is saying Partisan. I want to talk about the fact kept Morrow from having a vote on the he is a leader in promoting a gay life- that John Ashcroft as a Senator in 1998 Senate floor; it kept her from having a style. That is what he is saying. gave an interview to the Southern Par- This issue came up at the Judiciary fair up-or-down vote. tisan magazine. Put in a most straight- I do not think that is fair. That was Committee. When Senator LEAHY forward way, this magazine promotes asked John Ashcroft if he opposed hurtful. He said she was an ‘‘activist racism. James Hormel because he was gay, judge.’’ In fact, Ms. Morrow had over- This is a picture of a T-shirt that is Senator Ashcroft replied: whelming Republican support, to the advertised in this magazine. This is a contrary. portrait of Abraham Lincoln, and they I did not. Robert Bonner, a U.S. attorney ap- sell this on a T-shirt. This is Latin. It He said: pointed by Ronald Reagan, supported says: ‘‘Thus be it to tyrants.’’ It is a I made a judgment that it would be ill-ad- her. Many Senators from the Judiciary picture of Lincoln: ‘‘Thus be it to ty- vised to make him an ambassador based on Committee, including Senator HATCH, rants.’’ Those are the words that were the totality of the record. supported her. James Rogan supported uttered by the assassin of Abraham He went on to say: her. And yet he put this hold on her. Lincoln. Abraham Lincoln was quoted I had known Mr. Hormel for a long time. Finally, we were able to get him to by Senator BROWNBACK, and he made a Ambassador Hormel responds: back off. For 2 years, that court ran beautiful speech. This is sold by this There is simply no truth in Mr. Ashcroft’s without Margaret Morrow on it, and magazine. The words of John Wilkes statement that he had any objective basis or now she serves proudly after getting a Booth are underneath: ‘‘Thus be it al- personal knowledge upon which to vote vote of 67–28. ways to tyrants.’’ against my nomination. He was so out of line on that. A In his interview, John Ashcroft He went on to say: strong majority supported Margaret praised the magazine and its mission: He refused to give any specific example of Morrow. Your magazine also helped set the record anything in my record on which to base his You have heard the stories: Ronnie straight. You’ve got a heritage of doing that, opposition. I can only conclude Mr. Ashcroft White, James Hormel, Margaret Mor- of defending southern patriots. Traditional- chose to vote against me solely because I am ists should do more. I’ve really got to do a gay man. row, human beings with faces and more. We’ve all got to stand up and speak in Is this fair? I already talked about hearts and pulses who were hurt by this respect or else we will be taught that Ronnie White. Senator Ashcroft never John Ashcroft, hurt deeply by John these people were giving their lives, ascrib- had the courtesy to ask Ronnie White Ashcroft. But there is more. ing their sacred fortunes and their honor to some perverted agenda. any questions about the case that he Bill Lann Lee, was John Ashcroft fair said disqualified Ronnie White for a to him when he was nominated to be Now he says he did not know about judgeship. And he led a fight here on Assistant U.S. Attorney for Civil the magazine. Let’s look at that. First of all, there was an amazing ex- the floor such that we have not seen in Rights? When he arrived here in 1997, change in the committee between Sen- 50 long years to defeat Ronnie White. he had a long record at the NAACP of ator BIDEN and John Ashcroft. Senator And he refused to meet at that time fighting discrimination. Yet even Lee’s former corporate opponents came to BIDEN gave John Ashcroft the oppor- with Ambassador Hormel. tunity to denounce this magazine. He Ambassador Hormel said: I want to lobby for him—what a wonderful per- son he is. said: What do you think of it now that meet with you, Senator Ashcroft. you know what they do, what they No. He refused. And Mr. Hormel stat- He supported the law, the law of giv- stand for, the T-shirt, and the rest? ed he cannot remember having a single ing people a chance, affirmative action John Ashcroft basically did not answer conversation with the Senator. laws. John Ashcroft did not like that him. Senator BIDEN was taken aback Then, in his answers to a written fol- law, which, by the way, he will be because he had the opportunity to say: low-up question after the Judiciary sworn now to uphold. He blocked Bill This is a racist magazine; I’ll never Committee hearings last week, John Lann Lee’s nomination, and Bill Lann Lee never got an up-or- down vote. He talk to them. He did not say it. He Ashcroft changes his story. Ashcroft said: I deplore what is deplorable. That stated that: served as an acting head of that divi- sion. was his response to Senator BIDEN. [B]ased on the totality of Mr. Hormel’s ad- He had a chance. He said: vocacy, I didn’t believe he would effectively I know the story of Bill Lann Lee. He is an incredible example of the Amer- On the magazine, frankly, I can’t say that represent the United States in Luxembourg, I knew very much at all. . . . I’ve given mag- the most Roman Catholic country in all of ican dream. He worked his way up from azine interviews to lots of people . . . and I Europe. the bottom of the economic ladder. His regret that speaking to them is being used to So we have different answers. First, father ran a laundry where they sweat- imply that I agree with their views. it was the totality of his knowledge of ed every single day to help their son If you go back to what he said when Mr. Hormel, whom he knew so well. get an education, and this is the way he spoke to them, he said: Then Mr. Hormel says: He didn’t even he was treated in the greatest nation Your magazine also helped set the record want to meet with me. And then he in the world. It was hurtful. It was very straight. You’ve got a heritage of doing that, changes his answer again. hurtful to Bill Lann Lee. It was very of defending southern patriots. . . .

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.113 pfrm02 PsN: S31PT1 S884 CONGRESSIONAL RECORD — SENATE January 31, 2001 So how does he say he never heard of case challenging nurses’ authority to act as the largely African American city of the magazine when you look at his the nurses herein acted. St. Louis; in other words, a bill to quote and he knows of the magazine, In other words, in 40 States, not one allow the League of Women Voters to because he says: other attorney general ever sued encourage voter registration. Your magazine also helped set the record nurses and tried to stop them from pro- The very interesting bottom line of straight. You’ve got a heritage of doing that, viding these services to women. On this this case is, in the white parts of the of defending southern patriots. . . . occasion, it was in rural clinics. So county he allowed this voter registra- And it goes on. It does not ring true. when John Ashcroft says he is going to tion to go on. When he vetoed the first He had a chance in simple language uphold settled law, I am sure he said bill, he said he had a problem with it. to say: I will never talk to them again. that when he was the attorney general But then he vetoed it again. It seems He did not do it. of Missouri. to me that anyone who believes that We could look at Bob Jones Univer- Then, if we look at other issues con- we ought to have our voting rights be sity, and I will not go into the details cerning women, he also sued the Na- sacred in this Nation would have prob- of that, but we have to believe that he tional Organization for Women. When lems voting for this nominee. knew about the racist policies when he he was an attorney general in the 1980s, The St. Louis Post-Dispatch noted at accepted their degree because those he sued NOW to stop their campaign to the time: policies were the subject of a huge Su- win ratification of the Equal Rights Gov. John Ashcroft has decided that [some preme Court case that was decided Amendment. Now, maybe he does not citizens] . . . should continue to be treated when he was attorney general of Mis- agree with the Equal Rights Amend- differently from others on the matter of voter registration. souri. ment, he does not want women to be The case was Bob Jones v. the United equal through the Equal Rights So, Mr. President, I am sure you are States. It was on the front page of the Amendment. Maybe he does not believe glad to hear I am about to sum up, to finish. What I have tried to do in this major newspapers when it was decided. it is necessary, for whatever reason. presentation is to speak from my heart In that case, the Supreme Court re- But to sue a woman’s organization for because that is what George Bush versed the university’s tax exempt sta- 3 years—losing at every step but never asked me to do. He said: Look in your tus because of the racist policy that giving up; taking it to the U.S. Su- heart and look in the heart of John John Ashcroft said he did not know preme Court after the Circuit Court of Ashcroft. I believe that he meant for about. But he was an attorney general Appeals, and they all rejected his argu- at the time that decision came down. me to do that. ments—it seems to me, since that was In my advise and consent responsi- Again, I think he could have said also settled law in a case from 1961, we more at the hearings to distance him- bility, I have looked into the heart of have to question: What does he mean John Ashcroft. And how can I do it? By self from the university’s policies. when he says he will accept settled looking at the way he treats other peo- These are the things that say to me, law? out of the 280 million Americans in our ple. My mother taught me to do that. Voluntary desegregation: Others You can say a lot of things in life. You country, there has to be someone who have spoken about this. How do you is better suited for this job. can tell your kids, be good to your fight a voluntary desegregation plan neighbor, but if they see you walk past We have heard a lot about a woman’s that everyone came together and said right to choose. Regardless of your your neighbor, if your neighbor is lying was a good way to help our kids? Well, on the street, they know something is feelings on it—I happen to be of a mind he figured out how to do it. And I will that the Government has no business not right. tell you, his rhetoric was very strong. When I talk to people and see people telling a woman about her reproductive He called the voluntary plan an ‘‘out- such as Ronnie White—a beautiful fam- health care in the beginning of a preg- rage against human decency’’ and an ily man, qualified, the American dream nancy, which is Roe v. Wade; that is ‘‘outrage against the children of this personified—humiliated on the Senate the law of the land—I would hope we State.’’ floor, I cannot look away from that. could come together when it comes to The conservative Economist maga- When I see Margaret Morrow hanging preventing unwanted pregnancies by zine described Ashcroft this way—and and twisting in the wind for 2 years be- contraception. That seems to be an it turned out he and his opponent were cause John Ashcroft put a secret hold area of common ground where both both arguing: on her, I have to look at that. When I sides could come together. Because if The campaign quickly degenerated into a see James Hormel, a distinguished you do not get pregnant, if you do not context over who was most opposed to the man, humiliated, hurt, turned down for want a child, you do not have to have plan for voluntary racial desegregation . . . an Ambassadorship because he hap- an abortion. It works. It will lower the The court roundly criticized then-At- pened to be a gay man, I cannot look number of abortions. torney General Ashcroft. They said: away from that. And when I see Bill But when John Ashcroft was attor- The court can only draw one conclusion Lann Lee, whose father and mother ney general, he sued nurses who were . . . the state has, as a matter of deliberate sweated in a laundry so that he could giving contraception to women. Let me policy, decided to defy the authority of this get the American dream—when I see repeat that. He went against settled court. him hurt and humiliated—I cannot law in Missouri when he was attorney From the St. Louis Post-Dispatch in look away from that. general. He tried to stop nurses, 1982, Ashcroft was ‘‘making himself a Maybe my colleagues can, and they through the courts, from handing out familiar advocate before the Supreme see other things that I do not see. I re- contraception. It was settled law that Court, most often as the antagonist of spect them so much. And I respect those nurses could do it, but John civil rights interests.’’ their right to feel strongly, just as I do Ashcroft argued that Missouri law did So here you have a nominee, who is on the other side of this issue. But I not allow for it. supposed to firmly uphold the civil have taken this time because I feel so The Missouri Supreme Court ruled rights laws, being called an antagonist deeply about this. against John Ashcroft. It strongly of civil rights interests in an article in The Attorney General is the Nation’s pointed out his interpretation was out 1982. guardian of civil rights, of human of step with settled law. This is what This was an election where many Af- rights, of women’s rights, of the envi- the Missouri Supreme Court had to rican American voters believed they ronment, of sensible gun laws. He or say: were disenfranchised. They are looking she must be moderate to bring the We believe the acts of the nurses [pro- at this Senate and thinking they can- country together. What did John viding contraceptives, breast and pelvic not believe that this is the individual Ashcroft say about moderates? He said: exams] are precisely the types of acts the George Bush would put before us. Why There are two things you find in the mid- legislature contemplated.... do I say that? Because there is a case dle of the road: A moderate and a dead The Court believes that it is significant skunk, and I don’t want to be either. that while at least forty states have modern- on point about voter registration. ized and expanded their nursing practice While John Ashcroft was Missouri Gov- Mr. President, I have looked into the laws during the past fifteen years, neither ernor, he vetoed a bill that would have heart of John Ashcroft. I do not think counsel nor the Court have discovered any allowed volunteers to register voters in he is the right person for this job.

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.115 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S885 I yield the floor. posed by many of Senator Ashcroft’s to the respect that Americans have for their Mr. HATCH. Mr. President, another constituents and also by major law en- freedoms and the liberty that was at the core topic that keeps being brought up forcement groups, including the Na- of those who founded this country, and when again and again is Senator Ashcroft’s we see George Washington, the founder of tional Sheriffs’ Association and the our country, called a racist, that is just total opposition to Judge Ronnie White. I Missouri Federation of Police Chiefs. revisionist nonsense, a diatribe against the am concerned that some of my col- Sheriff Kenny Jones, whose wife and values of America. Have you read Thomas leagues continue to denigrate Senator colleagues were killed by Johnson, tes- West’s book, ‘‘Vindicating the Founders’’? Ashcroft for his involvement in the tified, ‘‘I opposed Judge White’s nomi- ‘‘Interviewer: I’ve met Professor West, and nomination of Judge Ronnie White. It nation to the federal bench, an I asked I read one of his earlier books, but not that Senator Ashcroft to join me because of one. has been said that Senator Ashcroft ‘‘Ashcroft: I wish I had another copy: I’d distorted Judge White’s record and Judge White’s opinion on a death pen- send it to you. I gave it away to a newspaper wrongly painted him as pro-criminal alty cease. . . in his opinion, Judge editor. West virtually disassembles all of and anti-law enforcement. White urged that Johnson be given a these malicious attacks the revisionists have But there were many reasons to vote second chance at freedom. I cannot un- brought against our Founders. Your maga- against confirmation for Judge White. derstand his reasoning. I know that the zine also helps set the record straight. In fact, every Republican in the Senate four people killed were not given a sec- You’ve got a heritage of doing that, of de- fending Southern patriots like [Robert E.] did so. I have reviewed Judge White’s ond chance.’’ Finally, many of my colleagues have Lee, [Stonewall] Jackson and [Jefferson] record and several of his dissenting Davis. Traditionalists must do more. I’ve got opinions in death penalty cases, and I alleged that Senator Ashcroft’s opposi- to do more. We’ve all got to stand up and can understand Senator Ashcroft’s op- tion to Judge White was underhanded speak in this respect, or else we’ll be taught position to Judge White’s nomination and done with stealth. Well, Senator that these people were giving their lives, to the federal bench. Ashcroft voted against Judge White’s subscribing their sacred fortunes and their For instance in the Johnson case, the nomination in committee. He ex- honor to some perverted agenda.’’ pressed his disapproval at that time. If Ashcroft’s language is telling. It is a clear defendant was convicted on four counts reference to the final words of the Declara- of first-degree murder for killing three he had held up the nomination in com- tion of Independence, where the signers officers and the wife of the sheriff. mittee without allowing it to proceed ‘‘pledge to one another our lives, our for- Johnson was sentenced to death on all to the floor he would have been criti- tunes, and our sacred honor.’’ The ‘‘perverted counts. On appeal, the Missouri Su- cized for delay. agenda’’ to which Ashcroft alludes is the ide- preme Court upheld the decision, but Indeed, Senator BOXER pleaded dur- ology of proslavery, which he is utterly re- jecting here. Judge White dissented arguing for a ing a debate about several judges in- cluding Ronnie White, ‘‘Southern Partisan’’ has been described, new trial based on ineffective assist- correctly, as a magazine that defends the ance of counsel. Judge White thought I beg of you, in the name of fairness and South in the Civil War. But Ashcroft has just that Johnson deserved further oppor- justice and all things that ace good in our pointed out, correctly, that ‘‘liberty’’—not country, give people a chance. If you do not slavery—was ‘‘at the core’’ of the founding, tunity to present a defense based on think they are good, if you have a problem post-traumatic stress disorder. But the and that Washington was not a racist. His with something they said or did, bring it praise of the three Confederate leaders, majority showed that here was no cred- down to the floor. We can debate it. But therefore, must be taken in context as an ex- ible evidence that Johnson suffered please do not hold up these nominees. It is pression of respect for men of honor and tal- from this disorder. Rather, it was clear wrong. You would not do it to a friend.— ent, but in no way for the proslavery policies that defense counsel had fabricated a Cong. Rec. S. 11871, Oct. 4, 1999. of the Confederacy. story that was quickly disproved at Thus, Senator Ashcroft was between Ashcroft was deploring, quite sensibly, trial. For instance, defense counsel a rock and a hard place as to how to that people are being taught to despise and hate the Founders, instead of respecting stated that Johnson had placed a pe- raise his legitimate concerns about them for creating the first country in his- rimeter of cans and strings and had de- Judge White. tory dedicated to the principle that ‘‘all men flated the tires of his car. At trial, tes- Senator Ashcroft is a man of tremen- are created equal.’’ timony revealed that police officers dous integrity, one of the most quali- My ‘‘Vindicating the Founders’’ shows that had taken these actions, not the de- fied nominees for Attorney General this dedication led directly to the abolition fendant. that we have ever seen. His opposition of slavery in the northern states, and to the 1787 law banning slavery from the territories Further, Congressman KENNETH to Judge White was principled and in north of the Ohio River. These states became HULSHOF, the prosecutor in the John- keeping with the proper exercise of the the American heartland that later, following son case testified at Senator Ashcroft’s advice and consent duty of a senator. I Lincoln’s lead, stood up for the founding hearings that it was almost impossible regret that we have needed to revisit principles, won the Civil War, and abolished to make out an argument for ineffec- this issue at such great length. slavery throughout the country. tive assistance of counsel because the Mr. KYL addressed the Chair. Contrary to opponents of his nomination, defendant ‘‘hired counsel of his own The PRESIDING OFFICER (Mr. AL- taken as a whole this interview shows that Ashcroft is an admirer of the ‘‘liberty that choosing. He picked from our area in LARD). The Senator from Arizona. Mr. KYL. I ask unanimous consent to was at the core’’ of the American founding. mid-Missouri what...I referred to as He is therefore likely to be especially re- a dream team.’’ have an op-ed piece, which responds to spectful toward the original meaning of the Judge White has every right to pen a one of the points that Senator BOXER Constitution, which was designed to secure dissent in Johnson and other cases in- was raising, be printed in the RECORD. ‘‘the blessings of liberty to ourselves and our volving the death penalty. Similarly, There being no objection, the mate- posterity.’’ The deeper point that Ashcroft was point- every Senator has the duty to evaluate rial was ordered to be printed in the RECORD, as follows: ing to is this: Liberals today generally agree these opinions as part of Judge White’s with Bill Clinton, who said in a 1997 speech JOHN ASHCROFT, AMERICAN PARTISAN judicial record. And that’s just what that Thomas Jefferson’s view of equality Senator Ashcroft did. At no time did (By Thomas G. West) meant that ‘‘you had to be white, you had to Senator Ashcroft derogate Judge Frustrated by the absence of any real dirt be male, and . . . you had to own property.’’ White’s background. on Senator John Ashcroft, his ideological en- Because Clinton and other liberals misunder- I consider Judge White to be a decent emies have descended into dishonesty and stand the founding so badly, they believe in distortion. He is being attacked as a racist a ‘‘living Constitution’’ whose meaning man with an impressive personal back- and a defender of slavery. A quotation from changes to keep up with the times. Or, as ground. He has accomplished a great his 1998 interview with ‘‘Southern Partisan’’ Clinton put it in the same speech, our his- deal and come up from humble begin- magazine has been denounced with par- tory is the story of ‘‘new and higher defini- nings. But his record of dissenting in ticular venom. tions—and more meaningful definitions—of death penalty cases was sufficiently Those circulating that quotation suggest equality and dignity and freedom.’’ troubling to cause Senator Ashcroft that Ashcroft was praising the confederate John Ashcroft believes in the original defi- cause, including slavery. But in context he nition of equality and liberty: that all and others to oppose the nomination. human beings deserve to be free and to keep Many of my colleagues have im- was praising the antislavery principles of America’s Founding Fathers. I should know, the property they earn with their own hands, pugned Senator Ashcroft’s motives for because he was talking about my book. rather than have it taken away by a govern- voting against Judge White. But Judge Here is how the full quotation reads in the ment that pretends to know better than they White’s nomination was strongly op- original: ‘‘Ashcroft: Revisionism is a threat do what to do with that property.

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.117 pfrm02 PsN: S31PT1 S886 CONGRESSIONAL RECORD — SENATE January 31, 2001 In the incoming Bush administration, with strict scrutiny, that is such classifica- basis of race, gender, or national ori- Ashcroft as Attorney General, perhaps tions must be narrowly tailored to gin. These suits continue despite the America has a chance to go back to the gen- serve a compelling governmental inter- fact that Proposition 209 has repeat- uine principles of the Founders, without try- est. The Supreme Court made clear edly been upheld by federal courts. ing to come up with ‘‘new and higher defini- tions’’ of them, as has been the habit of the that there was no such thing as a ‘‘be- Finally, under Bill Lann Lee, the Di- past eight years. nign’’ racial classification, and that vision continued to defend the federal Ashcroft has also been unjustly vilified for the government may treat people dif- contract set-aside struck down by the a speech at Bob Jones University in 1999. His ferently because of their race for only Supreme Court in Adarand. words, ‘‘We have no king but Jesus,’’ have the most compelling reason. This view At the time of Mr. Lee’s nomination been denounced as narrow and bigoted—as if of governmental racial classifications I made a lengthy speech on this floor. the Constitution had some sort of religious comports with the development of con- I regret that Mr. Lee’s tenure has test that excludes serious Christians from stitutional protections for civil lib- shown that my concerns were not un- public office. Yet in that speech, as in the founded. Mr. Lee’s actions show that ‘‘Southern Partisan’’ interview, Ashcroft erties. Senator Ashcroft is solidly with singled out for his highest praise the Found- the Supreme Court on this issue. he was unable to distinguish the sub- ers’ inclusive vision of equal rights for all. Some of my colleagues and certain stantive role of being a law enforcer for To his Bob Jones audience, Ashcroft quotes special interest groups have especially all citizens from being a private activ- with reverence the Declaration’s famous questioned Senator Ashcroft’s ability ist litigator charged with pushing the phrases, including ‘‘endowed by our Creator to support and defend civil liberties be- limits of the law. with certain inalienable rights.’’ He cele- cause he opposed the nomination of Senator Ashcroft’s principled opposi- brates the fact that Christians, indeed most Bill Lann Lee to be Assistant Attorney tion to Mr. Lee has been vindicated Americans, believe these rights come from over time. Not only was Mr. Lee an ac- ‘‘our Creator,’’ not from a merely ‘‘civic and General for Civil Rights. Well, all but temporal’’ source in ‘‘Caesar’’ or ‘‘the king.’’ one Republican in the Judiciary Com- tivist, but he continued to pursue his For, as Ashcroft knows, if our rights come mittee opposed this nominee. Let me activist agenda once in a position of merely from government, then government say that I have the highest personal re- trust for all Americans. The signs that may one day decide to take them away. gard for Mr. Lee and the difficult cir- he would do this were clear at his hear- In this conviction he expresses his agree- cumstances in which his family came ings at which he narrowly defined the ment with the greatest statesmen and heroes to this country, worked hard, and real- rule in Adarand and could not distin- of the past, from Washington and Jefferson ized the American dream. guish cases that he would bring as As- to Lincoln and Reagan. Despite this high personal regard, I sistant Attorney General from those he Based on these two Ashcroft pronounce- ments—his ‘‘Southern Partisan’’ interview, was deeply concerned about Mr. Lee’s brought in the NAACP Legal Defense and his Bob Jones speech—a fair-minded nomination because much of his career Fund. reader would conclude that Ashcroft is just was devoted to preserving constitu- By contrast, Senator Ashcroft has re- the kind of man that America needs as its tionally suspect race-conscious public peatedly distinguished his role as a leg- next Attorney General: a man devoted, to policies that ultimately sort and divide islator from that of the Attorney Gen- the depth of his heart, to the great principle citizens by race. At the time of his eral. He understands that his political of the equality of men that has made Amer- hearings, it was clear that he would advocacy gets checked at the door of ica the greatest nation on earth. have us continue down the road of ra- the Department of Justice. Senator Mr. HATCH. Mr. President, I wish to cial spoils, a road on which Americans Ashcroft has repeatedly stated that he discuss some civil rights issues sur- are seen principally through the look- would enforce the law as it exists to rounding the nomination of Senator ing glass of race. As the Supreme Court protect the civil liberties of all Ameri- Ashcroft to be Attorney General. At has held, that would be unconstitu- cans. He is committed to defending the the hearings and in supplemental ques- tional. constitutional rights of all individuals tions, my colleagues have raised issues Indeed, it is now clear that we were and has testified that he will make the concerning Senator Ashcroft’s plans right to oppose the nomination of Mr. enforcement of civil rights one of his for the Civil Rights Division of the De- Lee. Over the Senate’s objections, topmost priorities. As Senator partment of Justice should he be con- President Clinton made a recess ap- Ashcroft stated, ‘‘My highest priority firmed as Attorney General. Let me pointment of Mr. Lee to head the Civil is to ensure that the Department of say that I am confident that Senator Rights Division. His record has been Justice lives up to its heritage of en- Ashcroft will fight for the civil rights one of pursuing constitutionally sus- forcing the rule of law, and in par- and liberties of all Americans. He be- pect, race-based policies at great cost ticular, guaranteeing legal rights for lieves that everyone deserves an oppor- to civil liberties. the advancement of all Americans.... tunity to succeed and that those at the Under Mr. Lee’s leadership, the Civil [O]ne of my highest priorities at the bottom of our society may need a help- Rights Division has waged a war Department will be to target the un- ing hand. against testing standards in public sec- constitutional practice of racial Senator Ashcroft strongly supports tor employment based on what he con- profiling.’’ ‘‘affirmative access’’ programs. As he siders to be the ‘‘adverse impact’’ of Senator Ashcroft will be a faithful testified, ‘‘We can expand the invita- such testing. He has repeatedly sought guardian of our civil liberties, and it is tion for people to participate aggres- to replace objective hiring processes for this reason and many others that I sively so that no one is denied the ca- with devices designed to boost minori- wholeheartedly support his nomination pacity to participate simply because ties. to be Attorney General. they didn’t know about the opportuni- In 1998, a federal judge, a Carter-ap- Mr. President, some claim that Sen- ties. We can work on education, which pointee, assessed an unprecedented $1.8 ator Ashcroft will not uphold the law is the best way for people to have ac- million attorney fee award against the with regard to abortion. cess to achievement.’’ Civil Rights Division for a lawsuit I think it would be appropriate at Senator Ashcroft wants to encourage against the city of Torrance, Cali- this time to set the record straight on achievement and access to achieve- fornia. The Judge found the suit ‘‘frivo- John Ashcroft’s record and commit- ment. He wants to avoid what Presi- lous, unreasonable and without founda- ments regarding abortion—an issue we dent Bush called the ‘‘soft bigotry of tion.’’ Despite this embarrassment, the have heard a lot about during this con- low expectations’’ that fuels many Division continues to argue that using firmation process. race-conscious programs. test results and hiring those who score While Senator Ashcroft’s critics have It is true that Senator Ashcroft is best on the test is, in the words of one spared nothing in their attempts to skeptical about government programs civil rights division deputy, ‘‘the worst distort his record and create fear, Sen- that categorize people by race. Many of possible way to select applicants.’’ ator Ashcroft’s record over 25 years as these programs would be unconstitu- Furthermore, under Mr. Lee, the a public servant, and his testimony be- tional under the Supreme Court’s deci- Civil Rights Division has continued the fore the Judiciary Committee during sion in Adarand v. Pena. That decision legal challenge to Proposition 209, a his confirmation hearing, demonstrate stated that all governmental racial measure that prohibited government his lifelong commitment to the rule of classifications should be subject to discrimination of Californians on the law and his respect for the uniquely

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.064 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S887 different roles of a legislator and a law Senator Ashcroft would vigorously en- they can be serious. Does this mean enforcer. Senator Ashcroft has proven force clinic access and antiviolence that a person of character and integ- that he can objectively interpret and statutes. Being pro-life is not incon- rity who had been active in the pro- enforce the law—even where the law sistent with opposing violence at clin- choice movement could never be Attor- may diverge from his personal views on ics. The primary focus of the opposi- ney General? And what about the death policy. His record and character dem- tion has been the Freedom of Access to penalty? Could we have no future At- onstrate that he can be, as he has Clinic Entrances Act of ‘‘FACE’’. Sen- torney General, regardless of how hon- pledged, ‘‘law oriented and not results ator Ashcroft supports the FACE law, est and well-qualified, who opposed the oriented.’’ and always has. death penalty? Of course not. In fact, Contrary to the fear-mongering of his Senator Ashcroft testified specifi- Republicans voted to confirm Janet critics, Senator Ashcroft will enforce cally on how he would enforce FACE Reno, despite her personal opposition the law protecting a woman’s right to and other clinic access and to the death penalty, because she said an abortion. He was very straight- antiviolence laws. He stated clearly she could still enforce the law even forward in his testimony before the Ju- that he would enforce these laws ‘‘vig- though she disagreed with it. diciary Committee when he stated orously’’, that he would investigate al- If this is not about ideology, then we that, in his view, Roe versus Wade is legations ‘‘thoroughly’’ and that he should get to the business of con- settled law and that the Supreme would devote resources to these cases firming Senator Ashcroft. He has given Court’s decisions upholding Roe ‘‘have on a ‘‘’priority basis.’’ strong and specific assurances to the been multiple, they have been recent He further stated that he would Senate on abortion and other ques- and they have been emphatic.’’ He said maintain the appropriate task forces tions. These assurances are backed up he would enforce the law as interpreted which have been created to facilitate by his proven record as Missouri attor- by the Supreme Court. enforcement of clinic access and ney general and Governor. Most impor- When asked whether he would seek antiviolence statutes. tantly, they are backed up by Senator to change the Supreme Court’s inter- These statements are totally con- Ashcroft’s personal integrity and de- pretation of the law, Senator Ashcroft sistent with Senator Ashcroft’s long cency—characteristics he holds as is stated that ‘‘it is not the agenda of the record of speaking out against violence known personally by almost every President-elect to seek an opportunity and his belief that the first amendment Member of this body. to overturn Roe. And as his Attorney does not give anyone the right to ‘‘vio- Members know John Ashcroft is a General, I don’t think it could be my late the person, safety, and security’’ man of his word—it’s time that they agenda to seek an opportunity to over- of another. act on it and confirm him as Attorney turn Roe.’’ He also stated that as At- Senator Ashcroft has always spoken General. torney General, it wouldn’t be his job out against clinic violence and other Mr. President, some have criticized to ‘‘try and alter the position of the ad- forms of domestic terrorism. He has Senator Ashcroft’s handling of voter ministration.’’ written to constituents about his registration in Missouri. Some of my Senator Ashcroft clearly recognized strong opposition to violence and his colleagues have charged that as Gov- the importance of not devaluing ‘‘the belief that, regardless of his personal ernor, John Ashcroft essentially currency’’ of the Solicitor General’s Of- views on abortion, people should be blocked two bills that would have re- fice by taking matters to the Supreme able to enter abortion clinics safely. He quired the city of St. Louis Board of Court on a basis the Court has already voted for Senator SCHUMER’s amend- Election Commissioners to deputize stated it does not want to entertain. He ment to the bankruptcy bill that made private voter registration volunteers. noted that in this way, ‘‘accepting Roe debts incurred as a result of abortion These bills were opposed by both and Casey as settled law is important, clinic violence non-dischargeable in Democrats and Republicans in St. not just to this arena, but important in bankruptcy. Louis. Opposition included the bipar- terms of the credibility of the Depart- Senator Ashcroft has always con- tisan St. Louis County Board of Elec- ment.’’ demned criminal violence at abortion tion Commissioners, the St. Louis He said he would give advice based clinics—or anywhere for that matter— Board of Aldermen President Tom upon sound legal analysis, not ideology and believes people who commit these Villa, and St. Louis circuit attorney or personal beliefs. He made a commit- acts of violence and intimidation George Peach. Tom Villa was a noted ment that ‘‘if the law provides some- should be punished to the fullest extent Democratic leader, and St. Louis cir- thing that is contrary to my ideolog- of the law. As Attorney General he’ll cuit attorney George Peach was a Dem- ical belief, I would provide them with do just that. ocrat who was the prosecutor in the St. that same best judgment of the law.’’ Access to contraceptives is another Louis area. All of these people opposed From Senator Ashcroft, those are not area that I think Senator Ashcroft has the legislative plan. The recommenda- just words. Throughout his career, he been unfairly criticized. His critics tions of these officials was one of the has demonstrated that he can do just make dire predictions about the future reasons that John Ashcroft vetoed the that. that are totally unsupported by Sen- bills. For example, as Missouri Attorney ator Ashcroft’s testimony. Senator It was insinuated during the hearings General, Senator Ashcroft did not let Ashcroft could not have testified any that these actions were taken out of his personal opinion on abortion cloud more clearly on the issue of contracep- some kind of partisan or racial motiva- his legal analysis. He protected the tion. He stated that: ‘‘I think individ- tion, because the city of St. Louis is confidentiality of abortion records uals who want to use contraceptives predominantly black and Democratic. maintained by the Missouri Depart- have every right to do so . . . [and] I But this implication is seriously dis- ment of Health—even when they were think that right is guaranteed by the credited by the history of voter reg- requested by pro-life groups. Constitution of the United States.’’ He istration in St. Louis and earlier Fed- Likewise, when asked to determine also testified that he would defend cur- eral court cases. whether a death certificate was re- rent laws should they be attacked. The city board has a long history of quired for all abortions, regardless of What more can he say? Is there any- refusing to deputize private voter reg- the age of the fetus, Attorney General thing a pro-life nominee could say to istration deputies, long before John Ashcroft—despite his personal view please the pro-abortion interest Ashcroft appointed anyone to that that life begins at conception—issued groups? board. Indeed, in 1981 a lawsuit was an opinion that Missouri law did not Senator Ashcroft’s opponents take filed against the members of the St. require any type of certificate if the great pains to say that they do not op- Louis board concerning the failure to fetus was 20 weeks old or less. His legal pose him on ideological grounds. Well deputize voter registration deputies. analysis was fair and objective and un- you could have fooled me. Their argu- The Federal District Court for the affected by what his policy views may ment is that someone who has been ac- Eastern District of Missouri explicitly have been. tive in advocating a particular policy rejected charges of racial animus. The There has also been, what I consider, position cannot set that aside and en- court found that the board properly re- unfounded skepticism over whether force the law fairly. I don’t believe fused to deputize volunteers to prevent

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.067 pfrm02 PsN: S31PT1 S888 CONGRESSIONAL RECORD — SENATE January 31, 2001 fraud and ensure impartiality and ad- he does not know very much about it. know about, so long as that condemna- ministrative efficiency. Moreover, He confessed that he should have done tion is politically expedient. these conclusions were sustained by more research about it before talking Mr. President, I think this issue has the eighth circuit, in an opinion by to them. And he said that he did not in- shed light on why John Ashcroft will Judge McMillan, a prominent African- tend his telephone interview—or any be a fair and principled Attorney Gen- American jurist. other interview he has participated in eral. As he told the Judiciary Com- Some have also claimed that then- during his career—as an automatic en- mittee, ‘‘I believe racism is wrong. I re- Governor Ashcroft refused to appoint a dorsement of the editorial positions of pudiate it. I repudiate racist organiza- diverse group of commissioners to the those publications. John Ashcroft went tions. I’m not a member of any of election board. This is simply untrue. even further than that. He said, ‘‘I con- them. I don’t subscribe to them. And I Mr. Jerry Hunter, the former labor sec- demn those things which are condem- reject them.’’ These are straight- retary of Missouri, testified that Sen- nable’’ about Southern Partisan maga- forward words from an honest man. I ator Ashcroft worked hard to increase zine. This was a strong statement look forward to having such a man run- black representation on the St. Louis against any unacceptable ideas dis- ning our Department of Justice. City Election Board, but his efforts cussed in that publication. And it was Mr. President, I heard one of my col- were stalled by State senators. the strongest statement possible from leagues today criticize Senator Mr. Hunter testified that, ‘‘Governor someone who did not personally know Ashcroft’s view of the second amend- Ashcroft’s first black nominee for the the facts. St. Louis City Election Board was re- Despite Senator Ashcroft’s contrite- ment. While I disagree with these jected by the black State senator, be- ness and strong words, some Senators vague criticisms, I do believe that one cause that person did not come out of and interest groups have demanded of the biggest challenges that Senator his organization.’’ When then-Governor that Senator Ashcroft go out on a limb Ashcroft will face as Attorney General Ashcroft came up with a second black and add his derision based upon an ac- is to increase the prosecution of federal attorney, this candidate was also re- ceptance at face value of all the nega- gun crimes. Where there is little con- jected by two black State senators. As tive allegations concerning that maga- sensus in Congress regarding new gun Mr. Hunter stated, ‘‘[F]rom the begin- zine. In my opinion, Mr. President, this control legislation, there is widespread ning, any efforts to make changes in led to one of the most profound mo- consensus that current gun laws can the St. Louis City Election Board were ments of the confirmation hearings. A and should be prosecuted more vigor- forestalled because the state senators member of the committee pushed Sen- ously. wanted people from their own organiza- ator Ashcroft to label the Southern While the Clinton administration has tion.’’ Apparently for these State sen- Partisan magazine as ‘‘racist’’—even increased the regulation of licensed ators the political spoils system was after Senator Ashcroft explained that gun dealers, it has not increased the more important than the voters of St. he did not know whether that was true. prosecution of Federal gun crimes in a Louis. The profound part was John Ashcroft’s like manner. For example: Finally, my colleagues imply that response. He said, ‘‘I know they’ve been Between 1992 and 1998, prosecutions these voter registration issues will accused of being racist. I have to say of defendants who use a firearm in the make Senator Ashcroft less able to this, Senator: I would rather be falsely commission of a felony dropped nearly deal with allegations of voting impro- accused of being a racist than to false- 50 percent, from 7.045 to approximately prieties resulting from the Florida vote ly accuse someone else of being a rac- 3,800. in the Presidential election. Yet Sen- ist.’’ This exchange tells volumes about ator Ashcroft has repeatedly testified, It is a Federal crime to possess a fire- Senator Ashcroft’s moral character, ‘‘I will investigate any alleged voting arm on school grounds, but the Clinton deep sense of fairness, and his fitness rights violation that has credible evi- Justice Department prosecuted only dence. . . . I have no reason not to go for the office of Attorney General. It eight cases under this law in 1998, even forward, and would not refuse to go for- would have been a lot easier for him though more than 6,000 students ward for any reason other than a con- just to say, ‘‘Yes, I agree with anyone brought guns to school. The Clinton clusion that there wasn’t credible evi- who uses that term about someone Justice Department prosecuted only dence to pursue the case.’’ else.’’ Doing so would have saved him five such cases in 1997. Mr. President, a number of my col- from further bashing by the committee It is a Federal crime to transfer a leagues have continued to express con- and the press. It would have been po- firearm to a juvenile, but the Clinton cerns about Senator Ashcroft’s actions litically expedient. But John Ashcroft Justice Department prosecuted only with regard to conducting a telephone choose to take the high road, not to six cases under this law in 1998 and interview with a magazine called heap disdain onto something he didn’t only five in 1997. know about just because it would have Southern Partisan. Their concern is It is a Federal crime to transfer or suited his interests to do so. This was what message that interview might possess a semiautomatic assault weap- a vivid example of good judgment and have sent to the country. It is clear, on, but the Clinton Justice Department however, that Senator Ashcroft has good character. This is not to say that John Ashcroft prosecuted only four cases under this forthrightly and forcefully condemned law in 1998 and only four in 1997. racism and discrimination, and he has defended anything about the magazine. As his testimony to the Senate Judi- left no doubt or ambiguity regarding Clearly he did not. In fact, when Sen- ciary Committee made clear, Senator his views on that matter. ator BIDEN asked him whether the During his confirmation hearings, magazine was condemnable because it Ashcroft will reverse this trend and Senator Ashcroft said, ‘‘Let me make sells T-shirts that imply that Lincoln’s make gun prosecutions a priority. In something as plain as I can make it. assassin did a good thing, he answered: the Senate, John Ashcroft was one of Discrimination is wrong. Slavery was ‘‘If they do that, I condemn’’ it. And he the leaders in fighting gun crimes. For abhorrent. Fundamental to my belief clarified that ‘‘Abraham Lincoln is my example, in response to the decline in in freedom and liberty is that these are favorite political figure in the history gun prosecutions by the Justice De- God-given rights.’’ And in his responses of this country.’’ What John Ashcroft partment, Senator Ashcroft sponsored to written questions, he said, ‘‘I reject did was state his absolute intolerance legislation to authorize $50 million to racism in all its forms. I find racial dis- for racism and bigotry, and he did so hire additional Federal prosecutors and crimination abhorrent, and against ev- honestly without creating a straw agents to increase the Federal prosecu- erything that I believe in.’’ It is clear man, a scapegoat, or a fall guy. tion of criminals who use guns. to me that John Ashcroft believes in I think we need to ask anyone who is In addition, Senator Ashcroft au- equal treatment under the law for ev- not satisfied with John Ashcroft’s an- thored legislation to prohibit juveniles eryone. He believes in it, and he has swers what they really want. What do from possessing assault weapons and committed to fight to make it a reality his accusers think justice is? I surely high-capacity ammunition clips. The for all Americans. hope that no one in this body would Senate overwhelmingly passed the Now, as to the magazine itself, Sen- say that justice means the knee-jerk Ashcroft juvenile assault weapons ban ator Ashcroft contritely admitted that condemnation of things they do not in May of 1999.

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.070 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S889 Senator Ashcroft voted for legisla- agreed with such laws as a matter of he did enforce that involved strong be- tion that prohibits any person con- policy. liefs with which he did not agree? I victed of even misdemeanor acts of do- Senator Ashcroft’s record as Missouri don’t think they have, despite the rhet- mestic violence from possessing a fire- attorney general supports his pledge to oric. arm, and he voted for legislation to ex- defend and enforce gun laws regardless I will talk a little bit about experi- tend the Brady Act to prohibit persons of his personal beliefs. For example, as ence. John Ashcroft, regardless of your who commit violent crimes as juve- the attorney general of Missouri, John view about his stance on the issues or niles from possessing firearms. Ashcroft issued an opinion which inter- his ideology or selected quotes, is the In order to close the so-called ‘‘gun preted state law to prohibit pros- most experienced Attorney General show loophole,’’ Senator Ashcroft ecuting attorneys from carrying con- nominee in American history. Boy, voted for legislation, which I authored, cealed weapons, even though some that is a strong statement, but con- to require mandatory instant back- prosecuting attorneys conducted their sider the facts. Of the 67 persons who ground checks for all firearm purchases own investigations and faced dangerous have served in that office since the at gun shows. situations. This is a classic example of founding of the Republic, only one, Senator Ashcroft sponsored legisla- John Ashcroft upholding the law even John Ashcroft, has served as State at- tion to require a 5-year mandatory when he did not agree with it. torney general—that is two terms—and minimum prison sentence for Federal In short, John Ashcroft is a man of Governor of his State—two terms—and gun crimes and for legislation to en- integrity and great ability. With John as a U.S. Senator with service on the courage schools to expel students who Ashcroft as Attorney General, I am Senate Judiciary Committee. bring guns to school. confident that the Justice Department As Missouri AG, John Ashcroft was Senator Ashcroft voted for the Gun- will enforce Federal gun laws with un- elected the president of the National Free Schools Zone Act that prohibits precedented zeal. Association of Attorneys General. As the possession of a firearm in a school The PRESIDING OFFICER. The Sen- Missouri Governor, he was elected zone, and he voted for legislation to re- ator from Kansas. chairman of the National Governors’ quire gun dealers to offer child safety Mr. ROBERTS. Mr. President, I rise Association. If John Ashcroft’s execu- locks and other gun safety devices for today, as many of my colleagues have tion of these earlier public trusts was sale. done, in support of my friend and our as far ‘‘out of the mainstream’’ as his As a former state attorney general friend, Senator John Ashcroft, to be critics now claim, wouldn’t his fellow and president of the National Associa- Attorney General of the United States. State attorneys general or Governors, tion of Attorneys General, Senator It is always interesting, as the distin- including Democrats, have noticed and Ashcroft knows that criminal laws are guished Senator from California has in- said something? useless if not enforced. Given his prov- dicated, to look at people’s views in a His colleagues universally admire his en commitment to fighting gun vio- situation such as this. And I must say devotion to his faith. Mr. BYRD, the lence, there can be little doubt that At- that while I respect the Senator’s distinguished Senator from West Vir- torney General Ashcroft will make gun views and her comments, I guess what ginia, spoke to that earlier today and prosecutions a priority for the Justice I will describe as allegations, I do have made some excellent comments. Does Department. a different view. This does not add up that not imply he is then a man of con- Mr. President, I would like to address to the John Ashcroft I know as a neigh- science, that he will do what he says he one more issue concerning Senator bor. will do? John Ashcroft himself said: Ashcroft’s position on gun enforce- We have heard the debate. It has been My primary personal belief is that the law ment. Some special-interest groups considerable. We have all heard the is supreme; that I don’t place myself above have made the ridiculous assertion charge that Senator Ashcroft is some- the law, and I shouldn’t place myself above that an Ashcroft Justice Department how not fit to serve as Attorney Gen- the law. So it would violate my beliefs to do would not defend the constitutionality eral. But that really does not square it. of certain gun laws. As Senator with the John Ashcroft I know. He will enforce the law. Ashcroft noted at his hearing, there is We in Kansas have watched our Perhaps the most serious of the a longstanding policy for the Solicitor neighbor and observed his record for a charges against the Senator, our General’s office to defend Federal stat- great number of years. We think we former colleague, is that he is some- utes in court if there is a reasonable know this man. Again, I don’t think how—and I don’t like to use this term, basis for doing so. In other words, the the record really squares with the but it has been bandied about—a racist Justice Department will defend Fed- charges and the allegations that have because of his opposition to Justice eral statutes even if that particular ad- been tossed about for the last several Ronnie White. I do not think, in know- ministration does not agree with the weeks. ing the man and in looking at the statute as a matter of policy. This As Missouri attorney general, John record very carefully, there is any evi- longstanding policy applies to all Fed- Ashcroft strictly enforced laws that dence of racial bias in Senator eral statutes, except those which in- differed from his own beliefs. I repeat Ashcroft’s record. fringe on the prerogatives of the Presi- that. That seems to be the crucial issue Among other initiatives—and this dent. This longstanding policy pro- here. He strictly enforced laws that ac- has been said before on the floor, and it motes the integrity and the consistent tually differed from his own beliefs, in- deserves repeating—this is a man who administration of Federal law. cluding firearms—we have heard a lot signed Missouri’s first hate crimes At his confirmation hearing, in re- of talk about firearms—whether pros- statute into law. He signed into law sponse to Senator KENNEDY, Senator ecuting attorneys could actually carry the bill establishing a Martin Luther Ashcroft pledged to ‘‘vigorously de- concealed weapons; here is one on abor- King, Jr., holiday in Missouri. He ap- fend’’ the constitutionality of the ban tion and that dealt with the confiden- pointed the first African American on possession of firearms by persons tiality of hospital records on numbers woman to the Missouri Court of Ap- convicted of domestic violence. In fact, of abortions that were performed; peals. He has been a leader in opposi- Senator Ashcroft voted for the legisla- whether a death certificate was legally tion to racial profiling. tion that prohibited persons convicted required for fetuses under 20 weeks; In my personal view, there were good of domestic violence from possessing church and state; the availability of reasons that Senator Ashcroft opposed firearms. And in response both to Sen- funds for private and religious schools, the White confirmation and that every ators FEINSTEIN and KENNEDY, Senator and the distribution of religious mate- Republican Senator then voted no. Jus- Ashcroft pledged to maintain the Jus- rials in public schools; quite a few envi- tice White, during his tenure on the tice Department’s position of defending ronmental regulations; and also in re- Missouri Supreme Court, was notable the constitutionality of the assault gard to affirmative action. for his anti-death-penalty and weapons ban. In short, Senator If Senator Ashcroft could not hon- procriminal bias, which led to strong Ashcroft made clear that the Justice estly enforce the law, wouldn’t some- bipartisan opposition from the law en- Department would defend and enforce body have documented such an in- forcement community to his lifetime Federal gun laws whether or not he stance by now in relation to these laws appointment to the Federal bench.

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.073 pfrm02 PsN: S31PT1 S890 CONGRESSIONAL RECORD — SENATE January 31, 2001 Let me point this out. More than 70 cause he has already demonstrated, as Attor- on the Judiciary Committee, the chair- percent of all elected officials in Mis- ney General of Missouri, that he is perfectly man of the committee, Senator HATCH, souri, including sheriffs, are Demo- capable of following the law as it is, rather and Senator LEAHY, the ranking Demo- crats; and 77 of the 114 Missouri sher- than as he might wish it were. crat, and the respective members of the iffs, including many Democrats, were Again, that is the basic point I make. committee for the manner in which on record in unprecedented opposition Maybe it is difficult for his opponents to they conducted the confirmation hear- to Justice White’s confirmation. The believe that he could so carefully separate ing for the position of Attorney Gen- Missouri Federation of Police Chiefs his personal views from his task as chief en- eral of the United States and for the forcer of the nation’s laws because they have and the National Sheriffs Association so much trouble doing that themselves. But manner in which they treated John were also against that confirmation. I we believe he can and will do so and that the Ashcroft, President Bush’s nominee for voted no. I did not know at the time American mainstream which was invoked so this position. when I cast that vote of Justice frequently at his hearings will be well served It is a difficult job, particularly when White’s African American status. I and satisfied with the job that he will do. the nomination is controversial. I didn’t know that. As a matter of fact, I certainly agree that America will think the members of the Judiciary in talking with fellow Republicans, be well served with Senator Ashcroft’s Committee, both Republicans and many of us did not know that. John confirmation by the Senate. I intend to Democrats, conducted themselves with Ashcroft never mentioned that. That vote for him. I urge my colleagues to great dignity, and I commend them for wasn’t the reason we opposed him. do the same. it. Senator Ashcroft’s opponents accuse One other thing: John Ashcroft and I Mr. President, I am going to vote to him of being out of the mainstream spent a little time together—3 days— confirm John Ashcroft as U.S. Attor- and in support of private ownership of up in the wilds of Alaska. We were up ney General. I would like to take a few firearms. They say his support of fire- there at the invitation of Senator TED minutes of the Senate’s time to explain arms as a guard against government STEVENS. There is a fishing contest up my reasons. tyranny is ‘‘talk of a madman.’’ I think there. The Presiding Officer is very Let me say at the outset that I hope we ought to look at the record. skilled, by the way, in taking part in Mr. Ashcroft will listen to what I have As State attorney general and Gov- that whole fishing contest. The pro- to say here this afternoon. My com- ernor, John Ashcroft conscientiously ceeds are used to improve the habitat ments are delivered primarily for the enforced both State and Federal gun on the Kenai River. benefit of my colleagues and my con- laws, even those with which he dis- We had a great deal to say to each stituents. But they are also directed to agreed. That again is the crucial issue. other, both Senator Ashcroft and my- John Ashcroft. His record does contrast sharply with self, when we were fishing in that kind It is important that John Ashcroft the CLINTON Justice Department’s fail- of circumstance. We didn’t talk about understand that my support of his ure to enforce existing Federal gun anything that involved racism, or Bob nomination is not unqualified. It is laws, even while calling for new ones. Jones University, or selected quotes, or given, rather, only upon extensive re- The second amendment to the U.S. whatever; we talked as individuals and flection and despite concerns about Constitution was adopted to preserve a as friends. I did not hear a bitter or what kind of Attorney General he will traditional right of the people as a prejudicial word. We talked about what make. guard against government encroach- things mean in life basically. We I have listened attentively to the ment, and that point is beyond dispute. talked about family and of the Lord’s comments of our colleagues both in If John Ashcroft is ‘‘a madman’’ or creation. We talked as fellow men. We support of and in opposition to this ‘‘out of the mainstream,’’ so were talked about the privilege to serve in nomination. I respect immensely their James Madison, Alexander Hamilton, the Senate. We told a lot of stories views. I have considered the practices Thomas Jefferson, Noah Webster, Abra- about human beings, we talked a lot and precedents of the Senate in defer- ham Lincoln, Hubert Humphrey, and about fishing, and we talked a lot ring to presidential cabinet appoint- other notable Americans who held that about friendship. I think when we can ments. And I have reflected upon my same view. spend time with a man in that kind of own practices over the past two dec- Despite the harsh words being hurled circumstance, we really get to know ades in the Senate in considering such in Washington about this nomination, him. appointments. During that time, I have many in our Nation’s heartland, in Personally, I just want to say I am supported an overwhelming number of Kansas and Nebraska, Oklahoma, Mis- having a lot of trouble figuring out Cabinet nominees. But I have, on the souri, know, understand, have seen him whom the critics are talking about in rarest occasions, opposed Cabinet up close and personal as neighbors. We regard to the John Ashcroft I know and nominees supported by the majority of know he is an outstanding public serv- respect. I think he will make a great members of the Senate and by a major- ant and will make an outstanding At- Attorney General. And, quite frankly, I ity of my own party. It also bears men- torney General. think at the end of the day when he tioning that I have supported nominees Listen to what the Atlanta Journal reaches out in an act of friendship and opposed by most members of my party and Constitution has to say about this trust across the aisle to many of his and, in one instance, also opposed by a nomination: critics, we are going to be just fine. majority of the Senate. Ashcroft is certainly conservative, and he I yield the remainder of my time. My concerns about this particular is certainly religious. But 88 percent of his The PRESIDING OFFICER. The Sen- nominee can be reduced to three in par- fellow citizens report that religion is impor- ator from Massachusetts is recognized. ticular: tant or very important in their lives, a fig- Mr. KERRY. Mr. President, I gather First, whether he will uphold and ure that has barely varied over the past 20 that the order set is that Senator DODD vigorously enforce our laws—especially years. Seventy percent or more believe the will speak and then Senator COCHRAN. those with which he personally dis- nation would be better off if it were more re- The PRESIDING OFFICER. There is agrees. ligious, and 79 percent favor prayer or at least a moment of silence in the public no order at this point. Second, whether he will treat other schools. So who’s out of the mainstream? Mr. KERRY. Mr. President, I ask people in public life as he wishes to be Ashcroft strongly opposes abortion on unanimous consent that the order be as treated—particularly those with whom moral grounds; 55 percent of the people say follows: That following Senator DODD, he may disagree. it is ‘‘morally wrong most of the time.’’ The Senator COCHRAN speak, and that I be And third, whether he will seek to nominee would like to see sharp restrictions permitted to speak following Senator unify rather than divide our nation on on when an abortion would be legal; only 28 COCHRAN. critical issues facing our nation, espe- percent of Americans think it should be legal The PRESIDING OFFICER. Without cially the issue of racial justice. under any circumstances. He absolutely op- Let me address these concerns in poses partial-birth abortion; so do 66 percent objection, it is so ordered. of Americans. Who are the extremists on this The Senator from Connecticut is rec- order. issue? ognized. First, as to John Ashcroft’s disposi- Actually, none of these attacks on Mr. DODD. Mr. President, first of all, tion to enforce the law. The Attorney Ashcroft’s beliefs has much real meaning be- at the outset I commend my colleagues General, as we all know, is our nation’s

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.123 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S891 primary law enforcement officer. This federal law that prevents violence and their personal adversaries. Attacking is an office of unique importance. intimidation at family planning clin- motives, using people as political Except perhaps for the president him- ics. He testified that the Brady law and scapegoats, acting with reckless dis- self, no other individual can or should the assault weapons ban are constitu- regard to the reputations of others— do more to protect the public’s safety, tional. these are the kinds of actions that I and to promote the ideal of equal jus- He also testified that mandatory find contemptible, and that unfortu- tice that is the North Star in our con- trigger locks, gun licensing and gun nately have become all too common in stellation of laws. registration are all constitutional. And public life today. Like many others in public life, John he vowed to hire without regard to sex- I hope John Ashcroft will change and Ashcroft is a man of strong convic- ual preference (although he did not, I turn away from such behavior in the tions. He should be commended, not should add, pledge to continue Attor- future. I believe that he can. As the faulted, for that fact. But the question ney General Reno’s policy of excluding saying goes, ‘‘There is no sinner with- that arises with respect to his nomina- sexual preference from security clear- out a future, and no saint without a tion for this particular office is wheth- ance decisions). past.’’ I believe John Ashcroft is a de- er those convictions—on matters such I do not expect that John Ashcroft cent human being, and I take him at as a woman’s right to choose and gun will change his views as Attorney Gen- his word. safety—might well preclude him from eral. But I do, have every right to ex- If his flaws loom large, it is at least enforcing laws on those and similar pect, based upon his commitment to in part because they have been aired issues with which he may disagree. God Almighty, before the Judiciary and examined in the magnifying light This is a threshold question. If the Committee that he will keep his word of public life. nation’s top law enforcement officer to uphold the laws of the land, even And while I will not excuse these cannot enforce the law, how can any- those with which he profoundly dis- flaws—particularly in his treatment of one say he should nevertheless assume agrees. others as a public official—I will not the office? If the public cannot know Mr. President, I would love to have engage in the same form of pay-back with reasonable assurance that their the complete and total assurance he politics that seems to have a growing Attorney General will uphold our laws would do that. I cannot honestly con- currency in our time. That is not to vigorously and free of personal bias, clude that he would not. Thus, it com- suggest that those who oppose him will then how can we be confident that re- pels me to give him the benefit of the have engaged in such tactics. On the spect for the law will not be weakened? doubt because he has taken that oath contrary, I can well understand the If minority Americans, women, and fervently, before God Almighty, and principled basis of their opposition. That said, I will not do to John others cannot rely on the Attorney members of the Senate Judiciary Com- Ashcroft what has been done to too General to safeguard their liberties, mittee. many people in recent years—including how can other—indeed, all—Americans A second concern I have about Sen- people like Ronnie White, James not worry that their rights might one ator Ashcroft’s nomination is how he Hormel, and Bill Lann Lee. These indi- day be placed at risk, as well? has treated other people. I refer very viduals do not deserve the treatment John Ashcroft has minced no words specifically to his conduct toward they received. No one does. Not even about his positions on issues like a Judge Ronnie White, Ambassador John Ashcroft. woman’s right to choose and gun safe- James Hormel, and Bill Lann Lee, My third and final concern is closely ty. He has advocated positions con- former head of the Justice Department related to the first: whether his views trary to current law. That is his Civil Rights Division. on the critical domestic issues of our record. It is also, I might add, his Other colleagues have spoken and day would preclude him from using his right—just as any of us has the right to will speak about these cases in greater office not just to uphold the law, but to advocate legal change. detail. Suffice it to say his treatment uphold the spirit of freedom and equal But that is far from saying that he of their nominations went beyond the justice that permeates every one of our cannot faithfully enforce the law. bounds of good manners and common laws. There is more to his record that de- decency. Too often, John Ashcroft re- I find it not a little ironic that our serves consideration. This is a man fused to meet with these people; he new President, who calls himself a who was elected not once, but five failed to give them an opportunity to ‘‘uniter, not a divider’’, nominated for times by a majority of the people of his respond to the allegations, and he dis- Attorney General a man who through- state—as their attorney general, gov- torted, in my view, their records. out his career has plunged so divisively ernor, and Senator. He has devoted In the case of Mr. Hormel, he deemed into the most divisive issues of our nearly three decades of his life to pub- the wholly private matter of sexual time: civil rights, women’s rights, lic service. He has, as far as anyone orientation to be a factor ‘‘eligible for equal rights, gun safety. knows, upheld the public’s trust consideration’’ in whether he ought to On a different level, I am not in the throughout that time. be nominated. least surprised. The President chose a If his nomination were to be decided In the case of Judge White, he ac- nominee who reflects his own views on on the basis of experience alone, he tively worked for his defeat—without many of these same issues. I did not ex- would have been among the first, rath- first giving him a chance to respond to pect him to nominate a Democrat. er than the last, of the President’s Cab- misleading statements made against Like nearly all of our colleagues, I inet nominees to be considered by the him on the Senate floor. have time and again supported Cabinet Senate. His treatment of these men was cava- and other nominees with whom I dis- As Attorney General and Governor, lier at best—callous and calculated at agreed on critical issues. the record suggests that he did, in fact, worst. It is particularly troubling be- Like them, I have a high degree of uphold and advocate laws with which cause my own limited experience with tolerance for differences of opinions he disagreed. He endorsed Democratic Senator Ashcroft was of a quite dif- when such nominations come before proposals to fund new roads and ferent nature. us—including on such issues as choice schools. He signed legislation to in- We worked together on only one and guns. Indeed, I supported the nomi- crease the penalties for crimes moti- issue that I recall—ending the embargo nation of Governor Thompson as Sec- vated by bigotry. He supported addi- on food and medicine to Cuba. In that retary of Health and Human Services, tional resources for legal services for effort, he took a position that engen- despite our strong differences on issues the indigent. dered considerable opposition in his related to a woman’s right to choose. During his confirmation hearing, he own caucus. At all times, I found him There are certain differences that, I swore under oath that he would uphold reasonable and trustworthy. would argue, none of us should tol- the law ‘‘so help me God.’’ He did so re- But there is nevertheless a record erate. And in that respect, the issue in peatedly and fervently. He swore that here of going after people in a harsh John Ashcroft’s public record that con- he would respect Roe v. Wade and and unfair manner. I have always been cerns me the most is the issue of race. Planned Parenthood v. Casey as the suspicious of people who try to build a If I thought John Ashcroft was a rac- law of the land. He swore to uphold the political career in part on the bones of ist, I would oppose him as strongly as

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.075 pfrm02 PsN: S31PT1 S892 CONGRESSIONAL RECORD — SENATE January 31, 2001 I possibly could on any other issue I vote against your confirmation, but God give us men! A time like this demands have ever faced in my 25 years of public have decided to give you a second Strong minds, great hearts, true faith, and service. I urge each of our colleagues to chance—an opportunity that you de- ready hands; whom the lust of office does not kill; do the same. We must not tolerate in- nied to Ronnie White, Bill Lann Lee, whom the spoils of office cannot buy; tolerance. But I do not believe that James Hormel, and others. who possess opinions and a will; such a potent word applies to John I hope this vote will not be in vain. I who have honor; Ashcroft. And it is lamentable, to say hope that John Ashcroft will uphold who will not lie; the least, that some outside of the Sen- his pledge to enforce the laws of our who can stand before a demagog and damn ate have used it to describe him. land. I fervently hope that he will work his treacherous flatteries without winking! We of all people here in the Senate to unite rather than divide our nation. Tall men, sun-crowned, who live above the fog, in public duty and in private thinking. appreciate that words have meaning. And I hope, for the sake of our nation So when someone uses a word such as and this institution, that this vote will That poem describes my friend and ‘‘racist’’ to describe actions that, how- in some small measure help bring fellow Senator, John Ashcroft. I am ever objectionable, are not racist, then about an end to the growing predi- proud of his service in the Senate, and they reduce the impact of that word at lection to treat nominations as ideo- I am confident he will make me just as those moments when it is most appli- logical battlefields. proud as he serves our Nation as Attor- cable. I yield the floor. ney General of the United States. While by no means a path-breaker, as The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. SES- governor, John Ashcroft appointed ator from Mississippi. SIONS). Under the previous order, the more African-American jurists to the Mr. COCHRAN. Mr. President, I am Senator from Massachusetts is recog- bench than any of his predecessors. He pleased to support the Senate con- nized. appointed a number of women, as well. firmation of John Ashcroft as Attorney Mr. KERRY. Mr. President, contrary His wife has taught at Howard Univer- General of the United States. He is well to what some people may believe, sity, a predominantly black institu- qualified for the job, having served as thinking about how people make this tion. People of color testified in sup- attorney general of Missouri, as Gov- choice and given some of the argu- port of his nomination. Even Judge ernor of Missouri, and with distinction ments that have surfaced in the course Ronnie White—about whom I will say as United States Senator. of this nomination, I suppose some peo- more in a moment—said that he does I first met John Ashcroft in 1992 at ple might think this is sort of auto- not believe Senator Ashcroft’s opposi- the Missouri Republican Convention in matic for some folks on different sides tion to his nomination was racist in Springfield, MO, when I was a surro- of the aisle. I want to make clear that nature. gate for the campaign of President I do not feel that way at all. I think In the Senate, he held a hearing on George Bush. there are many different crosscurrents and condemned the practice of racial Two years later, John invited me and with respect to anybody’s nomination, profiling. He supported twenty-six judi- our colleague from New Mexico, PETE and I certainly do not disagree with cial nominees of African-American de- DOMENICI, to come to Missouri and the comments of my good friend and scent. campaign with him when he was a can- colleague, Senator DODD, who spoke a And it should not go unmentioned didate for the Senate. few minutes ago about what has hap- that at least one member of his Senate I was very impressed with John pened to the nomination process, or to staff—a devout Jew—has written that Ashcroft on both occasions. He was an the review over the course of the last he found Senator Ashcroft not only tol- articulate and intelligent advocate for years here in this city. erant, but supportive of his religious commonsense solutions to our coun- While I certainly raised questions beliefs and the practical demands that try’s problems. He impressed me as a early on with respect to this nominee, those beliefs placed upon his time. serious-minded, dedicated, and ener- I tried, in the course of this process, to Nevertheless, I am deeply troubled by getic force in shaping public opinion on refrain from making any final judg- many of his actions in this area. Most issues that should be addressed by our ments until the hearings were held, notably, he vehemently and persist- Government. until questions were asked, until Sen- ently opposed efforts to integrate the I enjoyed very much being a part of ator Ashcroft himself had an oppor- St. Louis public schools. In fact, his ac- his campaign effort and I was delighted tunity to lay out the record, so to tions were so vexatious that he was when he was elected to the Senate. speak. nearly cited for contempt for failing to In the Senate he has been very active I listened very carefully to what Sen- comply with court orders to submit a in the legislative process. He has initi- ator DODD said a moment ago about plan to desegregate the schools of that ated reforms in trade sanctions policy not making choices on ideology. I fine city. He walked up to the line of and juvenile justice which I have been agree with that. My opposition, which disobeying the law—even appearing to pleased to support and cosponsor. He is I announced yesterday, to Senator boast of that fact when he ran for Gov- one of the most sincerely respected Ashcroft’s nomination, is not based on ernor for the first time. Those actions members of our Republican Conference, ideology. I might say, however, that trouble me deeply. and I consider him to be one of my best our friends on the other side of the The record suggests that in times friends in the Senate. aisle in the Republican Party have cer- past John Ashcroft has submitted to I take issue with the critics who have tainly made ideology a significant the temptation to divide Americans questioned his candor and his char- component of their opposition to many along racial lines. acter. There is no basis whatsoever for people in the last years. Even Senator The same record also suggests that those charges. I am surprised and dis- Ashcroft himself has engaged in a proc- he is someone without personal bias on appointed that he has been character- ess of making judgments about people’s matters of race, who has tried to heal ized so unfairly by some in this body. fitness to be judges, people’s fitness to rather than deepen our nation’s an- I am confident he will prove by his be in the Attorney General’s office— cient racial wounds. I hope that it is exemplary service as Attorney General Bill Lann Lee—on a matter of ideology. that John Ashcroft who, if confirmed, that he is fair minded, thoughtful, and In fact, I am told by some members will lead the Department of Justice. true to his word, and his oath, as he of their party that they, themselves, Our nation has traveled too far—and carries out his important duties. have been the victims of ideological de- we have too far still to go—to relent The President has selected a good cisionmaking with respect to positions for even a moment in the struggle for man to be Attorney General. He has they might or might not be able to fill equal justice. withstood the slings and arrows of his within the party itself. Perhaps there I realize that my vote for John opponents, and he is still standing. is the deepest irony at all, that people Ashcroft may not be decisive. But I When I was elected to Congress, I was such as Tom Ridge, Governor of Penn- hope that it will be informative—in- given by my mother a poem by Josiah sylvania, or Governor Keating, were formative most of all to John Ashcroft. Gilbert Holland, which I have kept themselves the subject of bitter dissen- Listen well, John Ashcroft. There are close to my desk for the past 28 years. sion within the Republican Party over those of us here today who could easily It says in part: whether or not they might be fit to

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.078 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S893 serve as Vice President of the United We have a President of the United of James Hormel to be Ambassador to States, or hold some other office of im- States who was elected not with the Luxembourg, or the nomination of portance, on the basis of ideology. popular vote of the country but for the David Satcher for Surgeon General. So we need to be careful and thought- third time in history by the electoral Each of these, in my estimation, re- ful about who comes to that part of college. We have a President who was veals a response by Senator Ashcroft this debate with clean hands. But I am elected effectively by one vote, some that exhibited an exercise of judgment confident that all of us would agree would argue by the one vote in the that I believe calls into question his with Senator DODD, that we would like electoral college, but there are many ability to provide for the kind of moral to see an end to that kind of division. others in the country who would argue and legal force necessary in the job of There is another reason why this is it was the one vote in the Supreme Attorney General. difficult. It is because Senator Ashcroft Court of the United States. There are I am not convinced that you can sim- comes to this question with all the ad- many in the country, whether legiti- ply dismiss each and every one of the vantages of a colleague. We know him. mately or not, who have a deep sense of instincts that led to the exercise of Many of us know him well enough to alienation and outrage over what hap- that judgment in each of those cases. consider him a friend in the context of pened in the application of law in the Let me be very specific about each and the Senate and like him personally. We course of the last months in our Na- every one of those. certainly respect his conviction and his tion. When he was Missouri attorney gen- dedication to public service. Because this election was so divisive, eral, as we know—others have talked As colleagues have noted, he was because the President himself has about it—Senator Ashcroft opposed the elected by the citizens of his State as come to office saying that he acknowl- court-appointed voluntary desegrega- attorney general, as Governor, and as edges the deep need for him to be a uni- tion plan for St. Louis. We know school Senator. fier and not a divider, I believe, there- desegregation is a controversial public But the truth is, in the final analysis fore, this nomination is particularly policy, and there are many people who this is not a vote or a decision about troubling. appropriately at various times in the those personal relationships. This is Senator Ashcroft’s record reveals a country, in one place or the other, not a vote about personality. And it is series of actions—not beliefs; I want to found fault with certain approaches to certainly not a vote that calls on us to distinguish this. I heard colleagues de- various voluntary desegregation plans. somehow ratify the traditional expec- fending Senator Ashcroft again and That is not the measure of my concern. tations of the Senate, which are under- again saying he should not be held ac- What is deeply troubling to me is stood by everyone in the Senate and countable for his deep-rooted beliefs that despite the problems with the ex- isting law and despite the problems often are found very confusing to many that reflect those who elected him. I that were found with the proposed vol- people in the country who measure us am not holding him accountable, per untary remedy, Senator Ashcroft, in a and what we do by a different standard. se, for those beliefs. I believe, however, position of leadership on this issue, The office of Attorney General is ob- there are a series of actions that ignore duty bound to bring people together viously not a political reward, left sim- the kind of need we face at this point and to try to lead the community ply to the victors of national elections in time to have an Attorney General through this difficult time, failed to or to the crosscurrents of ideology come to office not needing to prove come up with an alternative that within a particular party. It is one of that the years in the past were some- would have ameliorated the divisions the most sensitive positions of public how an aberration or a mistaken im- trust. It is an office in which all Ameri- of the community and, most impor- pression but, rather, who brings the tantly, would have addressed the seg- cans must have a deep and abiding full force of their history of commit- regated conditions. When children are faith that its occupant will enforce the ment to civil rights, a commitment to trapped in schools that do not work, laws with equal justice, with fairness, a series of issues that are the law of when cities are divided by racial lines, and impartiality. the land. there is a choice that can be made: You In other words, the person who comes In effect, we are being asked to ac- can be a voice for reconciliation or you to that office must come to it with a cept the nomination of an individual can be a voice for division. level of acceptance by the public at who, by definition, will have to wake When Senator Ashcroft chose to po- large about their moral and legal up every single morning and curb his liticize the issue beyond all proportion, bonafides that they bring to the office natural political instincts in order to which is what many people in the com- in a way that is beyond dispute. do this job. I do not think that is an munity have testified, he chose the lat- It is very clear that there were oth- unfair statement because on all of ter, and that is a matter of judgment, ers whom a uniting, not a dividing, those key issues where the Attorney not belief. President might have chosen for this General is so critical, whether it is Perhaps the most disturbing element job. I think everyone in the Senate guns or the law of the land with re- in his record was the treatment of would agree that if our colleague, spect to Roe v. Wade, women’s choice, Judge Ronnie White. Many people have former Senator John Danforth, had or the law of the land with respect to brought those facts to the floor, and I been chosen, you would have had a per- civil rights in many areas, Senator obviously am not going to go through son who espoused all the ideology, the Ashcroft again and again in his polit- all of them again. I remember that de- full measure of conservative views—he ical life has been on the other side of bate well. I remember the language is an Episcopalian minister; he is pro- those particular issues. which characterized this good person. life—but he would have brought abso- There is a very simple question to He was called procriminal. It was said lutely none of the controversy that has ask yourself: Is that really what you that he had a tremendous bent towards come with this nominee, which raises want in an Attorney General of the criminal activity—a judge had a tre- doubts—I am not saying certainties United States? mendous bent toward criminal activ- but doubts—in the minds of many peo- In my judgment, reviewing the ity. It was claimed that he was the ple about this nominee’s either willing- record of the hearings and reviewing court’s most liberal judge on the death ness or capacity to apply the law in the the record of Senator Ashcroft’s stew- penalty and did not care ‘‘how clear way he has suggested he would in the ardship as Attorney General, there are the evidence of guilt.’’ course of these hearings. occasions where the Senator took ac- That is not true. Those words are In fact, after closely examining the tions that do not call to question today simply not true. Of course he cared record set forth in those hearings, and his ideology but call to question his about guilt, and if you read his deci- the record as attorney general of the judgment in pursuit of that ideology. sion, his decision said nothing about State of Missouri, I conclude that Yes, Senator Ashcroft testified that whether or not he was not guilty or record makes him the wrong person for he would enforce the laws with which whether or not he should not, if guilty, this job at this time. he disagrees. But take, for instance, be subjected to the death penalty. He This is, without any question—I the voluntary school desegregation did not think this man had a fair trial. think everybody in the Senate would case in St. Louis, or the nomination of I do not believe an Attorney General agree—a special time in our history. Judge Ronnie White, or the nomination of the United States should interpret

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.128 pfrm02 PsN: S31PT1 S894 CONGRESSIONAL RECORD — SENATE January 31, 2001 some judge’s opposition to the lack of I am also troubled by Senator zine and those who adhere to its philos- a fair trial to become on the floor of Ashcroft’s judgment about the so- ophy as those who have never gotten the Senate a rationale for a party-line called alleged ‘‘totality of the record’’ over the fact that slavery was ended in vote, fully divided by virtue of his lead- with respect to a good man named the South. ership on his protestations and charac- James Hormel. I regret to say it, but I I would have liked—I think many of terizations of this judge. can only interpret the ‘‘totality of the us would have liked—to at least have As is now well known, Judge White record’’ as a code word for opposition heard a disavowal of those views or an had a strong record of supporting cap- to James Hormel because he was gay. expression, recognition that some of ital punishment and often voted with Why do I draw that conclusion? Be- the views are, in fact, inappropriate Mr. Ashcroft’s own appointees on the cause in the course of debate, and in and appeal to some people’s worst in- Missouri Supreme Court. Indeed, he the course of comments publicly, Sen- stincts rather than best instincts. had a tougher record on the death pen- ator Ashcroft, at the Foreign Relations I think those are the kinds of expres- alty than some of Senator Ashcroft’s Committee, never doubted that Mr. sions that ought to come from some- own nominees. Judge White voted for Hormel was a competent body who is going to try to represent the death penalty in 41 of 59 cases that businessperson, never doubted or ques- the healing of the divisions that have came before him, and he voted with the tioned his record of philanthropy or occurred over the course of the last majority 53 times, including cases in commitment to his community, never years. I might add, they are not just which he favored reversal. doubted or questioned his effectiveness the healings from the difficulties of the So that is not an issue of ideology. as a dean, or the job he had done prior election. They are the healings from That is not a matter of belief on which to entering the business at the Univer- the problems of racial profiling. They I choose to cast my vote. It is because sity of Chicago. Senator Ashcroft was are the healings from the problems of discrimination in housing. They are I believe that Judge White was inap- only one of two people on the Foreign the healings from the problems of so propriately characterized on the floor Relations Committee to vote against many people of color who wind up in of the Senate. I believe that was a re- him. flection of a judgment about another During the confirmation hearings a prison instead of in college. They are human being, about our politics, about couple weeks ago, he again reiterated the divisions that occur because so many in this country still believe that life in our country. I do not believe, as it was the ‘‘totality of the record’’ but, the law is stacked against them rather some have claimed, at all—and I hope once again, without any explanation. we would never insinuate—that Sen- As we know, Mr. Hormel was finally than working for them. The choices that an Attorney Gen- ator Ashcroft is racist. I do not think appointed by a recess appointment. But eral will make are obviously critical to there is any evidence of that. I do not in my judgment, Mr. Hormel was op- our ability to move forward and not believe that he is. I think that is inap- posed for a status offense. Senator backward with respect to those kinds Ashcroft did raise questions about the propriate to this debate. But I do think of divisions. It is these particular acts that it was an unfair distortion of propensity or likelihood Mr. Hormel of personal judgment that I believe Judge White’s record branding him as might have about ‘‘promoting a certain raise the most serious questions about procriminal. And the handling of that kind of lifestyle.’’ I think every single the appropriateness of Senator nomination in itself raises serious one of us understands that is a code Ashcroft assuming this remarkably questions about judgment, about fair- word in and of itself for his sexuality. sensitive position. mindedness, and about fair play. I would add that the people of Lux- As a former prosecutor—I see Sen- Judge White, quite eloquently, made embourg, far from raising this question ator REID is on the floor; and he shares that very point during his testimony themselves, did not share that concern. that prior occupation—I think for before the Judiciary Committee when And so it was that Senator Ashcroft many of us there is an acute sensi- he said: I believe that the question for sought to deny Luxembourg an Ambas- tivity to the judgments that an Attor- the Senate is whether these misrepre- sador that they were asking to have ney General makes on a daily basis: sentations are consistent with fair play appointed. what cases will be taken on; what par- and justice that you would require of I do not believe the American people ticular task forces might be created in the U.S. Attorney General. That is not should have an Attorney General who order to try to address people’s sense of a matter of ideology; that is a matter leaves even doubts—even doubts— grievance in the country; certainly, ob- of judgment. about whether or not being gay is a viously, the power of the Solicitor Gen- I am also troubled that when David status offense. eral; the power of choosing who will sit Satcher’s nomination for Surgeon Gen- I am also troubled by the lack of sen- on what courts; the power of deciding eral came before the Senate with great sitivity that was displayed, even in the what you will appeal to the Supreme bipartisan support, again, Senator aftermath of the interview that took Court of the United States; and, most Ashcroft filibustered and described him place with Southern Partisan magazine importantly, what you will investigate as a ‘‘promoter of partial-birth abor- in 1998. Another colleague has gone and how. All of these are issues of judg- tion.’’ into that at great depth on the floor, ment, too. David Satcher had led the Centers for and I will not spend a lot of time on it. I believe the issues I have raised put Disease Control in Atlanta with dis- It is one thing to have done the inter- before the Senate serious questions tinction. He had been a leader at a view and, I suppose, to have suggested about the exercise in that judgment. I medical college in Tennessee. He had later that you did not know what the believe that in the end, notwith- the full backing of Senator FRIST and magazine did or who they spoke to or standing what I have said, there is al- Senator THOMPSON, both of whom are what audience they talked about. It is ways a feeling by each of us with re- people of enormous integrity. They another thing when you are a nominee spect to a colleague that these votes told us that David Satcher would not for Attorney General not to acknowl- are difficult. I don’t pretend that it is promote abortion. They told us that edge that there are, indeed, questions not in this regard. That is true for all you could not question his character or that would arise in an interview of this of us on our side. We have to make a his integrity. But John Ashcroft said nature with that kind of magazine. choice. It is our responsibility and it is that this individual would ‘‘promote a This is a magazine that praises John our oath to the Constitution to make heinous act, partial-birth abortion.’’ Wilkes Booth for assassinating Abra- the best judgments we can about the Why? Simply because David Satcher ham Lincoln. It has editorials against choices that are put in front of us. believed that a ban on the procedure interracial dating. When you read the I believe the important thing at this —which he was in favor of—ought to interview itself, and you recognize the moment in time in this particular posi- include an exception for the life and folks the Senator was trying to talk to, tion, above all, is to have a nominee health of the mother. and what he was appealing to, it seems who is free from this kind of con- The kind of distortion we saw for to me that there are serious questions, troversy, who comes to this job not David Satcher raises a question, not again, about judgment, about the judg- with the questions that have been about ideology but about judgment and ment of what the message is to a large raised in the Senate and this revisita- fairness and fair play. part of America who sees that maga- tion of the kind of divisiveness that so

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.130 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S895 many of us are tired of. That is not that thereafter he or she cannot per- those words are exaggerated or unsub- something we asked for. That is some- form the duties of attorney general. stantiated attacks. The result can be thing we were given by virtue of the Outside this Chamber, and outside of the fabrication of a false public record. President’s choice to send us this the Washington Beltway, Americans Mr. President, I am asking my fellow nominee. understand that people can take on dif- Senators to resist the temptation to With this nominee comes these ques- ferent roles and responsibilities when label it a ‘‘conversion’’ when a nominee tions about his ability to assume this they are given different positions. simply corrects the misperceptions cre- job that requires such a special sensi- Americans know that lawyers can be- ated by special interest groups. I am tivity, such a special sense of the need come judges, welders can become fore- asking my colleagues to look at John to bring the country together and to be men, engineers can become managers, Ashcroft’s real record, and at own able to apply the law equally and fairly and school teachers can become school words—in his confirmation hearings, to all. board leaders. And Americans know and in his answers to the voluminous It may well be that every concern I that a Senator, whose job is to propose written questions—rather than relying have expressed is wiped away when and vote on new laws, can become an on the press releases of issue advo- John Ashcroft takes this job on, as we Attorney General, whose job is to en- cates. know he will. There is no question force those laws that are duly passed. If you only listen to interest groups, about whether he is going to be con- There aren’t many people who know you might conclude that John Ashcroft firmed. But there is a question about as much about the different roles in would bend or ignore the law in order whether or not we will ever, in the next government as John Ashcroft. He has to put more guns in people’s hands. But few years, again have to revisit some of been in the executive branch—as an At- you would be wrong. As Missouri’s At- the questions that have been raised in torney General for 8 years. He has been torney General in 1977, John Ashcroft the course of these hearings and in the chief executive as Governor for 8 years. wrote Attorney General Opinion No. 50, course of this debate. And he has been in the legislative in which he interpreted state law to My prayer is that we won’t, and branch as a United States Senator for prohibit prosecuting attorneys from nothing, obviously, would please me 6 years. Each of these positions have carrying concealed weapons even while more than to say to John Ashcroft: I required an understanding of the dif- engaged in the discharge of official du- am glad I sounded my warning bells, fering roles assumed by the three ties. This is hardly the kind of decision but I am equally glad that you proved branches of government. that someone bent on eliminating gun us wrong and were the kind of Attor- It is in this context that John laws would want to reach. ney General that the country needed at Ashcroft told the Senate what he will The special interest groups also want this moment. do as Attorney General. He said he will us to believe that John Ashcroft can- It may well be that all of our col- enforce the laws as written, and uphold not enforce abortion laws because of leagues are absolutely correct in pre- the Constitution as interpreted by the his personal view that life begins at dicting that that is what we will have. Supreme Court. This is a concise yet conception. But 20 years ago, as Mis- If it is, so much the better for the Na- profound statement about the proper souri Attorney General, John Ashcroft tion and so much the better for John role of the Attorney General. And it is had—and did not take—the oppor- Ashcroft. It is important for us to more than just a statement, because it tunity to bend the law to favor his place as part of the record, as he as- is backed up by the unquestioned in- view. His 1981 Attorney General Opin- sumes this job, the concerns that we tegrity of John Ashcroft, a man who ion No. 5 barred the Missouri Division have on behalf of so many people in will do what he says. He will enforce of Health from releasing statistics re- this country who need to see the law the law as it is written, even in those vealing the number of abortions per- applied more fairly and need to have a instances where he would have written formed by particular hospitals—even better sense of due process and of equal it differently. though such statistics would help the justice under the law. I hope, in the Still, some members of this body are pro-life movement make its case. Simi- end, this administration and this At- unconvinced. They apparently think larly, in Attorney General Opinion No. torney General will produce that. that John Ashcroft will not do what he 127, dated September 23, 1980, Attorney Mr. HATCH. Finally, Mr. President, I said. Of course they would not call him General Ashcroft determined that a wish to speak about John Ashcroft’s a liar—at least not explicitly, anyway. death certificate was not required for ability, if and when he becomes Attor- They are saying that, try as he might, all abortions, despite his personal view ney General, to enforce laws that he he simply cannot enforce the law be- that abortion terminates human life. spoke against or even voted against as cause he wants so badly for the law to Are these the kind of decisions that a legislator. say something other than what it actu- you would expect from an As you know, Mr. President, oppo- ally says. unrestrainable zealot? nents of Senator Ashcroft are accusing Some who have adopted this view are But the special interest groups do him of being unable to set aside his accusing John Ashcroft of changing his not stop there. They have also at- opinions on certain laws sufficiently in views. They accuse him of having a tacked John Ashcroft for his religious order to enforce those laws. ‘‘confirmation conversion.’’ By this views, inferring that he would use his And I have to give those opponents they mean that people who take off position to blur the lines between credit for their creativity. They have their legislator’s cap, and put on an at- church and state. The fact is, however, developed a brand new test for cabinet torney general’s hat, cannot adapt that John Ashcroft has turned down appointees. Eight years ago, when the from the role of law writer to law en- several opportunities to do just that. Senate unanimously confirmed an At- forcer without being insincere. This is In a 1977 Attorney General Opinion, No. torney General whose personal views a ludicrous proposition. John Ashcroft 102, Ashcroft forbade public school dis- opposed the death penalty and the im- has not undergone a confirmation con- tricts from using federal education position of mandatory minimum sen- version; he has been the victim of an funds to benefit nonpublic including tences for convicted criminals, none of interest group illusion. parochial school children. He did so the anti-Ashcroft crusaders accused Members of this body know some- even though the federal grant in ques- Janet Reno of being unable to set aside thing that the public may not: There is tion specifically allowed private and her personal views. an unspoken rule that a nominee does parochial school children to benefit. In But while I admire the creativity of not answer questions in public between similar decisions, Attorney General this new approach, I am deeply trou- their nomination and their confirma- Ashcroft prevented the State of Mis- bled by the substance beneath it. tion hearing. This is done out of re- souri from providing transportation for What’s being proposed is to disqualify spect for the Senate—whose job it is, nonpublic school students [Attorney from high office anyone who has pre- after all, to listen to the nominee rath- General Opinion No. 148], and deter- viously taken a side on a legislative er than the media. But savvy special mined that a board of education lacked proposal. interest groups take advantage of the legal authority to allow the distribu- It is simply not true that a legislator time in between to wage a war of words tion of religious material on school is so tainted by efforts to change laws against nominees they dislike. Many of property [Attorney General Opinion

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.133 pfrm02 PsN: S31PT1 S896 CONGRESSIONAL RECORD — SENATE January 31, 2001 No. 8, February 8, 1979]. Don’t expect to illusion. The artists behind the lob- Ashcroft, made on largely religious see these decisions listed in the press bying groups aligned against him have grounds, since he was nominated. releases concerning John Ashcroft’s made his true record disappear in a Let me begin with the testimony of ‘‘extremist views.’’ cloud of smoke. And they are attempt- Professor James M. Dunn, who testi- Another area of falsification con- ing to convince the public that his dis- fied at our Senate hearings as an ex- cerns John Ashcroft’s record on the en- tinguished record of advocacy as a leg- pert on religion issues. I begin here be- forcement of environmental laws. To islator is a straitjacket from which he cause Professor Dunn is the most ex- hear some interest groups talk, you cannot escape. But let me tell you plicit in his religious attack on Sen- would think John Ashcroft wants to what I see in the crystal ball. John ator Ashcroft. allow polluters to ignore the regula- Ashcroft is going to be an excellent at- Professor Dunn says explicitly what tions that protect the planet. Again, torney general. He is going to enforce others have coyly and carefully im- his record shows the opposite. In Attor- the laws of this land fairly and force- plied. He says, and I quote what is es- ney General Opinion No. 123–84, fully. He will do so even when he might sentially the thesis statement of his Ashcroft declared that underground in- have written the law differently as a testimony before the Judiciary Com- jection wells constitute pollution of legislator. mittee: ‘‘the long history of Senator the waters and are therefore subject to Mr. President, the issues that have Ashcroft’s identification with and ap- regulation by the Missouri Department been raised in objection to Senator proval of the political agenda of reli- of Natural Resources. He also opined Ashcroft’s nomination are largely pol- gious, right-wing extremism in this that it would be unlawful to build or icy issues. There is no objection on his country convinces me that he is ut- operate such a well without a permit qualifications, his credentials, or his terly unqualified and must be assumed from the Clean Water Commission. And integrity. The attempt to paint him as to be unreliable for such a trust.’’ in another opinion, Ashcroft decided extremist on policy grounds is coun- Let me quote that point again, ‘‘the that operators of surface mines must tered effectively by his five elections long history of Senator Ashcroft’s obtain a permit for each year that the to statewide office in Missouri, and his identification with and approval of . . . mine was unreclaimed. In reaching this elections to head the National Associa- religious, right-wing extremism in this opinion, Ashcroft concluded that a con- tion of Governors and the National As- country convinces [Professor Dunn] tinuous permit requirement facilitated sociation of Attorneys General. that he is utterly unqualified and must Missouri’s intention ‘‘to protect and Mr. President, John Ashcroft is be assumed unreliable for such a promote the health, safety and general qualified, not extreme on policy, but trust.’’ welfare of the people of this state, and his policy positions are largely irrele- That is about as baldly as the matter to protect the natural resources of the vant because he has demonstrated that can be put, John Ashcroft is ‘‘utterly state from environmental harm.’’ This he understands his role as law enforcer, unqualified’’ and ‘‘unreliable’’ because settlement was echoed in an opinion as distinguished from that of a policy of his ‘‘religious, right-wing extre- concerning recycling that John advocate. mism.’’ Ashcroft wrote in 1977. In Attorney I hope we will give him the benefit of As if the name-calling were not General Opinion No. 189, Ashcroft de- the doubt if any doubt exists. I believe enough, to make this an even more cided that Missouri’s cities and coun- he will enforce the laws even-handedly stunning assertion, the case Professor ties could require that all solid waste and be a fine Attorney General. Dunn offers to prove this perceived be disposed of at approved solid waste Mr. President, I would also like to re- ‘‘extremism’’ is that John Ashcroft was recovery facilities, rather than land- spond to the issue of whether there the ‘‘principal architect’’ of the so- have been religious attacks on Senator fills. That opinion was based on the ar- called ‘‘charitable choice’’ legislation Ashcroft. guments that ‘‘recycling of solid which was passed by the Congress and Article VI of our Constitution, while signed by President Clinton in 1996. wastes results in fewer health hazards requiring that Officers of the govern- To suggest that duly passed legisla- and pollution problems than does dis- ment swear to support the Constitu- tion, adopted by two branches of gov- posal of the same types of wastes in tion, assures us that ‘‘no religious Test ernment controlled by different polit- landfills’’ and that ‘‘public welfare is shall ever be required as a Qualifica- ical parties is outside the mainstream better served by burning solid wastes tion to any Office or public Trust under is simply ludicrous, and suggests that for generation of electricity, thus con- the United States.’’ I fear that with re- the one outside the mainstream is not serving scarce natural resources.’’ I gard to the nomination of John suggest, Mr. President, that these are Ashcroft to be Attorney General of the Senator Ashcroft, but rather his crit- not the words of a man who is intent United States, we are coming very ics. This is a point that could be made on ignoring the law and destroying the close to violating the spirit, if not the on a number of policy fronts. Well, I am disappointed when policy environment. letter of that assurance. My final example, Mr. President, is Mr. President, John Ashcroft has disagreements deteriorate into name- on the topic of minority set asides. As been attacked as a dangerous zealot by calling, but considering the source I you know, among the tactics of the many of his opponents, who suggest am particularly disappointed. I would anti-Ashcroft forces has been to bring that his faith will require him to vio- hope that the United States Senate baseless racial allegations. And, again, late the law, or as a liar who cannot be would never countenance such attacks this is being done in indirect and subtle trusted when he says he will uphold the in the consideration of this, or any ways, implying that there is something law, even when he disagrees with it, as other, nominee. I hope no weight will hidden and unrestrainable about John he has in similar circumstances in the be given to such intemperate vitriol, Ashcroft that should concern minori- past. nor more guarded attacks made in the ties. Thus my colleagues will be I think the corrosive attacks on a same spirit. And I hope that none of pleased to learn that, as Missouri’s At- qualified nominee because of his reli- my colleagues would join in such at- torney General, John Ashcroft issued gious beliefs not only weakens our con- tacks, whether explicitly stated or an opinion which cleared the way for stitutional government, but also un- couched in more careful language. the Missouri Clean Water Commission dermines the ability of citizens in our But I am glad that at least Professor to award a 15 percent state grant to the democracy to engage in a meaningful Dunn’s clear statement can put to rest Metropolitan St. Louis Sewer District dialog with each other. When such at- the question of whether Senator to establish a minority business enter- tacks are made on the ground that a Ashcroft is being attacked in part on prise program. man’s faithful conviction will prevent his religious beliefs. Dunn is not alone, These examples—all of which pre- him from discharging the duties of his either. For example, Barry Lynn, of date the public smear campaign office, whole segments of our democ- Americans United for Separation of against John Ashcroft—demonstrate racy are disenfranchised, and the Church and State, in attacking Sen- that Mr. Ashcroft has a record of en- American heritage of religious toler- ator Ashcroft’s nomination also cites forcing the law. John Ashcroft has not ance is betrayed. charitable choice—again, a law adopted undergone a confirmation conversion. Let me point to just a few instances by two branches of government con- Rather, he is a victim of interest group of these amazing attacks on Senator trolled by two different parties—as an

VerDate 31-JAN-2001 04:25 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.080 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S897 instance of Ashcroft’s ‘‘extreme are genuine or which religious prin- tion is much different for me than my views.’’ And to underscore the broader ciple has priority for him. I think this consideration of all the other nominees point, Lynn points to the apparently moves dangerously close to the line of to President Bush’s Cabinet. It is dif- decisive fact that ‘‘Religious Right imposing a religious test on a nominee. ferent for the reason that in the case of leaders find Ashcroft’s fundamentalist Perhaps we can ask a nominee the most other nominees, I do not know Christian world view and his far-right general question whether there is any- those individuals personally. Of course, political outlook appealing.’’ Let us be thing that would keep them from ful- I did know Senator Abraham who clear here: the charge is guilt by asso- filling their duties, but I do not think served well with us and has now been ciation with religious people. it appropriate to assume that someone confirmed as our Nation’s Energy Sec- As a number of my colleagues have is unfit for a job because we have pre- retary. But with the exception of Sen- suggested that the nominee might conceptions about what their sect be- ators Abraham and Ashcroft, most of want to apologize for some of his asso- lieves and then criticize them if their the nominees come to me just from ciations or take the opportunity to dis- answers do not fit our preconceptions what I have heard, what I have seen in sociate himself from them, I would in- of what they should believe. We need to the newspapers, what others have writ- vite my colleagues to show a similar tread very carefully here. And we ten about those people. I do not have indignation for these attacks on people would do well in such matters to give the personal experience that I have had of faith, and dissociate themselves the benefit of the doubt to the nomi- in the case of John Ashcroft. from these intolerant statements, un- nee. We have certainly given the ben- I knew John Ashcroft before I joined less they too would like their silence to efit of the doubt to the last President the Senate over 2 years ago. I got to be considered approval of such intoler- when we had qualms about the quality know him a little bit during the time I ance. Perhaps there needs to be greater or credentials of some of his nominees, was running for Senator from Illinois. sensitivity shown here. or their policy positions. But we owe a Then, of course, once I was sworn into In addition to such explicit attacks, special duty to resolve doubts in favor office, I had the privilege of working others attack Senator Ashcroft be- of a nominee when questions stem from with John Ashcroft on a regular basis. cause his religious beliefs can be our assumptions about a nominee’s re- I worked with him for 2 years side by viewed as diverging from the legal re- ligious beliefs, especially in the face of side, sometimes day in and day out. sults favored by far left liberal interest the nominee’s contradiction of our as- My State of Illinois is right next door groups. sumptions. to the State of Missouri, so perhaps I For example, in the area of abortion, Mr. President, I think we would all have had the privilege of getting to Ms. Gloria Feldt, the president of do well to remember what we know know John Ashcroft and working with Planned Parenthood Federation of about John Ashcroft, and not be influ- him more closely than many of the America criticized Senator Ashcroft enced by a caricature painted by those other Members of this body. for ‘‘his belief that personhood begins extreme groups whose distortions of We, of course, have many issues that at fertilization,’’ saying that his view this honorable man are driven largely Illinois and Missouri share in common. is ‘‘one of the most extreme positions by their own narrow political interests. We have a similar agricultural econ- among those who oppose a woman’s We know John Ashcroft is the sort of omy where corn and beans are the pre- right to make her own reproductive person whose word is his bond. And if vailing crop. We also have the Mis- choices, John Ashcroft actually be- his religion is relevant, it speaks for sissippi River that divides our two lieves that personhood begins . . . at him as a person who will discharge the States. We are frequently working to- the moment that sperm meets egg, the office of Attorney General with honor gether on issues of concern to the Mis- moment of fertilization.’’ Well, call it and dignity, with impartiality, accord- sissippi River. We also share the Great- extreme if you will—that word is a ing to the law. er St. Louis metropolitan region. Most hobby horse of the far left liberal I think if we examine our hearts, we of that region is in John’s State of Mis- groups who oppose this nominee—but I will find nothing that disqualifies John souri, but a large portion of it, maybe understand that is the position of a Ashcroft to be Attorney General. And 20 percent of it, actually is across in number of churches, including the we cannot, in good conscience, say that the eastern part of the Mississippi Catholic church. What is striking and all those Americans who believe as he River and in my State of Illinois. We chilling about this attack is the impli- does are outside the mainstream of were constantly discussing issues of job cation that anyone who holds this be- American opinion. No, they are solidly creation and economic opportunities in lief, including believing members of within the history of American plu- the Greater St. Louis region. many churches, including the millions ralism and freedom, including religious In addition, I had the opportunity to of believing Catholics, are unfit for the freedom. We know John Ashcroft will work closely with John insofar as he office of Attorney General because of faithfully discharge his duties and was a supporter of a bill that I spon- their ‘‘extreme positions.’’ Surely, the honor his oath of office no matter what sored last year to improve the stand- Senate cannot take the position that the liberal pressure groups assert. I ards on child safety seats in this coun- faithful Americans who adhere to the hope we will similarly honor our oaths, try. The bill went through the Senate pro-life doctrines of their churches, or rejecting what has become in essence a Commerce Committee. In fact, I be- even those who are pro-life on secular religious test for this nominee, and lieve John was chairman of the sub- grounds, are unfit for office because of vote to confirm this honorable man to committee in which that issue was this view. the post of Attorney General. first taken up. Besides undermining our basic as- The PRESIDING OFFICER. The Sen- I also worked very closely with Sen- sumptions supporting the rule of law, ator from Nevada. ator Ashcroft on the issue of sanction this critique leads to a second, and Mr. REID. Mr. President, the Senator reform. Both John and I and many oth- more chilling result for religious toler- from Illinois wishes to speak now. He ers, representing particularly mid- ance, namely that of Senator’s judging has indicated he will take about 10 western States, were very concerned a nominee on the basis of their views of minutes. Following that, I ask unani- that some of the sanctions our Govern- the nominee’s religious faith and that mous consent that I be allowed to ment put on other countries, banning faith’s priorities. John Ashcroft re- speak and, following that, Senator the sale of products from our country sponds to those who criticize him for KENNEDY. to other countries around the world his beliefs about abortion and the be- The PRESIDING OFFICER. Without that may have bad records in one re- ginning of life, for example, by stating objection, it is so ordered. gard or another, were hurting people that his religion requires him to follow The Senator from Illinois. that they were not intended to hurt the law as written when he is filling an Mr. FITZGERALD. Mr. President, I and were not affecting the govern- enforcement role, and his oath to do rise in support of John Ashcroft in his ments. At the same time, they were that will be binding on him. Those who nomination as our Nation’s Attorney shooting our own farmers in the foot. challenge his veracity on this point are General. I supported John’s efforts to lift the picking and choosing which of Senator This nomination debate and the con- sanctions with respect to food and Ashcroft’s religious beliefs they feel sideration of John Ashcroft’s nomina- medicine that our country had placed

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.082 pfrm02 PsN: S31PT1 S898 CONGRESSIONAL RECORD — SENATE January 31, 2001 on a number of nations around the even know that this man, who has confirmation of the nomination of world. spent most of his life in public office in John Ashcroft to be Attorney General There are many other issues. In fact, so many different elected posts in the of the United States. my staff gave me two pages of issues State of Missouri, was in fact a co- Mr. LEAHY. Reserving the right to that I worked very closely on with author, I believe, with his wife of a object, and I will not object, if I could John Ashcroft. I am not going to go business law textbook. It is hard to ask the distinguished leader, this locks through and rebut one by one all the imagine when he found the time to do in the vote at 1:45. Is it his assumption little points that have been made. In that. But so brilliant, so talented, and that should everybody have used up fact, I think many people have already hard-working is John that he has a re- their time prior to that, there may be done a good job rebutting some of the markable degree of accomplishment in a new request to move the vote time disinformation that has been put out. I academics, in public service, and in earlier? think Senator Ashcroft did an out- music and other areas. He is a wonder- Mr. LOTT. I believe this would indi- standing job defending his own record ful, outstanding man. cate that the vote will be not later before the Senate Judiciary Com- Finally, without belaboring this sub- than 1:45. If Senators yield back their mittee. ject on which I think the points and time or don’t use the entire time, and Of the people I have known over the counterpoints have been made now we could finish at an early hour—11:30 course of my public life, I would have thoroughly on both sides of the aisle, or 12:00—I would be very appreciative to tell my colleagues that John the final thought with which I would of that. I would be willing to yield Ashcroft has few equals in terms of like to leave the Senate is that the at- some of my own time to accomplish character and integrity. John Ashcroft tacks that have been made on John that. If we see we are ready to proceed is a man of utmost character and in- Ashcroft simply don’t compute with to a vote at noon tomorrow, certainly, tegrity—as much, if not more so, than the John Ashcroft from my neigh- I would like to be able to do that. I thank Senator LEAHY, and espe- anyone else I have ever met in public boring State whom I knew and served cially Senator REID, for working this life. with day in and day out for 2 years. When I heard that President Bush I don’t think even the people of Mis- agreement out, and to all Senators who have been willing to accomplish it so had nominated John Ashcroft to be At- souri would recognize the characteriza- we can complete this debate and get a torney General, I knew that I had dis- tions of this man whom they elected to be their attorney general, their Gov- vote. agreed with John Ashcroft on many The PRESIDING OFFICER. Without issues during the course of the last 2 ernor, and their Senator and who has had such a long and distinguished ca- objection, it is so ordered. years. I had voted differently than he Mr. LOTT. In light of this agreement, on any number of issues, maybe some reer. And even before he was an elected officer, he was the State auditor of the the next vote will occur on the con- of which have been used as an argu- firmation of our former colleague, Sen- ment against John Ashcroft. But I State of Missouri. He is one of the most qualified people ever to be nominated ator John Ashcroft, not later than 1:45 thought: Thank God that President p.m. tomorrow, and earlier if the time Bush has had the wisdom to put some- for the office of Attorney General. I urge my colleagues, some of them has been yielded back and we are ready one who is absolutely unimpeachable, who may disagree with votes John to proceed to a final vote. irreproachable, and an absolute Ashcroft may have taken in his many Mr. REID. Will the Senator yield? straight arrow in that office of Attor- years in the Senate, to reconsider and Mr. LOTT. I am happy to yield. ney General. Mr. REID. After Senator KENNEDY, I think about how important is his char- I believe character and integrity are, will make a statement, and Senator acter and integrity, and just the fact hands down, the most important quali- GRAHAM from Florida will make a that we can all sleep well at night fications for that job and, indeed, just statement. I say to all the Senators, ei- knowing we have an absolute straight about any job in public life. Many peo- ther with the majority or the Demo- arrow in the highest law enforcement ple have raised the question, Will John cratic side, if they feel they still want position in this country. Ashcroft enforce the laws? Clearly, Thank you very much, Mr. President. to talk, they can come and talk to- there are many laws on the books that Mr. LOTT. Mr. President, I ask unan- night. he would not have voted for and did not imous consent that beginning at 9 a.m. Mr. LOTT. I believe we have some vote for, or, if they came up again, on Thursday, the Senate resume the Senators committed to speak after would not vote for. There are many Ashcroft nomination in executive ses- that, at least two more within the next laws on the books that many of us sion and the time be allocated in the hour, interspersed with other speakers. Mr. REID. The point I make, no one would not have voted for. following fashion: 9 a.m. to 9:15 under should complain they don’t have the But when the question comes up the control of the majority party; 9:15 ability to talk. about John Ashcroft enforcing the to 9:30 under the control of Senator Mr. LOTT. It is not that late by Sen- laws, the thought that has gone HARKIN; from 9:30 to 9:45 under the con- ate time. I believe we have one speaker through my head is, I know John trol of Senator JOHNSON; from 9:45 to 10 who will speak at 7:50 or so, and if Ashcroft well enough to believe with a.m. under the control of the majority other Senators who haven’t spoken wholehearted confidence that if John party; from 10 a.m. until 10:15 under would like to get in the queue, we Ashcroft says he will enforce the laws, the control of Senator SARBANES; from would like them to do that, or Sen- he will enforce the laws. He is so stel- 10:15 to 10:30 under the control of the ators who were thinking they want to lar, so 24-carat is his honor and integ- majority party; from 10:30 to 10:45 wait until tomorrow, I think it would rity, that I believe him without ques- under the control of Senator be well received if they could go ahead tion. LIEBERMAN; from 10:45 to 11 a.m. under and speak tonight. One of the other things that really the control of the majority party; from has not been discussed or brought up in I yield the floor. 11 o’clock to 11:10 under the control of Mr. REID. Mr. President, I suggest adequate defense of John Ashcroft—as Senator EDWARDS; from 11:10 to 11:15 the absence of a quorum. bright as all my colleagues are in this under the control of Senator GRAMM of The PRESIDING OFFICER. The illustrious body, the Senate, so many Texas; from 11:15 to 11:45 a.m. under clerk will call the roll. of whom are brilliant and had brilliant the control of Senator WELLSTONE; The assistant legislative clerk pro- academic careers—is that I have to say Senator LEAHY or his designee from ceeded to call the roll. John Ashcroft is one of the brightest 11:45 to 12:15; Senator HATCH or his des- Mr. REID. Mr. President, I ask unan- and most articulate public servants ignee in control from 12:15 to 12:45 in imous consent that the order for the with whom I ever had the privilege of the afternoon; and Senator DASCHLE or quorum call be rescinded. serving. I think you can see that if you his designee from 12:45 in the afternoon The PRESIDING OFFICER. Without look at his early career and his under- to 1:15; Senator BOND in control from objection, it is so ordered. graduate degree from Yale. He at- 1:15 to 1:30; and Senator LOTT in con- Mr. REID. Mr. President, I ask unan- tended the University of Chicago Law trol from 1:30 to 1:45. imous consent that the order of speak- School, a renowned institution in my I ask unanimous consent that at 1:45 ers be reversed and that Senator KEN- home State. And many people do not the Senate proceed to a vote on the NEDY precede the Senator from Nevada.

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.135 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S899 The PRESIDING OFFICER. Without St. Louis case. He also complained that When questioned about Judge objection, it is so ordered. some of the money went to the subur- White’s nomination, Senator Ashcroft The Senator from Massachusetts is ban schools. It went for the students did not retreat from his characteriza- recognized. who transferred to the suburban tion of Judge White’s record, although Mr. KENNEDY. Mr. President, I schools; that is Public School Choice. a review clearly demonstrates that thank the leaders. I will just take a few He said that the test scores went down Senator Ashcroft’s charges were base- moments to respond to some points in St. Louis in the nineties. less. It’s clear that Senator Ashcroft that were made earlier in the day by What is clear, is that the students distorted the record in order to portray my friend and colleague, the Senator who transferred had consistently twice Judge White’s confirmation as a ref- from Utah, Mr. HATCH. to three times the graduation rate, and erendum on the death penalty. Earlier this morning I took the time in some districts, 90 percent of the Senator Ashcroft had decided to use to review the history of the challenges graduates went on to college. the death penalty as an issue in his that were there for St. Louis in terms Defenders of Senator Ashcroft also campaign for re-election to the Senate, of desegregation of the schools and the claimed that desegregation in Missouri and to make his point, he cruelly dis- actions that were taken or failed to be was more expensive than anywhere ex- torted the honorable record of a distin- taken by the nominee, Mr. Ashcroft. I cept California. We all know what guished African American judge and took a considerable amount of time to made it expensive—the unrelenting 16 denied him the position he deserved as review the whole history and review year fight against doing anything to a federal district court judge. As I said the cases there. I drew the conclusion fix the problem by Senator Ashcroft at the hearing, what Senator Ashcroft that there was a gross failure of, I when he was Attorney General and did to Judge White is the ugliest thing think, judgment in terms of taking the Governor of the State. that has happened to a nominee in all necessary steps to protect the interests If Senator Ashcroft was simply pro- my years in the Senate. of the children. Those cases were later tecting the state’s treasury he could Senator Ashcroft was also asked challenged during the course of the easily have proposed a cheaper alter- about the nominations of Bill Lann Lee afternoon, and I would like to respond native to the court. If he was con- to serve as Assistant Attorney General very briefly and then to conclude with cerned that the courts was ordering de- for Civil Rights, Dr. David Satcher to the remainder of my remarks that I segregation, he could easily have sup- serve as Surgeon General of the United had this morning, which, because oth- ported a state law to correct the prob- States, and James Hormel to serve as ers were here on the floor, I did not lem. U.S. Ambassador to Luxembourg. Senator Ashcroft told the committee have the time to do. In fact, the state is not paying for My food friend from Utah talked ear- the plan anymore, and that’s because that he could not support Mr. Lee be- lier about the St. Louis desegregation Senator Ashcroft successors, Attorney cause he had ‘‘serious concerns about case. Unfortunately, he continued the General Jay Nixon and Governor Mel his willingness to enforce the Adarand pattern on the other side of expressing Carnahan, provided the leadership decision’’ on affirmative action. In truth, however, Mr. Lee’s position on outrage about the fact that desegrega- needed to settle the cases and start im- affirmative action was well within the tion can be expensive, without being proving education for all the children mainstream of the law, and he repeat- outraged by the injustice being done to in St. Louis. Earlier, I spoke at length about Sen- edly told the committee that he would the African American children in St. ator Ashcroft’s record on civil rights— follow the Supreme Court’s ruling in Louis. The simple fact is that Senator especially, school desegregation and the Adarand case. As Senator LEAHY voting rights—and his record on wom- said during the Ashcroft confirmation Ashcroft spent his career as attorney en’s rights and gun control. At this hearings, general denying the facts of discrimi- time, I intend to discuss Senator nation and segregation. He continued Mr. Lee testified on a number of occa- Ashcroft’s treatment of judicial and ex- sions—in fact, testified under oath, includ- to deny them at his confirmation hear- ecutive branch nominees. ing, incidentally, directly in answer to your ing, and many of our colleagues are at- I know others have referenced some questions, that he would enforce the law as tempting to deny them on the floor of of them, but I want to underscore my declared in Adarand. And he also said, in di- the Senate. own reaction and response to the han- rect answer to questions of this committee, The facts are clear. The state of Mis- he considered the Adarand decision of the dling of these nominations by Senator souri was found guilty by the courts of Supreme Court as the controlling legal au- Ashcroft. segregating the schools and keeping thority of the land, that he would seek to en- Senator Ashcroft’s handling of judi- force it, he would give it full effect . . . them segregated all the way through cial and executive branch nominations the 1970s. The court’s findings in 1980 That wasn’t sufficient for Senator raises deep concerns. In four of the Ashcroft and he continued to oppose, made very clear that the state was ag- most divisive nomination battles in the gressively maintaining segregation. and oppose strongly, this extraor- Senate in the six years he served with dinarily well-qualified, committed, and Even black families who had moved out us, Senator Ashcroft was consistently to the suburbs saw their children bused dedicated public servant. involved in harsh and vigorous opposi- Similarly, Senator Ashcroft said he back into the inner-city to black tion to the confirmation of distin- did not support Dr. Satcher to be Sur- schools. As the court ruled in 1982: guished and well-qualified African geon General because he: We held . . . that the state had substan- Americans, an Asian American, and a tially contributed to the segregation of the . . . supported a number of activities that gay American. I thought were inconsistent with the ethical public schools of the City of St. Louis . . . When President Clinton nominated obligations of a medical doctor and a physi- the state defendants are primary constitu- Judge Ronnie White of the Missouri cian, particularly the surgeon general * * * tional wrongdoers and, therefore, can be re- for example he supported an AIDS study on quired to take those actions which will fur- Supreme Court to be a federal district pregnant women in Africa where some pa- ther the desegregation of the city schools, court judge, Senator Ashcroft fla- tients were given placebos, even though a even if the actions required will occur out- grantly distorted the record of the treatment existed to limit transmission of side the boundaries of the city school dis- nominee and attacked him in the AIDS from the mother to the child * * * I, trict. strongest terms. He accused Judge secondly, believed his willingness to send Yet Senator Ashcroft continued to White of being ‘‘an activist with a AIDS-infected babies home with their moth- insist that the state was ‘‘found guilty slant toward criminals.’’ He accused ers without telling their mothers about the of no wrong.’’ him of being a judge with ‘‘a serious infection of the children was another ethical Some of our colleagues claimed that bias against a willingness to impose problem that was very serious. Senator Ashcroft’s position was vindi- the death penalty.’’ He accused him of In fact, at the time of the debate on cated by the Supreme Court in Mis- seeking ‘‘at every turn’’ to provide op- the Satcher nomination in 1997, ap- souri v. Jenkins. But the Jenkins case portunities for the guilty to ‘‘escape proximately 1,000 babies were born was from Kansas City. It had nothing punishment.’’ He accused him of voting with HIV every day. Most of the births to do with St. Louis. ‘‘to reverse the death sentence in more were in developing countries, where the The Supreme Court rejected every cases than any other [Missouri] Su- U.S.-accepted regimen of AZT treat- one of Ashcroft’s three appeals in the preme Court judge.’’ ment is not practical because of safety

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.139 pfrm02 PsN: S31PT1 S900 CONGRESSIONAL RECORD — SENATE January 31, 2001 and cost concerns. In 1994, the World [Mr. Hormel’s] conduct and the way in Senator Ashcroft is closely tied to Health Organization had called a meet- which he would represent the United States the gun lobby and he has often accept- ing of international experts to review is probably not up to the standard that I ed contributions from these organiza- the use of AZT to prevent the spread of would expect. tions and supported their agendas. Dur- HIV in pregnancy. That meeting re- Senator LEAHY asked Senator ing the hearing, he told us that keep- sulted in the recommendation that Ashcroft at the Judiciary Committee ing guns out of the hands of felons is a studies be conducted in developing hearings whether he opposed Hormel’s ‘‘top priority’’ of his. Yet, in 1998, this countries to test the effectiveness and nomination because of Hormel’s sexual did not seem to be a top priority for safety of short-term AZT therapy that orientation. Senator Ashcroft re- him. He supported an NRA-sponsored could be used in developing countries sponded ‘‘I did not.’’ Instead, Senator ballot initiative that would have al- and that those studies be placebo-con- Ashcroft claimed that he had ‘‘known lowed almost anyone to carry con- trolled to ensure safety in areas with Mr. Hormel for a long time’’—Mr. cealed guns in Missouri. The proposal various immune challenges. Approval Hormel had been a dean of students at was so filled with loopholes that it was obtained by ethics committees in the University of Chicago law school would have allowed convicted child this country and the host countries and when Senator Ashcroft was a student molesters and stalkers to carry semi- by the UNAIDS program. there in the 1960s. Senator Ashcroft re- automatic pistols into bars, sports sta- The studies were supported by many peatedly testified that he based his op- diums, casinos and day care centers. leaders in the medical field, and the position to Mr. Hormel on the ‘‘total- The proposal was opposed by numerous facts undermine Senator Ashcroft’s ity of the record.’’ law enforcement groups and many in criticism of Dr. Satcher. Mr. Hormel was so troubled by Sen- the business community. Proponents of Senator Ashcroft also ator Ashcroft’s testimony that he the measure say Senator Ashcroft vol- mischaracterized Dr. Satcher’s role in wrote to the committee and said the unteered his help to support the ref- the survey of HIV child-bearing following: erendum, even recording a radio and women. In 1995, seven years after the I want to state unequivocally and for the endorsing the proposal. Senator survey began during the Reagan Ad- record that there is no personal or profes- Ashcroft stated in response to written ministration, Dr. Satcher, as acting sional relationship between me and Mr. questions that: CDC director, and Dr. Phil Lee, former Ashcroft which could possibly support such a statement. Although [he did] not recall the specific Assistant Secretary for Health, halted details, [his] recollection is that supporters the HIV survey. They did so because of The letter continued: of the referendum approached [him] and a combination of better treatment op- I have had no contact with him [Ashcroft] asked [him] to record the radio spot. tions for children with HIV, the dis- of any type since I left my position as Dean The fact remains that Senator covery of a therapeutic regimen to re- of Students . . . nearly thirty-four years ago, Ashcroft did support the referendum in 1967 . . . For Mr. Ashcroft to state that he duce mother-to-infant HIV trans- was able to assess my qualifications . . . and did record the radio spot. Few can mission, and a greater ability to mon- based upon his personal long-time relation- doubt that as a seasoned politician, itor HIV trends in women of child- ship with me is misleading, erroneous, and Senator Ashcroft made himself fully bearing age in other ways. disingenuous . . . I find it personally offen- aware of the contents of the ref- Dr. Satcher’s participation in the sive that Mr. Ashcroft, under oath and in re- erendum before lending his name to it. survey was justified, and it was not a sponse to your direct questions, would And if he did not, there is even greater valid reason for Senator Ashcroft to choose to misstate the nature of our rela- reason to question his judgment and deny him confirmation as Surgeon tionship, insinuate objective grounds for vot- suitability for such a high and impor- ing against me, and deny that his personal General. tant position in our Federal Govern- It was a gross distortion of his record viewpoint about my sexual orientation played any role in his actions. ment. in this situation. To criticize him for Senator Ashcroft championed the We should all be deeply concerned taking actions which were inconsistent NRA’s concealed weapon proposition in about Senator Ashcroft’s willingness to with ethical considerations in that 1998. But in 1992, while governor of Mis- case was a complete distortion of the mislead the Judiciary Committee souri, he had voiced his concerns about record. about his reasons for opposing the such a measure. As governor, he stated The case of James Hormel is also es- Hormel nomination. As the St. Louis he had ‘‘grave concerns’’ about con- pecially troubling. When Mr. Hormel Post-Dispatch noted on January 22, cealed carry laws. He stated: 2001: was nominated by President Clinton to Overall, I don’t know that I would be one serve as Ambassador to Luxembourg, [T]he most disturbing part of Mr. to want to promote a whole lot of people car- Senator Ashcroft and Senator HELMS Ashcroft’s testimony was the way in which rying concealed weapons in this society. he misstated important parts of his record. were the only two members of the For- He further stated: Senator Ashcroft’s efforts to derail eign Relations Committee to oppose Obviously, if it’s something to authorize the nomination. Although Senator the nominations of these four distin- everyone to carry concealed weapons, I’d be Ashcroft voted against Mr. Hormel, guished men was grounded in a distor- concerned about it. Senator Ashcroft did not attend the tion of the facts. In every case, He When asked about his change of view confirmation hearings, did not submit twisted events to suit his purposes and in deciding to support the 1998 initia- written questions, and refused Mr. held the nominees to a standard by tive, Senator Ashcroft said he changed Hormel’s repeated requests to meet or which he could not be confirmed. his position because of ‘‘Research plus speak by phone to discuss the nomina- Sadly, the facts surrounding these real-world experiences.’’ tion. nominations represent the tip of the However, Senator Ashcroft’s research Generally, as a matter of courtesy, if iceberg. Year after year, Senator was so flawed that he responded to a nominee asks individual members to Ashcroft worked to prevent the con- written questions that ‘‘[t]o the extent meet with them to explain their posi- firmation of talented women and mi- there were loopholes in Missouri law’’ tions, respond to questions, as long as norities—Marsha Berzon, Richard Paez, that would permit convicted child mo- it have been in the Senate that has Margaret McKeown, and others. In lesters and stalkers to carry concealed been a privilege that has been ex- some instances he was successful and— weapons, he was ‘‘unaware of those tended. But not by Mr. Ashcroft to Mr. fortunately—in others, he was not. provisions at the time.’’ Later, it was Hormel, in spite of repeated requests. But, what is most disturbing is Senator reported that the gun lobby spent In 1998, when asked about his opposi- Ashcroft’s unfair treatment of well- $400,000 in support of Senator tion to Mr. Hormel’s nomination, Sen- qualified men and women, and, what Ashcroft’s Senate reelection campaign. ator Ashcroft stated that homosex- appears to be, a fundamental misunder- He became: uality is a sin and that a person’s sex- standing of the role of a federal jurist the unabashed celebrity spokesman . . . for ual conduct: or the role of a member of the Presi- the National Rifle Association’s recent at- is within what could be considered and dent’s Cabinet. tempts to arm citizens with concealed weap- what is eligible for consideration. I want to mention Senator Ashcroft’s ons in Missouri. Senator Ashcroft also publicly stated decades-long opposition to gun control That is according to a column by in 1998 that: legislation. Laura Scott in the Kansas City Star.

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.126 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S901 The Citizen’s Committee for the State of Missouri guilty of an inter-dis- sented regarding his fitness for office, Right to Keep and Bear Arms gave Sen- trict violation. But a circuit court can- and that I would give the chief execu- ator Ashcroft the ‘‘Gun Rights De- not make such a factual finding. Rath- tive what leeway I could in his choice fender of the Month’’ Award for leading er this is a finding that must be made of people to carry out his plans and the opposition to David Satcher’s nom- by the trial court. policies. That license, however, is not ination to be Surgeon General. The The fact that the State was never unlimited, for it is also my obligation group objected to Dr. Satcher because found liable for an inter-district viola- to pass upon the nominee; to weigh the he advocated treating gun violence as a tion is shown by the fact that through- evidence of his or her past and deter- public health problem. out 1981 and 1982 the parties were pre- mine how it will affect our country’s Based on his close ties to the gun paring for a trial on the very question future. lobby and his strong support for their of inter-district liability. I have weighed the facts revealed be- agenda, it is difficult to have con- So again, I emphasize that it is true fore the Judiciary Committee to the fidence that Senator Ashcroft will fully and correct to say that the State was best of my ability. The evidence has and fairly enforce the nation’s gun con- never found liable for an inter-district convinced me that Mr. Ashcroft has trol laws and not seek to weaken them. violation. demonstrated real and substantial bi- Senator Ashcroft has shown time and Although the State was not found ases against women, people of color, time again that he supports the gun liable for an inter-district violation it gays and lesbians, and anyone else who lobby and opposes needed gun safety was required by the district court to does not meet his personal definition of measures. Given the important litiga- pay for a settlement reached by the what constitutes a true American. Not tion in the Federal courts, it is impera- suburbs and the City of St. Louis. This only has he shown that pervasive bias, tive to have an Attorney General who order by the district court was likely he has repeatedly acted upon it as at- will strongly enforce current gun con- unconstitutional under the Supreme torney general and Governor of Mis- trol laws such as the Brady law, the as- Court’s decision in Milliken. souri and as a member of this body. sault weapons ban, and other statutes. Opposing these court orders for a It is with sadness I stand here to- It is also important to have an Attor- plan that was constitutionally suspect, night to say that the facts have forced ney General with a responsible view of expensive, and ineffective, does not me to two conclusions. First, John proposed legislation when the Depart- make Senator Ashcroft an opponent of Ashcroft, while he has many fine quali- ment of Justice is asked to comment desegregation. ties, he is not the person to be this on it. Indeed, the plan as implemented has country’s chief law enforcement offi- In conclusion, the Attorney General been a dismal failure. Test scores actu- cer. Second, while President George W. of the United States leads the 85,000 ally declined from 1990 to 1995. Scores Bush may wish to be a unifier, he is not men and women who enforce the Na- on the Stanford Achievement Test willing to put unity above partisan ap- tion’s laws in every community in the went from 36.5 to 31.1 at a time when peal to the most extreme elements in country. The Attorney General is the the national mean was 50. And the the Republican Party. Nation’s chief law enforcement officer graduation rate has remained around a To President Bush I say this. Please and a symbol of the Nation’s commit- dismal 30 percent. remember that it was the first Repub- ment to justice. Americans from every He has repeatedly stated the opposite lican President, Abraham Lincoln, who walk of life deserve to have trust in position. quoted from the Bible these words, ‘‘A him to be fair and just in his words and To question Senator Ashcroft’s integ- house divided against itself cannot in his actions. He has vast powers to rity over such a complicated and con- stand.’’ You, President Bush, cam- enforce the laws and set priorities for troversial issue is to seriously distort paigned on a platform of unification of law enforcement in ways that are fair his record and disbelieve his sworn tes- this Nation. I will support every effort or unfair—just or unjust. timony. of yours to do so, but unification does When a President nominates a person Senator Ashcroft acted with great not mean that we abandon our commit- to serve in his Cabinet, the presump- probity as representative for the State ment to fairness and impartiality and tion is rightly in favor of the nominee. of Missouri. He supports integration essential decency in government. But Senator Ashcroft has a long and and deplores racism. To John Ashcroft, I say that I cannot detailed record of relentless opposition The PRESIDING OFFICER. The Sen- confirm to an office whose obligation on fundamental issues of civil rights ator from Nevada. to govern impartially is as compelling and other basic rights of vital impor- Mr. REID. Mr. President, the Depart- as his obligation to govern at all; and tance to all the people of America, and ment of Justice is the representative whose interest, is that justice shall be the people of this country deserve bet- not of an ordinary party to a con- done a man who has repeatedly and ter than that. Americans are entitled troversy, but of a sovereignty whose pervasively demonstrated that he is to an Attorney General who will vigor- obligation to govern impartially is as not impartial, and that he judges indi- ously fight to uphold the law and pro- compelling as its obligation to govern viduals not by the content of their tect our constitutional rights. Based at all; and whose interest, is that jus- souls but rather by the tint of their on a detailed review of his long record tice shall be done. ideology. I cannot confirm a man who in public service, Senator Ashcroft is That obligation of impartiality, oft allows his bias against another’s most not that man. I urge the Senate to vote repeated by the Supreme Court, personal lifestyle choices to effect his no on this nomination. courses as the lifeblood through all de- decision on whether that individual is Mr. HATCH. Mr. President, my col- partments of any fair and representa- fit to enter public service. I cannot league Senator KENNEDY continues to tive government. From it springs the confirm a man who prevents women mischaracterize Senator Ashcroft’s confidence in government which is the from options to which they should be record with regard to school desegrega- presupposition central to the Founding entitled. I cannot confirm as Attorney tion. First, let me say that I do not in Fathers’ basic premise; that govern- General anyone who will not confer the least condone segregation in St. ment derives its proper power only upon that office the impartiality it de- Louis or Kansas City or anywhere else. from the consent of the governed. mands and, most importantly, de- It is a shameful legacy that must be When George W. Bush campaigned for serves. dealt with appropriately. the presidency, when he took his oath Mr. President, I cannot for the Second, while the costs of the deseg- of office, he promised the American women of Nevada, for the people of Ne- regation program were exorbitant this people that he would not divide our vada, vote to confirm John Ashcroft as is not the only criticism to be made of house against itself. I took him at his Attorney General of the United States. the plans. The primary argument re- word. So when my name is called by the peatedly made by Senator Ashcroft is When he nominated John Ashcroft as clerk of the Senate, I will respond that the state was never found liable Attorney General I kept an open mind without hesitation ‘‘No.’’ for an inter-district violation. and determined that I would, as I have Mr. NELSON of Florida. Mr. Presi- Senator KENNEDY refers to an 8th cir- always tried to do in the past, judge dent, many of my Democratic col- cuit decision that he argues found the the nominee upon the evidence pre- leagues rose today and expressed their

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.128 pfrm02 PsN: S31PT1 S902 CONGRESSIONAL RECORD — SENATE January 31, 2001 objections to the nomination of former Last week, this committee held four mains highly questionable for its reli- Senator Ashcroft to be Attorney Gen- days of hearings into the nomination of gious and racial bias; at the hearing he eral of the United States. I do not wish Senator Ashcroft. During that time, we demurred when Senator BIDEN urged to recapitulate their arguments, but I witnessed a man who had undergone a him to return the honorary degree and share many of their concerns regarding major transformation on many key did not rule out returning to the col- his nomination. I believe former Sen- issues of importance to the people of lege in the future. ator John Ashcroft has been a dedi- my State and the nation. The question And the old John Ashcroft, in stating cated public servant who has acted in that each Senator must now ask, is his reasons for voting against James what he felt was the public’s best inter- whether that transformation is plau- Hormel as Ambassador for Luxemburg, est. But his record has stirred con- sible after more than 25 years of advo- stated that Hormel had ‘‘actively sup- troversy on a wide-range of issues. The cating the other side. ported the gay lifestyle,’’ and that a position of attorney general is one of On a woman’s right to choose, for ex- person’s sexual conduct is ‘‘within great importance to the people of the ample, the new John Ashcroft would what could be considered and what is United States. An Attorney General have us believe that he fully accepts eligible for consideration’’ for ambas- must unite the citizens. Unfortunately, Roe v. Wade as the law of the land, and sadorial nominees. Senator Ashcroft’s record has tended he will do nothing to try to overturn it. Yet the new John Ashcroft promises to be divisive rather than unifying. He would fully fund task forces to pro- never to discriminate against gays or Most importantly, many Floridians tect women as they enter abortion lesbians for employment and said the are afraid that Senator Ashcroft will clinics, and stated firmly that ‘‘no reason for voting against Ambassador turn back the clock on civil rights woman should fear being threatened or Hormel was because he knew him per- after all the progress that has been coerced in seeking constitutionally sonally. Mr. Hormel called to tell me made over the years. Based on his protected health services.’’ that he not only does not know Mr. record and his testimony before the Ju- Contrast that with the John Ashcroft Ashcroft, but that the Senator had re- diciary Committee, I share their con- of the past 25 years, who has long ar- fused to meet with him prior to his cern. gued that there is no constitutional confirmation. An Attorney General, of all the Cabi- right to abortion at all, that Roe v. For over a quarter-century of public net officers, must be perceived to be Wade was wrongly decided, and in 1998 life, John Ashcroft has established a the most vigilant enforcer of the law, wrote that ‘‘If I had the opportunity to record of right-wing conservatism, and an attorney who will represent all the pass but a single law. I would . . . ban of views far to the right of the average people’s interest. I am afraid this nom- every abortion except those medically American, and even of many in his own ination does not meet that test. Thus, necessary to save the life of the moth- party. Senator Ashcroft has spent a ca- I am voting against confirmation. er.’’ This John Ashcroft supported a reer fighting against a woman’s right Mr. FEINSTEIN. Mr. President, I constitutional amendment to ban vir- to choose. He obstructed the nomina- truly believe that a President is enti- tually all abortions, even in the cases tions of several women and minority tled to his, or her, cabinet. I am aware of rape and incest—an amendment that candidates to the federal bench. that virtually all of President Clinton’s would also likely ban some of the most Senator Aschcroft said just two short cabinet was approved by voice vote, common forms of birth control, includ- years ago that ‘There are voices in the with one exception, which was a roll ing the pill and the IUD. Republican Party today who preach call vote, and that nominee was over- The John Ashcroft of 25 years once pragmatism, who champion concilia- whelmingly approved. stated, ‘‘Battles (for the unborn) are tion, who counsel compromise. I stand However, the background record of being waged in courtrooms and state here today to reject those deceptions. this nominee is not mainstream on the legislatures all over the country. We If ever there was a time to unfurl the key issues. I know he is strong and need every arm, every shoulder, and banner of unabashed conservatism, it is tough on law and order issues. How- every hand we can find. I urge you to now.’’ ever, his views on certain issues—civil enlist yourself in that fight.’’ The new In 1997, Senator Ashcroft remarked rights and desegregation, a woman’s John Ashcroft claims to have laid down that ‘‘People’s lives and fortunes [have] right to choose and guns—make him an his arms entirely. been relinquished to renegade judges— enormously divisive and polarizing fig- On gun control, the new John a robed, contemptuous intellectual ure. Ashcroft says he supports background elite.’’ He continued that ‘‘Judicial This record can best be characterized checks at gun shows, says that he despotism . . . stands like a behemoth as ultra-right wing. That is not where voted to deny the right to bear arms to over this great land.’’ most of the people in this nation are. domestic violence offenders, and says In a speech entitled ‘‘Courting Dis- Senator Ashcroft’s commitment to he would support re-authorizing the as- aster: Judicial Despotism in the Age of enforce the law in view of the sault weapons ban when it expires in Russell Clark,’’ Senator Ashcroft re- extremeness of his record, as well as, 2004, although he has called it ‘‘wrong- veals deep and antagonistic feelings to- on occasion, the harshness of his rhet- headed.’’ ward the courts of our country with oric, makes it difficult to believe that The old John Ashcroft, on the other this sentence: ‘‘Can it be said that the he can, in fact, fairly and aggressively hand, voted against mandatory back- ‘people govern’? Can it still be said enforce laws he deeply believes are ground checks at gun shows, trigger that citizens control that which mat- wrong. locks on guns sold, and a ban on large ters most? Or have people’s lives and When Senator John Ashcroft opposed capacity ammunition magazines. He fortunes been relinquished to renegade Bill Lann Lee’s nomination to head the supported a concealed weapons law judges—a robed contemptuous, intel- Civil Rights Division at the Depart- that would allow the people of Missouri lectual elite that has turned the courts ment of Justice, he argued that Lee to carry a concealed firearm into a gro- into ‘nurseries of vice and the bane of was ‘‘an advocate who is willing to pur- cery store, a church, or on school liberty’?’’ sue an objective and to carry it with grounds or on a school bus, superceding And in the case of Missouri Supreme the kind of intensity that belongs to the Federal Gun Free Schools Act. He Court Justice Ronnie White’s nomina- advocacy, but not with the kind of bal- was, and still may be, an active mem- tion to the federal bench, Senator ance that belongs to administration ber of the National Rifle Association. Ashcroft was responsible for a dark day . . . his pursuit of specific objectives On civil rights, the old John Ashcroft in the Senate. When a home-state Sen- that are important to him limit his ca- strenuously fought a desegregation ator objects to a nominee, it is very pacity to have the balanced view of plan in Missouri. In fact, the judge in unlikely that the nomination will go making the judgments that will be nec- the case stated that Attorney General forward. But instead of quietly object- essary for the person who runs [the Ashcroft, ‘‘as a matter of deliberate ing early on and allowing White to Civil Rights] Division.’’ policy, decided to defy the authority of withdraw his nomination with dignity If the Senator’s own standard is ap- this court.’’ if he so wished, John Ashcroft waited plied to this nomination, he would not The old John Ashcroft spoke at Bob until the nominee reached the floor of be confirmed. Jones University, that to this day re- the Senate—after waiting for two full

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.120 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S903 years—to derail the nomination and of compassion, but I also know it to be The Senators, and Representatives before humiliate the nominee by stating, ‘‘We a heart of truth, one who, when he mentioned, and the Members of the several do not need judges with a tremendous looks into the eyes of his colleagues State Legislatures, and all executive and ju- bent toward criminal activity.’’ and says, ‘‘I will enforce the laws of dicial Officers, both of the United States and of the several States, shall be bound by Oath Whatever Senator Ashcroft’s problem this Nation,’’ he and he alone is telling or Affirmation, to support this constitution; with Ronnie White, there was no need the truth. but no religious Test shall ever be required to destroy White’s reputation on the Why could we assume he would tell as a Qualification to any Office or public floor of the Senate, with no warning the truth when others in past years Trust under the United States. and no chance for Judge White to ei- have failed that test? Because he is a That is the Constitution of the ther defend himself or withdraw. This moral and ethical Christian. United States. That is the hallowed one act has become a stumbling block That is a very valuable and impor- voice of our Founding Fathers. Yet by tant definition to understand because to my support, which I have not been implication and innuendo, the far left if you meet that definition, you must able to get around. It says to me that of this country has implied, time and enforce the law; it is within your char- it was done for political purposes. time again over the last several weeks, acter and your being that you do such. Taken as a whole, Senator Ashcroft’s that a Christian person, a person of Lawmakers and law enforcers are dif- positions and statements, in my view, faith, cannot be trusted to serve and ferent types of people, but within the do not unite, but rather divide. They render the just and appropriate inter- character of the definition I have just send strong signals to the dispossessed, pretation of the laws of this country. given, they are people who, by their the racial minorities of our country, That is not only wrong for our country; very being, must enforce the law. They and particularly to all women who that is wrong under our Constitution. have fought long and hard for repro- cannot arbitrarily, they cannot philo- sophically, nor can they politically, ad- That test can never be allowed to be ductive freedom that this Attorney applied, whether on the right or on the General will not be supportive of laws just the law as we have seen it for 8 long years be adjusted to meet the poli- left or down the center. It is a test of for which they fought, no matter what character that we have prohibited in he has said in the past weeks. tics of the day. Quite the opposite happens with a this country for all time. And because How can our citizens feel that this we have prohibited it, our country is a man will stand up for them when their man of the character of John Ashcroft; for if he does not like the law, if he sanctuary for all the world to seek. civil rights are violated? How can the Mr. President, I am confident, be- left out, the rape victim who needs an does not feel it comports to his belief of what the culture and the character cause I know John Ashcroft—I know abortion have faith that this man his heart, that he is a man of unques- would enforce their rights? of our country ought to be, does he not enforce it? No. He turns to the law- tionable character who will do as he In the end, every Senator must live has said he will do before the Judiciary with his or her own vote, and for this making body, us, and says: You ought to change the law. It does not fit the Committee of the Senate—that he will Senator, that vote will be ‘‘no.’’ enforce the laws of this land, so help The PRESIDING OFFICER. The Sen- character or the essence of the Amer- ican way of life. But while it is here, I him God. ator from Idaho. I yield the floor. Mr. CRAIG. Mr. President, as a Sen- will enforce it as your Attorney Gen- eral. You see, I must; it is my responsi- Mr. President, I suggest the absence ator, I do not serve on the Judiciary of a quorum. Committee, but I have watched nearly bility. I have taken the oath of office, and in taking that oath, I must uphold The PRESIDING OFFICER. The every hour of their hearing on the con- clerk will call the roll. firmation of John Ashcroft to be our the law. Yes, John Ashcroft is a Christian. He The legislative clerk proceeded to next Attorney General of the United is a man of faith. My wife Suzanne and call the roll. States. I know John and Janet Ashcroft well Mr. SESSIONS. Mr. President, I ask I have watched while men and women and personally. We have traveled unanimous consent that the order for of good will, while attempting to speak around the country and around the the quorum call be rescinded. in soft and mellow tones, have been in- world with them. He is a close, per- The PRESIDING OFFICER. Without timidated and bludgeoned by the far sonal friend. In all of those times that objection, it is so ordered. left to such a point that we now hear we have traveled together, I have never Mr. SESSIONS. Mr. President, I rise them come to the floor of the Senate heard him once speak ill of another in support of the confirmation of John and reach to find excuses to vote human being. Not once have I ever Ashcroft to be Attorney General of the against a man of good faith and a man heard him impugn the character of an- United States. of good will. other human being. I spent 15 years of my professional I am not an attorney, nor have I ever Oh, John Ashcroft is a passionate career as a prosecutor, as a U.S. Attor- claimed to be, but as a human being man. He believes strongly in certain ney, in the Department of Justice. It is who has served in public life for a good ‘‘isms.’’ But most importantly, he be- an institution for which I have the number of years and associated with a lieves in Jesus Christ. He is a Chris- highest respect that I can express. The great many people, I believe I am a tian. That is a character valuable to goal of equal justice under law is one of reasonable judge of character. the culture of our country. the highest and most valuable ideals This afternoon, I heard a speech from What I have seen or what I have felt any nation can have. I am convinced one of my colleagues about seeing into over the last several weeks is the ulti- that this Nation’s strength is because the heart of John Ashcroft. That par- mate test coming down on John of our legal system, our pursuit of ticular Senator said that once she had Ashcroft. While it has not been spoken, truth and accuracy and fairness in giv- viewed the heart of John Ashcroft, she I sincerely believe it has been implied, ing everybody their day in court. could not support him. that if you are a Christian, if you are a We need to give nominees here their I suggest to that Senator that I have person of faith, you cannot serve in day in court. And if we do, John not seen into the heart of John public life and in public office in this Ashcroft will be found to be a sterling Ashcroft, but I know it because I have country because it, in some way, nominee. The complaints that are lived near it and around it for the last ‘‘taints’’ the way you think, the way made against him collapse in the face 6 years. I know of its sincerity and its you act, the way you respond. of the facts. And I believe that is plain compassion. I know of its love of people I offer that challenge up to all of my and accurate. I think that is an accu- and love of this institution. I know of colleagues because if that is what is rate statement. It disappoints me to its great patriotic pride for its country. being implied by the far left today, hear people persist in pursuing objec- I know of a heart that has served as a then shame on them, for it is outside tions and complaints that, if fairly State attorney general, a Governor, a the character of this country and it is looked at and considered objectively, Senator, and who will soon serve as the outside the Constitution of this coun- are not meritorious. U.S. Attorney General. try. Before I make my general remarks— No, I have not seen the heart. I know Let me read from article VI. The last and I will just respond to a few things the heart, and I know it to be a heart full paragraph of that article says: that have been said—I would like to

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.118 pfrm02 PsN: S31PT1 S904 CONGRESSIONAL RECORD — SENATE January 31, 2001 have printed in the RECORD a letter What used to be a calm exploration of a I want to share a few matters that that was published in the Washington nominee’s qualifications often now becomes are important to correct. They have Post today. I ask unanimous consent a trial by ordeal. Both political parties decry been repeated so often; I believe they the so-called ‘‘politics of personal destruc- to have that printed in the RECORD. are so incorrect that they ought to be tion’’ and then eagerly employ it. Special in- There being no objection, the mate- terest groups on all sides regard a confirma- responded to. First, in this town, peo- rial was ordered to be printed in the tion battle as a fundraising opportunity and ple know who are honest and truthful— RECORD, as follows: a test of strength, regardless of its impact on people who tell the truth, people who [From the Washington Post, Jan. 31, 2001] the nominee. A vote for John Ashcroft will are straight shooters—it is pretty well CONFIRM JOHN ASHCROFT not, in itself, restore civility to the con- known. And it is known those who can- firmation process, but it will help. ALAMERICA BANK, not be trusted. There are not many you It is time for all Americans to stop fight- would trust on almost any matter Birmingham, AL, January 31, 2001. ing the outcome of last Fall’s election and TO MEMBERS OF THE UNITED STATES SEN- whatsoever. John Ashcroft, though, is give President Bush a chance to govern. ATE: I am an African-American from Bir- President Bush has selected a diverse and in- that kind of person. You have heard mingham, Alabama. I live in a state known clusive cabinet. We must give his team an people say that repeatedly today and in around the world for its long and ugly his- opportunity to lead this nation. If Mr. days past. They know him. They re- tory of racial segregation and pervasive dis- Ashcroft does not live up to his commitment spect him. He is a man of integrity, a crimination. to enforce our federal laws on an even-hand- I am a former National Association for the man of religious faith, yes, a leader in ed basis, we can deal with that in the polit- Advancement of Colored People (‘‘NAACP’’) his denomination, a man who is broad- ical arena at a later date. Until then, we and Southern Christian Leadership Con- ly respected all over America for the should respect President Bush’s choice for ference (‘‘SCLC’’) trial attorney and a very qualities that are so much in need Attorney General. staunch supporter of each organization’s Sincerely, today. mission and goals. After graduating from law DONALD V. WATKINS, If anybody reads my mail and listens school in 1973, I spent the next two decades Founder and Chairman. to the comments I am receiving from litigating and winning landmark school de- Mr. SESSIONS. Mr. President, the people with a longing and a deep con- segregation, fair housing and equal employ- cern about their country, that a man of ment opportunity cases for the NAACP and letter was paid for by Donald V. Wat- SCLC. In 1976, I obtained a full and complete kins of Birmingham, Alabama. He is this quality is beaten up and attacked pardon from the State of Alabama for Mr. one of Alabama’s most prominent Afri- and dismembered, in effect, while at Clarence Norris, the last known surviving can American leaders, and he is an at- the same time we have the same Mem- ‘‘Scottsboro Boy’’. torney. I went to law school with Don. bers of this body who have been stead- I voted for former President Bill Clinton fastly and tenaciously defending the twice and supported him in his fight against He has been an active Democrat. He says in his letter that he supported the kind of spin that has gone on in this impeachment. I also voted for Al Gore and town that led to impeachment and Joe Lieberman last Fall. I am a political Gore-Lieberman ticket this time. He independent who assesses a political can- has been a lawyer for the NAACP and other matters, they are having a dif- didate or appointee’s fitness for office based the Southern Christian Leadership ficult time comprehending that. upon the content of his character—NOT his Conference, a trial attorney, and ‘‘a Anyway, we are here. People have party affiliation. staunch supporter of each organiza- had their day. They have been able to I believe it is time for the United States tion’s missions and goals.’’ appear at the hearing and present their Senate to confirm John Ashcroft as Attor- Don says it is time for us to restore charges. We, as Senators, are supposed ney General. Here is why: to weigh them. It is all right. I believe 1. As a former Governor and U.S. Senator, civility and dignity to the Senate con- firmation process. In effect, he says in free debate. Nobody should be sti- John Ashcroft may have played political fled—they ought to have their say. But hardball, but he is not a racist. that President Bush has been elected. When John Ashcroft was first nominated He made some promises. He promised we are not run here by special interest to be Attorney General, I read the newspaper to have a more diverse Cabinet. This groups. Handgun Control does not con- stories about his successful effort to defeat civil rights advocate, this skilled law- trol in this body. We take an oath to the federal judgeship nomination of Missouri yer says that he has followed those obey the law and to do justice here, not Supreme Court Justice, Ronnie White. I was commitments and that what the Afri- to kowtow to every group who builds highly concerned. I watched the Senate Judi- up a campaign to pressure Members of ciary Committee hearings. There, I saw a dif- can American community should do is to insist that he follows the other com- this body to vote the way they want, ferent story. I learned that Messrs. White threaten them that they won’t support and Ashcroft were skillful and brilliant play- mitments he made and judge him on ers at the game of legislative hardball. what he does, because he is the Presi- them in primary elections in the fu- Mr. White, while a state legislator, used dent, and we should give him a fair ture, and otherwise make their lives his powerful committee chairmanship posi- chance to succeed. miserable in every way they possibly tion to engage in political jousting with then He says John Ashcroft should be con- can to get them to vote a certain way. Governor Ashcroft. Years later, Mr. Ashcroft firmed. Quoting from the letter: They have a right to write and threat- continued the jousting by using his influence en and say they are not going to vote Americans have watched the Senate con- as a Senator to defeat Mr. White’s nomina- for somebody. It is a free country. But tion to become a federal district judge. firmation process deteriorate over the years The defeat of Justice White was hardball, since the Bork nomination in 1987. What we, as Senators, have a right and a not racism. Mr. White himself testified that used to be a calm exploration of a nominee’s duty and a responsibility to do the John Ashcroft was not a racist. qualifications now often becomes a trial by right thing. 2. It is time for America to have an Attor- ordeal. A vote for John Ashcroft will not, in I know there are some conservative ney General who will enforce the law equally itself, restore civility to the confirmation groups who tried to pressure Chairman and fairly for all Americans. process, but it will help. HATCH on some issues. He said: We are As Black Americans, we see the problem of Don Watkins says: willing to listen to you and have your crime in America up close and personal. It is time for all Americans to stop fight- input, but I am a Senator. I happen to Black Americans are among its greatest vic- ing the outcome of last Fall’s election and chair this committee. As long as I tims. For us, it is particularly important give President Bush a chance to govern. that the enforcement of our law be strong, chair the committee, we are going to President Bush has selected a diverse and in- effective and fair. do this fairly and above board and no clusive cabinet. We must give his team an Mr. Ashcroft has also promised to inves- interest group is going to have an opportunity to lead this nation. If Mr. tigate all alleged voting rights violations, Ashcroft does not live up to his commitment undue influence in how I do my job. particularly those lodged in Florida in the to enforce our federal laws on an even-hand- That is a fact. People know that aftermath of last Fall’s election. We expect ed basis, we can deal with that in the polit- here. We need to remember that as we him to prosecute any criminal violations if ical arena at a later date. Until then, we go forward with this process. federal laws protecting voting rights were should respect President Bush’s choice for One of the charges that has been broken in Florida. Attorney General. made that is somewhat complicated, 3. It is time to restore civility and dignity to the Senate confirmation process. I think that says it well. I had no ad- but at bottom is very simple, is this Americans have watched the Senate con- vance notice of this. I had no idea this charge that John Ashcroft opposed in- firmation process deteriorate over the years would appear from this fine and skilled tegration. That is a bad thing to say. since the Robert Bork nomination in 1987. advocate for equal rights in America. He came before the committee and

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.144 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S905 looked us all in the eye and said: I sup- He objected to that. He resisted as terribly pitiful, that he has just been port integration; I do not oppose inte- did two of his successors who resisted put upon and he has been abused, is gration. He said what he opposed was a it. In fact, one of the most infamous of what they would say. Federal court plan that was extreme, all court plans was because a Federal But let me tell you. We had a full in my view and in the view of a lot of judge ordered one of the school dis- hearing on the Adarand case. We had a legal scholars, to create a massive Fed- tricts to raise taxes to pay for his idea hearing on that. Mrs. Adarand even eral intervention in the educational of the school. came. Adarand, for purposes of back- systems of Kansas City and St. Louis, That is what we are talking about— ground, is the case that sets out the Missouri. In fact, the Federal court a consent decree. I have seen them. law for quotas in America. They said plans ordered an additional $3 billion in They will sue the prison system. The you can’t have racial set-asides and funding to be spent to carry out these prison system will put up a little de- quotas. Mr. Lee refused to acknowledge plans. A lot of it was for busing; a lot fense, or the mental health system, or the real meaning of Adarand. of it was for other activities. the school system will, and they will He said he would support Adarand, This was a big deal. His predecessor go in and say: Judge, I guess you are but when questioned in detail, he de- opposed that court activity. His suc- right. Order the State of Alabama to fined it in such a way that it was clear cessor opposed it. His second successor give more money to run the prison. that the chief of the Civil Rights Divi- opposed it. His second successor as at- Order the State of Alabama to give sion would not support the principle torney general was Jay Nixon, with more money to the mental health sys- that Adarand stated. That is why the whom I served when I was Attorney tem because these are the people who chairman of the Judiciary Committee General of Alabama. Jay Nixon op- would like to have more money be- opposed it. He made something like a posed this. He is a Democrat and was cause it is their system they are run- 15-page speech on this floor and delin- supported by two Members of this body ning, and they don’t have an objective eated in high style and with great legal in his effort to run for the U.S. Senate position. The attorney general is the expertise why this was important and while he was resisting this litigation in one who has to represent the entire why he reluctantly opposed this nomi- the State. Why would we want to op- State and to question what is hap- nation. He did not attack—nor did any pose that? pening. of one of us at any time attack—the Let me tell you why an attorney gen- The wording the complainers have character of Bill Lann Lee. We simply eral has a particular duty to resist. He used is that he opposed voluntary court said that we believed he did not under- has a particular duty because this desegregation or voluntary desegrega- stand the meaning of that case and unelected lifetime-appointed Federal tion in Missouri. would not follow the law of the United Let me tell my colleagues how that judge who is saying he is going to abol- States and, as such, that he should not ish the school district and consolidate happens. I was Attorney General of be confirmed. them into one, who is taking an action Alabama. I have been through this. It That is what happened. To suggest that violates the Constitution of the is a common thing in America, as we that John Ashcroft went out of his way State of Missouri—violates the statu- try to deal with the vestiges of seg- to block this nominee is just one more tory laws of the State of Missouri, vio- statement that is inaccurate and un- regation. Some of it was legal. Some of lates the duly elected school boards fair to the good and decent man whom it has been by just the nature of the and districts, and the school boards’ I believe will soon be Attorney General residences that segregation occurred, authority given to them by the people and whom I am confident will be one of and various efforts have been made to of the State of Missouri and people in the greatest Attorneys General in the deal with this. that district. And he is going to rip all history of this nation. People are going It has been said: How did he oppose of that apart and impose his will on to appreciate him. He will restore dig- voluntary desegregation? how education ought to be conducted This is what happened. Plaintiffs nity. He will restore integrity. He will in the targeted community in that sued St. Louis and Kansas City. They bring personal probity and decency to state. sued the suburbs, and they got to court that office and will, I believe, be great- Do you see how important this is for ly respected when he concludes. and claimed the school system is seg- a principal attorney general. He should I yield the floor. regated by design, in effect. They ob- resist and defend unless it is absolutely The PRESIDING OFFICER. The Sen- ject to it. They want it to end. The clear that there is no other way that a ator from Virginia is recognized school systems resist, and the litiga- constitutional deprivation can be Mr. ALLEN. I thank the Chair. I tion goes on. And the judge in this case ended. He should resist the compromise commend the articulate, knowledge- essentially suggested or indicated that of the Constitution and laws of his able, and eloquent Senator from Ala- he just might render an order that State, as did his predecessor and as did bama for his remarks on a variety of would eliminate all the suburban cities his two successors. To say those acts of issues. and merge them—at least their school principal resistance to a Federal evis- Mr. SESSIONS. Mr. President, will systems—merge them with the St. ceration of the local educational the Senator yield? Louis school system. We would just scheme demonstrates lack of concern Mr. ALLEN. I yield. have one big school system. That is for children or somebody who wants to Mr. SESSIONS. Mr. President, I have just what he might do, he said. maintain segregation is just plain received a statement from the editor of So threatened with their very edu- wrong. We ought not to twist those the Southern Partisan magazine that cational system at stake, they volun- kinds of things today into that sort of has been attacked here to some degree. tarily, under those kinds of threats, mentality. I don’t like that. I have never read the magazine. But it agreed to a plan to spend a massive There is one more thing I will men- is a refutation of many of the state- amount of money to bus students tion—the Bill Lann Lee nomination, ments made about the magazine. It around in an effort to achieve racial although I could do this on almost certainly is proof that the magazine is balance, which the judge was pushing every allegation that is before us. in a much better light than it has been to make happen. Bill Lann Lee was opposed not just reported to be here on the floor. They said: By the way, state of Mis- by John Ashcroft. He failed to come I note that Senator Ashcroft, when souri, you pay for it. We run our school out of the Judiciary Committee on a he was interviewed by it, simply did a system here, the city of St. Louis runs tie vote, 9–9. I am not aware that John telephone interview with the magazine. theirs, but we want you to pay the cost even spoke about it. Perhaps he did, There was no evidence he ever read it, of this. but I do not know what he said. I do re- or saw it, or knew much about it. The Attorney General of the State of member that I spoke against the Lee I think it would be healthy for the Missouri was the one person who had a nomination. I remember Chairman statement of Chris Sullivan, editor of responsibility and a duty, the lawyer HATCH of the Judiciary Committee the Southern Partisan, to be made part for all the people of Missouri, to ques- made an eloquent argument against of the RECORD in which he flatly denies tion whether or not citizens all over Mr. Lee. that he favored, or the magazine fa- the State ought to pay for this kind of I would like to mention a couple of vored, segregation or other kinds of ra- massive plan. things about that. Oh, Mr. Lee, is so cially—discriminatory activities.

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.146 pfrm02 PsN: S31PT1 S906 CONGRESSIONAL RECORD — SENATE January 31, 2001 I ask unanimous consent that it be got started by the New Republic. The quote on the reverse side of the t-shirt. While the printed in the RECORD. offered to ‘‘prove’’ we defend slavery was slogan was noted in the fine print, that face There being no objection, the mate- taken from a book review of a scholarly escaped our attention. Nevertheless, it was rial was ordered to be printed in the work on slavery called Time on the Cross. advertised in the catalog one time seven (Robert Fogel and Stanley Engerman) One of years ago. The catalog was cancelled soon RECORD, as follows: the findings of that book (based on planta- thereafter. Yes, the Lincoln message was in SOUTHERN PARTISAN, tion economic records) was that slave fami- poor taste. It was a mistake. We regret that January 11, 2001. lies were not frequently broken up, contrary it was sold through a catalog our name was FROM: Chris Sullivan, Editor to what was then a general view. Breaking briefly associated with. But any effort to RE: Refutation of false reports now being up slave families was bad for morale and hold Senator Ashcroft accountable for that circulated about Southern Partisan mag- therefore bad for business. In preparing this is absurd. azine in an effort to damage John memo, I consulted Dr. Walter Edgar’s recent 7. The allegation that our magazine is Ashcroft book on the history of South Carolina, which anti-Semitic. A number of false reports are circulating has been widely praised. Dr. Edgar is not a Of all the charges made, this is the single in the national press, alleging that Southern Republican or a conservative. The 1998 edi- most baseless. I do not believe Southern Par- Partisan is a ‘‘racist,’’ ‘‘segregationist,’’ ‘‘se- tion of his book has this to say on page 317: tisan has ever published a single negative cessionist,’’ or ‘‘white-supremacist’’ maga- ‘‘Owners realized that it was to their advan- comment about Jews. On the contrary, we zine. This is part of an orchestrated effort to tage to encourage stable slave family life have published numerous very favorable arti- embarrass Senator John Ashcroft for having . . . Slaves who had families were less likely cles on Jewish Confederates and Judah P. once been interviewed by our magazine. to run away. . .’’ Obviously, in no way is Benjamin, pointing out that the Confederate Most of the distortions can be traced to an such a point intended to justify or defend government had a Jewish member of its cabi- article by Benjamin Soskis in the New Re- slavery, which was a terrible national trag- net 50 years before the federal government. The charge of anti-Semitism against the public which contained a series of factual er- edy. The point the reviewer hoped to make magazine is completely unfounded. rors and distortions extracted from any was that slavery was bad enough without 8. The allegation that we are hostile to sense of fair or accurate context, some of being exaggerated. which were clearly malicious. People for the Martin Luther King Day. 5. The allegation that our magazine en- Two decades ago, there was widespread op- American Way subsequently loaded all of gages in ethnic slurs. The quote most often those gross distortions onto their web-page. position to MLK Day among conservatives offered to prove this allegation was taken all over the country. Around that time (18 After that, reporters and editorial writers from a column Reid Buckley, William F.’s for mainstream outlets covering the presi- years ago in fact) we published a column sug- brother, wrote for us 17 years ago. Here is gesting that other African-Americans in his- dential primary reported the errors as if what the New Republic reported that Mr. they were factual. tory might be more worthy of elevation to Buckley had written: holiday status. Examples of George Wash- For those who may be interested in the ‘‘In 1987 the magazine offered a vision of ington Carver, Booker T. Washington and facts, I have assembled the following item- South African history straight from the by-item refutation of these false reports: General Chappie James were given. Of apartheid-era textbooks: ‘God led [Afrika- course, the debate is long over. MLK Day is 1. Senator JOE BIDEN said on Meet the ners] into the Transvaal, it was with God Press that Southern Partisan is ‘‘a white-su- now accepted as a part of the nation’s life. that they made their prayerful covenant Nothing negative has been written on our premacist magazine, or so I’ve been told.’’ when they were besieged by bloodthirsty sav- Others have labeled us ‘‘neosegregationist’’ pages about MLK Day for the past 18 years. ages on all sides.’’’ In fact, South Carolina, the State where we and ‘‘racist.’’ Here is the actual text from which the publish, recently converted MLK Day from Those charges are absolutely false. In 20 quote was dishonestly extracted: an optional to a free-standing holiday. The years of publication, our journal has never ‘‘Then what demon has provoked their son of the writer who wrote that column 18 advocated segregation, white-supremacy or hateful policies? Well, not demon, it tran- years ago is a member of the S.C. State Leg- any form of racism. Indeed one of our central spires upon reading a little South African islature. He voted for the holiday with his purposes is to defend the South against such history. God Almighty. In their view. [Em- stereotypical and reactionary attacks. Our Dad’s support. phasis in the original] God led them into the 9. The allegation that we are hostile to editors and contributors have included high- Transvaal, it was with God that they made Nelson Mandela. ly respected writers, academics and journal- their prayerful covenant when they were be- Again, the column cited to support that al- ists like Russell Kirk, Aleksandr Sol- sieged by bloodthirsty savages on all side.’’ legation was written over a decade ago. At zhenitsyn, Murray Rothbard, Walter Wil- It is obvious to even the most casual read- the time, the idea that Mandela had engaged liams, Anthony Harrigan, Kenneth Cribb, er that Mr. Buckley is actually criticizing in violence before his arrest and refused to J.O. Tate, Andrew Lytle, Cleanth Brooks and the ‘‘hateful policies’’ of apartheid, not de- renounce violence as a precondition to re- many others. fending them. The New Republic article ex- lease from jail was widely reported. The 2. The allegation that John Ashcroft’s tracted a partial quote that completely re- views on Mandela expressed a decade ago interview is somehow disreputable. A simple versed the author’s meaning. We can only as- were conventional for conservative writers listing of others who have been interviewed sume that the distortion is deliberate. Why from all regions of the country. In subse- in our ‘‘Partisan Conversation’’ section else would the New Republic writer have lift- quent years, Mandela (who is now a re- (which is where Ashcroft appeared) should ed only a portion of the passage? spected elder statesman) has changed his suffice to rebut this silly charge. Other 6. The allegation that our magazine sells mind about violence in the manner of Sadat Interviewees include NBC weatherman Wil- hateful t-shirts and bumper strips, including and Begin. lard Scott, former Surgeon General C. Ever- a shirt with Lincoln’s image and the legend 10. The allegation that our magazine called ett Koop, civil rights activist James Mere- ‘‘sic semper tyrannis’’ which are the words Lincoln ‘‘a consummate liar * * *’’. dith, poet laureate James Dickey and polit- Booth uttered before he shot Lincoln. The quote was taken from a speech given ical leaders like Senators Trent Lott, Phil There is a web site called pointsouth.com by the late Murray Rothbard, a respected Gramm, Jesse Helms and Thad Cochran as that apparently sells a variety of Southern Jewish intellectual. He was president emer- well as Ashcroft (a list of other interviewees novelty items including bumper strips. We itus of the Ludwig von Mises Institute, is attached). have no ties whatsoever with that web site. speaking at a seminar on the cost of war. 3. The allegation that our magazine For a time, pointsouth.com carried a link to The introductory phrase left out of Dr. ‘‘praises’’ David Duke. Absolutely not true. our web site. When we discovered that they Rothbard’s remarks (which completely alters Twelve years ago, when Duke was running were selling bumper strips with messages we the meaning) was this: ‘‘Of course, Abraham for office in Louisiana, he claimed he had found to be tasteless, we asked that the link Lincoln was a politician which means he was converted to Christianity, renounced his be deleted. It was. a consummate liar, manipulator * * *’’ etc. past Klan involvement and campaigned on a As to the Lincoln ‘‘Sic semper tyrannis’’ t- The quote was followed by laughter from mainstream conservative platform. At that shirt: that tasteless item has never been ad- those in attendance. In other words, it was a time, we published a column defending the vertised or sold on the pages of our maga- generic insult against politicians intended to people of Louisiana for taking Duke at his zine. Seven years ago, a part-time staff be humorous. word. As it turned out, Mr. Duke was deceiv- member of our magazine offered to compile a The ten slanders listed above are the major ing everyone. In subsequent years he was re- catalog of Southern items available—from ones we have seen in the media for the past jected by he voters of Louisiana, which was various vendors—such as art prints, books, six months. There may be others. If so, a happy ending. (I have attached the full col- ties, grits, t-shirts, etc., to raise money to please let us know so we will have an oppor- umn in question, which is now 12 years old, help defray the cost of the magazine. The tunity to defend ourselves. Our concern is to show just how the meaning was twisted by catalog was compiled and mailed to our not only with the reputation of our magazine the out-of-context quote. Item #1 shows he readers as a separate brochure, without care- but also with all the people who have written quote extracted by ‘‘researchers’’ seeking to ful review by our editors. The catalog in- for us or been interviewed by us over the damage the magazine. Item #2 makes the cluded a ‘‘tree of liberty’’ t-shirt with the years. They are innocent bystanders in this true meaning clear). image of an oak tree and a quote from Thom- scorched earth campaign to defeat Sen. 4. The allegation that our magazine de- as Jefferson. Apparently the Lincoln image Ashcroft. Their reputations are very impor- fends slavery. Again, that outrageous idea with the sic semper tyrannis logo appeared tant to them and to their families.

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.148 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S907 To our dismay, these slanders have metas- en himself a caring and capable leader force laws they do not support. The tasized like an aggressive cancer throughout during his many years of public serv- last Attorney General, Janet Reno, op- the national news media. In fact, months ice. Elected by the people of Missouri posed the death penalty. I was one of ago, we sent all of the above corrections to five times, his is a long record of many senators who strongly disagreed the People for the American Way with a po- achievement for all of the people he lite request that they correct their web site. with her on this point, but we still sup- They never did. It truly is shocking that has represented. It is incumbent on all ported her quick confirmation. there are groups so radically committed to of us to examine the totality of his During the extensive committee their political agenda that they are willing record and to not be drawn to a single hearings recently, Senator Ashcroft did to destroy reputations falsely in an effort to contorted, concocted blemish on a ster- not have much time to talk about prevent the appointment to a person they ling 30-year record. As we proceed to- issues which will occupy most of his disagree with. ward a vote on his nomination, we time as Attorney General, such as Please feel free to contact me if you have must understand what is in this man’s crime and drugs. In the Senate, he was any additional questions (803–254–3660). heart, not what is displayed on the tel- a leader in fighting crime and helping The PRESIDING OFFICER. The Sen- evision screen in a 15-second distorted keep drugs out of the hands of children. ator from Virginia. charge from heavily funded special in- He also stood up for victim’s rights. It Mr. ALLEN. Mr. President, I rise as a terests. should come as no surprise that the new Member of the Senate, having lis- Mr. President, the people of the law enforcement community strongly tened to the arguments back and forth United States expect principled civil, supports him. for several weeks on the matter of debate here and in elections. In numer- Some of the toughest criticism of John Ashcroft’s nomination as Attor- ous elections all across the U.S. last Senator Ashcroft’s record is simply not ney General of the United States. year, voters rejected the politics of di- warranted. For example, it was proper As a new Member, some of the argu- vision. Virginians, like so many other for him to oppose a judge-imposed ments made, various votes and so forth Americans, want our country to heal school desegregation plan in Kansas are of interest, and there is some hy- itself and to move beyond scare tactics City called Missouri v. Jenkins. In that perbole to it. and personal destruction. case, the judge ordered a massive tax But let me tell you that coming out We, here in the United States Senate, increase to pay for his almost unlim- of the real world and going through a have the unique ability to prove to ited school improvements, which in- campaign and listening to people in Americans that this noble goal is cluded a 2,000 square-foot planetarium, Virginia and elsewhere, I think if there achievable. Let’s move forward! I re- a 25-acre farm, a model United Nations, is one message that the American peo- spectfully urge my colleagues to join an art gallery, movie editing rooms, ple sent to our country’s leaders last together to rise to a higher plane and and swimming pools. The plan was an November, it was this: vote to confirm the honorable John elaborate social experiment in the The politics of personal destruction Ashcroft as Attorney General of the name of education, and it utterly in our country must end. Sadly, there United States. failed. Moreover, it established terrible Mr. THURMOND. Mr. President, I are some leaders of organized interest legal precedent regarding the power of rise today to express my strong support groups who have already turned a deaf federal judges. I have introduced legis- for the nomination of our distinguished ear to that message, even as we in the lation in every Congress since to pro- former colleague, John Ashcroft, to Senate are working so hard to move hibit judges from being able to impose America forward in a bi-partisan man- serve as Attorney General. The debate we have been engaged in a tax increase. Elected state officials ner. should represent their constituents and Of course, I understand that some of is not about Senator Ashcroft’s quali- fications because they are not in ques- oppose activist federal judges like this, my colleagues may disagree with the as long as they comply with the court philosophy of our new President and tion. He has a wealth of experience and a record of exemplary public service after the case ends, as John Ashcroft his choice for Attorney General. How- did. ever, when the Chief Executive picks that spans three decades. Twenty years ago, I recommended him for Attorney On another matter, I believe it is his management team, unless there is highly unfortunate that some outside an extraordinary reason that would General under President Reagan, and I would like to place that letter into the special interests have gone beyond spe- dictate otherwise, this body should not RECORD at the conclusion of my re- cific issues in their attacks and have stand in his way or obstruct. Political marks. The intervening time has only criticized ‘‘Senator Ashcroft’s identi- opportunism is not an appropriate ra- made it more clear that he should fication with . . . religious, right-wing tionale for withholding consent for a serve in this position. Before I had the extremism.’’ This Senate should not nominee. pleasure of working with him in the tolerate any effort to make a person’s When I served as Governor of Vir- Senate and on the Judiciary Com- religious beliefs an issue in whether ginia, I was fortunate to have a capable mittee, he served two terms as Mis- they should serve in a high government cabinet who assisted me in managing souri’s Attorney General and Governor. position. As the Union of Orthodox the day-to-day operation of state gov- Senator Ashcroft is one of the most Jewish Congregations of America ernment and advancing the agenda I qualified people nominated for this po- wrote to the Senate, ‘‘this view has established. While both the House and sition in all my years of public service. been the subtext for some of the criti- Senate in Virginia are required to ap- I recognize that some Senators dis- cism of Mr. Ashcroft. We are confident prove of the Governor’s selections, agree with some of the positions that that you will reject it, as you would they have always, without exception, he has taken during his almost thirty any other form of prejudice.’’ afforded the Governor the ability to years in public life. As I said during his Senator Ashcroft has not only re- name the qualified individuals he re- confirmation hearing, I hope the ques- ceived strong support from well-known cruits to lead the team. No matter how tion will not be whether we agree with Christian organizations, such as the distasteful the views of the nominee him on every issue. That is a standard Christian Coalition, he has been en- might be to some on the other side of he cannot meet for all of us. The Presi- dorsed by organizations of various reli- the aisle, except for a very very few dent is entitled to some deference from gious faiths, such as the major Ortho- legislators, Republicans and Democrats the Senate in selecting those who will dox Jewish Organization, Agudath alike have continuously respectfully carry out the President’s agenda. Israel of America. This is a testament rallied to put the best interests of Vir- In the Senate, what we can expect is to what kind of person John Ashcroft ginia ahead of political chicanery and that the Attorney General will do his is. that has effectively enabled Virginia’s job and enforce all the laws, and Sen- In fact, he should be praised for his Governors to do the job they were ator Ashcroft will. His record of enforc- deep religious convictions. It helps ex- elected to do. ing laws that he did not support while plain many of his fine traits. He is a The federal government should be no serving as Missouri Attorney General man of honesty and integrity, and a different and John Ashcroft deserves should help prove it. person of strong moral character. the support of the United States Sen- We should keep in mind that all At- I am confident that he will serve ate for Attorney General. He has prov- torneys General are called upon to en- with dedication and distinction as the

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.089 pfrm02 PsN: S31PT1 S908 CONGRESSIONAL RECORD — SENATE January 31, 2001 Nation’s top law enforcement officer. general with better qualifications than John appointed me to chair the NGA America needs a man like Senator Ashcroft to restore investor confidence and Bipartisan Taskforce on School Readi- Ashcroft to lead the Justice Depart- dispel the more extreme, valuation-depress- ness. I will always be grateful for that ing fears of political risk at a time when ment. I urge all of my colleagues to Congress is set to take up a slate of complex appointment, because I quickly real- look beyond partisan politics and sup- issues with ample potential to raise blood ized that the task force could serve as port this exceptional candidate. pressures among the investor class.—Pruden- a forum in which to ‘‘air out’’ new I ask unanimous consent that the tial Securities, ‘‘Washington Research, ideas on how best to help our kids letter I referenced earlier be printed in Washington World,’’ January 3, 2001, p. 1. learn. From that task force, we were the RECORD. In other words, according to some an- able to develop a Whole School Initia- There being no objection, the letter alysts, tech-sector investors who have tive. was ordered to be printed in the been worried about their wealth or re- I admired the leadership role John RECORD, as follows: tirement security because of recent took at NGA, and our work together U.S. SENATE, tech-stock losses can breath a little helped me to get to know John COMMITTEE ON THE JUDICIARY, easier if John Ashcroft is confirmed as Ashcroft. Washington, DC, November 17, 1980. Attorney General. With so many Amer- Of course, nothing will help you get Mr. EDWIN MEESE III, icans now relying on those invest- to know someone better than going Office of the President-Elect, ments, I think they need to understand fishing with them, and John and I have Washington, DC. that the partisan extremists fighting spent hours together fishing. I have DEAR ED: Among the more important ap- pointments that President-Elect Reagan Senator Ashcroft could be putting at spent enough time with him to get to soon will make is that of Attorney General risk many Americans’ economic and know what is in his heart, and I can of the United States. In this regard, I want retirement security to satisfy their honestly say that he is one of the most to bring to your attention The Honorable own political interests. honorable men I have ever met. He is, John Ashcroft, presently Attorney General His general approach of avoiding un- in every sense of the word, a gen- of the State of Missouri. necessary regulation of and litigation tleman. John Ashcroft was elected the 38th Attor- against business will help foster a posi- We in the Senate have been given a ney General of Missouri in 1976. He was just tive economic environment that is so remarkable obligation by our Founding reelected to another term in that office, important to all Americans. Fathers to provide the President of the demonstrating the trust that the people of Senator Ashcroft has also played a Missouri have in this very bright, very dedi- United States our ‘‘advice and con- cated young man. role in helping consumers enjoy the sent’’ on certain Presidential nominees I first met John Ashcroft in 1976. At that benefits of technology. The same news- for Cabinet offices and other positions time, I was immediately impressed with him. letter points out Ashcroft’s role as At- of governmental importance. More recently, as I traveled around the coun- torney General in Missouri authoring It is a duty that all of us in this try speaking on behalf of Governor Reagan, and filing an amicus brief joined by Chamber take seriously. I had the pleasure of seeing John again. In other state attorneys general sup- Historically, members of the United fact, he introduced me on one such visit to porting Sony Corporation’s contention Missouri to attend a Reagan-Bush rally. States Senate have given the Presi- that consumers had the right to ‘‘time- dent—Republican or Democrat—the I consider John Ashcroft to be one of our shift’’ television broadcasts by taping more promising young Republican leaders benefit of the doubt when it comes to and believe that he represents the kind of on their VCRs in the famous Betamax the confirmation of a Cabinet official. young but experienced talent that could be Supreme Court case. On the rare occasion when a nominee used well in the Reagan Administration in He has worked to support the devel- fails, it is because the nominee’s quali- the post of Attorney General. opment of the Internet, to avoid taxes fications are lacking, or because a flaw I am submitting a packet of informational that would slow the growth of e-com- in his or her character exempts them materials on John. I hope that you will re- merce; he has pushed to allow con- from successfully carrying out the du- view them carefully and that you will con- sumers and Internet users to use strong clude, as I have, that John deserves to be at ties of the office in which they would encryption to protect their privacy on- serve. the top of your list of nominees for the post line, and to keep American companies of Attorney General. However, in the case of President If I can provide other, additional materials at the forefront of encryption and soft- Bush’s Attorney General nominee, of assistance to you in this regard, please let ware development. John Ashcroft, there has been a steady All in all, Senator Ashcroft’s nomi- me know. stream of detractors who are trying to nation and confirmation should be a With kindest personal regards and best cast doubt on the character of John wishes, boon to our economy, to investors, our Ashcroft or misconstrue his record of Sincerely, businesses, and consumers. I would accomplishments. I would like to say STROM THURMOND. hope that consumers, investors, and all that those of us in this body who have Mr. BENNETT. Mr. President, I rise those who rely on a strong economy worked with John Ashcroft, know the to support Senator John Ashcroft for will make their support of Senator Attorney General, and will outline Ashcroft known to their Senators. type of man he truly is. In my personal relationship with some sound business reasons for this Mr. VOINOVICH. Mr. President, I John, and in my evaluation of his abil- position. rise today to lend my voice to those of Senator Ashcroft has proven himself my colleagues in support of the nomi- ity to serve as Attorney General, I the friend of American consumers, in- nation of Senator John Ashcroft for have seen only an individual with im- vestors, and businesses, especially in the position of Attorney General. peccable qualifications and unquestion- the high technology sector which has I have known John Ashcroft for more able character. There is no doubt in my mind that driven much of the prosperity of the than a decade. I first met him when I John Ashcroft possesses the integrity last long economic expansion. was mayor of Cleveland and he was His potential leadership in the De- Governor of Missouri, but I really got and the experience necessary to carry partment of Justice has been hailed as to know him through our service to- out the duties of Attorney General. We especially good news by high tech busi- gether in the National Governors’ As- all know his biography by now—elected nesses and investors, whose retirement sociation. for two terms to serve as the Attorney and pensions rely on the health of the John was the chairman of the Na- General for the state of Missouri and technology stocks that have recently tional Governors’ Association, and I elected for two terms to serve as Gov- taken a beating. had just joined the organization after ernor of Missouri, and then elected to Indeed, James Lucier of Prudential being elected governor. My wife, Janet, serve as United States Senator from Securities recently wrote to investors, and I were able to get to know John Missouri. and his wife Janet on a personal basis. It is this record of public service that Technology investors got their Christmas has made John Ashcroft the most present three days early on December 22 I could see almost immediately that when President-elect George W. Bush named John was a man who was dedicated to qualified individual ever to be nomi- . . . John Ashcroft as his choice to serve as making a difference, and he wanted me nated to be Attorney General. Just Attorney General . . . [W]e find it hard to to help in setting the NGA’s education look at some of our recent Attorneys imagine Bush choosing a potential attorney agenda. General—Janet Reno, a prosecutor;

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.130 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S909 Dick Thornburgh, a governor; Ed only Senate hearing on the subject to mony before the Senate Judiciary Meese, a district attorney. date. He voted to confirm 26 of 27 Afri- Committee. Senator Ashcroft gave his Of the 67 persons who have served in can American judicial appointees nom- assurance—his word—that as Attorney the office of Attorney General in the inated by President Clinton that came General he will uphold the law, includ- history of our nation, only one—John to the Senate floor. ing laws he may personally disagree Ashcroft—has served as state attorney John Ashcroft has worked with Afri- with. general of his state, and U.S. Senator— can Americans. He has appointed Afri- The fact that he has his faith is one and only a handful have held two of can Americans when he was Governor. of the reasons why John Ashcroft has these three offices. He has worked on issues of importance upheld the law and why he will uphold I might add that in each of the re- to African Americans. That’s why I the law—because he has character, be- sponsible positions he has held, he has cannot understand all this talk that cause he has principles, because he has served the people of Missouri with dis- John Ashcroft is somehow a racist. a foundation, because he has roots and tinction. Does the Senate honestly think that because he has grounding. What is interesting, though, is how the good people of Missouri would elect I think in our assessment of John, all the special interest groups have ‘‘taken a racist? Do we honestly think John we need to do is look at our colleague, the gloves off’’ in their opposition to Ashcroft could have possibly fooled the Senator JOSEPH LIEBERMAN. Part of the John. They are working overtime to people of the ‘‘Show-Me State’’ 5 sepa- reason why Senator LIEBERMAN is demonize Senator Ashcroft, trying to rate times? where he is in life is due to his pro- paint him as unfit to hold public office. John Ashcroft looks at his fellow found faith. He abides by his faith and But, we seem to have lost sight of the human beings as in the image and like- it impacts on decisions he makes in the fact that the citizens of Missouri elect- ness of God. Yes, he is a Christian, and Senate and in his life. ed John Ashcroft 5 times to statewide he believes in the Two Great Com- There are many other members of office. mandments—love of God, and love of this chamber who I believe are exactly The John Ashcroft that the interest fellow man—and he follows the Golden the same; with their faith at the base groups are characterizing is not the Rule, but those traits are not—and of who they are, whether they are Jew- John Ashcroft we all know, and in my should never be—disqualifying traits. ish, Protestant, Catholic or whatever view, he has been the victim of a vi- I have no question about what is in their religion. cious character assassination, the likes this man’s heart, and I know that he It is that faith that builds the char- of which I have not seen in years. will be impeccably impartial in car- acter and builds the individual. It is This is just wrong. rying out his responsibilities. In fact, what has made John Ashcroft. This visceral opposition is being or- And I urge all of my colleagues to John Ashcroft will be scrupulous in chestrated by groups that I have to be- read an article written by one of Sen- carrying out the responsibilities of his lieve are making tons of money in ator Ashcroft’s former staff members, office. their fundraising efforts by using John Tevi Troy, for the New Republic online. Even with John’s integrity, char- Ashcroft as a lighting rod. Mr. Troy, who is an Orthodox Jew, ex- acter and good sense, probably the For example, some have raised the plains how faith has influenced John loudest complaints about him seem to accusation that he is a racist because Ashcroft’s deep respect for other reli- be from those individuals who believe of his opposition to Ronnie White’s gions, and how faith has shaped John that John will ignore or even seek to nomination. Ashcroft to be the man he is today. John Ashcroft did speak against Ron- overturn laws he personally does not In my family—and I would imagine nie White in a convincing way. John like. Nothing could be further from the in most families as well—when we’re did have some influence over my deci- truth. getting to know someone, we subcon- sion to vote against Ronnie White, but Throughout his many years of public sciously subject them to what I call I had no idea he was an African Amer- service, John Ashcroft has been a the ‘‘kitchen test.’’ Basically, the ican. That was never even an issue in sworn defender of the laws of the peo- kitchen test is: is this person someone our discussions over the nomination of ple—all of the people—and his record I would feel comfortable enough to Ronnie White, and I want everyone to shows that he has not allowed his per- bring to my home, to sit at my dinner understand that. sonal views to interfere in the pursuit table, with my family? Anyone who knows my record knows of his duties. John Ashcroft is someone I would be that I do not tolerate racism or insen- As Missouri Attorney General, John honored to have in my home, at my sitivity to others, and I have no pa- Ashcroft strictly enforced laws that dinner table, with my family. He is a tience for individuals who espouse such differed from his own views, including good solid man. views. such items as: firearms—he deter- Based on his record, John Ashcroft is In fact, in the more than ten years I mined, under Missouri law, that pros- fit in every way to be the Attorney have known John Ashcroft, I have ecuting attorneys could not carry con- General. He is a man of integrity, and never heard a word uttered from him cealed weapons; abortion—he deter- I am completely confident that not that indicated any insensitivity to any mined, under the law, that hospital only will he be fair and impartial in minority groups. To the contrary, his records on the number of abortions per- the administration of justice, but that accomplishments reflect a real level of formed must remain confidential, and, he will insist that every employee at support for the African American com- he determined, under the law, that a the Department of Justice do the same. munity. death certificate was not legally re- He sets high standards for people. John Ashcroft signed Missouri’s first quired for fetuses under 20 weeks; and John Ashcroft’s experience is more hate crimes statute into law. He signed church and state—he determined, than enough to qualify him for the role into law the bill establishing a Martin under Missouri law, that public funds as the nation’s ‘‘top cop,’’ but the Luther King, Jr., holiday in Missouri. were not available for private and reli- added bonus to his achievements is the He appointed the first African-Amer- gious schools even though federal fact that he is a man of character, and ican woman to the Missouri Court of grants permitted it, and he determined, a man who believes that the law is the Appeals. under the law, that religious materials law, and not something with which to He led the fight to save Lincoln Uni- could not be distributed in public manipulate policy. versity, founded by African-American schools. Though some of my colleagues may Civil War veterans—something that he I believe we all have faced laws or re- not agree with his personal views, I and I have in common, given my work sponsibilities that we must carry out urge them to look beyond their per- to save Central State University, a his- that we may not necessarily agree sonal prejudices and look at John’s torically black university in Ohio. with. I did so when I was Governor be- record, his character, his integrity and John also established an award in the cause I took an oath to uphold the law. his experience and give President Bush name of renowned scientist, George So did John Ashcroft. the man he wants to serve as Attorney Washington Carver. For those who are not inclined to General of the United States. He also has been a leader in the oppo- support the nomination of John I will vote in favor of the nomination sition to racial profiling, convening the Ashcroft, I need only refer to his testi- of John Ashcroft to be United States

VerDate 31-JAN-2001 04:41 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.132 pfrm02 PsN: S31PT1 S910 CONGRESSIONAL RECORD — SENATE January 31, 2001 Attorney General, and I sincerely urge ing as Missouri’s Attorney General, formation about the Lockerbie bomb- my colleagues to give him their full Governor and Senator. During his ing; (3) Accept responsibility for the support as well. terms as Governor, John Ashcroft actions of Libyan officials; (4) Pay ap- Mr. JEFFORDS. Mr. President, I rise served as Chairman of the Republican propriate compensation to the victims’ today to discuss my thoughts on the Governors’ Association and as Chair- families; and (5) Cooperate with the nomination of Senator John Ashcroft man of the National Governors’ Asso- French investigation into the 1989 to be the United States Attorney Gen- ciation. In addition, during his tenure bombing of UTA Flight 772 over Niger. eral. in the Senate he served on the Senate Full Libyan compliance with the One of the first issues I faced as a Judiciary Committee and chaired the U.N. resolutions must be the standard new Senator in 1989 was the controver- Senate Judiciary Subcommittee on the for terminating the sanctions, which sial nomination of former Senator Constitution. are believed by many experts to be re- John Tower to be Secretary of Defense. Senator Ashcroft is also capable of sponsible for the significant decline in As this was the first time I was faced performing the duties of United States Libya’s sponsorship of terrorism over- with the Senate’s constitutional ‘‘ad- Attorney General as he is a fair and ju- seas. vise and consent’’ role, it was incum- dicious individual. Some have raised Of perhaps more immediate impor- bent upon me to learn more about this questions concerning his ability to en- tance to the United States is the ques- important role through study and force laws he has opposed in the past, tion of the separate U.S. sanctions cur- through conversations with my fellow but during a meeting I had with him he rently in place against Libya, pri- Senators. It was also important to de- assured me that as Attorney General marily as a consequence of its sponsor- vise a standard to evaluate Presi- he would work to uphold the laws of ship of state terrorism. True, Libya did dential nominations so as to treat this nation, including those with which hand over the Lockerbie defendants in nominees of both Republican and he disagrees. I believe that these quali- 1999 and expel the Abu Nidal terrorist Democratic Presidents with consist- ties prove Senator Ashcroft to be capa- organization from its territory in 1998. ency and fairness. ble of performing the duties of Attor- The Libyan government has also seem- I came to the conclusion that my ney General and will serve him well in ingly reduced its contacts with radical general policy should be to support this role. Palestinian organizations espousing vi- nominations made by a President, pro- As anyone can tell from our records, olence against Israel. In 1999, after the vided that the individual is appro- Senator Ashcroft and I have very dif- conviction in absentia of six Libyans priately qualified and capable of per- ferent opinions on many important by a French court for the UTA 772 forming the duties of the position. A issues, including abortion, civil and bombing, Libya compensated the fami- President is entitled to a Cabinet of his gay rights, and environmental protec- lies of the 171 victims. However, it has or her own choosing unless a nominee tion. I will continue in my role as a not turned over the convicted individ- is proven unethical or unqualified. I Senator from Vermont to support leg- uals for trial or acknowledged responsi- would not oppose a nominee just be- islation upholding the Roe v. Wade de- bility. cause I disagree with them on a policy cision legalizing abortion, protecting In addition to the issue of terrorism, matter. access to clinics that perform abortion the United States must consider For judicial branch nominations, services, combating employment dis- Libya’s covert and sometimes armed however, I apply a different standard. I crimination and hate crimes based on intervention in the affairs of other Af- have made this distinction between ex- sexual orientation, and protecting our rican nations, including Chad, Sudan, ecutive and judicial nominees through- environment. I will also closely follow and Sierra Leone, as well as Libya’s out my Senate career. For example, the decisions Senator Ashcroft makes continuing development of weapons of during the consideration of Clarence as Attorney General and speak out mass destruction. Libya used chemical Thomas’ nomination to the Supreme when I feel those decisions are wrong. weapons acquired from Iran against Court in 1991, I argued that: However, while we may have different Chad in 1986 and has constructed chem- By no means does a president, even one of opinions on many issues, in my mind ical weapons facilities at Rabta and my own party, have the right to pick vir- that alone is not enough to disqualify a Tarhunah. According to the Congres- tually anyone he wants who meets minimal nominee. sional Research Service, Libya tried to qualifications with respect to character, f buy nuclear weapons or components legal ability and judicial temperament. This from China in 1975, India in 1978, Paki- is not a pass-fail test. In my mind, such a THE LOCKERBIE VERDICT process is entirely proper for appointees to stan in 1980, the Soviet Union in 1981, the executive branch of government. The Mr. MCCAIN. Mr. President, today’s Argentina in 1983, Brazil in 1984, and president should be given wide latitude in se- unanimous verdict by a Scottish court Belgium in 1985. The United Kingdom lecting his Cabinet secretaries and key agen- convicting a Libyan intelligence agent accused Libya of smuggling Chinese cy personnel. But under the Constitution, of murder in the 1988 bombing of Pan Scud missiles through Gatwick Airport such deference is inappropriate in the con- Am Flight 103 over Lockerbie con- in 2000. The Pentagon believes China firmation of Supreme Court justices. cludes an exhaustive terrorism trial has provided missile technology train- I used this policy in evaluating Presi- that clearly exposed Libyan state spon- ing to Libyan workers. dential nominations throughout the sorship of the mass murder of 270 indi- While I applaud the Lockerbie ver- Bush Presidency and the subsequent viduals, including 189 Americans. A dict, I believe any consequent Amer- Clinton Presidency, and will continue second Libyan charged with the same ican policy changes toward Libya must to use this standard to evaluate the offense was acquitted. Although no ver- take into account its possession of nominations put forth by our current dict can compensate the victims’ loved chemical and potentially nuclear weap- President. In order to determine a ones for their loss, the life sentence ons, its compliance with existing U.N nominee’s qualifications and capabili- handed down to Libyan intelligence Security Council mandates on the ties, I review the statements of nomi- agent Abdel Basset Ali al-Megrahi rep- Lockerbie and UTA bombings, and any nees, follow the hearings conducted on resents a first step for the families, the residual support for state terrorism. If a nominee, and listen to the opinions prosecution, and the Western nations Libya truly wishes to enter the ranks expressed by my colleagues. I have that supported bringing the Libyans to of law-abiding nations, with the eco- done all of these in the case of this justice. nomic and diplomatic benefits such nomination and I am here today to ex- Nonetheless, the trial’s conclusion status affords, it must satisfy the press my support for the confirmation must not obscure the task ahead: hold- international community’s concerns on of John Ashcroft to be the next United ing Libya accountable for full compli- these issues. States Attorney General. ance with the U.N. Security Council f A review of Senator Ashcroft’s record resolutions governing the sanctions re- shows that he is qualified to serve in gime against that country. These reso- TRIBUTE TO WARREN RUDMAN the position of United States Attorney lutions mandate that, before sanctions Mr. SMITH of New Hampshire. Mr. General. He has a long and distin- can be lifted, Libya must (1) Cease all President, I rise today to honor former guished tenure in public service, serv- forms of terrorism; (2) Disclose all in- United States Senator Warren Rudman

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