Congressional Record United States of America PROCEEDINGS and DEBATES of the 107Th CONGRESS, FIRST SESSION

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

Vol. 147 WASHINGTON, WEDNESDAY, JANUARY 31, 2001 No. 13 Senate The Senate met at 10 a.m. and was APPOINTMENT OF ACTING MEASURE PLACED ON THE called to order by the Honorable PRESIDENT PRO TEMPORE CALENDAR—S. 220 GEORGE ALLEN, a Senator from the The PRESIDING OFFICER. The Mr. NICKLES. Mr. President, I un- State of Virginia. clerk will please read a communication derstand there is a bill at the desk due to the Senate. for a second reading. PRAYER The ACTING PRESIDENT pro tem- The Chaplain, Dr. Lloyd John The legislative clerk read the following letter: pore. The clerk will report the bill by Ogilvie, offered the following prayer: title. U.S. SENATE, God, our help in ages past and our The assistant legislative clerk read PRESIDENT PRO TEMPORE, hope for years to come, we thank You as follows: for our Constitution and the stability Washington, DC, January 31, 2001. A bill (S. 220) to amend title 11 of the and strength it has provided for our be- To the Senate: Under the provisions of rule I, paragraph 3, United States code, and for other purposes. loved Nation. Today, we gratefully re- of the Standing Rules of the Senate, I hereby Mr. NICKLES. Mr. President, I object member the life and leadership of appoint the Honorable GEORGE ALLEN, a Sen- to further reading of this bill at this Gouverneur Morris, born on this day in ator from the Commonwealth of Virginia, to time. 1752. We prayerfully recall that he was perform the duties of the Chair. The ACTING PRESIDENT pro tem- the writer of the final draft of the Con- STROM THURMOND, pore. Under the rule, the bill will be stitution, the head of the Committee President pro tempore. placed on the calendar. on Style, and the originator of the Mr. ALLEN thereupon assumed the f phrase, ‘‘We the people of the United chair as Acting President pro tempore. States.’’ DEBATE ON THE ASHCROFT Thank You for the impact of Mr. f NOMINATION Morris, who at the age of thirty-five RECOGNITION OF THE ACTING Mr. NICKLES. Mr. President, I also became a member of the Continental MAJORITY LEADER wish to bring to the attention of my Congress and spoke 173 times during colleagues the fact we had significant the Constitutional debates, more than The ACTING PRESIDENT pro tem- debate on this last night. Senator SES- any other delegate. We honor his mem- pore. The Chair recognizes the assist- SIONS did an outstanding job in making ory, not just for the quantity of his ant majority leader, the Senator from his presentation. I encourage col- words but for their quality. In par- Oklahoma, Mr. NICKLES. leagues to review his statements and ticular, we are moved by his conviction f encourage all colleagues who wish to about You. ‘‘There is one Comforter,’’ speak on this nomination to come to he said ‘‘who weighs our Minutes and SCHEDULE the floor early and make their state- Numbers out our Days.’’ About the im- ments so we can confirm John Mr. NICKLES. Mr. President, today portance of a strong faith in You he Ashcroft, or have a vote on his con- the Senate will be in a period of morn- said, ‘‘Religion is the only solid basis firmation by tomorrow. ing business until 10:30, with Senators of good morals; therefore education Mr. REID. Mr. President, if I could BROWNBACK and DURBIN in control of should teach the precepts of religion, ask my colleague to yield for a brief the time. Following morning business, and the duties of man toward God.’’ interruption. the Senate will proceed to executive May we never forget that ‘‘morality is Mr. NICKLES. I yield. session to consider the nomination of truth in full bloom.’’ Father, keep Mr. REID. Thank you, Mr. President. John Ashcroft to be the Attorney Gen- America rooted in Your moral abso- I thank my friend from Oklahoma. I eral of the United States. Debate on lutes. You are our Judge and Re- know how important his statement is. the nomination will be the business of deemer. Amen. I know how much of a tragedy the the day, and the Senate will remain in State of Oklahoma and everyone in the f session into the evening to allow all country suffered. PLEDGE OF ALLEGIANCE Members adequate time to discuss this But I did want to say before we left The Honorable SAM BROWNBACK, a nomination. It is hoped a vote on the the floor that we agree with the Sen- Senator from the State of Kansas, led confirmation of John Ashcroft will ator that the debate should go forward the pledge of Allegiance, as follows: occur early in Thursday’s session. Sen- in full flow, and I say to the Demo- I pledge allegiance to the Flag of the ators will be notified as that vote is cratic Senators within the sound of my United States of America, and to the Repub- scheduled. voice, this could be a very late night. lic for which it stands, one nation under God, I thank my colleagues for their at- We have a lot of people on the Demo- indivisible, with liberty and justice for all. tention. cratic side who want to speak on this

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

S835

VerDate 31-JAN-2001 03:06 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.000 pfrm02 PsN: S31PT1 S836 CONGRESSIONAL RECORD — SENATE January 31, 2001 nomination. They are going to have Eight other individuals that were on Mr. BROWNBACK. Mr. President, I that opportunity. the plane were a part of the team in believe under a previous agreement I We did not do as much talking as various capacities and it is a real trag- have 15 minutes allocated to me; is probably should have taken place last edy, a tragedy to our State and to our that correct? night. We completed our work at 7 university. The ACTING PRESIDENT pro tem- o’clock. We expected to go to 9. I think Today there is a memorial service pore. The Senator was to have until tonight we will go at least until 9 or 10 taking place at Oklahoma State Uni- 10:15. It is now 10:12. o’clock. versity to memorialize these 10 excep- Mr. BROWNBACK. Mr. President, I I say to Democratic Senators, they tional individuals. ask unanimous consent that I be al- should be prepared because there may One of the individuals was Nate lowed to speak for up to 15 minutes as not be a tomorrow. I know there are ef- Fleming. His sister served as an intern in morning business. forts around here to move this forward. in my office. He was a nephew of one of The ACTING PRESIDENT pro tem- We have completed 14 of the 15 nomina- my best friends and an outstanding pore. Is there objection? Mr. DURBIN. Reserving the right to tions that had been sent to us by the athlete. Nate was a National Honor So- object, and I will not object, but I want President, which is a record-setting ciety member and valedictorian of his to reserve 15 minutes in morning busi- pace. We want to move forward on the class. He was only 20 years old. ness after Senator BROWNBACK. Ashcroft nomination as quickly as we Another team member, Daniel Lawson, 21, was a junior and played The ACTING PRESIDENT pro tem- can. We hope it does not have to go pore. Without objection, it is so or- into next week. We will need coopera- guard. He was originally from Detroit, Michigan. Another was Pat Noyes, 27. dered. tion from the Republican side. We are The Senator from Kansas is recog- Pat was director of basketball oper- going to do the best we can to have nized for 15 minutes. somebody in place just as quickly as ations at Oklahoma State University. Mr. BROWNBACK. I thank the Chair. Brian Luinstra, 29, the athletic train- we can. f I, again, apologize for interrupting er, leaves a wife and two children. my friend, but I appreciate his allowing Will Hancock, 31, was in his fifth MOMENT OF SILENCE me to do so. year as coordinator of media relations. Mr. BROWNBACK. Mr. President, I Mr. NICKLES. I appreciate my col- His wife, Karen, is the coach of the note with sadness what took place at league’s comments. I echo that. I en- OSU women’s soccer team and they Oklahoma State. That was a terrible courage all Senators who wish to speak had their first child just this last No- tragedy. I was reading about it in our on the Ashcroft nomination to come to vember. papers in Kansas. That happened to the floor earlier today, rather than Jared Weiberg, 22, was a student Wichita State University about 30 later today. It was a little regrettable manager and nephew of the Big 12 com- years ago. It still has not really healed. because I think both leaders had stated missioner, Kevin Weiberg. Jared was a Somehow when you take that young publicly we intended to be in session part of the team and will most cer- life and that vibrant seed with the late last night for this nomination. But tainly be missed by all. team, it really grabs a hole out of you Bill Teegins, 48, was the play-by-play we could not get additional speakers so that takes a long time to fill. voice of the Oklahoma State Univer- we adjourned earlier than planned. I My thoughts immediately turned to sity Cowboys for many seasons and was thank my friend and colleague from Wichita State when that happened to sports director for Channel 9 in Okla- Nevada. Oklahoma State. My thoughts and homa City. He was honored several I might also add when he said we prayers are with the Senator and with times as sportscaster of the year. He moved forward expeditiously, I am Oklahoma. was known by everyone across the pleased we have confirmed all but one Mr. President, I wonder if it would be state and needless to say, he did an nominee. But I might remind my col- appropriate to have a moment of silent outstanding job. prayer for Oklahoma, for the tragedy leagues, 8 years ago every Clinton Kendall Durfey, 38, was a producer nominee was confirmed by January 22, they have experienced. and engineer for the OSU radio net- The ACTING PRESIDENT pro tem- unanimously, by voice—every single work. Denver Mills, the pilot, from one. The only one that was not was the pore. There will be a moment of silence Oklahoma City, was well liked and was in the Chamber in memory of those Attorney General, and the reason for a great aviator. that was that the Clinton administra- who died. Bjorn Falistrom was the copilot, (Moment of silence.) tion had withdrawn a couple of nomi- originally from Sweden. The ACTING PRESIDENT pro tem- nees. The eventual nominee for Attor- This is a real loss for their families, pore. The Senator from Kansas is rec- ney General, Janet Reno, was con- for Oklahoma State University, for ognized. firmed 98–0 after very short debate. Oklahoma and the nation. The con- f I just make those points to clarify tributions these individuals made to the record. Eight years ago Congress the State and to the University will al- AMERICA NEEDS A TAX CUT moved very expeditiously to confirm ways be remembered. We extend our Mr. BROWNBACK. Mr. President, I all nominees. All were confirmed by condolences to Coach Sutton and to rise today to speak on a different issue, January 21—by voice vote, I might add. President James Hallogan and the ex- one of great importance and one I The only recorded vote was Janet Reno tended family of Oklahoma State Uni- think we are going to see take place, and that was 98–0. versity. It is with deep sadness that we and that is overdue tax relief for the f extend our prayers to their families, American people. The Congressional Budget Office has THE OKLAHOMA STATE and to their friends in mourning such a just announced the 10-year budget sur- UNIVERSITY PLANE CRASH great loss. Certainly, they will be missed. plus projection has increased to $5.6 Mr. NICKLES. Mr. President, tragedy Mr. President, I yield the floor. trillion. When I came to the House of struck my State, as members of the The ACTING PRESIDENT pro tem- Representatives in 1994, it would have Oklahoma State basketball team and pore. The Chair thanks the Senator been hard to fathom numbers of this news organizations were killed in a from Oklahoma for his eloquent state- nature, but through fiscal restraint, a tragic plane crash just outside of Den- ment. plan put in place to limit the amount ver. f of spending over a period of years, and Of course any plane crash is not an- a healthy, growing economy, we are ticipated, but this was especially pain- RESERVATION OF LEADER TIME now to the point where we are pro- ful and tragic because it snuffed out The ACTING PRESIDENT pro tem- jecting and experiencing budget sur- the lives of 10 outstanding individuals, pore. Under the previous order, leader- pluses. It is wonderful that we have who were well known on campus and ship time is reserved. this opportunity. throughout the state. Two team mem- The ACTING PRESIDENT pro tem- I also point out to the American pub- bers were killed. They were out- pore. The Senator from Kansas, Mr. lic, in case you are worried the Repub- standing athletes. BROWNBACK. licans in Congress are taking their eyes

VerDate 31-JAN-2001 02:47 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.003 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S837 off the ball of fiscal discipline and pay- correct. However, now it is clear the rates used to fund our bloated Federal ing down the debt, we are paying down Fed is changing its direction. In fact, Government is one reason we are col- the debt, and we will continue to pay according to many economists, the lecting so much revenue from the down the debt. markets are already assuming a half American people; the growth in the Over the past 3 years, we paid down basis point reduction to be announced stock market and an increase in entre- over $360 billion of public debt—$360 at the conclusion of the meeting that preneurial activity is the other. billion over 3 years. We will continue began yesterday. The American people should not be at that pace, if not greater, of reducing The Federal Reserve is doing its job taxed on success, but that is exactly the Federal debt. We are going to con- to strengthen this economy and pre- what we are doing when we impose tinue to do that. But it also is possible, vent it from going into a recession. It high rates of taxation, particularly on and I suggest necessary, for us to do is now time for Congress to do its job, capital gains. We punish people for in- the needed tax cuts and tax relief the which is to cut taxes. In fact, I think as novation, thrift, and hard work, and we American public deserves. America’s a body we need to worry less about the penalize them for being successful. We taxpayers are overpaying the bill for job Mr. Greenspan is doing down the need another reduction in capital gains their Government. More specifically, it street and more about the job we need tax rates to follow on the 1997 reduc- is a tax on their success. It is, in fact, to do on Capitol Hill. tions. a tax on the robust economic growth Both monetary and fiscal policy I want to go to a particular point at we have experienced and which now needs to be used to keep this economy this time, and that is the marriage seems to be slowing. from going into recession but lift it up. penalty tax that has been in place now Of the $5.6 trillion, we have already Our part in doing this, as virtually all for a number of years. Twice in Con- committed to save $2.7 trillion for So- economists will note, is to cut taxes to gress we have passed a bill to repeal it. cial Security, and we should do that. help stimulate the economy. We need Now is the time for us to repeal it and That still leaves almost $3 trillion. to pursue a fiscal policy that reflects get it signed into law by a President This is separate and distinct from the the needs of Americans and of our who agrees that we should repeal the Social Security trust fund. We have economy. marriage penalty tax. put that in a lockbox. The Republican Based on the surplus projections of Congress said we are building a the Congressional Budget Office, we We have been taxing people for being lockbox; we are going to put the Social have the resources available to not married. It is a ridiculous policy. We Security surplus in it. That is the $2.7 only realize our commitment to sound have discussed it a number of times on trillion of Social Security income, fiscal policy, protecting Social Secu- the floor. An average American couple, leaving $3 trillion over the next 10 rity, and paying down the debt, but to in a two-wage-earner family, pays years for tax cuts and debt reduction. significantly—and I want to add the about $1,500 extra in taxes just for the We can do both. We must do both. point, significantly—reduce the tax privilege of being married. It is ridicu- With the announcement by the Con- burden faced by Americans. lous. gressional Budget Office last week, We must cut taxes now for America’s Recently, my colleague, Senator KAY along with Federal Reserve Chairman working families. In fact, we need to BAILEY HUTCHISON, and I introduced a Greenspan’s comments, there is no pursue broader and deeper tax cuts bill to eliminate the marriage penalty. longer any credible excuse not to cut than those proposed last week by my It is now clearly within our grasp to taxes for the American people. There is colleagues from Texas and Georgia. It rid the Tax Code of this onerous, ridic- more than enough money to cut taxes, is a bipartisan tax cut bill that was put ulous penalty. I believe we must elimi- protect Social Security, and continue in last week by Senators GRAMM and nate this penalty immediately. on our path of debt reduction—the $360 MILLER. Unfortunately, some of the proposals billion paydown we have done over the We must cut taxes for two primary being considered to reduce taxes fail to past 3 years. Americans demand fiscal reasons. First, tax cuts are in effect an adequately address the marriage pen- responsibility, and they deserve a tax insurance policy for further economic alty. We need real marriage penalty re- cut. growth because of the stimulating ef- duction, not more gimmicks in our Tax I am hopeful we will be able to pass fect they would have on the economy. Code. We need to double the standard meaningful tax relief this session, Second, tax cuts are good policy not deduction immediately. In fact, I pre- sooner rather than later. I think that only because they return hard-earned fer to make it retroactive to January 1 is important for the economy, I think dollars back to the American people— of this year. We also need to double the it is important for the American peo- the people who earned the dollars in income subject to the marginal rate ple, and it is necessary. We have the first place—but also because they brackets for married couples to twice worked in a bipartisan fashion to bal- help limit the growth of Government. the amount it is for individuals. This ance the budget, to pay down the debt, If we do not send the surplus back to accomplishes real marriage penalty re- and protect Social Security. Now we the American people in the form of tax lief. must work in the same fashion to give cuts, Washington’s big spenders will As we move to consideration of a rec- the American people a tax cut they de- use the money to grow the size of Gov- onciliation bill later this year, I will be serve. ernment. It is almost an iron rule of pushing for broad-based marriage pen- As virtually everyone in the free Government; if there is a dollar left on alty relief. I am hopeful this Congress, world knows, our economy is slowing. the table around here, it is going to get with an enormous on-budget surplus, Some are even concerned we are tee- spent. It needs to go back to the Amer- will be able to accomplish real tax cuts tering on the brink of a recession. Re- ican people because they have over- for American families. cent reports indicate consumer con- paid. And it will help stimulate our fidence has now dipped to its lowest economy, which is one of the keys of The proposal by my colleagues is a level since December of 1996, which how we have been able to balance the good way to start the debate on tax could have the effect of fueling further budget and pay down the debt and have cuts, but I am hopeful we can do more fears of a slow downturn into a reces- a strong economy. If that economy than the $1.6 trillion tax cut. We have sion. weakens, we are not going to have the $3 trillion that is available, and $2.7 The last month and a half has shown tax receipts to be able to pay down the trillion of the Social Security surplus the accuracy of President Bush’s re- debt or do the things that people would is set aside. We have $3 trillion to pay marks about the state of the economy like to do as well. If the markets are down debt and to be able to cut taxes. as he was in the midst of handling his any indication, we need to use our fis- I think we can do better than the $1.6 transition. We now await further ac- cal policy now to grow the economy, trillion. I think it will be necessary for tion by Chairman Alan Greenspan. It is not to grow the Government. us to do that to help to stimulate this worthy of note that several of my col- Today, we are collecting more from economy. leagues on the other side of the aisle hard-working Americans than we have Finally, I believe tax cuts work in have urged the Chairman not to in- at any point since the conclusion of part because they do stimulate eco- crease interest rates. I think that was World War II. Artificially high tax nomic growth and also because they

VerDate 31-JAN-2001 01:39 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.007 pfrm02 PsN: S31PT1 S838 CONGRESSIONAL RECORD — SENATE January 31, 2001 help insure against an economic down- into the surplus era. And what a but most of these projections about a turn. We need that insurance policy be- change it has brought about with all of surplus assume certain growth in the fore the economic situation deterio- the Americans who are currently work- economy. They say if we continue to rates even more. ing, though there clearly is some down- grow, we will continue to generate sur- I would add that there is a positive turn in the economy now. Those work- plus. If they are wrong, if the economy psychological effect that takes place; ing Americans, and their families, and takes a downturn, there will be less when the Federal Reserve reduces the their businesses have brought success money available, less money for what- rate it charges by half basis points, not only to them personally but also to ever purposes we might consider on the there is a psychological point that, OK, our Nation’s economy. It certainly is floor of the Senate or in the Federal the Fed is stepping in and taking ac- reflected in the fact that we now are Government. tion to make sure this economy does talking about surpluses. Let’s take a look at President Bush’s not go in recession. Therefore, more The obvious question the American proposed tax cut. His proposal is $1.6 people say: Good, that is a positive people ask of us in the Senate is: If we trillion, which reflects a 10-year tax sign. I am going to watch, and I am have more money than we need in cut plan. There is also an element in going to be maybe a little more posi- Washington, why do you keep it? Why the tax law known as the alternative tive. don’t you do something good with it? minimum tax. All of us are concerned If the Congress would do that simi- And one of the good things you can do that the alternative minimum tax has larly with tax cuts, the American peo- with it is to reduce the tax burden on been written in a way that is starting ple, as well, would say: OK, they are families. to penalize a lot of families and busi- concerned about this economy, but Senator BROWNBACK suggested that. I nesses we never intended to penalize in they are taking action. I can see there agree with him. It is President Bush’s any way. So reform of the alternative is light at the end of the tunnel. plan. It is a democratic plan. If I had to minimum tax appears to be agreed by We should do that for its economic put my money on one thing that is almost everyone as something we and stimulative effect on people’s posi- likely to happen this year, there would should do. That would cost us another tive thinking of what can take place be some form of a tax cut; and there $200 billion over a 10-year period of for this economy. should be. I think we are at a point in time. I am hopeful that Congress will pass history where it is not only the right In addition, if we take money and, in- meaningful tax cuts earlier in this year thing to do, because there is a surplus, stead of buying down the debt of the rather than later. Americans deserve it is the right thing to do for the econ- country, put it into something such as some tax relief. They have waited long omy. a tax cut, it increases the interest enough. Chairman Greenspan at the Federal costs that have to be paid on that debt Mr. President, thank you very much Reserve appeared before the Senate by $400 billion over the same period of for your time. I yield the floor and Budget Committee just a few days ago time. The true net cost of the Bush tax yield back any time allotted to me. and basically said he thinks we are at plan, considering these two scenarios, The ACTING PRESIDENT pro tem- a point where there is no growth in our is $2.2 trillion. pore. By the previous order, the Sen- economy. If you have that situation, Recall earlier I said that our actual ator from Illinois, Mr. DURBIN, is rec- basic economics tells you that you try surplus by these estimates will be $2.6 ognized for 15 minutes. to put some stimulus in the economy trillion. To put it into some perspec- Mr. DURBIN. Thank you, Mr. Presi- to get it moving again. And that would tive, look at the tax cuts assuming a dent. be a lowering of interest rates, which $2.6 trillion surplus. If we put $2.2 tril- helps everyone who has an adjustable f lion into tax cuts, as President Bush mortgage rate or is paying off a car TAX CUTS AND THE BUDGET has recommended, literally 85 percent loan or some credit card loan that is SURPLUS of the surplus will be going exclusively reflective of those interest rates, or to tax cuts. The remaining $400 billion, Mr. DURBIN. Mr. President, it is op- you find a fiscal approach; that is, a 15 percent, would be there and could be portune I am here following my friend tax cut that also generates more used. However, look at all of the things and colleague from Kansas, Senator strength, more activity in the econ- we frankly have to consider out of this BROWNBACK, to talk about the same omy. issue because I think we both agree on But I think where there may be a dif- $400 billion over 10 years: As to debt reduction—I will get back to that in a several things, but we may have a lit- ference between Senator BROWNBACK tle difference of opinion on several oth- and myself is on the question of how moment—we have a $5.7 trillion na- ers. much we have to spend on the tax cut. tional debt. I will talk about what it Senator BROWNBACK and I came to What can we afford to put into a tax costs us to maintain that debt. The the House of Representatives at about cut? I am going to use the maximum prescription drug benefit under Medi- the same time. We lived through the amount that is reasonable, but let’s care is going to cost us some money; era of red ink—the terrible deficits and look at some of the figures that are some suggest $300 billion over 10 years. mounting national debt. Many times it being used. We are taking this slice of $400 billion appeared we would never get out from This chart shows the projected budg- and all the things in which we want to under that burden. et surplus for the next 10 years: $5.7 invest. I can recall when I first came to the trillion in a unified surplus. But when The President has called for more Senate, Senator ORRIN HATCH was at we take out the Social Security trust money for education. I like that idea. I this desk right over here and had fund—which, incidentally, both parties think it is a good thing to do. Again, it stacked up next to the desk all of the were very clear in saying: We are not is coming out of this slice, this 15-per- budget books for the previous 20 or 30 going to raid Social Security to spend cent slice. years, which all showed a deficit. He or for anybody’s tax cut—that takes He has also asked for more money for said: It is time to amend the Constitu- away $2.7 trillion, so we have a net of defense; we anticipate a need for agri- tion for a balanced budget amendment. $3 trillion in our surplus. Then we take culture as we have in the past; Medi- It is the only way to get Congress to away the Medicare trust fund, which I care reform, Social Security reform, stop its profligate ways and to finally am sure all of us agree we would not and some have even suggested the cre- bring balance to our books. want to raid for spending on other pro- ation of a rainy day fund to protect our I resisted that amendment. I thought grams, to protect it, and we are now economy and our budget in bad times. it was overkill and unnecessary. It down to a net projected budget surplus The reason I like to reflect for a mo- failed by one vote, and thank goodness for the next 10 years of $2.6 trillion. ment on the national debt is that we it did because the ink had hardly dried Projecting a budget surplus means have to consider this as the mortgage in the CONGRESSIONAL RECORD than we assuming certain things will happen. that we are leaving our kids. The best started turning the corner. The econ- There are as many economists in Wash- thing we can do for our children and omy started getting stronger, and we ington as there are opinions about grandchildren is to make that debt, started leaving the deficit era, going what might happen to our economy, that mortgage, as little as possible so

VerDate 31-JAN-2001 01:39 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.009 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S839 they are not burdened with the respon- as an outcome of this debate we end up he proved himself a leader in many sibility and debt of the obligations of jeopardizing Social Security or Medi- areas, including the fight against drugs our generation. care, then we have not met our moral and violence, the assessment of the What does a national debt of $5.7 tril- and social obligation to the millions of proper role of the Justice Department, lion cost us? Literally, we collect $1 Americans who have paid into these and the protection of victims’ rights. billion a day in Federal taxes from in- systems and depend on them to sur- But, having heard the relentless dividuals, families, and businesses to vive. drumbeat of accusation after accusa- pay interest on old debt. That is $1 bil- I believe the good news about the tion in recent weeks, I can fairly say, lion a day that isn’t being spent to put surplus should be realistic news. We in my view, that there has been an a computer in a classroom or to make should understand that surpluses are unyielding effort to redefine this man America’s national defense any strong- not guaranteed. We ought to make cer- of unlimited integrity. Some have er. It is $1 billion a day which instead tain that any tax cut we are talking termed the statements made by John is being spent for interest on old debt. about is not at the expense of Social Ashcroft, during the nearly four days Many of us believe if we truly are at Security and Medicare. We should of hearings in the committee, a ‘‘con- a time of surplus, this is the moment focus the tax cuts on working families firmation conversion’’—‘‘a metamor- we should seize to pay down that na- to make sure they are the beneficiaries phosis.’’ tional debt, bring it down as low as we so that they have the funds they need On the contrary. The true metamor- can conceivably bring it so that future to make their lives easier. That should phosis of John Ashcroft is in the mis- generations and our kids and grandkids be the bottom line in this debate. leading picture painted of him by nar- won’t be burdened with this debt and As I said at the outset, Democrats row left-wing interest groups. In fact, I responsibility. and Republicans alike believe these tax welcomed them to the committee, and As you pay down the national debt, cuts are going to happen. I believe it is said: We haven’t seen you for 8 years. I the competition for money in the mar- a good thing to do. Let us pay down think there is a lot to be garnered out ketplace is reduced. The Federal Gov- this national debt. Let us provide a tax of that statement. ernment is not out there borrowing and cut for the families who need it. Let’s As my colleagues are well aware, servicing debt. Therefore, interest make sure we protect Social Security John Ashcroft has an impressive 30- rates tend to come down. Now not only and Medicare in the process. year record of loyal public service as a will we be taking the burden off of fam- I yield back my time. state attorney general, a two term ilies who pay $1 billion a day for inter- f Governor, and then—of course—as Sen- est on the old debt, we will also be re- ator, for the State of Missouri. I should ducing the interest rates they pay on CONCLUSION OF MORNING also mention that as Missouri’s attor- their homes and their cars and their BUSINESS ney general, he was so well respected credit cards. Families win both ways. The ACTING PRESIDENT pro tem- that he was elected by his peers across Ultimately, this is as good, if not pore. Morning business is closed. the nation to head the National Asso- better, in many respects, as a tax cut. f ciation of Attorneys General, and It reduces the cost of living for real again as Governor, he was elected by families facing real difficulties. EXECUTIVE SESSION this nation’s governors to serve as the Let me speak for a moment about the head of the National Governors’ Asso- tax cut itself. There are a variety of NOMINATION OF JOHN ASHCROFT ciation. ways we can approach this tax cut. That really defines John Ashcroft TO BE ATTORNEY GENERAL Some have suggested cutting marginal rather than some of the accusations rates. That is a shorthand approach to The ACTING PRESIDENT pro tem- that have been thrown against him in a tax cut which would, in fact, benefit pore. Under the previous order, the the Senate. some of the wealthiest people in this Senate will now go into executive ses- I have said this before and I will say country more than working families sion and proceed to the Ashcroft nomi- it again, of the sixty-seven Attorneys and middle-income families. That is nation, which the clerk will report. General we have had, only a handful where I have some difficulty. The assistant legislative clerk read even come close to having some of the I know what is going on in my home the nomination of John Ashcroft, of qualifications that John Ashcroft State of Illinois now. I know because Missouri, to be Attorney General. brings in assuming the position of chief my wife called me a few weeks ago and The ACTING PRESIDENT pro tem- law enforcement officer of this great said: I just got the first gas bill for the pore. The Senator from Utah. nation. winter. You will never guess what hap- Mr. HATCH. Mr. President. I am The Department of Justice, of course, pened. It is up to $400 a month in pleased that the Judiciary Committee encompasses broad jurisdiction. It in- Springfield, IL. It is about a 40-percent yesterday evening favorably reported cludes agencies ranging from the Drug increase in my hometown. I hear this the nomination of Senator John Enforcement Administration, the Im- story all over Illinois, all over the Ashcroft to be the next Attorney Gen- migration and Naturalization Service, country—energy bills up 50 percent, eral of the United States. I look for- the U.S. Marshal’s Service, the Federal natural gas bills up 70 percent. If we ward to a fair debate of Senator Bureau of Investigation, the United talk about tax cuts, we ought to be Ashcroft’s qualifications and am hope- States Attorneys, to the Bureau of thinking about families who are lit- ful that we could move to a vote on his Prisons. It includes, among other erally struggling with these day-to-day confirmation this week. It is important things, enforcement of the law in areas bills. Whether it is the need to heat that we confirm Senator Ashcroft as including antitrust, terrorism, fraud, your home or to pay for a child’s col- soon as possible so that the President money laundering, organized crime, lege education or perhaps for tuition in has his Cabinet in place and he can drugs, and immigration. To effectively a school, should we not focus tax cuts move ahead with the people’s agenda. prevent and manage crises in these im- on the working families who struggle John Ashcroft is no stranger to most portant areas, one thing is certain: we to get by every single day? of us in this body. We have served with need, at the helm, a no-nonsense per- I always express concern on the Sen- him during his 6 years of service as the son with the background and experi- ate floor that we seem to have more Senator representing Missouri, some ence of John Ashcroft. sympathy for the wealthiest people in had worked with him when he was Gov- Those charged with enforcing the law this country than for those who are ernor and some others had worked with of the nation must demonstrate both a really struggling every single day to him when he was the Attorney General proper understanding of that law and a build their families and make them of Missouri. determination to uphold its letter and strong. If we are going to have a tax In the Senate, he served on the Judi- spirit. This is the standard I have ap- cut—and we should—let’s make sure ciary Committee with distinction over plied to nominees in the past, and this the tax cut benefits those families. the past four years—working closely is the standard I am applying to John I also want to make certain we pro- with members on both sides of the Ashcroft here today in my full-hearted tect Social Security and Medicare. If aisle. As a member of the committee, support of his nomination to be the

VerDate 31-JAN-2001 01:39 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.011 pfrm02 PsN: S31PT1 S840 CONGRESSIONAL RECORD — SENATE January 31, 2001 next Attorney General of the United sleep at night without worrying about have a right to impugn a man’s integ- States. the safety of their children or about be- rity, or distort his record, which I During John Ashcroft’s 30-year ca- coming victims of crime themselves. think they have done. reer in public service, he has worked to As someone who both knows John Sometimes in life, though, the meas- establish numerous things to keep Ashcroft as a person and who is famil- ure of a person is best seen in times of Americans safe and free from criminal iar with his distinguished 30-year adversity. So it is with John Ashcroft activities. For example, he has: (1) record of enforcing and upholding the who, after a difficult battle for some- fought for tougher sentencing laws for law, I can tell you that I feel a great thing that meant a great deal to him— serious crimes; (2) authored legislation sense of comfort and a newfound secure-election to the Senate—resisted to keep drugs out of the hands of chil- rity in the likely prospect of his con- calls to challenge the outcome of that dren; (3) improved our nation’s immi- firmation to be our nation’s chief law election. His own words during this dif- gration laws; (4) protected citizens enforcement officer. ficult time say it best: from fraud; (5) protected competition Mr. President, as I told my com- Some things are more important than poli- in business; (6) supported funding in- mittee colleagues last night, we have tics, and I believe doing what’s right is the served with John Ashcroft, and we most important thing we can do. I think as creases for law enforcement; (7) held public officials we have the opportunity to the first hearings ever on racial know that he is a man of integrity, model values for our culture—responsibility, profiling; (8) fought for victims’ rights committed to the rule of law and the dignity, decency, integrity, and respect. And in the courts of law and otherwise; (9) Constitution. We know that he is a if we can only model those when it’s politi- helped to enact the violence against man of compassion, faith, and devotion cally expedient to do so, we’ve never mod- women bill; (10) supported provisions to family. We know that he is a man of eled the values, we’ve only modeled political making violence at abortion clinics impeccable credentials and many ac- expediency. fines non-dischargeable in bankruptcy; complishments. Contrary to what a few special inter- (11) authored anti-stalking laws; (12) Some have charged that we are ask- est groups with a narrow political fought to allow women accused of ing that the Senate apply a different agenda would have us believe, these are homicide to have the privilege of pre- standard to John Ashcroft than other not the words of an extremist or a divi- senting battered spouse syndrome evi- nominees because he was a member of sive ideologue. These are the words of a dence in the courts of law. On that this cherished body. Let me be clear. I fine public servant who is a man of his point, I should add that as governor, he am not asking nor advocating that a word and of faith and who is willing to do the right thing, even when it means commuted the sentences of two women standard be applied to his nomination that is different than that which is ap- putting himself last. who did not have that privilege; (13) Mr. President, John Ashcroft, like plied to other nominees. I am simply signed Missouri’s hate crimes bill into many of us, is a man of strongly held saying that you have worked with him law. views. I have every confidence, based and know him to be a man of his word. I could go on and on. His record is on his distinguished record, that as At- He is not the man unfairly painted as distinguished. torney General, he will vigorously I am getting a little irritated that an extremist by the left-wing activists work to enforce the law—whether or some even implied that he might be a who have reportedly threatened Sen- not the law happens to be consistent racist, but all, including the judge for ators in their re-election bids if they with his personal views. Ronnie White, said they do not believe vote for his confirmation. Mr. President, As I asked my col- he is a racist. In fact, he is not. His They present a man that none of us leagues in the Judiciary Committee, I record proves he is not. I might add really know. They have distorted his ask that in keeping with our promise that his record proves that he is in the record and impugned his character and to work in a bipartisan fashion, we re- mainstream of our society. have exaggerated their case. ject the politics of division. If we want Senator Ashcroft appeared before the I am saying that a nominee, espe- to encourage the most qualified citi- Judiciary Committee for two days and cially one we all personally know to be zens to serve in government, we must answered all questions completely, a man of deep faith and integrity, de- do everything we can to stop what has honestly and with the utmost humil- serves to be given the benefit of the been termed the politics of personal de- ity. Over the inaugural weekend, he re- doubt when he commits to us under struction. This is not to say that we ceived over 400 questions. He com- oath that he will enforce and uphold should put an end to an open and can- pletely answered these follow-up ques- the rule of law regardless of his per- did debate on policy issues. Quite the tions that the Senators both on and off sonal or religious beliefs. contrary: our system of government is the committee sent to him. He has tes- Mr. President, that is the benefit we designed to promote the expression of tified and committed both orally and accorded General Reno, President Clin- these differences and our Constitution in writing that he will uphold the laws ton’s nominee 8 years ago. She was pro- protects that expression. But the fact of the United States, regardless of his abortion, she had said so. She was anti- is that all of us both Democrats and religious views on the policy which, death penalty, she had said so. On both Republicans, know the difference be- within his constitutional duties as a of these issues, among others, she had tween legitimate policy debate and un- Senator, he may have advocated chang- a totally different ideological view warranted personal attacks promoted— ing. He understands his role as the than almost all of the Republican Sen- and sometimes urged—by narrow inter- chief law enforcement officer of this ators serving at the time. But she com- est groups. nation. mitted to uphold the laws of the land, Mr. President, let me cite just one Virtually every Senator on the com- regardless of her personal views. and example of what I mean by the narrow mittee and every Senator in this Sen- we accorded her the benefit of the interest group campaign of personal de- ate has to admit he has the utmost in- doubt which I believe President Bush’s struction. Many may have read, hope- tegrity, honor, dignity, and decency. If nominee similarly deserves, especially fully with disbelief and dismay, a New that is true, why not give him the ben- since we all know him. York Times report, the day following efit of the doubt rather than the other I ask that we evaluate this man the release of the transcript of Senator way? based on his record, his testimony, and Ashcroft’s speech at the Bob Jones We saw at the four days of hearings based on your personal experiences University, which read, ‘‘the leader of a that even when he disagreed with the with him. We know John Ashcroft is major liberal group opposing Mr. underlying policies, he has an not an extremist. That is the image of Ashcroft’s nomination expressed dis- undisputable record of enforcing the him that has been painted through a appointment that the comments were laws. This was the case with respect to vicious campaign by a well organized not much different from those many abortion laws, gun laws, or laws relat- group of left-wing special interest ac- politicians offer in religious settings.’’ ing to the separation of church and tivists. The piece continued, quoting this state. They have a right to be active. They ‘‘leader’’ as saying ‘‘ ‘[t]his, clearly, Mr. President, a great number of peo- have a right to complain. They have a will not do it,’ this person said of hopes ple have said to me that they are tired right to find fault. They have a right to that the speech might help defeat the of living in fear. They want to go to present their case. But they do not nomination.’’

VerDate 31-JAN-2001 01:39 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.007 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S841 Let me note that some opponents est. I personally resent those who try and were going to leave the committee, have charged that Senator Ashcroft’s to say otherwise and try to impugn as well as some we anticipated would answers at the hearing and his written that reputation. be coming in from both the Republican answers to the approximately 400 ques- The ACTING PRESIDENT pro tem- and Democratic side, to sit in on those tions sent to him by Judiciary Com- pore. The Senator from Vermont, Mr. hearings. I mention this because we did mittee members were evasive. Wrong. LEAHY. not actually set the membership of our I don’t know of any case where we Mr. LEAHY. I appreciate the com- committee until last Thursday, but we had that many questions of a Cabinet ments of my friends from Utah and the did this ahead of time. official. Usually it is an insignificant distinguished chairman of the Senate The committee heard from every sin- number. Judiciary Committee. He suggests a lot gle witness Senator Ashcroft or Sen- Throughout, Senator Ashcroft has of questions were asked of Senator ator HATCH wanted to call in his behalf. consistently and persuasively re- Ashcroft. I read today in the Wall This is not a case where suddenly one sponded that he will enforce the law ir- Street Journal, a newspaper that has side or the other was something loaded respective of his personal views. His strongly backed Senator Ashcroft, they up. I think there were an equal number long and distinguished record in Mis- believe we didn’t ask enough questions, of witnesses on both sides. We com- souri supports his commitment to fol- especially concerning fundraising ac- pleted the oral questioning of Senator low and observe the rule of law. But tivities by Senator Ashcroft. Ashcroft in less than a day and a half. that record is ignored by his critics. I ask unanimous consent that the ar- We limited each Member to two rounds For some of those looking to oppose ticle from the Wall Street Journal be of questions, for a total of only 20 min- him, he simply cannot do anything printed in the RECORD at the conclu- utes. The nominee was not invited right. When he answers questions in de- sion of my remarks. back by the Republicans following the tail to attempt to explain his record, The PRESIDING OFFICER (Mr. testimony of the public witnesses. As a he’s termed evasive because he should BUNNING). Without objection, it is so result, any unanswered questions had have simply answered ‘‘yes’’ if he real- ordered. to be answered in writing. ly meant it. When he answers a ques- (See Exhibit 1.) We then expedited the sending of tion with a simple and straightforward Mr. LEAHY. Mr. President, when we written questions to the nominee. We yes, he’s accused of not confronting the talk about the time involved in a nomi- sent the majority of written questions issue completely. nation such as this, I recall the last on Friday, January 19, the last day of Let us be clear. John Ashcroft is controversial nomination for Attorney the hearing, rather than waiting until strongly pro-life. He always has been as General we had when the Republicans the following Monday when they were far as I know, and I expect he always controlled the Senate. That was for due. Senator HATCH sent out the final will be. He is a deeply religious man— Edwin Meese. It took considerably batch of written questions on the Tues- he always has been as far as I know, longer, with far more witnesses and day following the hearing. We received some of what were de- and I expect he always will be. He has questions than we are having in this scribed as answers to some of the writ- strenuously committed to a policy of debate. We sometimes forget the his- ten followup questions sent to the equal justice and opportunity for all— tory of what goes on here. and has a long record which supports This is a case where the White House nominee late last Thursday. It is clear from those answers that the nominee this commitment of these matters. But actually sent Senator Ashcroft’s nomi- has chosen not to respond to our con- he opposed Mr. Hormel for an ambas- nation to the Senate on Monday—Mon- cerns or address many of our questions. sadorship, as did a number of his col- day of this week, 2 days ago. We are In fact, the committee has had out- leagues; he opposed Bill Lann Lee, as having the debate on the floor today. standing requests to the nominee to did eight other Republicans on the Ju- Prior to the President’s inauguration, provide a copy of the entire videotape diciary Committee, including myself; the Democrats controlled the Senate. of the commencement proceedings in and he opposed Justice Ronnie White. We moved forward even without the pa- which he participated at Bob Jones This is the record upon which many perwork or anything else from the in- University, as has been discussed here paint John Ashcroft as a right wing ex- coming transition team. We moved for- on the floor. We have had that request tremist. I disagree. ward to speed up a hearing on Senator pending since early January. That vid- Let me simply conclude by repeating Ashcroft. eotape was provided, incidentally, to the words of John Ashcroft which I Today we begin the debate on the news outlets but not to the committee. cited earlier. ‘‘Some things are more floor, after the Judiciary Committee I have also requested that the nomi- important than politics, and I believe debated the nomination yesterday and nee provide a formal response to the al- doing what’s right is the most impor- voted yesterday evening. As I said, I legations that while he was Governor tant thing we can do.’’ I only hope that convened 3 days of hearings on this of Missouri he asked about a job appli- my colleagues will heed these words as nomination over a 4-day period from cant’s sexual preference in an inter- they consider their vote in the Senate. January 16 to January 19. That was view, and we have not received any an- I urge my colleagues to vote yes on prior to having received all the paper- swer. this nomination. work on Senator Ashcroft. We did that There have been references on the By the way, I am urging my col- to help the new administration. The floor already today as though there leagues to do what we did for Attorney Republican leadership announced were some kind of left-wing conspiracy General Reno: Give John Ashcroft the weeks ago that all 50 Republican Sen- to defeat John Ashcroft. I am not benefit of the doubt instead of taking ators would vote in favor of the nomi- aware of that. I have asked my ques- the exact opposite tack, of which I nation, irrespective of whatever came tions as the Senator from Vermont, think I have seen enough evidence. out of those hearings. I am glad that and I responded to the interests of my When Attorney General Reno came up, other Senators declined to prejudge the constituents, both for and against Sen- there were 2 days of hearings. In fact, matter. ator Ashcroft, from Vermont. there was only 1 day for Attorney Gen- Actually, the Committee on the Judi- But if there is any question of wheth- eral Dick Thornburgh. There were only ciary has done the best we could to er there is influence of anybody on this 2 days for Attorney General Bill Barr, handle this nomination fairly and nomination, I will refer to the New only 2 days for Janet Reno. In none of fully. We have had hearings, I think, York Times of Sunday, January 7, and those cases did we allow right-wing that make all members of the com- the Washington Post of Tuesday, Janu- groups to come in and attack the wit- mittee and the Senate proud. I have ary 2, in which they quote a number of ness. We allowed them to submit state- served in this body for 26 years. I be- people from the far right of the Repub- ments, but we didn’t go on and on try- lieve very much in the committee sys- lican Party who openly bragged about ing to destroy the reputation of really tem. I believe very much in having real the fact that they told the new Presi- good people. John Ashcroft is really hearings and then having a record dent he could not appoint Governor good people. He is a decent, honorable, available for Senators. Racicot of Montana—whom he wanted religious, thoughtful, kind man who In fact, we actually invited Senators to appoint—but that he must appoint has a reputation of being fair and hon- who had served in the 106th Congress John Ashcroft.

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.003 pfrm02 PsN: S31PT1 S842 CONGRESSIONAL RECORD — SENATE January 31, 2001 I mention that because, if anybody We may want to consider and con- who became President—saw the man thinks this nomination has been influ- trast the behavior that has been en- who became President declared the vic- enced by liberal groups, the only ones gaged in on the other side. We have tor of the Presidential election by one who have actually determined this talked about the time this may have electoral vote. nomination and have openly gone to taken. We had the hearing, we expe- I do not question the fact that Presi- the press and bragged about influ- dited the debate, and we came to the dent Bush is legitimately our Presi- encing it are an element of the far floor. The consideration of the nomina- dent. Of course, he is. I was at the inau- right of the Republican Party. They tion of Attorney General Meese when guration. We all were. He was inaugu- have openly bragged about the fact the Republicans controlled the Sen- rated. Yet, I would hope Senators will that they told the incoming adminis- ate—with a Republican Senate, one realize the concerns in this country: tration and President Bush that he would assume that would move very One person gets half a million more could not have his first choice, the quickly—that took 13, not days, not votes, the other person becomes Presi- Governor of Montana—who is a con- weeks: 13 months. And then we had sev- dent; the one who becomes President servative Republican and now the eral days of debate in a Republican- after a disputed count in one State be- former Governor—but that he must ap- controlled Senate before final Senate comes President by one electoral vote. point Senator Ashcroft. That remains a action. He is President. He has all the pow- fact. That is why we are here. There was reference to how we how ers, he has all the obligations, all the Notwithstanding all this, and not- we handled the nomination of Attorney duties of the Presidency, and all the le- withstanding the fact that the ques- General Reno. That was noncontrover- gitimacy of the Presidency. I have no tions have not all been answered, the sial, and that still took a month from question about that. But I think he has requested material has not all been nomination to confirmation. She was an obligation to try to unite the coun- sent, we Democrats granted consent to not confirmed by the Senate until mid- try, not to divide the country. In fact, advance the markup date in order to March in the first year of President 11 days ago, President Bush acknowl- proceed yesterday afternoon and last Clinton’s term. Attorney General edged the difficulties of these times evening. As the distinguished chairman Meese was not confirmed by the Senate and the special needs of a divided Na- knows, normally we would have had until late February in 1985, at the be- tion. He said: our debate before the committee today. ginning of President Reagan’s second While many of our citizens prosper, others I said, following his request, that we term. Here we are in January. This doubt the promise, even the justice, of our would not object to moving it up 24 nomination was sent to the Senate on own country. hours. I was told the Republicans have Monday, 48 hours ago. He pledged to ‘‘work to build a single a meeting of their caucus scheduled for I hope those who advise the President nation of justice and opportunity.’’ later this week and it would accommo- will point out to him these facts so he I was one of those who had lunch date both the new administration and is not under the impression this nomi- with the new President less than an the Republicans in the Senate if we nation has been delayed from Senate hour after his inauguration. I spoke to moved that up. I agreed to that. As I consideration. The Democrats, when him and told him how much his speech said, the Senate works better if Sen- we controlled the Senate for a few meant to me. I told him he will be the ators can work together. Accommoda- weeks, expedited this. Republicans, sixth President with whom I have tion, however, does not mean changing when they controlled the Senate at the served. I told him how impressed I was one’s vote. time of President Reagan, took 13 by his inaugural speech. I said he had a We had a good debate in the com- months to get his nomination of Edwin sense of history and a sense of country, mittee. I think Republicans and Demo- Meese through. and I applauded him for it. I do think crats would agree it was a good, solid I have reviewed the hearing record the nomination of John Ashcroft to be debate. We reported the nomination to and the nominee’s responses to the Attorney General does not meet the the Senate by a margin of 10–8, a nar- written followup questions from the standard that the President himself row margin. Actually, in most of that Judiciary Committee. I did that before has set. For those who doubt the prom- debate we had between six and nine I announced I would oppose John ise of American justice—and, unfortu- Democratic Members present. We usu- Ashcroft to be Attorney General of the nately, there are many in this country ally had three to four Republican Mem- United States. who doubt it—this nomination does not bers. I have talked to the Senate already inspire confidence in the U.S. Depart- I brought with me the hearing about this, and to the committee, ment of Justice. record. Here it is, right here. This is a about my reasons for opposing the My Republican colleagues have urged good, solid record. It is part of the his- nomination. I expect we will go back to us to rely on John Ashcroft’s promise tory of the Senate. I wish all Senators this during the debate. to enforce the law, as if that is the Let’s not lose sight of the historical would review that record. Many have. only requirement to be an Attorney context in which we consider this nom- Unfortunately, we are not going to General. ination. This is an especially sensitive have a committee report on this con- If Senator Ashcroft would have come time in our Nation’s history. Many troversial nomination. I think we before the committee and said he seeds of disunity have been carried would have been helped by doing that. would not enforce the law, we would aloft by winds that come in gusts—es- There was a time when we did seek to not be debating this issue today. I can- pecially, unfortunately, from the State inform the Senate with committee re- not imagine any nominee—and I have of Florida. The Presidential election, ports on nominations, nominations sat in on hundreds of nomination hear- the margin of victory, the way in such as that of Brad Reynolds or Wil- ings—would say they would not enforce which the vote counting was halted by liam Bennett and a number of impor- the law. That is not the end of the five members of the U.S. Supreme tant and controversial judicial nomina- story. The Senate’s constitutional duty Court—these remain sources of public tions. We prepared such reports when to advise and consent is not limited to concern and even alienation. Deep divi- Senator THURMOND required that as extracting a promise from a nominee sions within our country have infected chairman. that he will abide by his oath of office. the body politic. We experienced the In lieu of a committee report, each Let me quote what my good friend, closest Presidential election in the last Senator is left with the task of review- Senator HATCH, said on the floor on No- 130 years, probably the closest in our ing the record and searching his or her vember 4, 1997, about the nomination of history. For the first time, a candidate conscience and deciding how to vote. Bill Lann Lee to be Assistant Attorney I did put into the RECORD a large and who received more votes than were General for Civil Rights: I hoped complete brief prepared by me cast for the victor in the last three and the lawyers on the Senate Judici- elections for President, who received His talents and good intentions have taken him far. But his good intentions should not ary staff—Bruce Cohen, Beryl Howell, half a million more votes than the per- be sufficient to earn the consent of this Julie Katzman, Tim Lynch and oth- son who eventually was inaugurated as body. Those charged with enforcing the Na- ers—which I think would be very help- President—received half a million tion’s law must demonstrate a proper under- ful to the Senate. more votes, I should say, than the man standing of that law, and a determination to

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.021 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S843 uphold its letter and its spirit * * *. At his untary desegregation. I am sure with is not the way we go about our respon- hearing before the Judiciary Committee, Mr. murder cases or anything else such as sibility of advise and consent. Remem- Lee suggested he would enforce the law with- that he would enforce the law, but it is ber, the Constitution does say advise out regard to his personal opinions. But that cannot be the end of our inquiry. The Sen- how he chose to decide which of those and consent, not advise and rubber ate’s responsibility is then to determine discretionary areas to act in that trou- stamp. what the nominee’s view of the law is. bles me. That is why, as chairman of the Judi- Like Senator Ashcroft, Bill Lann Lee He has used language here describing ciary Committee, during the weeks I promised to enforce the law as inter- the judiciary that is disturbing to held that post, I refused to railroad preted by the Supreme Court. He made many. He has shown what Senator this nomination through. Instead, I the promise emphatically, he made it BIDEN calls ‘‘bad judgment’’ in associ- had full, fair, informative hearings to repeatedly, and he made it specifically ating with Bob Jones University and review the nominee’s record and posi- with respect to certain Supreme Court Southern Partisan magazine, and he tions. decisions with which he may have per- unfairly besmirched the reputations of The American people are entitled to sonally disagreed. Despite all of Bill Presidential nominees, including Judge an Attorney General who is more than Lann Lee’s assurances that he would Ronnie White and Ambassador James just an amiable friend to many of us enforce the law, the Republican-con- Hormel. here in the Senate and promises more trolled Senate would not allow a vote I am particularly concerned that he than just a bare minimum that he will up or down on the floor on his has not fully accepted what he now enforce the law. They are entitled to nomination. calls the settled law regarding a wom- someone who will uphold the Constitu- I believe John Ashcroft’s assurances an’s right to choose. His confirmation tion as interpreted by the Supreme that he would enforce the law is not evolution seems implausible, given his Court, respect the courts, abide by de- the end of our inquiry. Far more than support less than 3 years ago for the cisions he disagrees with, and enforce the Assistant Attorney General for Human Life Act, which he now admits the law for everybody regardless of pol- Civil Rights, a job to which Bill Lann is unconstitutional even though he itics. The way to determine that is to Lee was nominated, the Attorney Gen- supported it, and his denial of the ‘‘le- look at the nominee’s record, not to eral has vast authority to interpret the gitimacy’’ of Roe and Casey in the 1997 engage in metaphysical speculation law and to participate in the law’s de- ‘‘Judicial Despotism’’ speech, in which about his heart. velopment. he called the Supreme Court ‘‘ruffians John Ashcroft’s stubborn insistence Unlike one of his assistants, he has in robes.’’ on re-litigating a voluntary desegrega- to be held to a higher standard because I have disagreed with the Supreme tion decree consented to by all the he sets the policy. The assistant car- Court on some cases, but I have never other parties over and over again, at ries out the policy of the Attorney called them that. great expense to the State of Missouri General. The Attorney General’s job is His assurances are totally undercut and with sometimes damaging disrup- not merely to decide whether common by the recent remarks of President tion to the education of Missouri’s crimes, such as bank robbery, should Bush and Vice President CHENEY. Just children, is relevant. It is relevant be- be prosecuted. Of course, they should. 1 day after Senator Ashcroft assured cause someone who has used his power Does anybody believe that whoever is the committee that Roe and Casey as a State Attorney General to delay Attorney General faced with something were settled law and that he would not and obstruct efforts to remedy past ra- as horrendous as the Oklahoma City seek an opportunity to overturn them, cial discrimination by the State, and bombing is going to say, ‘‘I am not the President said he would not rule who has then publicly excoriated the going to prosecute’’? Does anybody be- out having the Justice Department judges who ruled against him and made lieve an Attorney General faced with a argue for that result. The Vice Presi- a major political issue of his disagree- skyjacking or assassination is going to dent similarly refused to commit him- ments with the courts, may use his say, ‘‘I am not going to prosecute’’? Of self on this issue over the weekend. greater power as the U.S. Attorney course, they are going to prosecute. A promise to enforce the law is only General for similarly divisive political But there are many other less spec- a minimum qualification for the job of purposes. tacular matters, matters that are not Attorney General. It is not a sufficient His effort as a State Attorney Gen- in the news every day, where the At- one. It is simply not enough just to say eral to suppress the political speech of torney General has to decide how the you will enforce the law. a group with which he disagreed—the law is to be enforced. The Attorney Senator Ashcroft’s record does mat- National Organization of Women—by General has more discretion in this re- ter in making a judgment about wheth- means of an antitrust suit is relevant, gard than anybody in Government. er he is the right person for this job. because it reflects on how he might re- The Attorney General advises the Throughout the committee hearings, spond to political dissent as U.S. At- President on judicial nominations. He my Republican colleagues said we torney General. decides what positions to take before should give Senator Ashcroft credit for His actions as Governor of Missouri the Supreme Court and lower Federal his public service. I agree with that, and as a U.S. Senator are also relevant. courts. He decides which of our thou- just as I give him strong credit and ad- In those offices, he took the same oath sands of statutes require defending or mire him for his devotion to his family of office to uphold the Constitution interpreting. He allocates enforcement and his religion. that he would take as U.S. Attorney resources. The Attorney General de- At the same time, my Republican General. Yet, in both of those offices, cides whom we are going to sue and, friends insist that his record and the he sponsored legislation that was pat- even more importantly, perhaps, de- positions he has taken in public service ently unconstitutional under Roe v. cides which cases we are going to set- do not matter because he will take now Wade: the 1991 anti-abortion bill in tle. He makes hiring and firing deci- a different position as U.S. Attorney Missouri, and the 1998 ‘‘Human Life sions. He sets a tone for the Nation’s General. Act’’ in the Senate. It is highly rel- law enforcement officials. President Bush asked us to look into evant to ask why, if his oath of office I think it is reasonable to go back Senator Ashcroft’s heart, but we are did not constrain him from ignoring and look at how John Ashcroft acted as being urged not to look into his record. the Constitution in those public of- attorney general before, and I go back I do not doubt the goodness of his fices, we should expect it to constrain to Missouri. Again, he was sworn to en- heart. I do doubt the consistency of his him as Attorney General. And it is also force the laws and all the laws. So how record. relevant to ask whether the same John did he focus the resources of his office? Some of my Republican colleagues Ashcroft who as a U.S. Senator went This is how he did it. went so far as to argue we should not around making public speeches calling He focused the resources of his office hear from any witnesses other than the a majority of the current conservative on banning abortions and also on nominee, that we need not review all Supreme Court ‘‘five ruffians in robes’’ blocking nurses from dispensing birth the nominee’s required financial disclo- has the temperament needed to be an control pills and IUDs. He sued polit- sures and his files and his speeches be- effective advocate before that same ical dissenters, and he fought vol- fore passing on this nomination. That Court as U.S. Attorney General.

VerDate 31-JAN-2001 03:03 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.023 pfrm02 PsN: S31PT1 S844 CONGRESSIONAL RECORD — SENATE January 31, 2001 I cannot judge John Ashcroft’s heart. nation as attorney general to the Senate national party’s Senate campaign arm to But we can all judge his record. Run- floor, even as outside critics complained that collect unregulated ‘‘soft money.’’ When he ning through that record are troubling, his history of aggressive fund raising raises was exploring a presidential bid, he went to recurrent themes: disrespect for Su- questions about his ability to enforce cam- Virginia, which has few campaign-money paign-finance laws. limits, to establish a political action com- preme Court precedent with which he The committee’s 10–8 vote, with Democrat mittee that accepted a $400,000 donation. ‘‘A disagrees; grossly intemperate criti- Russell Feingold of Wisconsin joining the blatant evasion of laws that are designed to cism of judges with whom he disagrees; committee’s nine Republicans, signaled that protect against the kind of corruption the insensitivity and bad judgment on ra- Mr. Ashcroft is almost certain to win con- attorney general is charged with upholding,’’ cial issues; and the use of distortions, firmation from the full Senate later this complains Scott Harshbarger, Common secret holds and ambushes to destroy week. But the panel’s sharp division and Cause president. the public careers of those whom he op- Senate Minority Leader Thomas Daschle’s In one case, Missouri Democrats allege, announcement yesterday that he will vote poses. Mr. Ashcroft went over the line of propriety. against his former colleague reflect the It dates to 1982, when Mr. Ashcroft was Mis- I cannot give my consent to this strong opposition among Democratic con- nomination. souri attorney general and brought an action stituencies to Mr. Ashcroft’s staunchly con- against a local oil company for selling taint- Mr. President, I will say more, but I servative record. ed gasoline. The company, Inland Oil, see several Senators from both sides of Mr. Daschle accused the Missouri Repub- countersued, charging that Mr. Ashcroft’s the aisle on the floor. I am going to lican of having ‘‘misled the Senate and delib- actions were motivated by his desire to win withhold in just a moment. But just erately distorted’’ the record of African- election as governor. In a deposition. Mr. think for a moment, we are a nation of American judicial nominee Ronnie White, Ashcroft’s administrative assistant said be 280 million Americans. What a fan- leading the Senate to reject Mr. White’s worked on Mr. Ashcroft’s election campaign nomination to the federal bench. Answering tastic nation we are. We range across while a state employee and contacted poten- such attacks for the GOP, Judiciary Com- tial campaign contributors from his govern- the political spectrum, across the eco- mittee Chairman Orrin Hatch of Utah com- nomic spectrum, all races and reli- ment office. plained that a ‘‘vicious’’ campaign by liberal The lawsuit also noted that Mr. Ashcroft gions. advocacy groups had left Democratic sen- had solicited an executive of Inland Oil for a ators giving Mr. Ashcroft ‘‘not one positive I think of, in my own case, my moth- donation to the state GOP in a fund-raising benefit of the doubt.’’ er’s family coming to this country not appeal under the state attorney general’s speaking a word of English. My grand- One of Mr. Ashcroft’s most voluble opponents, Democratic Sen. Edward Kennedy of letterhead, and that he personally sought a fathers were stonecutters in Vermont. Massachusetts, indicated that he won’t at- donation from a barge-company owner who I look at the diversity of ethnic back- tempt to block the nomination with a fili- did business with Inland. Mr. Ashcroft has grounds in our family, my wife growing buster. President Bush urged quick action by said the mail solicitation was merely sent in up speaking a language other than the Senate so that his administration could his name, and Ms. Tucker says he hadn’t English. We have great diversity in proceed with the organization of the Justice known of the barge concern’s connection to this country and, over it all, everybody Department, where a number of top depart- Inland when he sought a donation. ment appointments have been held up pend- The state later settled its complaint knowing, whether they are an immi- against Inland Oil, which in turn dropped its grant stonecutter or whether they are ing action on Mr. Ashcroft. ‘‘I would just hope there are no further counter suit. An opposing legal counsel in a wealthy Member of the Senate, the delays,’’ Mr. Bush said. ‘‘There’s been a lot that case, Alex Bartlett, says Mr. Ashcroft laws will always treat them the same; of discussion, a lot of debate . . . and it’s ‘‘caved’’ on the case to avoid answering ques- everybody knowing, whether they are now time for the vote, it seems like to me.’’ tions about his fund-raising practices. Mr. black or white, they can rely on the Actually, the former senator’s history of Bartlett also says Mr. Ashcroft later exacted law to treat them the same. campaign fund raising hasn’t been debated retribution by effectively blocking the Clin- But on top of all that, the Attorney much within the Senate. Mr. Feingold, who ton administration from nominating him for General of the United States represents backed Mr. Ashcroft in yesterday’s vote, is a federal judgeship in the mid-1990s. Former White House Counsel Abner Mikva says all of us. The Attorney General is not one of the chamber’s leading advocates of campaign reform. But yesterday, he cited then-Sen. Ashcroft told him in early 1995, ‘‘I the lawyer for the President; the Presi- the ‘‘substantial deference’’ a president de- don’t like’’ Mr. Bartlett. dent has a White House counsel. In serves in nominations. Ms. Tucker rejects that interpretation of fact, to show the separation, the White Critics say Mr. Ashcroft has repeatedly events, saying Mr. Ashcroft negotiated an House counsel does not require Senate pushed at the edges of campaign-finance reg- appropriate settlement in the Inland Oil confirmation; he or she is appointed by ulations by using taxpayer-financed office matter. If he later expressed reservations the President, and that is the choice of staff to wage election campaigns, and by about Mr. Bartlett to Mr. Mikva, she adds, the President alone. But the Attorney joining other candidates in both parties in he didn’t block him from the bench since Mr. finding loopholes that have allowed him to Bartlett was never formally nominated. She General requires confirmation because pursue larger donations than the $1,000-a- also says Mr. Ashcroft never used public em- the Attorney General represents all of person contributions permitted to a can- ployees to perform campaign work except in us. didate’s campaign committee. their off ours. We hold this country together be- Those critics, from Democrats in Mr. FUND-RAISING VEHICLES cause we assume the law treats us all Ashcroft’s home state to representatives of John Ashcroft has harvested donations, in the same. When I look at the public national organizations promoting campaign- finance overhaul, say the lack of attention recent years using these political commit- opinion polls in this country and see a tees: nation deeply divided over this choice to the issue reflects how deeply the Senate itself is steeped in the techniques of fully ex- Ashcroft 2000: Senate re-election com- for Attorney General, it shows me that ploiting the campaign-finance system. But mittee raised $8.9 million in ‘‘hard’’ money American people do not have con- at a time when an overhaul bill may soon subject to federal limits of $1,000 per indi- fidence in this nomination. I hope, if overcome lingering resistance on Capitol vidual donation, $5,000 per political action John Ashcroft is confirmed, he will Hill, they say Mr. Ashcroft’s record casts a committee. take steps to heal those divisions, take cloud over his commitment to enforce rigor- Ashcroft Victory Fund: Collected $3.8 mil- steps to say he will be the Attorney ously the laws regulating how political lion unregulated ‘‘soft’’ money during 1999– 2000, split evenly between Ashcroft 2000 and General for everybody, not just for one money is raised and spent. ‘‘The Senate has completely failed its obli- National Republican Senatorial Committee. group who told the President he had to gation to pursue this line of inquiry,’’ com- Spirit of America PAC: So-called leader- appoint him. So in that regard, I hope plains John Bonifaz, executive director of ship PAC collected $3.6 million in hard all Senators will think about that. the National Voting Rights Institute, a Bos- money since 1997, largely to finance Mr. President, I will go back to this ton nonprofit group that specializes in cam- Ashcroft’s exploration of a presidential bid. later on, but I see other Senators on paign finance and civil-rights litigation. American Values PAC: Virginia-based PAC the floor, so I yield the floor. Mr. Ashcroft’s backers on Capitol Hill and raised $586,533 beginning in 1998, which financed TV ads in Iowa and New Hampshire. EXHIBIT 1 in the Bush administration dismiss the complaints as ideologically inspired sniping. Ad- [From the Wall Street Journal, Jan. 31, 2001] Mr. KYL addressed the Chair. ministration spokeswoman Mindy Tucker The PRESIDING OFFICER. The Sen- SENATE PANEL BACKS ASHCROFT DESPITE says Mr. Ashcroft has ‘‘always adhered to FUND-RAISING ISSUES ator from Arizona. the law on campaign-finance issues and his Mr. KYL. Mr. President, I appreciate (By Tom Hamburger and Rachel campaign-finance practices have been above Zimmerman) reproach.’’ the comments that both Chairman WASHINGTON.—The Senate Judiciary Com- Like other senators in both parties, Mr. HATCH and Senator LEAHY have just mittee narrowly sent John Ashcroft’s nomi- Ashcroft formed a joint committee with his made with respect to this nomination.

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.026 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S845 We began when I referred to Senator ple will forget, said Mr. Mfume. For Demo- fused to enforce the Controlled Sub- LEAHY as Mr. Chairman, and now we cratic senators, in particular, this vote stances Act when it dealt with the are nearing the conclusion of this dur- comes as close to a litmus test as one can matter of assisted suicide. Yet I heard get on the issue of civil rights and equal jus- ing the time that Senator HATCH will nobody who is a critic of John Ashcroft tice under law from the party’s most loyal be referred to as Mr. Chairman. I agree, constituency. criticize Attorney General Reno for her it is time to bring the confirmation refusal to enforce existing law. Mr. President, I do not think it real- proceedings for Senator Ashcroft to a These are matters of judgment, and ly matters much. It is very clear that close. reasonable people will differ. That is I hope my colleagues will consider both liberal and conservative interest why it is especially perplexing to me to the long-range implications of their groups have weighed in on this nomina- note the vehemence with which some votes with respect to Senator Ashcroft. tion. It is totally appropriate for them have expressed opposition to Senator I have, I think, never regretted voting to do so. Therefore, I am not quite Ashcroft on the grounds that they for a nominee for office, but I have re- clear why one would make the point know he won’t enforce the law. That is gretted some of the votes I have cast that it is only conservative groups who perplexing to me. against nominees. I hope my colleagues have weighed in. Clearly, liberal groups A final point on this—it has been judge how their votes will be consid- have weighed in as well. That is their made over and over, but I think it ered a year from now, 4 years from right. bears a little bit of discussion right I, in fact, admire those Democratic now, perhaps 20 years from now, in now—Bill Lann Lee was a nominee of Senators who will vote to confirm Sen- thinking about how they will cast their Bill Clinton for a very important job in ator Ashcroft because I appreciate the votes. the Justice Department, head of the intense pressure they are under. We all Most of the points Senator LEAHY Civil Rights Division. There were many made have been made before and have have pressures, but it takes courage who opposed his nomination, including sometimes to go against what they been fairly thoroughly rehashed during myself. Senator LEAHY and others have the committee process and in other fo- may perceive as going against the been very critical of our opposition. In rums. I would really like to only re- grain in their own State. effect, they have said we should not The second point made was that this spond to three points Senator LEAHY have opposed him for that position. We just made. was a divisive nominee. It is a little applied too tough a standard; we First, he made this comment in the hard for me to understand how a nomi- should have believed him when he said Judiciary Committee meeting yester- nation can be divisive until somebody he would enforce the law. day, as well. Senator LEAHY said it is objects. President Bush laid out his po- Not getting into all of the reasons not liberal or left-wing groups that tential Cabinet, and immediately all why we didn’t think he would enforce have influenced this nomination but, attention focused on three of those the law and why, as it turns out, we rather, groups on the far right. And it nominees. They were said to be divi- were correct. Nonetheless, people such sive. They were divisive because some- is possible, of course, for anybody to as Senator LEAHY have been very crit- brag about what they may or may not body objected to them. ical of us for the stance we took. Yet have done. President Bush is fully ca- Third—and this relates to it—this they are now saying they are going to pable of deciding whom he is going to business about enforcing the law has apply the same test they say we ap- nominate for Attorney General. I was really put Senator Ashcroft in a dif- plied in the case of Bill Lann Lee. Ei- one of the people who recommended ficult position. It is a catch-22 for him; ther we were wrong in that case and John Ashcroft to him. So I do not he cannot win, literally. that test should not be applied or we If he says he will enforce the law, think we can ascribe John Ashcroft’s were right and it is a test that can be which, of course, every nominee has nomination to the fact that some peo- applied. And they then apply it and said, then he is subject to the criticism ple who are very conservative brag perhaps reach a different conclusion that this is a change, a new Ashcroft, about the fact that they stopped some- than we. body else and recommended his nomi- and we can’t believe that he will, in We should discuss this honestly. I nation. He was recommended by other fact, enforce the law. What is he to do? don’t think you can say on the one people as well, including myself. He can’t prove a negative. He can’t hand that test was wrong for Repub- In any event, I think it is rather odd prove he will not fail to enforce the licans to apply in the case of Bill Lann to suggest that liberal groups have not law. Lee but it is right for Democrats to been actively involved in this debate. We can look to his experience. We apply it in the case of John Ashcroft. Immediately after it began, I received can look to his service in the Senate. Which is it? If it is wrong for us to say One of our colleagues who will be a copy of a special report from the Peo- we just didn’t believe that Bill Lann voting on him made this statement. ple for the American Way—clearly a Lee could do what he said he would do, This is from West Virginia Democratic liberal, left leaning group—making the then the Democrats have a very tough Senator ROBERT BYRD: case against the confirmation of John argument to make that they should be Ashcroft as Attorney General. And I’m going to vote for him. He was a legis- able to say precisely that with respect lator. His opinions at that time were the page after page after page of it, in ef- opinions of someone who writes the laws. He to John Ashcroft. fect, is opposition research opposing is now going to be an officer who enforces The bottom line is, it doesn’t matter the nomination. the laws. He will put his hand on the Bible. what John Ashcroft says to some Sen- I also will note just one story from He will swear to uphold the law, that he will ators. They have reached a conclu- the Washington Times of January 17 of enforce the law. He has said so, and I take sion—I will suggest in good faith; I will this year. I will quote this at length be- him at his word. I believe Ashcroft means never question the motives of my col- cause I think it makes the point rather what he says. leagues even if they vehemently dis- clearly. Of course, some have noted that John agree with me—that he is not suitable Senate Democrats are under enormous Ashcroft is a very religious man. Yet it to be the Attorney General of the pressure from liberal interest groups to de- seems paradoxical to me that after re- United States. That is their right. feat Mr. Ashcroft, whom they accuse of inferring to his faith, they would some- I don’t think John Ashcroft can ever sensitivity to minorities and of harboring a how doubt that he would be firm in his satisfy them. He can say: I promise you stealth agenda to undermine abortion rights. commitment to uphold the laws. I I will uphold the law, as he did over Yesterday, Kweisi Mfume, president of the National Association for the Advancement of agree with Senator BYRD. We can trust and over and over again in the hearing. Colored People, said his organization will this man, that he will do what he says We know he is a man of integrity and ‘‘fund major information campaigns for the he will do. no one has questioned that. Yet they next 4 years’’ in States whose senators vote I will submit for the RECORD just one still apply this test which, in their in favor of Mr. Ashcroft. of the many examples that one can minds, requires them to vote against This is continuing the quotation point to about the immediate past At- his confirmation. So be it. from Mr. Mfume: torney General not enforcing the law; We have to be honest about the appli- Senators who vote for Ashcroft will not be in this case, a situation in which At- cation of these tests. If it is fair to do able to run away from this and assume peo- torney General Reno specifically re- it in the case of John Ashcroft, then it

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.027 pfrm02 PsN: S31PT1 S846 CONGRESSIONAL RECORD — SENATE January 31, 2001 was fair for Republicans to do it in the colleague, Senator LEAHY, and also, in orously defend our citizens’ most im- case of Bill Lann Lee. We simply terms of the markup, by Senator portant rights. Neither Senator reached different conclusions. If it was HATCH. Those who had the opportunity Ashcroft nor his supporters have been unfair in the case of Bill Lann Lee, to watch the course of the hearings able to provide that assurance. then it certainly can be argued to be would understand the sense of fairness Civil rights is the unfinished business unfair in the case of John Ashcroft. and fair play all of us who are members of America, and the people of this People who argue about this ‘‘rule of of the committee believe they con- country deserve an attorney general law’’ point would be much more cred- ducted the hearings with. I am grateful who is sensitive to the needs and rights ible if over the course of the last 8 to both of them. of all Americans, regardless of color. It years they would have been more out- I hope at the start of this debate that is not enough for Senator Ashcroft to spoken about the repeated problems of we can put aside the cliches and the say after the fact that he will always the immediate past administration sanctimonious attitudes we sometimes enforce the laws fairly. We must in- with respect to the rule of law. They hear on the floor of the Senate that stead examine his record as Attorney were defending their administration. those of us who have very serious and General of Missouri and as Governor of They were defending their Attorney deeply felt concerns about this nomi- Missouri and the impact he had on the General and their President. They nee somehow are responding to various civil rights of the citizens of Missouri. didn’t speak out about these matters. constituency groups, or somehow these We must consider whether as Attorney The rule of law is really at the bot- views are not deeply held or deeply val- General or Governor of Missouri, Sen- tom the most important thing that ued. I have been around here long ator Ashcroft tried to advance the those of us on the Judiciary Committee enough to know that in many situa- cause of civil rights in his state or can focus on and that we do need to tions, it is very easy for any of us to whether he tried to set up roadblocks. consider when the President has nomi- say those who agree with our position Based on the totality of his record, I nees pending on the floor. That is why are great statesmen and women, and must sadly conclude that he did the I am happy to conclude these brief re- those who differ with us are just noth- latter. I am particularly concerned marks with my view that there is no ing but ordinary politicians who are about Senator Ashcroft’s testimony on one whom I believe in more with re- not exercising their good judgment. school desegregation in St. Louis. He spect to fulfilling the responsibility to Those are policies or at least slogans asserted that the discrimination that support the rule of law than John which are sometimes used here. segregated the schools of St. Louis was Ashcroft, a man of great integrity, a This issue is too important not to from the distant past and that the man of unquestioned intelligence and have respect for those views that sup- state had not actively discriminated experience—in fact, the most experi- port the nominee as well, hopefully, as since the decision by the United States enced nominee ever for the position of those that have serious reservations Supreme Court Brown v. Board of Edu- Attorney General—a man who repeat- about it. cation in 1954. He made sweeping gen- edly was elected by his constituents in Listening to my friend from Arizona eral statements about having always Missouri, who had every opportunity to talk about the difference between Bill opposed segregation and supported in- view him as an extremist, if that in Lann Lee and this nominee, the dif- tegration. He made specific claims that fact had been the case, but it was not; ferences couldn’t have been greater. he complied with all court orders, that and a man who served in this body for Bill Lann Lee was committed to up- the state was not a party to the law- 6 years. holding the law and had a long-time suits and that the state had never been During that time, he was a friend of commitment to upholding the law. His found guilty of any wrongdoing. virtually everybody in the body be- statements to the committee con- Those statements and claims are in- cause they knew him, they liked him, firmed a commitment to uphold the consistent with the facts and with his they trusted him, and they worked law just like Dr. Satcher and Dr. Fos- record as Attorney General and Gov- with him. Therefore, it is perplexing ter. ernor of Missouri. I see no plausible and hurtful to me to hear some of the Many of us have serious concerns conclusion other than that Senator things that have been said about him about this nominee’s commitment to Ashcroft misled the committee during in connection with his confirmation. the fundamental constitutional rights his testimony. Oppose him if you will; that is your that involve millions of our fellow citi- Senator Ashcroft’s testimony that right. Reasonable people can reach dif- zens in the areas of civil rights, wom- state sponsored segregation ended in ferent conclusions about whether he en’s rights, privacy, as well as the the 1950s sheds light on his attitude should be confirmed. But we need to do issues of the Second Amendment, and about discrimination and his willing- it in a civil way so that there is not the treatment of nominees over a long ness to turn a blind eye to the lasting harm done either to the con- period of time. I think the record will disenfranchised. Responding to a list of firmation process, to the legitimacy of reflect that I find very, very powerful the state actions that maintained seg- the Senate’s actions with respect to and convincing evidence that the nomi- regated schools, Senator Ashcroft said: confirmation, or to the legitimacy of nee fails to give the assurance to the Virtually none of the offensive activities President Bush and his Department of American people, should he gain the described in what you charged happened in Justice under the leadership of John approval, that he will protect those the state after Brown v. Board of Education. Ashcroft. particular rights and liberties of our As a matter of fact, most of them had been I urge my colleagues to consider citizens. eliminated far before Brown v. Board of Edu- whether in 4 or 5 or 6 years they will be I intend to outline my principal con- cation. happy with and glad to defend a nega- cerns in the time that I have this Secondly, in saying that the city main- morning. tained a segregated school system into the tive vote on this confirmation. I urge ’70s, is simply a way of saying that after them to consider that carefully. Mr. President, two weeks ago the Ju- Brown v. Board of Education when citizens I am very proud to express my strong diciary Committee heard four days of started to flee the city and move to the support for the nomination of John testimony on Senator Ashcroft’s nomi- county . . . the schools, as people changed Ashcroft. He will, in the words of Dan- nation to serve as Attorney General of their location, began to be more intensely iel Patrick Moynihan, make a superb the United States. We heard Senator segregated. That was after the rules of seg- U.S. Attorney General. Ashcroft—as well as those who support regation had been lifted, and it was not a The PRESIDING OFFICER. The Sen- and oppose his nomination—discuss his consequence of any state activity. ator from Massachusetts is recognized. record. Senator Ashcroft’s testimony, at Mr. KENNEDY. Mr. President, first, I I found the testimony on civil rights, best, ignored the undeniable facts express my appreciation to our chair- women’s rights, gun control, and nomi- about school segregation in St. Louis, man and the members of the Judiciary nations very disturbing. As I said then, ignored court rulings, and was very Committee for the way these hearings Americans must be confident that the misleading. In fact, far from having were held on Senator Ashcroft to be Attorney General and the Justice De- eliminated the ‘‘offensive activities’’ the Attorney General, at that time partment will vigorously enforce our Senator Ashcroft referred to ‘‘far be- chaired by our long-time friend and nation’s most important laws and vig- fore Brown,’’ Missouri was still passing

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.029 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S847 new segregation laws in the decade be- 1964, ten new schools were opened and In all of the cases where the court made an fore the Brown decision, going as far as were placed so their ‘‘neighborhoods’’ order, I followed the order, both as attorney amending its state constitution to re- would ensure segregated enrollment— general and as governor. It was my judgment quire segregation. all ten opened with between 98.5 per- that when the law was settled and spoken that the law should be obeyed. In his testimony before the Judiciary cent and 100 percent black students. Committee, Senator Ashcroft denied From 1962 to 1975, there were 36 schools One of the simplest and least burden- that the city maintained a segregated opened—35 were at least 93 percent seg- some orders of the court flatly refutes school system into the 1970s. He testi- regated, only 1 was integrated. Senator Ashcroft’s claim. In May 1980, fied that the schools remained seg- Forced busing was also designed to the federal district court ordered the regated only because whites fled the continue segregation. As late as 1973, state to prepare and submit a proposal city. He emphasized that this segrega- 3,700 students were being bused to within 60 days for desegregating the tion ‘‘was not a consequence of any schools outside their neighborhoods to schools. In a telling example of his un- state activity.’’ Again, this statement reduce overcrowding. The vast major- willingness to support any form of de- is seriously misleading in light of the ity of the black students were bused to segregation plan, Attorney General facts and the court rulings. other predominantly black schools, Ashcroft failed to comply with the The record shows that the response while virtually all of the white stu- order. In fact, it wasn’t until December by St. Louis to the Brown decision was dents were sent to other white schools. 1980 that the State responded at all— what the school board called a ‘‘neigh- Only 27 white students were bused to other than filing motions to block the borhood school plan.’’ The plan was de- black schools. order to submit a plan and appealing The court of appeals summed up the signed to maintain the pre-Brown state them all the way to the Supreme continuing legacy of discrimination in of segregation in the St. Louis schools, Court—and the court did not consider 1980, in a case that Attorney General the responses to be a good-faith effort. and that is exactly what it did. Ashcroft had litigated for the state: Reviewing the board’s 1954–56 neigh- In 1981, after several more orders and The dual school system in St. Louis, le- borhood school plan, the 8th circuit deadlines were missed he was finally gally mandated before 1954 and perpetuated threatened with contempt of court for found: by the Board of Education’s 1954–1956 deseg- The boundary lines for the high schools, regation plan, has been maintained and his repeated delays. however, were drawn so as to assign the stu- strengthened by the actions of the Board in Attorney General Ashcroft was not dents living in the predominately black the years since. threatened with contempt because he neighborhoods to the two pre-Brown black All of these numbers and statements objected to the cost of a particular de- high schools. Following implementation of are facts according to the federal segregation plan or because he was ag- the School Board plan, both of these schools courts—from federal court cases that gressively filing appeals. He was opened with 100 percent black enrollments. Attorney General Ashcroft litigated. threatened with contempt for his fail- the elementary school boundaries were also Senator Ashcroft knew these facts. He ure to comply with the court’s 1980 drawn so that the school remained highly order to submit a plan for integrating segregated. knew them in the 1980s when he tried these cases. He knew them in 1984 when the schools. He refused, in effect, to The 8th Circuit Court of Appeals he ran for governor as the candidate even participate in desegregation at went on to make clear that there was who would fight the hardest against in- all. Later, instead of being chastened no justification, other than perpet- tegration. And, most important, he by his brush with contempt for defying uating segregation, for the boundaries knew them when he testified before the the court, he cited it as a badge of chosen: Committee. honor during his 1984 campaign for gov- The Board could have, without sacrificing Senator Ashcroft also gave mis- ernor, as proof of his adamant opposi- the neighborhood concept, drawn the bound- leading testimony about his own action to desegregation. He publicly aries so as to include significant numbers of tions in fighting school desegregation. bragged that it showed ‘‘he had done white students in the formerly all-black schools. a reading of the record also makes He claims that he has always supported everything in [his] power legally’’ to clear, however, that strong community oppo- integration and supported desegrega- fight the desegregation plan. sition has prevented the Board from inte- tion. But his protracted and tenacious In fact, as the court had stated in its grating the white children of South St. Louis legal fight against desegregation, his 1981 order: with the black children of North St. Louis. failure to make a good faith effort to The foregoing public record reveals ex- The board’s own documents show cooperate with court-ordered desegre- traordinary machinations by the State de- that maintaining the status quo of seg- gation, and his frequent exploitation of fendants in resisting Judge Meredith’s or- regation was the intent of the plan, racial tension over desegregation dur- ders. In these circumstances, the court can draw only one conclusion. The State has, as and that the new attendance zones ing his 1984 campaign for governor suggests otherwise. a matter of deliberate policy, decided to defy were drawn to reassign the fewest num- the authority of the court. ber of students possible. Leaving no Over a four year span as Missouri’s Attorney General, Senator Ashcroft In yet in another attempt to claim stone unturned, the board also made fought the desegregation plan all the that his opposition to the desegrega- sure that the staffs of the schools re- way to the Supreme Court three tion plan did not mean he was opposed mained segregated as well. times—and lost his bid for review of to integration, Senator Ashcroft testi- The court went on to make clear the 8th Circuit Court of Appeals deci- fied he opposed the plan because the findings of fact that contrary to Sen- sions each time. As attorney general, State was not a party to the lawsuit ator Ashcroft’s testimony, the board’s he lost definitively in the 8th Circuit in and did not have a fair chance to de- active segregation of the schools did 1980, 1982, and 1984. In the 1984 case, it fend itself. As he stated: not end in the 1950s. In fact, the board took the court 4 pages just to describe Well, you know, if the State hadn’t been actively used a student transfer pro- the myriad suits, motions, and appeals made a party to the litigation and the state gram, forced busing, school site selec- Ashcroft filed. And then he appealed is being asked to do things to remedy the sit- tion and faculty assignments through- that one, too. And during the time that uation, I think it’s important to ask the op- out the 1950s, 1970s and into the 1970s to he was filing repeated legal challenges portunity for the State to have a kind of, maintain the segregated status quo. In to the desegregation plan, Attorney due process and the protection of the law 1962, all 28 of the pre-Brown black General Ashcroft proposed no desegre- that an individual would expect. schools were all or virtually all black, gation plan of his own and strongly re- This claim borders on the bizarre. and 26 still had faculties that were 100 sisted a negotiated settlement for en- The state became a party to the case in percent black. At the same time, the tirely voluntary school transfers that 1977, the very year that Senator pre-Brown white schools that had had been agreed to by the city of St. Ashcroft took office as attorney gen- switched racial identities has switched Louis and St. Louis County. These are eral, and three years before the first their faculties from white to black not the actions of a man who supports 8th Circuit ruling. Throughout his en- also. integration and opposed segregation. tire eight year tenure, Attorney Gen- Choosing sites for new schools could In response to questioning by the Ju- eral Ashcroft litigated this case up and have helped, but instead was also used diciary Committee, Senator Ashcroft down the federal system on behalf of to make the segregation even worse. In made this specific claim: the State of Missouri. To claim that

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.019 pfrm02 PsN: S31PT1 S848 CONGRESSIONAL RECORD — SENATE January 31, 2001 the State was not a party to the litiga- been found guilty of discrimination, number of bills as governor, and frankly, I tion is a disingenuous and transparent and had been found guilty repeatedly. don’t say that I can remember all the details attempt to evade responsibility for his Yet he was still denying responsibility of all of them. Accordingly, I reviewed my actions. before the court in 1984 and it is deeply veto message and recalled that I was urged In some of his court challenges, At- to veto these bills by responsible local elec- troubling that he was denying it before tion officials. I also appeared to anticipate torney General Ashcroft did claim that this committee in 2001. the Supreme Court’s recent decision, as I ex- the State was not a party to the settle- I am also deeply troubled by Senator pressed a concern that voting procedures be ment agreement and should not be re- Ashcroft’s exploitation of the racial unified statewide. quired to implement it. The truth is tensions over desegregation to promote A review of the facts surrounding that the other parties agreed and sub- his campaign for governor in 1984. The Governor Ashcroft’s decision to veto mitted a plan to the court. Attorney St. Louis Post-Dispatch reported at the the voter registration bills raises seri- General Ashcroft had every oppor- time that Senator Ashcroft and his Re- ous questions about whether he truly is tunity to submit his own proposal in publican primary opponent were ‘‘try- ‘‘concerned that all Americans have fact, he was ordered to do so but he re- ing to outdo each other as the most the opportunity to vote.’’ Even the fused. To then claim that he shouldn’t outspoken enemy of school integration equal protection principle recently have to follow the court ordered plan is in St. Louis,’’ and were ‘‘exploiting and stated by the U.S. Supreme Court in tantamount to saying that a guilty encouraging the worst racist senti- the Florida election case cannot be rec- party who doesn’t want to be punished ments that exist in the state.’’ The onciled with Ashcroft’s actions. is somehow beyond the authority of Economist, a conservative magazine, As Governor of Missouri, Senator the court. The defense was rightly re- reported that both candidates ran Ashcroft appointed the local election jected by the district court and the 8th openly bigoted ads and that Ashcroft boards in both St. Louis County and Circuit and the Supreme Court refused called his opponent a ‘‘closet supporter St. Louis City. The county, which sur- to hear it. of racial integration.’’ Even the Daily rounds much of the city, is relatively In his testimony, Senator Ashcroft Dunklin Democrat, a newspaper that affluent. It is 84 percent white, and directly, clearly, and repeatedly said supported Ashcroft’s appeals of the de- votes heavily Republican. The city that he opposed State liability for desegregation orders, took him to task itself is less affluent, 47 percent black, segregation because the State had for exploiting race in his campaign, and votes heavily Democratic. never been found guilty of the segrega- criticizing the 1984 primary campaign Like other election boards across the tion. In his response to questioning as ‘‘reminiscent of an Alabama pri- State, the St. Louis County Election from Senator LEAHY, he testified: mary in the 1950s.’’ Board had a policy of training volun- I opposed a mandate by the Federal Gov- Ashcroft claimed in the Judiciary teers from nonpartisan groups—such as ernment that the State, which had done Committee that in opposing the deseg- the League of Women Voters—to assist nothing wrong, found guilty of no wrong, regation plan he was merely opposing in voter registration. During Senator that they should be asked to pay this very the cost of the desegregation that was Ashcroft’s service as Governor, the substantial sum of money over a long course being imposed on the state. But accord- of years. And that’s what I opposed. county trained as many as 1,500 such ing to press reports of that campaign, volunteers. But the number of trained This was no slip of the tongue. He re- Ashcroft repeatedly attacked the volunteers in the city was zero—be- peated the denial of responsibility mo- courts and the desegregation plan for cause the city election board appointed ments later, saying: reasons wholly unrelated to cost, even by Governor Ashcroft refused to follow Here the court sought to make the State going as far as calling the desegrega- the policy on volunteers used by his ap- responsible and liable for the payment of these very substantial sums of money, and tion plan an ‘‘outrage against human pointed board in the county and the the State had not been found really guilty of decency’’ and an ‘‘outrage against the rest of the State. anything. children of this state.’’ I believe, in- Concerned about this obvious dis- These two statements, made under stead, that it is the repeated, legally parity, the State legislature passed oath in testimony before the Com- unsupportable, vigorous opposition to bills in 1988 and 1989 to require the city mittee, are flatly wrong and grossly desegregation, that is an outrage election board to implement the same misleading. The St. Louis cases were against human decency and an outrage training policy for volunteers used by certainly long and convoluted, but one against the children of Missouri. the county election board and the rest point is abundantly clear: the courts For these reasons, I have great con- of the State. Despite broad support for held that the State of Missouri was re- cern about Senator Ashcroft’s testi- these bills, on both occasions, Gov- sponsible for the discrimination. The mony and his actions surrounding the ernor Ashcroft vetoed them, leaving in 8th Circuit left no doubt about the entire issue of desegregation. His ac- place a system that clearly made it State’s guilt and liability for segre- tions as Attorney General of Missouri more difficult for St. Louis City resi- gating the schools. As the court said in leave no doubt that at every turn, he dents to register to vote. 1984: chose to wage a non-stop legal war Among the justifications offered by against integration and desegregation, Ashcroft for the vetoes was a concern We, again noted that the State and City Board—already judged violators of the Con- and that he used the full power of his for fraud, even though the Republican stitution—could be required to fund meas- office to do so. director of elections in St. Louis Coun- ures designed to eradicate the remaining The question for Senator Ashcroft, ty was quoted in press reports as say- vestiges of segregation in the city schools, and for senators on both sides of the ing: ‘‘It’s worked well here . . . I don’t including measures which involved the vol- aisle, is how can it mean anything for know why it wouldn’t also work well untary participation of the suburban Senator Ashcroft to say that he will [in the City].’’ schools. enforce the law against discrimination, The issues of fraud and voter reg- This statement by the court high- when this record shows beyond any istration had also been addressed by lights a very important point. The reasonable doubt that he will go to ex- the United States Senate several years court said ‘‘We again noted that the traordinary lengths to deny the facts earlier, which concluded that ‘‘fraud State and City Board—already ad- of discrimination? more often occurred by voting officials judged violators of the constitution’’— Senator Ashcroft’s record and testi- on election day, rather than in the reg- were responsible for desegregating the mony on voter registration legislation istration process.’’ schools. This 1984 decision came four are equally troubling. In response to a In fact, in Missouri in 1989—five years after the original 8th circuit de- question about his decision as Gov- months after Governor Ashcroft’s sec- cision held that the state was in fact ernor of Missouri to veto two bills to ond veto—a clerk on the city of St. responsible for the discrimination. increase voter registration in the city Louis Election Board was indicted for Senator Ashcroft was attorney gen- of St. Louis, which is heavily African voter fraud by Secretary of State Roy eral of Missouri for all of those years American, Senator Ashcroft testified: Blunt. and was campaigning for governor I am concerned that all Americans have Ultimately, the repeated refusal by when the decision was issued. No one the opportunity to vote. I am committed to the St. Louis City Election Board to knew better than he that the state had the integrity of the ballot. . . . I vetoed a train volunteer registrars had a serious

VerDate 31-JAN-2001 02:14 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.062 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S849 negative impact on voter registration think all Americans can understand, election board in the city of St. Louis rates in the city. During Senator but it was not good enough for Senator chose to maintain inconvenient and ar- Ashcroft’s eight years as Governor, the Ashcroft. As a result of that failure, we tificial registration barriers that had voter registration rate in St. Louis saw a dramatic reduction in voter par- the purpose and effect of depressing City fell from a high of nearly 75 per- ticipation and registration in that participation in the electoral process, cent to 59 percent—a rate lower than community. At a time when the issues particularly by African-Americans. the national average, lower than the of the adequacy of the counting and Senator Ashcroft’s record on desegre- statewide average, and 15 percent lower the sacred right to vote are part of our gation and voter registration are rel- than St. Louis County rate. whole national dialog and debate about evant to his recent visit to Bob Jones The types of barriers to voter reg- how we are going to remedy the ex- University and his interview with istration approved by Governor traordinary injustices that occurred in Southern Partisan magazine. The poli- Ashcroft and his appointed election the last election and in other elections cies of both Bob Jones University and board in the city were explicitly criti- as well, it would seem to me that all Southern Partisan magazine represent cized in the early 1980s by both Demo- citizens want to have confidence in intolerance, bigotry, and a willingness crats and Republicans in the United whomever is going to be Attorney Gen- to twist facts to create a society in States Congress. In October 1984, the eral; that they are going to protect that image. And those are policies that Subcommittee on Civil Rights and their right to vote. all Americans should reject. Constitutional Rights of the House Ju- If you were one of those Americans Displaying an extraordinary lack of sensitivity, Senator Ashcroft claims diciary Committee issued a report with who was disenfranchised in the last na- that he went to Bob Jones University the following finding: tional election and knew this par- and was interviewed by Southern Par- There is no room in our free society for in- ticular record of Mr. Ashcroft—would tisan magazine without knowing the convenient and artificial registration bar- you be wondering whether you could riers designed to impede participation in the policies and beliefs of either. Even if ever get a fair deal? those claims are true, Senator electoral process. . . . [W]e do not quarrel We ought to have an Attorney Gen- with increasing registration outreach and Ashcroft’s comments during the hear- eral in whom all Americans can have expanding the system of deputization [i.e., ing were—at best—disturbing. Senator training volunteers registrars]. confidence that their votes will be Ashcroft condemned slavery and dis- So we had the two vetoes, one where counted and counted fairly. crimination, but his response displayed In 1988, when Governor Ashcroft ve- we had a limited bill that was just tar- a fundamental misunderstanding of geted for the city of St. Louis where toed the first voter registration bill, he how certain institutions in our society they were going to, in effect, have cited two reasons. He said it was unfair perpetuate discrimination. training registrars like they had in the to pass a law requiring the city of St. Senator Ashcroft was unwilling to county. Ashcroft vetoed that bill and Louis—but no other jurisdiction—to say that he would not return to Bob said it was special legislation and, train volunteers to help register vot- Jones University. He believes his pres- therefore, he couldn’t agree to it be- ers. And he said he was urged to veto ence there may have the potential to cause it was just special to a city in the bill by his appointed St. Louis unite Americans. But to millions of Missouri. So he vetoed it. Board of Elections. (Governor’s Veto Americans, such a visit by Senator A year later, the Missouri legislature Message, June 6, 1988.) Yet every other Ashcroft as Attorney General of the passed an overall plan for the whole jurisdiction in Missouri—other than United States would be a painful and state that encouraged the appointment St. Louis City—actively trained out- divisive gesture. of training registrars, so it would have side volunteers. Similarly, on Southern Partisan application to the city of St. Louis. In 1989, the Missouri legislature, in magazine, Senator Ashcroft would only And he vetoed that again. He vetoed it an effort to respond to Governor say that he would ‘‘condemn those because he said it was too broad and Ashcroft’s concerns about unfairness, things which are condemnable.’’ Surely unnecessary. passed a second bill. This time the leg- the man who wants to sit at the head So the result of both of his vetoes islature adopted a uniform registrar of the Department of Justice should was this dramatic adverse impact on training requirement for election say more and do more where bigotry is black voter participation in the city of boards throughout the State of Mis- the issue. On the issue of women’s St. Louis. At the same time that there souri. But Governor Ashcroft vetoed rights, Senator Ashcroft’s record is were 1,500 voting registrars just outside the legislation again claiming that equally troubling. The Supreme of the core city, there were zero voting ‘‘[e]lection authorities are free to par- Court’s decision in Roe v. Wade a quar- registrars in the city of St. Louis as a ticipate with private organizations now ter century ago held that women have result of Senator Ashcroft’s actions in to conduct voter registration.’’ a fundamental constitutional right to the inner city. As a result, there was a Democrats and Republicans alike in decide whether to have an abortion. significant expansion of voter registra- the legislature said if the Governor is The Court went on to say that States tion in Republican areas, in the white going to veto it because it is targeted, may regulate the abortion procedure community, and there was the begin- we will pass one with general applica- after the first trimester of pregnancy ning of the collapse of voter registration. That is what they did, claiming in ways necessary to protect a women’s tion in the black communities. That is that election authorities are free to health. After fetal viability, a State a direct result. participate with private organizations. may prohibit abortions in cases where I will, in just a few moments, show As I mentioned, what is troubling is the procedure is not necessary to pro- this on a chart which vividly reflects there was a second veto by then Gov- tect a woman’s life or health. this in a compelling way. ernor Ashcroft. The veto effectively en- In the years since Roe v. Wade, oppo- The core question at issue in the re- sured that there would not be a ‘‘uni- nents have relentlessly sought to over- cent Florida election case was whether fied statewide’’ procedure—a result turn the decision and restrict a wom- the different county-by-county stand- that directly conflicts with the equal an’s constitutional right to choose. ards in Florida for determining what protection principles announced in the Senator Ashcroft has been one of the chief architects of that strategy. As at- constituted a valid vote were incon- Florida election case and cited by Sen- torney general of Missouri, he told the sistent with the equal protection ator Ashcroft in his testimony to our Senate Judiciary Committee in 1981: clause. Seven members of the U.S. Su- committee. preme Court, relying upon existing The facts are clear. For 8 years as I have devoted considerable time and significant resources to defending the right of precedent, concluded that the equal Governor, Senator Ashcroft had the op- the State to limit the dangerous impacts of protection clause required the applica- portunity to ensure that citizens of St. Roe, a case in which a handful of men on the tion of a uniform statewide standard Louis city—nearly half of whom are Af- Supreme Court arbitrarily amended the Con- for determining what was a valid vote. rican-American—were afforded the stitution and overturned the laws of 50 states I think it should have been that way same opportunity to register to vote as relating to abortions. by common sense, but here we have the citizens in the rest of Missouri. Instead Senator Ashcroft’s position is clear. overwhelming statement of the law by of working to expand the right to vote, He believes that, except when medi- the Supreme Court. It is something I Governor Ashcroft and his appointed cally necessary to save a woman’s life,

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.022 pfrm02 PsN: S31PT1 S850 CONGRESSIONAL RECORD — SENATE January 31, 2001 abortion should never be available, in primary health care that includes unyielding position against reproduc- even in cases involving a victim of rape diagnosis and treatment of human ill- tive rights and accept his new posi- or incest. He has said, ‘‘Throughout my ness, injury or infirmity and adminis- tion—he now views ‘‘Roe v. Wade and life, my personal conviction and public tration of medications under general Planned Parenthood v. Casey as the record is that the unborn child has a rather than direct physician guidance settled law of the land.’’ He will not fundamental individual right to life and supervision.’’ Following this opin- longer work to dismantle Roe, but to which cannot be infringed and should ion, the Missouri State Board of Reg- enforce it, he says. be protected fully by the 14th Amend- istration for the Healing Arts threat- When asked about his efforts to over- ment.’’ While I respect Senator ened the criminal prosecution of two turn Roe v. Wade, Senator Ashcroft Ashcroft’s personal convictions, they nurses and five doctors employed by told the Committee that he ‘‘did things cannot and should not be used as an ex- the East Missouri Action Agency who to define the law by virtue of lawsuits cuse to deprive women of their con- provided family planning services to . . . did things to refine the law when I stitutional right to choose. low-income women. had an enactment role.’’ But as an ex- Nevertheless, Senator Ashcroft has The nurses provided family planning, ample of his view of ‘‘defining’’ and been unrelenting in his efforts to over- obstetrics and gynecology services to ‘‘refining’’ the law, during his 1981 tes- turn Roe v. Wade. While serving as at- the public—including information on timony before the Senate Judiciary torney general and as Governor, Sen- oral contraceptives, condoms and IUDs; Committee as attorney general of Mis- ator Ashcroft constantly sought the initiatives on breast and pelvic exami- souri, Senator Ashcroft testified that passage of State antichoice legislation nations; and testing for sexually-trans- the human life bill—which would pro- and was a principal architect of a con- mitted diseases—through funding for hibit all abortions—could be constitu- tinuing nationwide litigation strategy programs directed to low-income popu- tional within the framework of Roe v. to persuade the Supreme Court to relations. The nurses were licensed pro- Wade. It is clear that as Attorney Gen- strict or overturn Roe v. Wade. In 1991, fessionals under Missouri law, and the eral of the United States, Senator as Governor, he even boasted that no doctors issued standing orders for the Ashcroft could easily feel free to define State had more abortion-related cases nurses. All services performed by the and refine Roe v. Wade out of exist- that reached the Supreme Court. nurses were carried out pursuant to ence. As attorney general, Senator those orders or well-established proto- Senator Ashcroft also wants the com- Ashcroft was so intent on restricting a cols for nurses and other paramedical mittee to believe that he won’t ask the woman’s right to choose that he per- personnel. The board, however, threat- Supreme Court to overturn Roe v. sonally argued Planned Parenthood of ened to find the nurses guilty of the Wade. The current Court has made it Western Missouri v. Ashcroft in the unauthorized practice of medicine, and clear that it will not overturn Roe. In United States Supreme Court. In that to find the physicians guilty of aiding that sense, Roe is settled law. But once case, decided in 1983, the Supreme and abetting them. the current composition of the Court Court specifically and clearly rejected, In 1983, more than 3 years after At- changes, however, President Bush and by a 6 to 3 margin, the attempt by the torney General Ashcroft issued his Senator Ashcroft will feel free to take State of Missouri to require all second opinion, the Supreme Court of Missouri steps to overturn Roe. In an interview trimester abortions to be performed in rejected the opinion, finding that noth- on January 20, 2001, President Bush a hospital. The Court did permit, how- ing in the state statutes purported to said; ever, three requirements—that a sec- limit or restrict the nurses’ and doc- Roe v. Wade is not going to be overturned ond physician be present during a post- tors’ practices, and that the nurses ac- by a Constitutional amendment because viability abortion; that a minor obtain tions ‘‘clearly’’ fell within the legisla- there’s not the votes in the House or the either parental consent or a judicial tive standard governing the practice of Senator. I—secondly—I am going to put waiver to have an abortion; and that a nursing. Although the decision ensured judges on the Court who strictly interpret that nurses in Missouri could continue the Constitution, and that will be the litmus pathology report be prepared for each test . . . I’ve always said that Roe v. Wade abortion. to provide family planning services, was—was a judicial reach. In 1986, Governor Ashcroft signed during the almost 3 years that the case If Senator Ashcroft becomes Attor- into law a bill that attempted to over- was pending, Attorney General ney General, he will be well-positioned turn Roe v. Wade by declaring that life Ashcroft’s legally untenable opinion to undermine and eliminate this most begins at conception. The bill also im- placed nurses providing gynecological basic right of privacy for all American posed numerous restrictions on a wom- services, including family planning, in women. President Bush and Senator an’s constitutional right to choose. considerable legal peril. Ashcroft will select judges and justices After signing the bill into law, Gov- Senator Ashcroft’s aggressive and who are prepared to turn back the ernor Ashcroft said, ‘‘the bill makes an vocal opposition to Roe v. Wade contin- clock to a time when women did not important statement of moral prin- ued during his service as a Member of the Senate. He voted in favor of over- have the right to choose. ciple and provides a framework to We know Senator Ashcroft is willing turning Roe v. Wade and sponsored deter abortion wherever possible.’’ to go to the courts time and time again In 1989, the bill was challenged all both a human life amendment to the to challenge settled law. State of Mis- the way to the U.S. Supreme Court in Constitution and parallel legislation. souri v. The National Organization for Webster v. Reproductive Health Serv- The human life amendment would pro- Women is a case in point. In that case, ices. The State of Missouri not only hibit all abortions except that required the organization had called for a boy- asked the Supreme Court to uphold the to prevent the death of the mother— cott of Missouri because of the failure statute, but it also specifically asked but only if every reasonable effort is by the State to ratify the equal rights the Supreme Court to overturn Roe v. made to preserve the life of the women amendment to the U.S. Constitution. Wade. The Court refused to overturn and the fetus. The proposed constitu- Senator Ashcroft told the Judiciary Roe. But by a vote of 5–4, the Court tional amendment contains no excep- Committee that the litigation brought upheld some provisions of the statute, tion for rape or incest, and no protec- in Missouri by his office against the including the prohibitions on the use of tions for a woman’s health. Because National Organization for Women was public facilities or personnel to per- the amendment and the proposed stat- well within the law. He said: form abortions. ute define life as beginning at fertiliza- In addition to his attempts to re- We filed the lawsuit, to the best of my tion, its language could also be used to recollection, because the boycott was hurt- strict a woman’s right to choose, Sen- ban any type of contraception which ing the people of Missouri, and we believed it ator Ashcroft as attorney general also prevents a fertilized egg from being im- to be in violation of the antitrust laws. The took direct and improper action that planted in the uterus, including birth lawsuit had nothing to do with the ERA . . . prevented poor women from obtaining control pills and IUDs. or the political differences that I might have gynecological and birth control serv- Two weeks ago, however, Senator had with NOW. ices. As Attorney General, he issued an Ashcroft appeared to experience a con- He went on to say: opinion stating that nurses in Missouri firmation conversion. He asked us to Now, I litigated that matter thoroughly, did ‘‘not have the authority to engage disregard his past record and and frankly, other states attempted it . . . I

VerDate 31-JAN-2001 04:11 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.011 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S851 think the law is clear now and has been clear posed amendment was actually a weak- tended to safeguard liberty forever by in the aftermath of that decision. er version of one proposed by Senator ensuring that the American people That testimony was grossly mis- FEINSTEIN. should never be out-gunned by their leading. At the time he brought the He sought to create a parental con- own government. Ruby Ridge and Waco NOW case, he law was already well-set- sent exception to Senator FEINSTEIN’s are two recent violent episodes in tled in direct opposition to Senator bill, which would have prevented juve- which groups holding these views came Ashcroft’s position. In ruling against niles from obtaining semiautomatic as- into armed conflict with federal law Attorney General Ashcroft, both the sault weapons. At the hearing, Senator enforcement. The Department of Jus- federal district court and the Eighth Ashcroft also testified that the assault tice has the all-important responsi- Circuit Court of Appeals relied upon weapons ban, the Brady law, licensing bility to enforce the laws against such the Supreme Court’s decision in East- and registration of guns, and manda- extremist groups. Yet Senator ern Railroad Presidents Conference v. tory child safety locks are all constitu- Ashcroft’s past rhetoric has supported Noerr Motor Freight, Inc.—a case de- tional. these extremist views and causes le- cided 17 years before Senator Ashcroft Although Senator Ashcroft’s testi- gitimate concern that his views are so brought suit against NOW. The Attor- mony was intended to ease our con- outside the mainstream of American ney General said in that case: cerns about his willingness to enforce thought that as Attorney General he [The Sherman Act] . . . is a code that con- gun control laws, it is difficult to rec- will be unable and unwilling to enforce demns trade restraints, not political activ- oncile what he said last week with his the gun laws and pursue prosecutions ity, and, a publicity campaign to influence rhetoric and his record. Contrary to his against militia groups for violations of governmental action falls clearly into the testimony, Senator Ashcroft has pre- Federal laws. category of political activity. viously stated that individuals have a Although Senator Ashcroft testified Still, Attorney General Ashcroft was virtually unconditional right to bear that he believes in the constitu- not deterred, even though the district arms under the second amendment. In tionality of the assault weapons ban, court and the court of appeals had a 1998 hearing, he commented on court the Brady law, gun licensing and reg- ruled against him, relying upon the decisions, which noted that the second istration, and mandatory child safety clear U.S. Supreme Court precedent. amendment does not guarantee indi- locks on guns, he voted to oppose legis- Senator Ashcroft persisted and asked viduals unrestricted rights to keep and lation in these areas. He voted against the Supreme Court to review the NOW bear arms. Senator Ashcroft expressed the ban on the importation of high am- case. The Court refused even to hear his disagreement with the view accept- munition magazines. He voted against the case. ed by every federal appellate court and closing the gun show loophole. He It is deeply troubling that as attor- the Supreme Court, that the second voted for a measure to impede imple- ney general, Senator Ashcroft used amendment was intended to protect mentation of the National Instant state resources to litigate a weak case state-regulated militias, but does not Check System. He voted twice to weak- that rested on an argument rejected by entitle individuals to possess or use en existing law by removing the back- the Supreme Court years ago. But, as weapons connected with participation ground check requirements on pawn- with the litigation surrounding the in private militias. He criticized these shop redemptions and by allowing deal- voluntary school desegregation plan, court decisions, stating, ‘‘The argu- ers to sell guns at gun shows in any he preferred to fight on in appeal after ment makes no sense to me.’’ At the state. He voted twice against bills to appeal in a losing and illegitimate bat- 1998 hearing, Senator Ashcroft went on require child safety locks, and he voted tle, rather than surrender to justice to say: against regulating firearms sales on and protect the rights of women. Indeed, the second amendment—like the the Internet. Mr. President, just for the informa- First—protects an important individual lib- tion of Members, I have probably 4 or 5 erty that in turn promoted good govern- Senator Ashcroft testified that he ment. A citizenry armed with the right to more minutes. I know other wish to supported funds for gun prosecution possess firearms and to speak freely is less initiatives. However, he has voted to speak. Than I will put the rest of the likely to fall victim to a tyrannical central statement in the RECORD. government than a citizenry that is dis- reduce funding in other areas vital to Mr. President, Senator Ashcroft’s op- armed from criticizing government or de- gun law enforcement. For example, he position to gun control, his interpreta- fending themselves. voted against funding to implement tion of the second amendment, and his Senator Ashcroft’s extreme view of background checks under the Brady advocacy of extremist gun lobby pro- the second amendment parallels his law, named after former Reagan Press posals are also very disturbing. Over rhetoric comparing today’s elected of- Secretary James Brady. Indeed, Sen- 30,000 Americans lose their lives to gun ficials with the despots of the 18th cen- ator Ashcroft has referred to James violence every year, including over tury. The pro-gun Citizens Committee Brady, a brave and patriotic American, 3,000 children and teenagers. Our Na- for the Right to Keep and Bear Arms as ‘‘the leading enemy of responsible tion’s level of gun violence is unparal- reported that Senator Ashcroft com- gun owners.’’ When provided the oppor- leled in the rest of the world. In re- pared ‘‘today’s power brokers and pol- tunity to express regret for making sponse to the devastation caused by icy wonks’’ in the Federal Government such an unjustified statement, Senator gun violence, the majority of Ameri- to the ‘‘European despots from whom Ashcroft declined. cans support stricter gun control laws our Founding Fathers fled.’’ He has ex- Senator Ashcroft is also closely tied and vigorous enforcement of the laws plained that individuals should be al- to the gun lobby and he has often ac- now on the books. lowed to ‘‘keep and bear arms’’ because cepted contributions from these orga- Contrary to the majority of the ‘‘I am fearful of a government that nizations and supported their agendas. American public, Senator Ashcroft vig- doesn’t trust the people who elected During the hearing, he told us that orously opposes stricter gun control them.’’ Are we talking about our sys- keeping guns out of the hands of felons laws. He addressed this issue during tem of government? Are we talking is a ‘‘top priority’’ of his. Yet, in 1998, the hearing, where he seemed to about that? this did not seem to be a top priority change his long held beliefs and empha- Unfortunately, Senator Ashcroft’s for him. He supported an NRA-spon- sized his commitment to enforce the rhetoric and record lend undeserved sored ballot initiative that would have gun laws and defend their constitu- credibility and legitimacy to the views allowed almost anyone to carry con- tionality. He testified that ‘‘there are espoused by anti-government militia cealed guns in Missouri. The proposal constitutional inhibitions on the rights groups in our Nation. Members of these was so filled with loopholes that it of citizens to bear certain kinds of groups believe the second amendment would have allowed convicted child arms.’’ Saying he supported some con- gives them the right to form private molesters and stalkers to carry semi- trols, Senator Ashcroft referred to his armies as a check against federal automatic pistols into bars, sports sta- attempt to amend the juvenile justice power. These militia groups point out diums, casinos, and day care centers. bill to make semiautomatic assault that guns are not for hunting or even The proposal was opposed by numerous weapons illegal for children. However, protecting against crime. Rather, they law enforcement groups and many in he neglected to mention that his pro- say, the second amendment was in- the business community. Proponents of

VerDate 31-JAN-2001 04:20 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.012 pfrm02 PsN: S31PT1 S852 CONGRESSIONAL RECORD — SENATE January 31, 2001 the measure say Senator Ashcroft vol- trol laws such as the Brady Law, the heard. By contrast, his predecessor unteered his help to support the ref- assault weapons ban, and other stat- Judge Thomas, also an Ashcroft ap- erendum, even recording a radio ad en- utes. It is also important to have an pointee, voted to reverse 47 percent of dorsing the proposal. Senator Ashcroft Attorney General with a responsible the death sentences he reviewed. There stated in response to written questions view of proposed legislation when the is no significant difference between that ‘‘Although [he did] not recall the Department of Justice is asked to com- Judge White’s record on the death pen- specific details, [his] recollection is ment on it. alty and the records of his colleagues that supporters of the referendum ap- Senator Ashcroft’s handling of judi- on the court. proached [him] and asked [him] to cial and executive branch nominations Some law enforcement officials in record the radio spot.’’ The fact re- also raises deep concerns. In four of the Missouri did oppose the White nomina- mains that Senator Ashcroft did sup- most divisive nomination battles in the tion. But many Missouri police offi- port the referendum and did record the Senate in the 6 years he served with us, cials supported Judge White. He had radio spot. Few can doubt that as a Senator Ashcroft was consistently in- the support of the State Fraternal seasoned politician, Senator Ashcroft volved in harsh and vigorous opposi- Order of Police. The head of the FOP made himself fully aware of the con- tion to the confirmation of distin- said, ‘‘The record of Justice White is tents of the referendum before lending guished and well-qualified African one of a jurist whose record on the his name to it. And if he did not, there Americans, an Asian American and a death penalty has been far more sup- is even greater reason to question his gay American. portive of the rights of victims than judgment and suitability for such a When President Clinton nominated the rights of criminals.’’ Judge White high and important position in our fed- Judge Ronnie White of the Missouri was also endorsed by the chief of police eral government. Supreme Court to be a federal district of the St. Louis Metropolitan Police Senator Ashcroft championed the court judge, Senator Ashcroft fla- Department. The president of the Mis- NRA’s concealed weapon proposition in grantly distorted the record of the souri Police Chiefs Association de- 1998. But in 1992, while governor of Mis- nominee and attacked him in the scribed Judge White as ‘‘an upright, souri, he had voiced his concerns about strongest terms. He accused Judge fine individual.’’ such a measure. As Governor, he stated White of being ‘‘an activist with a In Senator Ashcroft’s statements on he had ‘‘grave concerns’’ about con- slant toward criminals.’’ He accused the Senate floor on the nomination, he cealed carry laws. He stated, ‘‘Overall, him of being a judge with ‘‘a serious focused on a small number of Judge I don’t know that I would be one to bias against a willingness to impose White’s opinions. A review of Judge want to promote a whole lot of people the death penalty.’’ He accused him of White’s entire record suggests that carrying concealed weapons in this so- seeking ‘‘at every turn’’ to provide op- those cases were taken very much out ciety.’’ He further stated, ‘‘Obviously, portunities for the guilty to ‘‘escape of context. In two of them, there were if it’s something to authorize everyone punishment.’’ He accused him of voting serious questions about the com- to carry concealed weapons, I’d be con- ‘‘to reverse the death sentence in more petency of the defendant’s trial coun- cerned about it.’’ When asked about his cases than any other [Missouri] Su- sel. In the third, there was evidence of change of view in deciding to support preme Court judge.’’ racial bias by the trial judge. Those the 1998 initiative, Senator Ashcroft When questioned about Judge cases were not disagreements about the said he changed his position because of White’s nomination, Senator Ashcroft death penalty. The issue was whether ‘‘Research plus real-world experi- did not retreat from his characteriza- the defendant had received a fair trial. ences.’’ However, Senator Ashcroft’s tion of Judge White’s record, although Judge White’s dissent in one of those research was so flawed that he re- a review clearly demonstrates that cases makes this point in the clearest sponded to written questions that ‘‘[t]o Senator Ashcroft’s charges were base- terms: the extent there were loopholes in Mis- less. This is a very hard case. If Mr. Johnson souri law’’ that would permit convicted Judge White is not an ardent oppo- was in control of his faculties when he went child molesters and stalkers to carry nent of the death penalty. He voted to on this murderous rampage, then he as- concealed weapons, he was ‘‘unaware of uphold death penalty convictions in 41 suredly deserves the death sentence he was those provisions at the time.’’ Later, it cases, and voted to reverse them in given . . . I am not convinced that the per- was reported that the gun lobby spent only 17 cases. His votes in death pen- formance of his counsel did not rob Mr. alty cases were not significantly dif- Johnson of any opportunity he might have $400,000 in support of Senator had to convince the jury that he was not re- Ashcroft’s Senate reelection campaign. ferent from the votes of the other sponsible for his actions. This is an excellent He became ‘‘the unabashed celebrity members of the Missouri Supreme example of why hard cases make bad law. spokesman . . . for the National Rifle Court—judges whom Senator Ashcroft While I share the majority’s horror at this Association’s recent attempts to arm appointed when he was Governor. In carnage, I cannot uphold this as an accept- citizens with concealed weapons in more than half of the 17 cases in which able standard of representation for a defend- Missouri,’’ according to a column by Judge White voted to overturn a death ant accused of capital murder. Laura Scott in the Kansas City Star. sentence, he was voting with the ma- Senator Ashcroft’s statements on the The Citizens’ Committee for the jority—with Ashcroft appointees. White nomination strongly suggest Right to Keep and Bear Arms gave Sen- Seven of these cases were unanimous that Senator Ashcroft has a misguided ator Ashcroft the ‘‘Gun Rights De- decisions. There were only three death view of the role of judges in our con- fender of the Month’’ Award for leading penalty reversals in which Judge White stitutional system. To label a judge the opposition to David Satcher’s nom- was the only judge who voted to over- ‘‘pro-criminal’’ based on isolated opin- ination to be Surgeon General. The turn the conviction. In fact, four of the ions over the course of an entire career group objected to Dr. Satcher because justices whom Senator Ashcroft named is wrong. Judges are obliged to decide he advocated treating gun violence as a to the court have voted to overturn individual cases according to the republic health problem. more death penalty convictions than quirements of law, including the Con- Based on his close ties to the gun Judge White. That record is not the stitution. Judge White has frequently lobby and his strong support for their record of ‘‘an activist with a slant to- voted to affirm criminal convictions, agenda, it is difficult to have con- ward criminals.’’ including 41 capital cases. The fact fidence that Senator Ashcroft will fully In fact, Judge White’s record in death that he reached a contrary position in and fairly enforce the nation’s gun con- penalty cases shows him to be in the a few cases should not disqualify him trol laws and not seek to weaken them. Missouri mainstream. Four of his col- to be a federal judge. Senator Ashcroft has shown time and leagues who were appointed to the What is most noteworthy about Sen- time again that he supports the gun bench by Governor Ashcroft have voted ator Ashcroft’s attacks on Judge White lobby and opposes needed gun safety to overturn between 22 percent and 25 is the extraordinary degree to which measures. Given the important litiga- percent of the death penalty convic- Senator Ashcroft distorted the record tion in the federal courts, it is impera- tions they considered. Judge White in order to portray Judge White’s con- tive to have an Attorney General who voted to reverse the convictions in 29 firmation as a referendum on the death will strongly enforce current gun con- percent of the death penalty cases he penalty. This is a judge who had voted

VerDate 31-JAN-2001 04:20 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.014 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S853 to uphold more than 70 percent of the the use of AZT to prevent the spread of The case of James Hormel is also es- death penalty convictions he had re- HIV in pregnancy. That meeting re- pecially troubling. When Mr. Hormel viewed. Yet Senator Ashcroft never sulted in the recommendation that was nominated by President Clinton to questioned Judge White about these studies be conducted in developing serve as Ambassador to Luxembourg, issues at the committee hearing on countries to test the effectiveness and Senator Ashcroft and Senator HELMS Judge White’s nomination, and he safety of short-term AZT therapy that were the only two members of the For- never gave Judge White an opportunity could be used in developing countries eign Relations Committee to oppose to explain his reasons for dissenting in and that those studies be placebo-con- the nomination. Although Senator the three cases before unfairly attack- trolled to ensure safety in areas with Ashcroft voted against Mr. Hormel, ing his record. various immune challenges. Approval Senator Ashcroft did not attend the It appears that Senator Ashcroft had was obtained by ethics committees in confirmation hearings, did not submit decided to use the death penalty as an this country and the host countries and written questions, and refused Mr. issue in his campaign for re-election to by the UNAIDS program. The National Hormel’s repeated requests to meet or the Senate, and to make his point, he Institutes of Health and the Centers for speak by phone to discuss the nomina- cruelly distorted the honorable record Disease Control agreed to support the tion. of a distinguished African American studies in order to save lives in devel- In 1998, when asked about his opposi- judge and denied him the position he oping countries. tion to Mr. Hormel’s nomination, Sen- deserved as a federal district court Many leaders in the medical field ator Ashcroft stated that homosex- judge. As I said at the hearing, what supported the studies. Dr. Nancy uality is a sin and that a person’s sex- Senator Ashcroft did to Judge White is Dickey, AMA president-elect at the ual conduct ‘‘is within what could be the ugliest thing that has happened to time, said that the studies in Africa considered and what is eligible for con- a nominee in all my years in the Sen- and Asia were ‘‘scientifically well- sideration.’’ Senator Ashcroft also pub- ate. founded’’ and carried out with ‘‘in- licly stated in 1988 that: ‘‘[Mr. Senator Ashcroft was also asked formed consent.’’ Those who did not Hormel’s] conduct and the way in about the nominations of Bill Lann Lee support the studies still supported Dr. which he would represent the United to serve as Assistant Attorney General Satcher’s nomination. Dr. Sidney States is probably not up to the stand- for Civil Rights, Dr. David Satcher to Wolfe, Director of Public Citizen’s ard that I would expect.’’ Health Research Group, said that while serve as Surgeon General of the United Senator LEAHY asked Senator he had for many months expressed op- States, and James Hormel to serve as Ashcroft at the Judiciary Committee position to the AZT experiments, it U.S. Ambassador to Luxembourg. hearings whether he opposed Hormel’s Senator Ashcroft told the committee represented an honest difference of nomination because of Hormel’s sexual opinion with Satcher. He said he fully that he could not support Mr. Lee be- orientation. Senator Ashcroft re- supports the nomination. ‘‘I think he’d cause he had ‘‘serious concerns about sponded ‘‘I did not.’’ Instead, Senator make an excellent surgeon general,’’ his willingness to enforce the Adarand Ashcroft claimed that he had ‘‘known Wolfe said. ‘‘I have known him and I decision’’ on affirmative action. In Mr. Hormel for a long time’’—Mr. admire him.’’ truth, however, Mr. Lee’s position on Senator Ashcroft also mis-character- Hormel had been a dean of students at affirmative action was well within the ized Dr. Satcher’s role in the survey of the University of Chicago law school mainstream of the law, and he repeat- HIV child-bearing women. In 1995, when Senator Ashcroft was a student edly told the committee that he would seven years after the survey began dur- there in the 1960s. Senator Ashcroft re- follow the Supreme Court’s ruling in ing the Reagan administration, Dr. peatedly testified that he based his op- the Adarand case. As Senator LEAHY Satcher, as acting CDC director, and position to Mr. Hormel on the ‘‘total- said during the Ashcroft confirmation Dr. Phil Lee, former Assistant Sec- ity of the record.’’ hearings. retary for Health, halted the HIV sur- Mr. Hormel was so troubled by Sen- Mr. Lee testified on a number of occa- vey. They did so because of a combina- ator Ashcroft’s testimony that he sions—in fact, testified under oath, includ- tion of better treatment options for wrote to the committee and said the ing, incidentally, directly in answer to your children with HIV, the discovery of a following: questions, that he would enforce the law as I want to state unequivocally and for the declared in Adarand. And he also said, in di- therapeutic regimen to reduce mother- to-infant HIV transmission, and a record that there is no personal or profes- rect answer to questions of this committee, sional relationship between me and Mr. he considered the Adarand decision of the greater ability to monitor HIV trends Ashcroft which could possibly support such a Supreme Court as the controlling legal au- in women of childbearing age in other statement. The letter continued, I have had thority of the land, that he would seek to en- ways. no contact with him [Ashcroft] of any type force it, he would give it full effect... The HIV tests had begun in 1988, five since I left my position as Dean of Students Similarly, Senator Ashcroft said he years before Dr. Satcher joined the . . . nearly thirty-four years ago, in 1967 . . . did not support Dr. Satcher to be Sur- CDC. The tests were supported by pub- For Mr. Ashcroft to state that he was able to geon General because he: lic health leaders at every level of gov- assess my qualifications . . . based upon his Supported a number of activities that I ernment as a way to monitor the HIV/ personal long-time relationship with me is thought were inconsistent with the ethical AIDS epidemic. These surveys were de- misleading, erroneous, and disingenuous . . . obligations of a medical doctor and a physi- I find it personally offensive that Mr. signed to provide information about Ashcroft, under oath and in response to your cian, particularly the surgeon the level of HIV in a given community general...for example he supported an direct questions, would choose to misstate without individual information. The the nature of our relationship, insinuate ob- AIDS study on pregnant women in Africa Survey of Child-Bearing Women was where some patients were given placebos, jective grounds for voting against me, and even though a treatment existed to limit one of the HIV surveys conducted deny that his personal viewpoint about my transmission of AIDS from the mother to the under the program. It was funded by sexual orientation played any role in his ac- child...I, secondly, believed his willing- the CDC and conducted by the states. tions. ness to send AIDS-infected babies home with Forty-five states, including Missouri We should all be deeply concerned their mothers without telling their mothers while Senator Ashcroft was Governor, about Senator Ashcroft’s willingness to about the infection of the children was an- participated in the survey and re- mislead the Judiciary Committee other ethical problem that was very serious. quested and received federal funds from about his reasons for opposing the In fact, at the time of the debate on the CDC to conduct it. The survey was Hormel nomination. As the St. Louis the Satcher nomination in 1997, ap- important to public health officials at Post-Dispatch noted on January 22, proximately 1,000 babies were born the time, because it was the only unbi- 2001. ‘‘[T]he most disturbing part of Mr. with HIV every day. Most of the births ased way to provide a valid estimate of Ashcroft’s testimony was the way in were in developing countries, where the the number of women with HIV and which he misstated important parts of U.S.-accepted regimen of AZT treat- their demographic distribution. Dr. his record.’’ ment is not practical because of safety Satcher’s participation in the survey In conclusion, the Attorney General and cost concerns. In 1994, the World was justified, and it was not a valid of the United States leads the 85,000 Health Organization had called a meet- reason for Senator Ashcroft to deny men and women who enforce the na- ing of international experts to review him confirmation as Surgeon General. tion’s laws in every community in the

VerDate 31-JAN-2001 04:20 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.016 pfrm02 PsN: S31PT1 S854 CONGRESSIONAL RECORD — SENATE January 31, 2001 country. The Attorney General is the pro-choice or if they are anti-gun, then them in these press conferences behind the nation’s chief law enforcement officer they can be. attempt to kill the Ashcroft nomination. and a symbol of the nation’s commit- I again remind my colleagues that You can’t say it any better than ment to justice. Americans from every the vote on Janet Reno was 98–0. Most that. People should be ashamed of walk of life deserve to have trust in of us on this side of the aisle would themselves. Who did our side oppose on him to be fair and just in his words and agree that her views and ours were a Cabinet appointment in the Clinton in his actions. He has vast powers to quite different, but we supported her administration? They all were ap- enforce the laws and set priorities for nomination because the President of proved by voice vote, with the excep- law enforcement in ways that are fair the United States has a right to pick tion of Janet Reno. That was 98–0. or unfair—just or unjust. his or her Cabinet. That is a fact. The activist Democrats shooting at John When a President nominates a person I will respond directly to this anti- Ashcroft in his bid to become America’s next to serve in his Cabinet, the presump- Catholic charge. It is so outrageous, I Attorney General have revealed the ugliness tion is rightly in favor of the nominee. don’t know how people can look in the about themselves, not the nominee. But Senator Ashcroft has a long and mirror, to be candid about it, and do So said Betsy Hart of Scripps How- detailed record of relentless opposition this kind of personal destruction. ard. That is the truth. There is the ug- on fundamental issues of civil rights Let me read from a copy of a letter I liness. It is not John Ashcroft. John and other basic rights of vital impor- just received from Senator KENNEDY’s Ashcroft sat on that committee on a tance to all the people of America, and own cardinal, Cardinal Law. I will read panel and took those questions and the people of this country deserve bet- it into the RECORD: took that abuse. He was decent, re- ter than that. Americans are entitled DEAR SENATOR ASHCROFT: Let me begin by spectful, honorable, gracious, and took to an Attorney General who will vigor- expressing my deep dismay at the unfounded it all. ously fight to uphold the law and pro- and scurrilous charge that you could pos- He is above them all. He showed it on tect our constitutional rights. Based sibly harbor anti-Catholic feelings. I was as- national television. He is above them tounded to hear that anyone was making on a detailed review of his long record such a ridiculous accusation. all. His critics couldn’t tie his shoe in public service, Senator Ashcroft is From any time as Bishop of Springfield/ laces or even shine his boots. not that man. I urge the Senate to vote Cape Girardeau until today, I have always Betsy Hart also said: no on this nomination. found you to be a man of honor, integrity Apparently these folks are so comfortable Mr. President, since I see a number of and deep faith. I recall with great fondness with using cabinet offices to create law in- my colleagues, I will take the oppor- the many opportunities we had to work to- stead of to enforce existing laws and so con- tunity, when there is a pause in the gether on many issues affecting the lives of tent to see judges write new law instead of Senate, to complete my statement. At the good people of the State of Missouri. In interpret existing law, they can’t fathom a this time, I yield the floor. a particular way, I recall how kind and responsible officeholder who will honor the thoughtful you were to invite me to address The PRESIDING OFFICER (Mr. rule of law. The Governor’s Annual Prayer Breakfast on You cannot say it any better than BURNS). The Senator from New Hamp- January 9, 1992 when you were serving as the shire. Governor of Missouri. On that same day you that, if you are prepared for 10 years. Mr. SMITH of New Hampshire. Mr. also honored me with an invitation to ad- That sums it up in a nutshell. They are President, I consider it an honor and dress The Governor’s Leadership Forum on so used to using these positions to cre- privilege to stand here today in sup- Faith and Values. College students, then and ate law, they can’t believe a person port of the nomination of John now, are beneficiaries of your generous love such as John Ashcroft, who will say to Ashcroft to be Attorney General of the and concern for them and their futures. I do you: I worked as hard as I could as a United States. Contrary to some of the not recall that you made any distinctions be- Member of the Senate to create laws tween black and white, Protestant, Catholic for what I believe in. So does every- rhetoric we have been hearing from the or Jew in your desire to instill in them a other side, everybody in this institu- love for their faith, their families and one body else on the left, and you have tion knows he is one of the finest peo- another as brothers and sisters in the human every right to do that. But there is a ple who ever served here. He is a man family. difference between that John Ashcroft of great religious faith, a moral man. Let me assure you, John, of my prayers. and the John Ashcroft, however reluc- Yet as we listen to this debate, if it Asking God to bless you, Janet, the chil- tant he may be, who will step up to the wasn’t for the fact that it was so per- dren and all whom you hold dear and with plate as the Attorney General of the warm personal regards. I am United States and enforce the law— sonally destructive and so vindictive, Sincerely yours in Christ, yes, even the laws he doesn’t like. His it would be humorous. BERNARD F. LAW, We have a man who served 6 years in Archbishop of Boston. record proves he did it over and over and over and over and over again. the Senate, served two terms as Gov- Mr. President, there are a long line of There is not one shred of evidence to ernor, two terms as attorney general of people on the basis of their position on indicate that he didn’t do it. the State of Missouri. Yet to hear the life who couldn’t be Attorney General. I am sick and tired of the hypocrisy debate, he is anti-child, anti-woman, We could start with Jesus Christ him- in this place. Much was made about an- anti-black, anti-gay, anti-Catholic. self. We could also add to that list the other issue; when you start getting What else can possibly be said? Pope, Mother Teresa, all the cardinals into the racial charges, that hits right One thing we can certainly be as- in the United States. We are going to below the belt. I am going to answer it. sured of—the left knows how to play have to eliminate a whole lot of people. It deserves to be answered. Is there politics. They do it well, and I com- It is so outrageous and, frankly, pa- anybody in here whose spouse taught mend them for it. Unfortunately, thetic, it really exposes the left for for several years at a predominantly though, sometimes in politics, one de- what they are. stroys unfairly the reputations of peo- It exposes the left for what they are. black school? Is that racist? In the ple who don’t deserve it. That is what Let me read part of a comment made news today is speculation that his No. offends me the most. I will not use the by Bill Bennett: 2 person may, in fact, be black. So what. The most qualified person should term ‘‘anger,’’ but it does offend me What you are seeing is the true face of the that this kind of personal destruction Democratic Party. What you are seeing is be who he picks. Then the issue of de- has to be used. them saying to a man ‘‘you are perfectly desegregation in the St. Louis matter be- I recall the comments earlier in the cent, everything you have done is within the fore the Governor and the attorney debate today of Senator LEAHY when law, you haven’t harbored any illegal aliens, general. During that suit, the job of he said there are 280 million Americans you have never left the scene of a crime, you the attorney general and the Governor with divergent ethnic backgrounds and led an exemplary life, but we don’t approve was to support the State’s position, to political views. Out of that 280 million of your views. You dare to say you are pro- defend the State. It wasn’t about seg- Americans, according to the left, if life, you dare to say you are opposed to re- regation. It was about taxes. It was verse discrimination and for that you will there are any of those 280 million pay. For that we will make this experience about busing. It was a very controver- Americans who are conservative and something you will never forget.’’ I hope sial issue. Those who opposed busing or happen to be pro-life or pro-gun, they they do it. I hope the American people watch imposing taxes by the courts on the can’t be Attorney General. If they are it. If you want to see the haters, you’ll see citizens were not racists.

VerDate 31-JAN-2001 04:20 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.018 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S855 Anyone who implies that is flat out Presidency and had the right to pick was about a judge who some of us wrong. If John Ashcroft is guilty of his Attorney General. That is the situ- thought—55 of us, as a matter of fact— segregation because he defended the ation right now. George Bush is the thought shouldn’t be on the court be- State, then why is Jay Nixon, who is President, and he has the right to pick. cause of his views on crime. the attorney general, himself, not If you think John Ashcroft is not going I urge my colleagues to rethink their guilty of the same thing? Why is it to enforce the law, then say so. If you positions and understand it is impor- that two prominent Members of this think he is a racist, say so. But there tant that we understand that a Presi- body—I will introduce this into the is not one shred of evidence that indi- dent should pick his nominee and that RECORD—Senator KENNEDY and Senator cates otherwise. this nominee is a fine man—one of the HARKIN—invite you to a breakfast ‘‘to This business about Ronnie White is finest who ever served here. He should meet and support Missouri Senate can- so outrageous that it really just defies be confirmed, and I hope he will be con- didate, Attorney General Jay Nixon, logic to talk about it. firmed, as the next Attorney General. Tuesday, March 31, 1998, at The Mon- The National Sheriffs’ Association I yield the floor. ocle for a contribution of $5,000 or fin- wrote a letter, and I ask unanimous The PRESIDING OFFICER. The Sen- ish your max-out?’’ He did the same consent that the letter be printed in ator from Maryland. Ms. MIKULSKI. Thank you very thing as Ashcroft did. And it is hypoc- the RECORD. There being no objection, the letter much. risy to stand here and say this to de- Mr. President, as we consider the stroy the reputation of one of the fin- was ordered to be printed in the RECORD, as follows: nomination of John Ashcroft for Attor- est people who ever served here. ney General, I would like to com- Mr. President, I ask unanimous con- NATIONAL SHERIFFS’ ASSOCIATION, Alexandria, VA, January 11, 2001. pliment the Judiciary Committee on sent that this announcement be print- their process and deliberation in bring- ed in the RECORD. Hon. BOB SMITH, Dirksen Senate Office Building, ing this nomination to the floor. There being no objection, the mate- On my side of the aisle, I would like rial was ordered to be printed in the Washington, DC. DEAR SENATOR SMITH: On behalf of the Na- to be particularly complimentary of RECORD, as follows: tional Sheriffs’ Association (NSA), I am the leadership provided by Senator SENATOR TED KENNEDY & writing to offer our strong support for the PATRICK LEAHY and, of course, the SENATOR TOM HARKIN nomination of Attorney General Designate work done by Senator ORRIN HATCH. I INTITE YOU FOR BREAKFAST TO MEET AND John Ashcroft. As the voice of elected law believe the deliberations were fair, rig- SUPPORT enforcement, we are proud to lend our support to his nomination and look forward to orous, thorough, and conducted in a MISSOURI SENATE CANDIDATE his confirmation by the Senate. tone that was really becoming of the ATTORNEY GENERAL JAY NIXON As you know, NSA is a non-profit profes- U.S. Senate. I would like to congratu- TUESDAY, MARCH 31, 1998 sional association located in Alexandria, late my colleagues on that. THE MONOCLE Virginia. NSA represents nearly 3,100 elected As I consider the nomination of all 8:30 AM–9:30 AM sheriffs across the Nation and has more than the Cabinet members, particularly this 20,000 members including deputy sheriffs, one, I want to speak first about the RSVP to Jill Gimmel—202–546–9494 other law enforcement professionals, stu- or Don Erback—202–546–9292 statement that said a President is enti- dents and others. tled to his nominees. The nominations Contribution: $5,000 or Finish Your Max-Out NSA has been a long time supporter of to head up the executive branch are Mr. SMITH of New Hampshire. Kay John Ashcroft and in 1996, he received our prestigious President’s Award. After review- not entitlement programs. There is James said it about as well as you can ing Senator Ashcroft’s record of service, as it nothing entitlement about it. In fact, say it. ‘‘Religious profiling,’’ that is relates to law enforcement, we have deter- we were given a constitutional man- what it is. You can’t be a man of faith mined that he will make an outstanding At- date to examine each and every nomi- or a woman of faith. You can’t be that. torney General and he is eminently qualified nee and to give our advice and consent You can’t have views that differ with to lead the Department of Justice. NSA feels to the President of the United States. the left. Otherwise, you can’t serve. that Senator Ashcroft will be an outstanding The founding fathers were very clear That is it. Attorney General for law enforcement and the U.S. Senate should confirm him. that the Senate should not be a rubber Bipartisanship? I will tell you how I look forward to working with you to en- stamp in terms of a Presidential set of far it reaches when we agree with that. sure that the U.S. Senate confirms Attorney nominees. The President is entitled to That is when we get bipartisanship. General Designate Ashcroft. fair consideration of those nominees, They never come over to agree with us. Sincrely, but not for us to be a rubber stamp. That is what this debate is about. It is JERRY ‘‘PEANUTS’’ GAINS, On each and every one of those nomi- about the continuation of the election. President. nees, I have given my independent The election is over. Hello, the election Mr. SMITH of New Hampshire. The judgment and have voted for most of is over, folks. National Sheriffs’ Association wrote a President Bush’s nominations because The President of the United States letter on behalf of John Ashcroft for I think they meet three tests: Com- should pick his Cabinet. That is the Attorney General. petency, integrity, and a commitment right thing to do, and every one of you On this business about Ronnie White, to the mission of the agency. knows it. To get into this character as- the truth of the matter is the indi- President Bush in his inaugural ad- sassination of racism, anti-Catholic, vidual accused of that crime, Mr. John- dress pledged to ‘‘work to build a single antigay, anti-this, anti-that—there is son, went on a 24-hour crime spree, nation of justice and opportunity.’’ Yet not a shred of evidence about John killed three sheriffs, killing the wife of one of his first acts was to choose John Ashcroft that would indicate that, and another one at a party during the Ashcroft to lead the Department of you ought to examine your conscience Christmas holidays, and he was given Justice, someone who has had an ex- before you vote. all kinds of legal defenses. Ronnie treme ideological agenda on civil John Ashcroft is well qualified to be White argued that Johnson’s defense rights, on a woman’s right to choose, Attorney General, maybe one of the team, a group of three private attor- on gun control, his positions are far most qualified ever to even be put up neys with extensive trial experience, outside the mainstream. Often, his for nomination. had provided ineffective assistance. rhetoric has been harsh and wounding. During the debate on Janet Reno, I Fine; he has a right to do that. Ronnie As attorney general and Governor of recall her views against the death pen- White was a judge. He had a right to Missouri; he pushed systematically and alty. I happen to support the death say this guy deserves some more help. regularly for the disempowerment of penalty. I voted for Reno because Reno But he also has to expect that if you people of color and the said she would enforce the law, and if make those kinds of decisions, some- disempowerment of women to have ac- the law of the land is the death pen- body may hold that against you when cess to health services related to their alty, she said she would enforce it. you go up for another judgeship some- own reproduction. That is fine. where. Can anyone be surprised that this Do I agree with everything Janet That is all it was. That is what that nomination is divisive? This is not a Reno did? No. Bill Clinton won the was about. It wasn’t about racism; it time in our history for further division.

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.032 pfrm02 PsN: S31PT1 S856 CONGRESSIONAL RECORD — SENATE January 31, 2001 My wonderful colleague from New When I looked at John Ashcroft and ing hate crime laws? Will he rec- Hampshire left the floor. I want to say his record as attorney general and as ommend that the President expand something. I don’t have a litmus test Governor, I was deeply troubled. What them? on nominations. I don’t have a single I was troubled about was how he en- The Justice Department is called issue by which I judge any and of all forced issues, his record on civil rights, upon to enforce other laws. One of the the nominees. He raised the issue, and on a woman’s right to choose, on en- big flashing yellow lights is racial appropriately, that if you are not pro- forcing the laws. profiling. By the way, the former Gov- choice, can you be confirmed in the On civil rights, the Attorney General ernor of New Jersey was called into Senate, or can you get Democratic of the United States decides how vigor- question about the way she enforced votes? The answer is yes, and right ously we enforce existing civil rights racial profiling, but I voted for her to here. laws. The Civil Rights Division mon- be EPA Administrator because that is I will give you an example. Governor itors and ensures that school districts not the issue in being an EPA Adminis- Thompson has now been appointed our comply with desegregation. Yet as at- trator. Again, no litmus test and no Secretary of HHS. I am pro-choice. torney general, John Ashcroft strenu- listening to the so-called left-wing Governor Thompson is not. I did not ously opposed a voluntary court-or- groups they talk about. Please let’s hesitate to vote for Governor Thomp- dered desegregation plan agreed to by end this demeaning of groups. son because I looked at the pattern of all parties. He even tried to block this The NAACP, People for the American the way he governed. He is a champion after a Federal court found that the Way, the ACLU, these are part of of welfare rights and truly a compas- State was acting unconstitutionally America. Senator Ashcroft could have sionate conservative—one of the first and then went on to vilify the court for acted in racial profiling, but he held it to have a State version of a woman’s their position. up in committee. He was quite passive. health agenda, a real commitment to One of the fundamental civil rights is Is he going to be passive when it comes dealing with the tragedy of long-term the right to vote. Didn’t we just go to this as Attorney General? I wonder. care and extra support to care givers. through that in the most closely con- Then we have activism. Bill Lann This is a Cabinet member I want to tested election? Every vote does count, Lee was nominated for the Assistant work with in constructive dialog. and everybody who can should be reg- Secretary for Civil Rights—a compel- I had no litmus test. I don’t believe istered. Yet as Governor, he vetoed the ling story, a man of great talent, a my colleagues do. I believe among our Voter Registration Reform Act which man who worked his way up, not un- own side of the aisle there are people would have significantly increased mi- like some of the nominees given to us about which it is not whether you are nority voter registration and was en- by President Bush, such as Mr. Mar- pro-choice or pro-life, it is, are you tinez, Ms. Chao, whose stories are com- dorsed by such groups as the League of committed to some of the central val- pelling. Bill Lann Lee had a compelling Women Voters. I believe there has been ues of our society? story, but he also had one other thing a persistent pattern of opposing oppor- Do you believe America is a mosaic, on his resume. He happened to have that all people come with different her- tunity in the areas of civil rights. On the protection of rights of individ- been a civil rights lawyer for the itages and different beliefs and have a NAACP. This made him, in the right to equal opportunity and justice uals, the right to choose, the Attorney General has great power to undermine Ashcroft analysis, a radical activist. under the law? Do you believe the so- What is wrong with being a lawyer for existing laws and the constitutional cial glue is access to courts that you the NAACP? I thought Thurgood Mar- protection of a woman’s right to believe are fundamentally fair. Do you shall once had that job—not a bad choose. As attorney general, John believe that an Attorney General’s Of- place to earn your spurs. But, oh, no. fice at the State or Federal level will Ashcroft used his office to limit wom- So what is it that John Ashcroft is embrace the fundamental principles of en’s access to health care, particularly going to look for in his Assistant Sec- our U.S. Government? That is our cri- reproductive health care, filing an ami- retary for Civil Rights? Passivity? teria. cus brief in a case that sought to pre- Let’s get somebody passive? I don’t When I looked at the nomination of vent nurses from providing routine think so, because it really goes against John Ashcroft, I had to say, Is he com- GYN services and also giving out on a what we require in that job, because in petent? Yes. You can’t dispute that. voluntary basis usual and customary that job you have to be proactive. His whole education and record—yes, methods of contraceptives, saying they I don’t believe John Ashcroft is a rac- he is competent. On integrity? Until were practicing medicine. What they ist. I also don’t believe he is anti- the confirmation hearing, I believed were doing was practicing public Catholic. I believe those rhetorical him to be a man of great integrity. I health. charges were not only exaggerated but had no doubt. But all of a sudden, there Based on his record and other state- I truly believe they are unfounded. At were two John Ashcrofts. The pre- ments, I can only conclude that John the same time, he does have a record of hearing John Ashcroft who was Attor- Ashcroft would use his position to un- insensitivity. I look at that pattern ney General, as Governor of Missouri, dermine existing laws, including the where he routinely blocked the nomi- here on the Senate floor had one set of constitutional protection of a woman’s nation of women and minorities; he op- beliefs. I respect those beliefs. People right to choose and access to reproduc- posed 12 judicial nominees, 8 of whom are entitled to their beliefs. But all of tive health services, after these serv- were women and minorities. a sudden in the confirmation hearing, ices have already been affirmed by law Others have spoken about his posi- his beliefs no longer mattered to him. and the Supreme Court. tion on gun control. As a fervent oppo- If you fundamentally opposed, as he Sexual orientation. The Attorney nent of even the most basic gun control did, issues of civil rights, the access of General is charged with enforcing anti- measures, how can we expect him to women to have reproductive services, discrimination laws, which include pro- vigorously enforce the gun safety laws how is it you could have such pas- tections for homosexuals. Yet John that are already on the books? sionate beliefs one day and then say Ashcroft opposed the nomination of Let me conclude. The President does they didn’t matter, you would put James Hormel to be Ambassador to have the right to name his Cabinet, but them on the shelf? Luxemburg simply because he is gay. the Senate has the constitutional re- I respect the passion Senator Now, hello, what does that mean would quirement to give advice and consent Ashcroft has of his beliefs. Though he happen in his own department? Will on these nominations. My advice to is entitled to his beliefs, I don’t believe this be an issue with his own hiring at President Bush is: I am sorry you gave his beliefs entitle him to be Attorney the Department of Justice? us such a divisive nominee. Other General of the United States. I don’t The Justice Department advises the nominees are excellent. Others I will know how you can believe something President on proposed legislation; for look forward to working with, and to so passionately one day and then say example, hate crimes prevention, an- starting a constructive dialog with. I you will put them on the shelf. Beliefs other part of the social glue of Amer- am so sorry this happened. I am sorry are not something like the surplus that ica. John Ashcroft voted against this it happened to John Ashcroft. If John you can put in a lockbox. Beliefs can- legislation. How does he feel about Ashcroft had been nominated for Sec- not be put in a lockbox. hate crimes now? Will he enforce exist- retary of Agriculture, I would have

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.035 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S857 probably voted for him. But I cannot about Mrs. CARNAHAN. So I think when in which criminal conduct becomes vote for him to be Attorney General he was ultimately defeated, his magna- part of an association. That happens because I do believe that beliefs matter nimity in defeat also showed that he is when you have Internet chatrooms. and the beliefs that you show over a a person of character first—character Internet chatrooms often cause people record of a lifetime show the true way above public servant, character above to start thinking they want to meet, you will conduct your office. Beliefs partisan, character above everything and that has facilitated criminal acts are not in a lockbox. else. He showed it at a time when he when it has not been monitored cor- I cannot consent to the nomination had nothing to gain, when he thought rectly. So to try to discourage it, we of John Ashcroft. I urge my colleagues he probably would not be in public of- made that against the law. to join me in opposing this nomination. fice again. But he did what was right John also played a role in allowing I also urge my colleagues, let us not from his heart. That is why I am sup- hourly wage workers, particularly have demeaning rhetoric on the floor porting him for Attorney General of working mothers, to have flextime in or try to demonize either a group or a the United States. the workplace so they could take off at nominee. He also brings an impressive aca- 3 o’clock on Friday afternoon and I yield the floor. demic background to this office. He is make up for it on Monday by working The PRESIDING OFFICER. The Sen- a graduate of the University of Chicago 2 extra hours so they could see their ator from Illinois. School of Law. He attended Yale Uni- child’s football game or soccer game. Mr. DURBIN. Mr. President, I am versity. These are things that are very impor- prepared to speak at this moment. If I also want to mention, because I tant in John’s background. there is a Republican Senator on the think she is very much a part of this He also voted to prohibit anyone con- floor, I will be happy to yield time so team, his wife Janet and their joint victed of domestic violence from own- we take turns. commitment to education in our coun- Mr. HATCH. If the Senator will wait, ing a firearm. This is very important try. When she moved up here with Sen- to try to curb domestic violence in our I understand Senator KAY BAILEY ator Ashcroft, she decided she wanted country. HUTCHISON is coming over. Here she is to teach. She chose to teach at Howard now. I appreciate that courtesy. I think we need to bring John’s full The PRESIDING OFFICER. The Sen- University, one of our Nation’s histori- record to the forefront in order to ator from Texas. cally black colleges. Howard Univer- make the decision on whether he would Mrs. HUTCHISON. Mr. President, I sity is where she has taught for 5 years. be fit to serve as Attorney General. thank the distinguished chairman of I think she has shown her commitment Almost everyone in this body sup- the Judiciary Committee for having to education by going the extra mile to ported every Clinton appointee to the this nomination go forward and for giv- share her experiences and her knowl- Cabinet. That has been the tradition in ing us the opportunity to talk. I think edge with the students at Howard Uni- the Senate. Very few times do we deny the debate is very important. I think it versity. Janet, by the way, is also a the right of the President to have his is important that we talk about the lawyer. own Cabinet and the people he trusts John Ashcroft we know because when I I am very proud to support both and wants to work with around him. I hear some of the other people talking Janet and John Ashcroft. think it would be a major step in the about John Ashcroft, it is not the same We have heard a lot of John wrong direction to not affirm the ap- person with whom I served for 6 years. Ashcroft’s record, things which he said pointment of John Ashcroft. I also I would like to set the record straight which have also been refuted. In my ex- think it will be a major setback if John on a couple of points. perience with John Ashcroft, he was Ashcroft is the victim of scurrilous I have known John and Janet the cosponsor of my legislation to statements that will keep him from Ashcroft since long before they came eliminate the marriage tax penalty, having the ability to do his job and the to the Senate because he was a leader which has the effect of taxing so many mantle to do his job. for his State and our country for many couples just because they get married— So I hope my colleagues will show years before he represented his State in not because they make higher salaries discretion. I hope they will understand the Senate. He has been a Governor. He individually but because they get mar- that John Ashcroft is likely to be con- has been elected chairman of the Na- ried—and throwing them into a higher firmed. So if they have something to tional Governors’ Association. He has bracket. John did not just cosponsor say against him, it is their absolute been the attorney general for the State the bill and walk away; he fought with right to do it, but I hope they stick to of Missouri. And he served as chairman me on the floor, day after day, week the facts and give their views in a way of the Attorneys General Association after week. We passed marriage pen- that will not hurt John Ashcroft’s abil- of the United States. So he has been in alty relief. It was because John ity to do the important job of enforcing a position of leadership for our country Ashcroft worked as hard as I did to the laws of this country. many times. make that happen. It was vetoed by the When John Ashcroft becomes Attor- I think he is the most qualified per- President. But eventually we are going ney General, he will no longer be an ad- son to have been nominated for Attor- to pass marriage penalty relief in this vocate for laws; he will be the enforcer ney General in many years. He has country, and the President is going to of laws. He has said on many occasions served in the capacity of attorney gen- sign it, and people will not have to pay that he will enforce those laws to the eral as well as Governor and in the U.S. the average $1,400 a year just because letter because he sees that as his job. Senate. of their married status. Furthermore, he has shown by his The people of America saw the true John did this because he believes in record as attorney general of Missouri heart of John Ashcroft when his oppo- family values and he believes marriage that he will do that. He deserves not nent, Mel Carnahan, died near the end is one of the ways people can live a only our support now but also our sup- of their race for the Senate. I was there good life. Statistics show that married port after he gets the job to make sure for John Ashcroft after that tragic ac- people are the least likely to be on wel- the laws of our country are fairly and cident. I think John Ashcroft did not fare or to get into any kind of criminal reasonably enforced and targeted to know what to do, just like everyone trouble. I think we should be encour- people who break those laws. else. He had no intention of cam- aging marriage, not discouraging it. The rhetoric, if it gets too hot, is paigning against a man who had just John Ashcroft agrees with that. going to auger against his ability to do died, a man who had also served the He worked with me on reauthorizing the job that all of us need for him to do State of Missouri so well. He had no in- the Violence Against Women Act. We and want him to do. tention of campaigning against his introduced legislation to amend cur- I thank the Chair. I thank Senator widow when she made the decision that rent stalking laws to make it a crime HATCH and Senator DURBIN. I yield the she would take the appointment of the to stalk someone across State lines. floor. Governor if Mr. Carnahan won the elec- Also, cyberstalking has become a more The PRESIDING OFFICER. The Senator tion. common crime in recent years, as the from Illinois. John Ashcroft kept his word. He kept use of the Internet has increased. Mr. DURBIN. I thank the Chair. Mr. his word and has never uttered a word Young people are lured into a situation President, I thank the Senator from

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.037 pfrm02 PsN: S31PT1 S858 CONGRESSIONAL RECORD — SENATE January 31, 2001 Texas for her kind words. I will be On January 23, Ms. James replied to I say to those who raise the question happy to yield to the chairman of the my letter. This is basically what she about whether the Judiciary Com- committee, Senator HATCH, so we can said: mittee or any committee is being fair continue this dialog about this impor- On Thursday, I testified that ‘‘several to President Bush by having a thor- tant nomination. members of the Senate have questioned ough investigation of John Ashcroft or While in my office, I listened to one whether or not a man of strong personal any other nominee, I think the agenda of my colleagues on the Republican faith and conviction can set aside his per- for considering these nominees is not side earlier in the debate raise the sonal beliefs and serve as the Attorney Gen- the creation of any Senator, nor cer- question whether the opposition to eral for all citizens.’’ You ask me to identify tainly of the Democratic side in the John Ashcroft was really based on his these several senators. As I told you after the hearing, this summary came directly Senate. It is the creation of the Found- religious belief. I think that is an ex- from Senator Ashcroft’s testimony on Janu- ing Fathers in article II, section 2, of traordinarily serious charge to make. ary 16th. the Constitution where they gave to I am a member of the Senate Judici- the Senate the power to advise and ary Committee. Together with my And then she relates the transcript of the session which reads as follows: consent to the President’s nominees. staff, we have worked for the last sev- The critics of this process ignore our Senator LEAHY asked of Senator eral weeks analyzing the public record sworn responsibility to defend the Con- Ashcroft: and public career of John Ashcroft. I stitution. Alexander Hamilton, writing am aware of his religious affiliation be- Have you heard any senator, Republican or in Federalist Paper No. 76 on ‘‘The Ap- cause he made a point of stating with Democrat, suggest that there should be a religious test on your confirmation? pointing Power of the Executive’’ pride his religious affiliation during wrote this of the advice and consent the course of the hearing. I can tell you John Ashcroft: provision which brings us to the floor quite candidly that I do not know a No Senator has said ‘‘I will test you.’’ But today: a number of senators have said, ‘‘Will your single precept or tenet of his religious It is not easy to conceive a plan better cal- religion keep you from being able to perform faith, nor did I take the time to ask. culated than this to promote a judicious your duties in office?’’ That is totally irrelevant. In fact, if choice of men for filling the offices of the someone tried to raise that during the Senator LEAHY went on to say: Union.... course of this debate, I would be the All right, well, I’m amazed at that. Please forgive Alexander Hamilton first to defend John Ashcroft’s right to And that was the end of the transcript. for just referring to men, but that was Ms. James goes on to say: practice the religion of his conscience. the style of the day. I would certainly I do not know anything about his re- As we further discussed, I think when you expand on Alexander Hamilton’s senti- ligion, nor have I based any of my deci- put it into the context of substituting an- ment to include women, but otherwise other qualifier for ‘‘religion’’ that the offen- sions on his nomination on that fact. siveness of such thinking is apparent. I find I agree wholeheartedly. There was and As I said during the course of the hear- this as troubling as asking whether being a is enormous wisdom in the constitu- ing, he has said—and it has been a mat- ‘‘woman’’ or being an ‘‘African-American’’ tional provision to provide to the legis- ter of some amusement—that he does would prevent someone from doing a job. lative branch, in this case the Senate, not drink or dance. But I will tell you I believe that is a fair characteriza- the ability to exercise oversight of the I do not know whether Janet Reno tion of her reply. We still do not know nominations made by the President. drinks or dances, nor do I think it is the name of any Senator who raised ei- The Founding Fathers believed, and I important to the job of Attorney Gen- ther personally or privately to Senator think they were right, that the power eral. Ashcroft or certainly publicly any to appoint people to high office in the During the course of the hearings, question about his fitness for office United States should not be vested in the Republicans brought forward a lady based on his religious belief. I do not the hands of a single individual. The President deserves clear and by the name of Kay Coles James who know the religions of any of the nomi- broad latitude in making the appoint- works for the Heritage Foundation. nees to President Bush’s Cabinet, nor ments of his choice, but just as clearly, After her testimony, I had a conversa- do I think it is an important question. the Senate has a responsibility to en- tion with her on two different occa- What we have focused on during the sure that these appointments will serve sions. At the end of the second con- course of this investigation of John expertly, broadly, and fairly in a man- versation, she said: You and I agree on Ashcroft is his public career, his public ner that will benefit all Americans, and a lot more than we disagree when it record. There have been those who al- the Senate has the power to, if nec- comes to religion in public life. I liked ways want to say: What about his pri- her. essary, reject the nomination. vate life? His private life should be pri- My colleague, Senator FEINGOLD, in She said something in her testimony vate. It is his life and his family’s life. on this same issue that caused me his statement yesterday before the I have resisted any efforts by critics of committee, noted that this is a rare great concern. At one point she said John Ashcroft to even follow that line John Ashcroft was a victim of ‘‘reli- situation when the Senate rejects a of questioning. It is irrelevant, unim- nomination, but I will tell you, during gious profiling.’’ That was her term. It portant. is not in her written statement, but it the course of our Nation’s history, What is important is what he has there have been literally hundreds of is what she said before the Senate Ju- stood for publicly, what it tells us diciary Committee. names withdrawn when it was clear about his view of politics and policy they would not pass with approval be- In her written statement and re- and the kind of job he would do if he is peated at the hearing, she said: fore the Senate. confirmed as Attorney General. Alexander Hamilton thought such re- Unfortunately that faith Senator I considered John Ashcroft and his Ashcroft’s faith—has been dragged into the jections would occur rarely and only public debate and has been used to call into public record and my dealings with him when there were ‘‘special and strong question his fitness for public service. Sen- as a fellow Senator over 4 years, and I reasons for the refusal.’’ I believe we ator Ashcroft’s opponents have veered peril- came to the conclusion that I cannot have before us one of those rare in- ously close to implying that a person of support his nomination as Attorney stances that Hamilton foresaw. There strong religious beliefs cannot be trusted General. exists today just such ‘‘special and with this office. I listened to his testimony before the strong reasons’’ to reject the nomina- As a result of that statement in the committee, and I heard him say so fre- tion of John Ashcroft to the position of hearing, I called Ms. James over after- quently that public positions on issues Attorney General. I would like to out- wards and said: I am going to ask you which he had held for his adult life line my reasons that necessitated my very specifically tomorrow to name the would, frankly, not encumber him as vote against his nomination. Senators who have crossed this line Attorney General. I cannot really base During his testimony, Senator and raised questions about John my vote on John Ashcroft on what he Ashcroft did a masterful job of paint- Ashcroft’s religious belief. I did not has claimed he will do in the future ing a portrait of his vision of the job of have time the second day when the when his public record is so clear and Attorney General. He described himself panel returned. I sent a letter to her in in many ways so inconsistent with as a man who would evenhandedly en- writing. what he said to the committee. force and defend the laws of the land no

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.040 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S859 matter how strong his personal dis- For the record, Mr. Hormel’s lifestyle and raised several children, including agreement with those laws, but his is that he is an openly gay man. Bill Lann Lee. public career paints a much different I know the appointment of any Am- His mother is with him. His father picture. bassador is important. Certainly, the passed away. He said his mother used When I look at the public record of appointment to a nation such as Lux- to sit in the window of the laundry John Ashcroft and compare it, point by embourg, which has been a friend of every day at her sewing machine. His point, with his testimony, I find I am the United States for a long time, is father was busy in the back ironing looking at two completely different important. But to single out James and preparing the laundry. Bill Lann portrayals, two completely different Hormel because he is an openly gay Lee said that they worked every day— people. During the hearings, Senator man, and to oppose his nomination be- hard-working people—raising a family. Ashcroft promised fairness in setting cause of that, I think, is not fair. When World War II broke out, Bill the agenda for the Department of Jus- Senator Ashcroft said he opposed Mr. Lann Lee’s father was old enough to es- tice and vowed to protect vulnerable Hormel’s nomination based on the ‘‘to- cape or avoid the draft, but he volun- people whose causes he has seldom, if tality of the record.’’ When he was teered because he was proud of this ever, championed in his public life. asked by Senator LEAHY if he opposed country and he was willing to serve. Which picture tells the story? If John Mr. Hormel because he was gay, Sen- Bill Lann Lee also told us that his fa- Ashcroft were to become Attorney ator Ashcroft denied that. He said: ‘‘I ther refused to ever teach him how to General, would it be John Ashcroft, the did not.’’ run the laundry. He told him, from the defender of a woman’s constitutional Senator Ashcroft had very little con- beginning: This is not your life. You right to choose, or John Ashcroft, pas- tact with Mr. Hormel before his nomi- will have a different life. We will work sionate opponent of Roe v. Wade? John nation. He refused to meet with Mr. hard here. You are going to do some- Ashcroft, the defender of sensible gun Hormel after he was nominated despite thing different. And, boy, was he right, safety laws, or John Ashcroft, who op- Mr. Hormel’s request. because Bill Lann Lee applied for a posed every significant gun safety At a recent press conference, Mr. scholarship to one of the Ivy League measure that came before the Senate Hormel had this to say. I will quote schools. He received a scholarship and during his tenure? John Ashcroft, as him: went on and graduated from law defender of civil rights, or John I can only conclude that Mr. Ashcroft school. Ashcroft, who, as Governor of Missouri, chose to vote against me solely because I am He then went to work for the opposed a voluntary—I repeat, vol- a gay man. NAACP. He really dedicated his profes- untary—school desegregation plan and He had concluded that his sexual ori- sional life not to making money as a efforts to register minorities to vote. entation was the cause of Senator lawyer but to fighting for tolerance We all heard Senator Ashcroft’s tes- Ashcroft’s opposition ‘‘not only from against discrimination. timony, but his public record speaks his refusal to raise any specific objec- He was a quiet man, a humble man; with clarity and consistency. tion to my nomination, but also from but when it came to the cause of civil Let us consider the question of dis- Mr. Ashcroft’s public comments at the rights, he clearly believed in it. For crimination against a person because time of my nomination and his own that reason, he faced withering criti- of their sexual orientation. Consider long record of resistance to acknowl- cism from the Senate Judiciary Com- whether those with a different sexual edging the rights of all citizens, regard- mittee. In fact, Senator Ashcroft open- orientation who were victims of a hate less of their sexual orientation.’’ ly opposed his nomination. crime could expect the protection of I have before me a letter dated De- When Bill Lann Lee was asked about John Ashcroft’s Department of Justice. cember 3, 1997, from James Hormel, of a specific Supreme Court case, and I cannot speak for all of America— San Francisco, CA, to Senator Ashcroft whether he would enforce it, Bill Lann maybe only a small part of it—but I at the Hart Senate Office Building. He Lee, under oath, said: Yes, I will en- think, regardless of your view towards wrote: force it. Senator Ashcroft rejected that sexual orientation, the vast majority sworn statement. He said, in opposing I am aware that you voted against my of Americans oppose discrimination nomination, when it was considered by the Bill Lann Lee, that Bill Lann Lee was against anyone because of their sexual Foreign Relations Committee, and under- an ‘‘advocate’’ and was ‘‘willing to pur- orientation. The vast majority of stand that you may have concerns about my sue an objective . . . with the kind of Americans think it is fundamentally qualifications. I want you to know that I am intensity that belongs to advocacy, but unfair to be intolerant of people with a available to meet with you at your conven- not with the kind of balance that be- different sexual persuasion. ience in either Washington or Missouri, to longs to administration.’’ Recently at Georgetown University, address and—I trust—allay your concerns. Obviously, Senator Ashcroft felt that Professor Paul Offner stated that in a Senator Ashcroft never agreed to advocacy and effective administration 1985 job interview, then-Governor such a meeting. do not mix. ‘‘He has obviously incred- Ashcroft asked him pointblank about Could we expect Attorney General ibly strong capacities to be an advo- his sexual orientation. Mr. Offner re- Ashcroft to defend tomorrow’s Mat- cate,’’ Ashcroft said of Bill Lann Lee. lated that the Governor asked him: thew Shepard if he can’t show toler- ‘‘But I think his pursuit of specific ob- ‘‘Do you have the same sexual pref- ance for today’s James Hormel? jectives that are important to him erence as most men?’’ Senator The second issue that is of impor- limit his capacity to have a balanced Ashcroft, through his spokespeople, tance to me relates to an outstanding view of making judgments that will be has denied this. In fact, they brought individual who came before the Senate necessary for the person who runs that witnesses to say that it did not happen. Judiciary Committee when I served on division.’’ Perhaps the story would be nothing that committee 2 years ago. His name I was saddened by the treatment of more than the typical Washington was Bill Lann Lee. He was being con- Bill Lann Lee by the Senate Judiciary version of ‘‘yes, you did; and, no, I sidered as an Assistant Attorney Gen- Committee and Senator Ashcroft. This didn’t,’’ were it not for the matter of eral for Civil Rights. Senator Ashcroft good man—this great American story— Senator Ashcroft’s troubling record on joined in an effort to block his nomina- was subjected to what I considered an the issue of tolerance for people of dif- tion. unfair standard by the man who now ferent sexual orientations. I remember this because I remember wants to be our Attorney General, who Senator Ashcroft opposed the nomi- what Bill Lann Lee told about his life’s now wants to be entrusted with en- nation of James Hormel as Ambassador story. Maybe I am particularly vulner- forcement of civil rights laws. to Luxembourg because Mr. Hormel, in able when I hear these stories, but they But this was not the only nominee Senator Ashcroft’s words, ‘‘... has mean so much to me, when a person that Senator Ashcroft zeroed in on; an- been a leader in promoting a lifestyle such as Bill Lann Lee comes and tells other was Judge Margaret Morrow of .... And the kind of leadership he’s us about the fact that his mother and California. He joined in blocking her exhibited there is likely to be offensive father were immigrants from China to nomination for a lengthy period of to . . . individuals in the setting to the United States. They came to New time with a little Senate device known which he will be assigned.’’ York City and started a small laundry, as a ‘‘secret hold,’’ where you hold up a

VerDate 31-JAN-2001 04:20 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.042 pfrm02 PsN: S31PT1 S860 CONGRESSIONAL RECORD — SENATE January 31, 2001 nominee and you never disclose that ated with that school. As you know from a would voluntarily desegregate schools you are the person holding it. Eventu- long friendship with my family—and our own and give children an opportunity for a ally, he admitted he was the person meeting last year—this criticism is unfair good education. We have heard during holding Margaret Morrow back from and unfounded. Such opinions are personally the course of the committee hearing, offensive to me and I want to erase any her appointment to the Federal bench. doubts about my views and values. we heard again on the floor of the Sen- Was Margaret Morrow qualified to be On reflection, I should have been more ate, John Ashcroft used every tool in a Federal district court judge? Witness clear in disassociating myself from anti- his tool box to try to stop this vol- after witness said she was. They all Catholic sentiments and racial prejudice. It untary desegregation plan. Frankly, said she had extraordinary qualifica- was a missed opportunity causing needless that is a poor reflection on what John tions. She was the first woman to be offense, which I deeply regret. Ashcroft would do as Attorney Gen- president of the California State Bar I accept President Bush at his word. eral. Association. But she didn’t meet Mr. I believe he was embarrassed when he He labeled the efforts of the Federal Ashcroft’s test. Because of that, she reflected on some of the statements courts to desegregate Missouri’s waited years before this Senate before that have been made at Bob Jones Uni- schools as a ‘‘testament to tyranny.’’ she had a chance to serve in the State versity: Their ban on interracial dating Again, Governor Ashcroft missed an of California. among students; some of the cruel important opportunity to bridge the The reason why Senator Ashcroft op- statements made about people of the racial divide. posed her? She was an advocate in his Catholic and Mormon religions; of Then he had two bipartisan bills pre- mind. Should I accept that John course, their decision, when a gay sented to him as Governor to expand Ashcroft, himself, an impassioned ad- alumnus said he was going to revisit voting rights in the city of St. Louis, vocate for his entire political life, will his campus at Bob Jones University, which is predominantly African Amer- surrender his advocacy in the role of and they stated publicly if he came on ican. He vetoed the first saying: It Attorney General? He certainly didn’t campus, they would have him arrested doesn’t help St. Louis. It should be a accept those arguments from Bill Lann for trespassing. I can understand the broader based and statewide bill. Lee and Margaret Murrow when they embarrassment of people as they re- The next year, the General Assembly raised their hand to give the same oath flect on those sorts of statements. But of Missouri sent him the broader based he did. I cannot understand, after President statewide bill. He vetoed that as well, If we apply the Ashcroft standard to Bush has made this acknowledgment, saying: This is too broad based and too his own nomination, would he have a that when John Ashcroft had the same general. chance of being confirmed in the Sen- opportunity before the Senate Judici- I think it is pretty clear that he was ate? Fairness requires more than a ary Committee, he didn’t take that op- intent on not expanding an oppor- simple test as to whether a nominee portunity. He offered no apologies for tunity for voter registration and ef- has advocated views with which we dis- his appearance at Bob Jones Univer- forts for people to involve themselves agree. Fairness requires that we judge sity. in the voting process. What possible as- on balance whether that nominee can I said: If you become Attorney Gen- surance could we have from his record credibly set aside those views and be eral, would you return to Bob Jones that Attorney General John Ashcroft evenhanded. University? He wouldn’t rule that out. would dedicate himself to eliminating At this moment in our Nation’s his- He said: If I go back, I might talk to racial prejudice in America? tory, our need for that type of leader- them about some of the things they The next issue which I take with ship is compelling. We are a politically have said and what they stand for. John Ashcroft is one which was prob- divided Nation with one of the closest I am sorry. I view that particular epi- ably the most important to me. On the elections in modern memory. Land- sode as troubling. It has little to do, if day that President Bush nominated mark civil rights and human rights anything to do, with religion and more John Ashcroft, the leading radio sta- laws hang in the balance. We need an to do with tolerance. If elected officials tion in St. Louis, KMOX, called me and Attorney General who will be fair and don’t take care as to where they speak asked for a comment. I told them that impartial in administering justice. and what they say, what comfort and before I could vote for John Ashcroft, I No issue in the United States is more encouragement they give to others, had to have answers to several ques- divisive than civil rights or more in then I think we are derelict in our pub- tions. First and foremost was the need of enlightened leadership. Yet lic responsibilities. treatment of Judge Ronnie White. Of throughout his career, Senator I think President Bush learned an course, that is something I will speak Ashcroft repeatedly turned down op- important lesson. It is hard to imagine to and an issue that came up time and portunities to reach out across the ra- that his choice for Attorney General of again during the course of the hear- cial divide. There was, of course, a lot the United States couldn’t learn the ings. of attention given to the fact that Sen- same lesson from him, couldn’t say be- Within an hour or two, John Ashcroft ator Ashcroft appeared at Bob Jones fore this committee exactly what called me after I made this radio state- University, received an honorary de- President Bush said to the late Car- ment and said: I want to talk to you. I gree, and delivered the commencement dinal O’Connor, but he did not. need your vote. address. It did deserve attention. It be- On the issue of school desegregation, I said: Senator, I will be happy to came an issue in the last Presidential my colleague, Senator KENNEDY, laid meet with you any time and discuss campaign. out the issue quite clearly before the this, but let me make it clear, the first After President Bush appeared there Senate within the last hour or two in question I will have to you is about during the course of his campaign, he the course of the debate. I grew up in what happened to Judge Ronnie White, was so troubled by the public reaction East St. Louis, IL, across the river when he had an opportunity to become to his appearance at Bob Jones Univer- from St. Louis. I associated myself a Federal district court judge and you sity that he sent a letter to the late more with St. Louis than most other blocked that opportunity. Cardinal O’Connor in New York assur- cities as a child. I know, having grown He said: That is fine. We will have to ing the cardinal that he did not agree up in that area on both sides of the get together. with the prejudicial statements of Mr. river, that there have always been ra- I said: My door is open. Jones and regretted that he did not dis- cial problems, sometimes bitter and John Ashcroft never called for such a tance himself from them. violent, and sad situations arising be- meeting. I asked several questions of Let me quote a few words from cause of it. Senator Ashcroft at the hearing about George Bush’s letter to Cardinal O’Con- When there was an effort made in the White nomination. I listened care- nor in reflecting on his appearance be- Missouri to deal with segregated fully to the testimony of Judge White fore Bob Jones University, a letter of schools, there was a voluntary desegre- himself. I understand why Senator February 25, 2000: gation plan that was agreed to by the Ashcroft did not ask for a meeting. Some have taken—and mistaken—this students and their parents, by the ad- The story of Judge Ronnie White is visit as a sign that I approve of the anti- ministrators and the teachers, people one that bears repeating. This is not Catholic and racially divisive views associ- living in the community, of how they just another nominee for Federal

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.044 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S861 court. There are some fine men and leagues on the Republican side, and feel just as passionately on one side or women who have been nominated and said that Judge Ronnie White was pro- the other side of the issue. It worries confirmed. Let me tell you a little bit criminal. He cited several decisions some that he would be entrusted with about Judge Ronnie White. made by the judge and said that they the authority and responsibility to pro- He was the first African American were ample evidence that this man did tect a woman’s right to choose and city counselor in the city of St. Louis. not have appropriate sensitivity to be- what he would do with it. He tried to That, in and of itself, does not sound come a Federal judge with a lifetime set the issue aside in his opening state- very impressive, but when Judge White appointment when it came to enforcing ment by saying he accepts Roe v. Wade explained his childhood growing up in our laws. Judge Ronnie White’s name and Casey v. Planned Parenthood, two one of the poorest sections of St. Louis, was then called for a vote. Supreme Court cases, in Ashcroft’s in one of the poorest homes and strug- It was defeated on a partisan vote. words, as the ‘‘settled law of the land.’’ gling throughout his life to earn an Every Republican voted against it. That, of course, raises questions. If it education and to go to law school—he This is rare in the history of the Sen- is the settled law of the land, what will was bused as a young student to one of ate. It doesn’t happen very often. Our he do in enforcing it? these newly integrated schools. He re- review said it hadn’t happened for 40 One of the things that troubles me— called other children throwing food and years, that a nominee was brought to and Senator MIKULSKI of Maryland milk at him and the other African the floor, subjected to that kind of pub- raised this earlier—was the decision American students coming off the bus. lic criticism, and defeated. John Ashcroft made as attorney gen- Life was not easy. He wasn’t looking Frankly, it wasn’t necessary. If John eral of Missouri when there was an ef- for sympathy. He was looking for a Ashcroft had decided that he wanted to fort to have nurses provide women’s chance, and he got the chance. He went stop Ronnie White, there were a vari- health services in one of the poorest to law school, became the first African ety of ways for him to do it, quietly medically underserved sections of Mis- American city counselor in St. Louis. and bloodlessly. But he didn’t choose souri. John Ashcroft attempted to block He became the first African American those options. He chose instead to at- the nurses. He joined in filing a lawsuit in Missouri history to be appointed to tack this man and to attack him on against the nurses at their women’s the appellate court of the State, and he the floor of the Senate. health clinic. These nurses were pro- became the first African American in When we were interrogating John viding gynecological services, includ- the history of the State to serve on the Ashcroft about his criticisms, he said, ing oral contraceptives, condoms, and Missouri Supreme Court. the law enforcement groups are the IUDs, Pap smears, and testing for vene- If you visit St. Louis, you can’t miss ones who really told me that Ronnie real disease. He joined in suing these the arch. That is really the thing you White was not a good choice. nurses to stop them from providing think of right away. But within the It is true that there was a local sher- vital reproductive health services to shadow of the arch is a building which iff, whose family had been involved in a low-income women in his home State. is historically so important to that murder in a case where Judge Ronnie As Governor in 1986, Senator city, State, and to our Nation. It is the White had handed down a dissenting Ashcroft signed a bill that defined life St. Louis courthouse. It is a white, opinion, who sent a letter to John as beginning at fertilization, providing stone building, very close to the Mis- Ashcroft saying they objected to him. a legal basis to ban some of the most sissippi River. The reason why this That is true. But it is also true that common and effective methods of con- building is so historically significant is the largest law enforcement commu- traception. In 1998 and 1999, Senator that it was in this courthouse that the nity in the State of Missouri, the Fra- Ashcroft wrote letters to Senator BEN Dred Scott case was argued and tried ternal Order of Police, endorsed Ronnie NIGHTHORSE CAMPBELL opposing a Sen- twice. It was on the steps of this court- White, and that the vast majority of ate amendment to require the FEHBP, house before the Civil War that African law enforcement officials in that State the federal health insurance plan, to Americans were sold as slaves. endorsed Ronnie White for this Federal cover the cost of FDA-approved contra- When Ronnie White was appointed to district courtship. ceptives, citing concerns that funding the Missouri Supreme Court, he chose Sadly, he was defeated and, in the certain contraceptives was equivalent that old courthouse in St. Louis to process, I am afraid, faced the kind of to funding abortifacients. take his oath of office. The St. Louis humiliation which no one should ever Nearly forty million women in Amer- Post Dispatch, in commenting on that have to face—certainly not on the floor ica use some form of contraception. setting and his selection as the first of the Senate. Would Attorney General John Ashcroft African American to the Missouri Su- I am troubled by John Ashcroft’s work to protect their right of privacy preme Court, said: willingness to distort a good judge’s and their right to choose the medical It is one of those moments when justice record beyond all recognition, to at- services best for them and their fami- has come to pass. tack his character and integrity and to lies? It certainly was. And as you listen to deliver this unjust condemnation on On the question of the ‘‘settled law of Judge White’s testimony, you under- the floor of the Senate without ever the land’’—Roe and Casey—we have stand that this wasn’t a matter of pride giving Judge White an opportunity to had this contentious debate on the for his family in being nominated to respond and defend his name. floor of the Senate for years about a the Federal district court. It wasn’t When Judge White appeared before partial-birth abortion ban. Many of us just a matter of pride for his colleagues the Judiciary Committee, it was clear have said we can agree to a ban so long on the Missouri Supreme Court. It had to many of us that he deserved an apol- as it not only protects the life of the to be a source of great pride for thou- ogy for what had happened to him. mother but women who face grave sands of African Americans to see this Why is this important in choosing a health risks. Those who introduced the man overcome such great odds to fi- man to be Attorney General of the amendment—Senator SANTORUM of nally get a chance to serve on the Fed- United States? When given the power Pennsylvania and others—have refused eral district court. as a Senator, I don’t believe that John to include that second phrase ‘‘health He never had that chance. The reason Ashcroft used it appropriately. The vic- risk’’ as part of the bill. Recently, in a he didn’t have that chance was that tim was a very good man. Supreme Court case, they considered a after 2 years of having his nomination There have been a lot of questions Nebraska partial-birth abortion ban, pending before this Senate, after being asked about the issue of reproductive and the Supreme Court concluded that approved twice by the Senate Judiciary rights of women and what the new At- unless you protect the health of the Committee, after finally finding his torney General, John Ashcroft, would mother, protecting the mother’s life is name on the calendar of the Senate to do with that authority. I know John not enough on a partial-birth abortion be voted on to become a Federal dis- Ashcroft’s position. I respect him for ban. They cited as the reason for it the trict court judge, John Ashcroft de- the intensity of his belief in opposing same Casey decision which Senator cided to kill his nomination. Roe v. Wade for his entire public ca- Ashcroft described as the ‘‘settled law And he did it. He did it. He came to reer. There are people in my State of of the land’’ to make certain that it the floor, after speaking to his col- Illinois and his State of Missouri who was clear.

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.047 pfrm02 PsN: S31PT1 S862 CONGRESSIONAL RECORD — SENATE January 31, 2001 Senator SCHUMER of New York and I Ashcroft rise to this awesome and How long will the Senator from asked Senator Ashcroft as Attorney often unpopular standard as our Attor- Michigan speak? General, if the Santorum partial-birth ney General? Mr. LEVIN. Perhaps 15 minutes. abortion ban comes to him by either We recently celebrated again the Mr. LEAHY. If I might, the agree- the President asking whether he should birthday of Dr. Martin Luther King, Jr. ment the distinguished Senator from veto it or Senator Ashcroft as Attor- It was a huge gathering in the city of Utah and I had—obviously an informal ney General trying to decide whether Chicago. Mayor Daley has an annual agreement—was that following the nor- to defend it, and it does not include the breakfast. I attended another breakfast mal procedure in such a debate, we protection of a woman’s health, what sponsored by Rev. Jesse Jackson. Lit- would be going from side to side. The will he do. The answer to me seems erally thousands of people came out to distinguished Senator from Illinois has fairly obvious. If the Casey decision is pay tribute to Dr. Martin Luther King, just spoken; the distinguished Senator the settled law of the land, he would Jr. I am old enough to remember when from Alabama was going to speak. The have to say the SANTORUM bill we con- Dr. Martin Luther King, Jr., was alive, normal rotation would go back to this sidered before the Senate is unconsti- and I can recall in the midsixties that side, and it would be the distinguished tutional, inappropriate, and incon- Dr. Martin Luther King, Jr.’s visit to senior Senator from Michigan. That is sistent with Supreme Court decisions. the city of Chicago was not welcome. without time agreements for any Sen- That seems obvious to me. He announced he was coming to Chi- ator. Senator Ashcroft would not answer cago to march in the streets of Cicero Mr. REID. If the Senator from Ala- the question. and other neighborhoods to protest ra- bama will yield. The clarity of his statement, his cial segregation. Many people—Demo- The PRESIDING OFFICER. The Sen- opening statement, disappeared. His crats, Republicans, and independents ator from Nevada. answers were tentative and, unfortu- alike—were saying: Why is he doing Mr. REID. As I said this morning, we nately, very unsettling. The Attorney this? Why is he stirring things up? want to try to wrap up this debate in General must diligently protect wom- It is easy today to forget how un- the near future. I know how fervently en’s rights in America—rights repeat- popular Dr. Martin Luther King, Jr., the Senator from Alabama feels about edly confirmed in the Supreme Court. was with the majority of Americans this issue, but I do say every time Senator Ashcroft’s public record and during his life. It was only after his as- someone says something, we are not his testimony before the Judiciary sassination and our reflection on the going to finish this debate. The Sen- Committee leave that in doubt. contribution he made to America that ator from Alabama has already spoken Senator Ashcroft has made troubling, the vast majority of Americans now very eloquently—which was referred to at times shocking statements regard- understand that although he was un- this morning by Senator NICKLES, ing the lynchpin of our American sys- popular, he was right. Dr. Martin Lu- about what a great statement he made, tem of justice, the judicial branch of ther King, Jr.’s life, fighting for civil and I heard part of his statement, and government. He is fond of the phrase rights, tells an important story. When it was extremely good. ‘‘judicial despotism’’ and even used you are fighting for the rights of those My point is, if the people on the this as the title of a speech he gave be- discriminated against because of sex- other side of the aisle want us to finish fore the Heritage Foundation. In it he ual orientation, when you are fighting this debate sometime tomorrow, we are vows to ‘‘fight the judicial despotism for the rights of women, poor women in going to have to be cut a little bit of that stands like a behemoth . . .’’ over particular, when you are fighting for slack and be able to proceed with our our great land. He tells us that ‘‘peo- the rights of African Americans and statements. Otherwise, we are going to ple’s lives and fortunes’’ have been ‘‘re- Hispanics, it is often unpopular. But it go over until next week. Mr. SESSIONS. I understand that is linquished to renegade judges,’’ judges is the right thing to do. the labels ‘‘a robed, contemptuous in- The Attorney General, more than the position of the other side, that tellectual elite.’’ He speaks of Amer- any other Cabinet officer, is entrusted they would like this side to hush and ica’s courts as ‘‘out of control’’ and the with protecting the civil rights of have their full say all day. I see the Senator from Virginia is ‘‘home to a ‘let-them-eat-cake elite’ Americans. We know from our history, here. I yield to the Senator from Vir- who hold the people in the deepest dis- defending those rights can be con- dain.’’ ginia such time as he desires. troversial. I find no evidence in the The PRESIDING OFFICER. The Sen- Senator Ashcroft went on to say: public career of the voting record of ‘‘Five ruffians in robes’’ on the Su- ator from Michigan. Ashcroft that he has ever risked any Mr. LEVIN. If I could enter into a preme Court ‘‘stole the right of self-de- political capital to defend the rights of unanimous consent request sequencing termination from the people’’ and have those who suffer in our society from the next two Senators: The Senator even directly ‘‘challenged God. . . .’’ So prejudice and discrimination. from Virginia be recognized, and after grievous are the actions of the Federal As I said in the committee yesterday, the Senator from Virginia has finished, Judiciary, according to Senator it is a difficult duty to sit in judgment then I be recognized, which is a modi- Ashcroft, ‘‘the precious jewel of liberty of a former colleague, but our Nation fication of a previous unanimous con- has been lost.’’ and our Constitution ask no less of These statements come from a speech sent. each Member of the Senate. That is The PRESIDING OFFICER. Without Senator Ashcroft gave on judicial des- why I will vote no on the nomination objection, it is so ordered. potism. I suggest to my colleagues who of John Ashcroft to serve as Attorney Mr. WARNER. Mr. President, I am have not read it that they do. Is this a General. happy to accommodate the leadership person with such a deep mistrust of the The PRESIDING OFFICER. The Sen- and the floor managers. Would the Sen- character of justice in our great land ator from Michigan. ator care to modify it now and take that we should entrust him with the of- Mr. LEVIN. If the Senator from that time? fice of Attorney General? Michigan will yield, I think we were Mr. LEVIN. We were alternating. Many years ago, during the Roo- going to go back and forth. Mr. WARNER. Does the Senator want sevelt administration, Supreme Court The PRESIDING OFFICER. The Sen- to modify a unanimous consent re- Justice Frank Murphy served as Attor- ator from Alabama. quest? ney General and created the Civil Lib- Mr. LEVIN. Mr. President, I ask Mr. LEVIN. We just did. erties Union to prosecute local officials unanimous consent that after the Sen- Could the Senator from Virginia give who abused and even murdered blacks ator from Alabama has concluded, I be us a time indication. and union organizers. He summed up recognized. Mr. WARNER. I will take not more his constitutional philosophy in one The PRESIDING OFFICER. Without than 10 minutes if that is agreeable to sentence: ‘‘Only by zealously guarding objection, it is so ordered. my colleagues. the rights of the most humble, the Mr. SESSIONS. I was looking for The PRESIDING OFFICER. The Sen- most unorthodox and the most despised Senator WARNER. In the absence of ator from Virginia. among us, can freedom flourish and en- Senator WARNER, I will mention a cou- Mr. WARNER. Mr. President, I join dure in our land.’’ Could Senator ple of things. the many Members today to support

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.049 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S863 the nomination of our former col- fairly and squarely in basically a con- I see my friend standing. Does he league—our friend, indeed—John vention or modified primary type situ- wish to comment? Ashcroft, to serve as the Attorney Gen- ation. I was in strong support of that Mr. LEAHY. Mr. President, if I could, eral of the United States. individual. Then his light plane one and I do not wish to interfere in any Article II, section 2, of the Constitu- night crashed. way in the Senator’s time. tion provides that the President shall I have had that experience. I shared Mr. WARNER. Mr. President, I think name and, with the advice and consent it with my friend, John Ashcroft, be- this is an important point, certainly to of the Senate, shall appoint judges of cause he was so deeply shaken by this this Senator. I value the views of my the Supreme Court and all other offi- tragedy. There is not a one of us who friend. cers of the United States. couldn’t say, ‘‘Well, it could have been Mr. LEAHY. I respect the views of Thus, the Constitution provides a me,’’ the way we have to travel across the distinguished Senator from Vir- role for both the President and the our States, across our land, in these ginia, who has been my friend from day Senate in this process. The President small planes and many other modes of 1 in this place. I knew him before in his has the power to nominate; the Senate conveyance at all hours of the day and other capacities, such as Secretary of has the power to render advice and con- night. the Navy. I have cherished, at home, a sent on the nomination. John Ashcroft approached that tragic souvenir from the bicentennial year In fulfilling the constitutional role of situation in a very balanced and fair which I received from him. He has been the Senate, throughout my career— manner. To some extent, he counseled a man to whom I have gone for counsel some 23 years I have been privileged to with several of us. But it was a very on a number of issues. I refer to him as represent the Commonwealth of Vir- difficult decision as to how he should my Senator away from home because I ginia—I have always tried to give fair conduct himself for the balance of that spend the week in Virginia when we are and objective consideration to both Re- campaign. I think he did it admirably. in session. publican and Democratic Presidential He did it with great courage and re- He and I, of course, disagree on this Cabinet-level appointees; as a matter spect for the tragedy that had befallen nomination. I understand he stated his of fact, all appointees. his State. strong views on it. I have stated mine. Traditionally, a President, especially If I ever had any doubts about John I promised two things to both the then after taking office following a national Ashcroft, the manner in which he han- President-elect and Senator Ashcroft. I election, should be entitled to select dled that tragic situation will forever promised them two things when they individuals who he believes can best place in my mind that this man has the called me to tell me they were going to serve this Nation and his goals as integrity, not only to be Attorney Gen- nominate him: No. 1, that there would President. It has always been my pol- eral but to take on any public office of be questions, tough questions, but I icy to review Cabinet nominees to en- this land. would conduct a fair hearing. I believe Our colleague served in the Senate sure that the nominee has the basic I did. The nomination actually came to from 1994 to 2000, serving as a leader in qualifications and the basic experience the Senate Monday of this week, the the passage of welfare reform legisla- to ensure that nominee can perform official papers. We are moving to go tion and fighting for lower taxes, the job to which he has been nomi- forward with this. Everybody in the strong national defense, greater local nated, to ensure that the nominee also Senate knows approximately how the control of education, and enhanced law will enforce the laws of the land that vote will come out. enforcement. are key—and that is instrumental—in Prior to his service in the Senate, I tell the Senator from Virginia of a the consideration now being given to John Ashcroft served as Governor of conversation I had. As he can imagine, this important post of the Attorney Missouri from 1985 to 1993 and attorney prior to my announcing my opposition General of the United States, and to general of Missouri from 1976 to 1985. to Senator Ashcroft, I called Senator ensure that the nominee possesses a He dedicated over 28 years of his life to Ashcroft to tell him what I was going level of integrity and character that public service—over a quarter of a cen- to say and notified the White House the American people deserve and ex- tury. If he had flaws in his integrity, what I was going to say. But I sug- pect from public officeholder. they would have been carefully docu- gested one thing. I don’t think I di- Therein, perhaps, rests the widest mented, I am sure, in that period of vulge any confidence with Senator margin of discretion that should be ex- time. Ashcroft who spoke about what he has ercised by the Senate. All 100 members I would like to add this, again based gone through. It might have been the have brought to bear in this Chamber, on having the privilege of serving in same thing the Senator from Virginia and in other areas in which we daily this Chamber many years and having said. I suggested what he do after he is work to serve the Senate, experience gone through many hearings for Cabi- sworn in is that he meet quietly and that has enabled us to win the public net nominees and other nominees, this privately with a number of Senators office as Senator. That experience has was a very thorough hearing. Legiti- and House Members of both parties— fine-honed every Member of this Cham- mate questions can be asked as to how those who have an interest in law en- ber in one way or another, such that he fair it might have been in some in- forcement issues, interests that affect or she can judge facts, nominees, and stances, but it was unquestionably the Justice Department—meet on a the entirety of the situation to deter- thorough. It was prolonged—there is a private, off-the-record basis, hear their mine, does that individual have the in- question of the necessity of the length suggestions or their criticisms, and tegrity or do they not have that integ- of it—but anyway, it was thorough. vice versa. He assured me that he rity? In my opinion—and I say this with would. That is a very important function we the deepest respect to the members of He asked me also if I would be willing perform. the committee and most especially to to help bring Members who had voted I say to my colleagues, and to my this nominee, John Ashcroft, and I say against him or spoken against him to constituents, and to those who are in- to my good friend, the ranking mem- those meetings. I assured him I would terested in my views, that John ber, whom I have admired these many do that, too. The Senator from Vir- Ashcroft has the qualifications and the years in the Senate—John Ashcroft ginia makes a good point. experience and the integrity to under- emerges as a better, a stronger, a more I think the debate is good. I hope take this important office. deeply committed man as a con- Senators on both sides of the aisle will Former Senator John Ashcroft from sequence of this process. I feel that listen to the debate. Missouri recently lost his election bid ever so strongly. Each of us who has Again, I use this opportunity to men- to the Senate under most unusual cir- gone through these stressful situations tion one more time how much I have cumstances, not unlike the cir- that we confront from time to time in enjoyed the friendship and the wise cumstances that faced my State at one our public office—those of us who go counsel of my friend from Virginia. time, when we lost one of our most val- through those situations—and with- Mr. WARNER. Mr. President, I thank ued public servants, a public servant stand the rigors of such an examina- my distinguished colleague. If I may who was contending for the office of tion, in all likelihood emerge a strong- say with deep respect to him as a the U.S. Senate, who had beaten me er person. friend first, and as a Senator second, I

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.065 pfrm02 PsN: S31PT1 S864 CONGRESSIONAL RECORD — SENATE January 31, 2001 think he agrees with my basic propo- The grandest of these ideals is an unfolding and his rhetoric are so divisive and position that he emerges from this proc- American promise that everyone deserves a larizing that his nomination will not ess a stronger and a more deeply com- chance, that no insignificant person was ever provide the necessary confidence all mitted public servant. born. Americans are entitled to have in the Mr. LEAHY. I do, yes. And he called on Americans ‘‘to fairness and impartiality required of Mr. WARNER. Certainly from that enact this promise in our lives and our the Department of Justice. Here are standpoint, that alone would give ev- laws.’’ He then made this pledge: ‘‘I four examples: eryone a basis on which to cast a vote will work to build a single nation of First is his position and his effort in favor of this nomination. justice . . .’’ The Department of Justice with respect to the nomination of For those who are concerned about is the place above all where the chance Judge Ronnie White as a Federal Dis- Senator Ashcroft’s nomination, it is to further the vision of ‘‘a single na- trict Judge for the Eastern District of important to remember that once John tion of justice’’ resides. Missouri. It was unfair and inappro- Ashcroft is confirmed as our next At- Like the rest of my colleagues, I priate to maintain Judge White, a dis- torney General, he will serve at the know Senator Ashcroft in his role as tinguished jurist on the Missouri Su- pleasure of the President. Senator from, and as advocate for, the preme Court, had ‘‘a slant toward This time honored phrase, ‘‘At the State of Missouri. I consider him a criminals’’ and was ‘‘against . . . the pleasure of the President,’’ has been friend. But today we are not called culture in terms of maintaining order,’’ used by Presidents throughout Amer- upon to judge Senator Ashcroft as a as Senator Ashcroft did in his speech ican history to show the American peo- friend or colleague, as a Senator rep- to the Senate on October 4, 1999. It was ple that the President is the final arbi- resenting his home State, or as a nomi- unjust to say Judge White practices ter of accountability for his Cabinet nee for any other post but Attorney ‘‘procriminal jurisprudence’’ and will members. General of the United States—at this use his ‘‘lifetime appointment to push And, also, I’d like to remind my col- time in our history and keeping in law in a procriminal direction.’’ It was leagues in the Senate, and more broad- mind the goal of building a ‘‘single na- an unfounded and unfair characteriza- ly the American people, of the prom- tion of justice.’’ tion of Judge White to assert that ises John Ashcroft has made and the The Attorney General does not me- Judge White ‘‘has been very willing to oath that he will take. John Ashcroft chanically enforce the law. His job is say: We should seek, at every turn, in has promised to every American that not a matter of simply applying a spec- some of these cases to provide an addi- he will uphold the law of the land ified law to a specified set of facts. tional opportunity for an individual to whether he disagrees with such a law Great discretion resides with the At- escape punishment.’’ It was a signifi- or not. Once confirmed as Attorney torney General and the proper func- cant distortion of Judge White’s record General, John Ashcroft will raise his tioning of the Department of Justice for Senator Ashcroft to say in the same right hand and swear to uphold the law requires that the public—all the pub- speech to the Senate that Judge of the land. lic—feels that discretion will be exer- White’s ‘‘opinions, and particularly his When John Ashcroft makes a promise cised with balanced and deliberative dissents, reflect a serious bias against that he will uphold the law of the land, judgment. a willingness to impose the death pen- and when he takes that oath of office There are many times when a pros- alty,’’ given the fact that Judge White to uphold the law of the land, I take ecutor has within his grasp the power voted with then-Governor Ashcroft’s him at his word. to prosecute or take a pass, and in that appointees in death penalty cases 95 (The remarks of Mr. WARNER per- decision lies the lives of the people in- percent of the time. taining to the introduction of S. 225 are volved and their families. A commit- Moreover, it was unfair that Senator located in today’s RECORD under ment to enforce the law of the land is Ashcroft did not raise any reference to ‘‘Statements on Introduced Bills and the beginning point, not the ending the death penalty or any of his con- Joint Resolutions.’’) point. The discretion exercised by the cerns about Judge White’s record be- Mr. WARNER. Mr. President, I yield Attorney General is not critical in the fore or at Judge White’s confirmation the floor and thank my colleagues. easy or obvious matters that do not re- hearing. Judge White was not given the The PRESIDING OFFICER (Mr. NEL- quire the Attorney General’s most con- chance to respond to these allegations SON of Nebraska). The Senator from sidered judgment, but in the complex during the consideration of his nomina- Michigan is recognized. and unclear ones where a commitment tion. Rather, these personal attacks Mr. LEVIN. Mr. President, the Sen- simply to enforce the law does not re- came well after Judge White had ap- ate will soon vote on whether or not solve the complexities, and where bal- peared before the Judiciary Com- one of our former colleagues and anced deliberation is essential. mittee. When asked at his own con- friend, Senator John Ashcroft, should If America is to build a ‘‘single na- firmation hearing whether he treated be confirmed to the position of Attor- tion of justice,’’ the Department of Judge White fairly, Senator Ashcroft ney General of the United States. In Justice should have as its head some- said: the vast majority of Cabinet nomina- one whose record demonstrates I believe that I acted properly in carrying tions, the decision is an obvious one. evenhandedness and whose rhetoric out my duties as a member of the committee and as a member of the Senate in relation to Most of a President’s nominees to his seeks to assure the American people of Judge White. Cabinet receive overwhelming, if not fair and balanced consideration, rather In responding in that fashion, he nei- unanimous, support by the Senate, and than division and distrust. More than ther defended his characterizations, that is as it should be. When it comes 25 years ago, at his swearing-in cere- qualified them or withdrew them. Sen- to Cabinet appointees, we as a Senate mony, Edward Levi, Attorney General ator Ashcroft’s response therefore left are willing to give the President wide under President Ford, reflected this standing as his current view his claims berth in his choice, knowing that, un- sentiment by stating if we are going to and statements with respect to Judge like the lifetime appointment of Fed- achieve ‘‘our common goals: among White. eral judges, the President must be able them domestic tranquility, the bless- Second is Senator Ashcroft’s inter- to choose appointees who can carry out ings of liberty and the establishment of view with Southern Partisan magazine, his program during his term, people justice’’ through the enforcement and a publication which has been described who share his values, his vision and his administration of law, then it takes as a ‘‘neo-confederate.’’ Senator ideals. But the Constitution also re- ‘‘dedicated men and women to accom- Ashcroft not only granted an interview quires us to exercise our judgment. The plish this through their zeal and deter- to Southern Partisan magazine, he deference owed the President is due mination, and also their concern for commended the magazine for helping deference, not unlimited deference. fairness and impartiality.’’ to ‘‘set the record straight.’’ He said: In his inaugural address to the Na- While Senator Ashcroft’s rhetoric We’ve all got to stand up and speak in this tion, President Bush laid out the vision over the years reveals his zeal and de- respect, or else we’ll be taught that these and ideals he will seek to carry out, vi- termination, it has not reflected the people were giving their lives, subscribing sions and ideals which I believe most of same concern for impartiality and fair- their sacred fortunes and their honor to us share. He said: ness. I have concluded that his record some perverted agenda.

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.067 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S865 While in that interview Senator During the same year, he addressed and his statements about Mr. Hormel’s Ashcroft expressed support for South- the Christian Coalition Road to Vic- qualifications to serve his country be- ern Partisan’s message, he later said tory and said: cause of his sexual orientation. that he did not know much about Instead of stopping drugs at the border, Senator Ashcroft has frequently en- Southern Partisan and did not know we’re investing in drug treatment centers. gaged in ‘‘us versus them″ rhetoric. He what it promoted. Fair enough. Instead of calling America to her highest and frequently rejects moderation and has But since his interview with South- best by saying ‘‘no’’ to drugs, we’re accom- even criticized some members of his ern Partisan, much has been said about modating drug users with treatment. . . . own party for engaging in what he the magazine in the media and at Sen- Again, it is not just Senator characterized as ‘‘deceptions’’ when ator Ashcroft’s own confirmation hear- Ashcroft’s views on drug treatment they ‘‘preach pragmatism, champion ing. Southern Partisan was described that are troublesome—although they conciliation [and] counsel com- as a ‘‘publication that defends slavery, are—it is his choice of words, his rhet- promise.’’ white separatism, apartheid and David oric, that is so divisive and so polar- Senator Ashcroft, in his confirmation Duke’’ by a media watch group. izing. To suggest, as Senator Ashcroft hearings, in his written answers to In 1995, Southern Partisan offered its does, that those who are crippled by questions posed by a number of Sen- subscribers T-shirts celebrating the as- addiction to drugs and who seek treat- ators, including myself, either re- sassination of Abraham Lincoln. In the ment are somehow the ‘‘lowest and affirmed some of his divisive state- same year, an author of an article in least’’ violates President Bush’s own ments or simply did not explain the ex- that publication alleged ‘‘there is no inaugural promise that ‘‘no insignifi- treme language. His refusal to com- indication that slavery is contrary to cant person was ever born″ and that we ment on some of the most troubling Christian ethics.’’ In 1990, another arti- will ‘‘build a single nation of justice.’’ past statements leaves them standing cle praised former Ku Klux Klan Grand When I asked Senator Ashcroft in a as his current views. His language and his approach to Wizard David Duke as ‘‘a Populist written question what he meant by issues in terms of ‘‘us versus them’’ spokesperson for a recapturing of the ‘‘lowest and least,’’ to give him an op- would not prevent me from voting for American ideal.’’ portunity to comment or to explain or his confirmation for most positions in In 1996, an article in the magazine al- to confirm the clear impression that leged ‘‘slave owners . . . did not have a the Cabinet. But more than any other those words create, his response was a Cabinet member, the Attorney Gen- practice of breaking up slave families. nonresponse. If anything, they encouraged strong eral, as the chief law enforcement offi- A fourth example is Senator cer of the United States, is charged slave families to further the slaves’ Ashcroft’s opposition to James peace and happiness.’’ In 1991, another with the responsibility of assuring that Hormel’s nomination for Ambassador the Department of Justice’s goal is writer printed in the publication wrote, to Luxembourg. Senator Ashcroft stat- ‘‘Newly arrived in New York City, I equal justice under the law for all ed in press accounts that he opposed Americans. And although I consider puzzled, ‘Where are the Americans?’ for Mr. Hormel’s nomination because Mr. I met only Italians, Jews, and Puerto John Ashcroft a friend, I will vote no Hormel ‘‘actively supported the gay on the nomination of John Ashcroft for Ricans.’’ lifestyle.’’ Senator Ashcroft also said a I take Senator Ashcroft at his word Attorney General of the United States. person’s sexual orientation ‘‘is within Mr. President, I yield the floor. that he did not know much about what could be considered and what is Mr. DEWINE addressed the Chair. Southern Partisan magazine when he eligible for consideration’’ with respect The PRESIDING OFFICER. The Sen- praised them for helping to ‘‘set the to the qualifications to serve as an Am- ator from Ohio is recognized. record straight,’’ in his words. I take bassador. Mr. DEWINE. Mr. President, I rise in him at his word. But where was the im- To suggest that a person could not support of the nomination of John mediate disgust and repudiation when represent America’s interests or should Ashcroft. I have had the opportunity, he learned what he had inadvertently be judged professionally because of sex- for the last several weeks, as a member praised? And, after the inquiries of oth- ual orientation is inappropriate and di- of the Judiciary Committee, to listen ers, why not make a prompt inquiry to visive. to the testimony and to listen to what satisfy himself that he had not inad- When pressed on this issue by the has turned out to be fairly extensive vertently advanced the purpose of a ranking member of the Judiciary Com- hearings. racist publication? Even in his written mittee, Senator Ashcroft further re- The John Ashcroft I have known for responses to the Judiciary Committee, sponded in writing: 6 years, and whom most of us have he said he only rejects the publication I did not believe [Hormel] would effectively known for 6 years—some have known a ‘‘if the allegations about [the] maga- represent the United States in Luxembourg, lot longer—does not really bear much zine are true.’’ the most Roman Catholic country in all of resemblance to the individual who has More than 2 years after the original Europe. been described by those who have at- interview he gave to that magazine, it To suggest that Luxembourg would tacked him during this process. I must appears he never took it upon himself not welcome Mr. Hormel’s nomination say, he does not bear much resem- to inquire about the magazine’s pur- is not true. Luxembourg has outlawed blance to the individual whom some of pose, to see for himself if the allega- discrimination based on sexual orienta- my colleagues have pictured, both in tions were true, and, if so, to correct tion, and its Government specifically debate on the Senate floor and in the Judiciary Committee. the record. said they would welcome James The truth is that the John Ashcroft A person being considered for the of- Hormel as Ambassador. And, most im- fice of Attorney General—the single on whom we are going to vote, whose portantly, to fail to retract such con- nomination we are taking up, whose most important person charged with tentious statements about a person be- enforcing our Nation’s civil rights laws nomination we will vote on tomorrow, cause of his sexual orientation adds is the same John Ashcroft we have in a fair and just manner—should ac- further doubt that all our people will cept the obligation to make that in- known for 6 years. have confidence that this nominee will He is a man of integrity, a man of quiry if the American people are to strive to build that single nation of have faith that their Attorney General honesty, and a man of courage. He is justice for which the President has also a man who has taken controver- will ‘‘build a single nation of justice.’’ called. As a third example, I am troubled by sial positions, a man who has cast in In summary, I am deeply troubled by Senator Ashcroft’s previous speeches his lifetime thousands of votes. I don’t Senator Ashcroft’s record of repeatedly on drug treatment. In 1997, Senator think it should come as a shock to us divisive rhetoric and sometimes simply Ashcroft told the Claremont Institute: that someone who has been in public unfair personal attacks, such as what office for a quarter of a century would A government which takes the resources he has said and done about Judge that we should devote toward the interdic- have taken controversial positions. We tion of drugs and converts them to treat- White, his passive acceptance of the would worry if he had not. ment resources . . . is a government that ac- message of Southern Partisan, his This is a man who served as assistant commodates us at our lowest and least in- statements about drug treatment as attorney general of the State of Mis- stead of calls us to our highest and best. accommodating the ‘‘lowest and least,’’ souri, who served for 8 years as their

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.071 pfrm02 PsN: S31PT1 S866 CONGRESSIONAL RECORD — SENATE January 31, 2001 elected attorney general, who served is such an individual. I have not always gitimacy of the Presidency. I explained for 8 years as Missouri’s elected Gov- agreed with John. John and I have that I wanted to give the President his ernor and then, for 6 years, as Mis- voted differently on certain issues— choice. And to have to oppose some- souri’s elected U.S. Senator. He is a some high profile; some not so high body, no less a colleague, is not easy man who served as a member of the profile. I don’t think that is relevant. and requires some thought and for- Senate Judiciary Committee. What is relevant is, does this Presi- titude. So it is a sad day for me as a It should come as no surprise that he dent have the right to have his nomi- Senator. It is a sad day for the Senate has taken positions on many issues. It nee—I think he does—and is this a because we are so divided on this nomi- should come as no surprise that he has nominee who will conduct the office nation. cast thousands of votes. And, yes, he with integrity and with honesty. I have One of the things I have greatly ap- clearly does have a long track record. no doubt that history will judge John preciated since moving from the other It should not come as a surprise that Ashcroft in a favorable light. As they body is the comity that still reigns a record of a quarter of a century look back on his tenure as Attorney here to a significantly greater extent would generate criticism, or that it General of the United States, people than it does in the House and perhaps would generate a lot of criticism. will say: I may have agreed with him; than it does in the body politic. We I said, when the Judiciary Committee I may have disagreed with him on dif- still are friends across the aisle. We hearing started, I sometimes get the ferent issues. He may not always have fight hard. But when we can agree, we feeling that the longer someone is in been right, but I think he was a man of are much happier than when we dis- office, the more positions they have honesty, a man of goodwill, and he agree. That is the whole tone of the taken and, frankly, the better qualified brought honor to the office. body. The Senator from West Virginia, they are, the more controversial their I conclude by urging my colleagues more than probably any other person nomination probably is. And if you to vote for John Ashcroft, a man who I here, has made it clear to all of us that wanted someone with no controversy, believe will be a very excellent Attor- is what we aspire to be. the President would find someone to ney General at a time in our country’s It is a sad day when the Senate is so nominate who had virtually no track history when we need someone who staunchly and strongly divided when record to shoot at. will carry out the duties of that job we would all, I think, prefer to be The fact is, this Attorney General with all the problems that we face as a united. I don’t believe division is com- nominee, this individual, John country, all the challenges that we ing from this side of the aisle. If we Ashcroft, after he is confirmed, will ul- have, and who will, in fact, bring the were truly bipartisan, we all would timately be judged as Attorney Gen- expertise that that particular job have supported Senator Ashcroft. No. I eral not by any one particular position needs. believe that when the President nomi- he will take or any one particular deci- I believe John Ashcroft has the expe- nated Senator Ashcroft, he was well sion he will make. rience, has the background, and has aware that someone of Senator If you look back over the last half a the integrity to be a very excellent At- Ashcroft’s hard-right views would stir century, look at the Attorneys General torney General. opposition, or should stir opposition. I and look at how history judges them. I thank the Chair. I yield the floor. don’t accept in any way what some It is not the day-to-day decisions. It is The PRESIDING OFFICER. The have said—that if this body were truly probably a handful of big decisions to Chair recognizes the Senator from New bipartisan, Senator Ashcroft would be which we look. But even more impor- York. confirmed 100–0. tant than that is probably the percep- Mr. SCHUMER. Thank you, Mr. You could argue that if the President tion that we have about what type of President. I thank my colleagues on were truly bipartisan, he might not person the Attorney General was: How both sides of the aisle for their state- have nominated Senator Ashcroft. For did they conduct their office? What ments. This is what the Senate is sup- that reason, I think it is a sad day for kind of respect did they have? Did they posed to do on very important issues of the President. He has, in my judgment, bring honesty and integrity and cour- the day—deliberate as carefully as pos- had a good beginning to his term. He is age to that job? sible. We are doing that, and we are reaching out. The message he sent dur- The job of Attorney General is dif- doing that very carefully in the Sen- ing the campaign that he wished to ferent. It is different in many respects ate. work with people from both sides of the than any other Cabinet position. It is Mr. President, I rise in opposition to aisle in large part has been met, at different because this individual has to the nomination of John Ashcroft to be least in these very early days of his ad- be adviser to the President, has to be Attorney General of the United States. ministration. able to give the President confidential, I do this with no glee or exultation. I One of my roommates was GEORGE good advice. But he or she is more than do this without any feeling of joy. In MILLER, one of the stronger Democrats that. He or she is the person who fact, I believe this is a sad day in so in the House. And he spent some time stands for law enforcement and, in a many ways. In a certain sense, it is a with the President and is utterly sense, is the chief law enforcement offi- sad day for John Ashcroft and his fam- amazed and pleased with the Presi- cer of this country. ily. They have been through a lot in dent’s attitude. The Attorney General has to be these past weeks. It is sad because But this is particularly a sad day for someone who can tell the President yes while so many of us have disagreed the Presidency because this is the one when the President needs to be told with John Ashcroft’s views and at place, more than any other, in the yes, but also, much more importantly, times we thought his methods were un- early morning of his administration can look the President in the eye and toward, he has devoted himself to pub- where he has sent a nomination that is tell the President no when the Presi- lic service, which I believe is a noble not, in my judgment, one that reaches dent has to be told no. calling. In the heat of battle, it is not out to the middle of the country, one The Attorney General is ultimately easy for those who speak against him that says I do want to be bipartisan. someone who on certain occasions will and, certainly for Senator Ashcroft and At his inauguration the President disagree with the President. How that his family, to hear people speaking said, ‘‘While many of our citizens pros- person conducts the office under those against him. per, others doubt the promise, even the circumstances may define that person’s It is a sad day for me because it is justice, of our own country.’’ Unfortu- tenure as Attorney General and how never easy opposing a nominee and a nately, this choice for Attorney Gen- history judges that individual. It ulti- former colleague. I believe that one eral has given many in our country mately comes down to is the person a gives the President the benefit of the even more reason to doubt this promise person of integrity, someone of hon- doubt in terms of appointments. It is of justice. esty, someone of courage, someone who the President’s Cabinet. He won the Finally, it is a sad day for our coun- brings honor to the office, someone election. Yes, it was close. But I said try. The elections we went through cre- who cares passionately about justice. then and believe every bit as much ated a lot of pain for a lot of people. My experience with John Ashcroft today that the closeness of the election There is a good portion of America over the last 6 years is that clearly he should do nothing to undermine the le- that feels disenchanted and even

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.078 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S867 disenfranchised. This nomination, in what this nomination debate should do not believe John Ashcroft is a rac- my judgment, is the one position in the boil down to, at least in the opinion of ist. I don’t just say that. He has ap- Cabinet where unity and ability to one Senator. This is what I wrote: pointed people of color to judicial and reach out to every part of the Amer- We should carefully analyze the functions executive positions. His wife teaches at ican people is called for and, more than of the Attorney General and then closely Howard University. But I think when any other, this nomination, sadly, scrutinize Senator Ashcroft’s record to de- you put all these pieces together, what threw salt on the wounds of those who termine whether he can fully, impartially, you see is a pattern of insensitivity to felt disenfranchised. and adequately perform all of those func- the long and tortured history our coun- It is a sad day—a sad day for Senator tions. But merely asking if he can do the job is unhelpful. The hearings must probe into try has had with race. Ashcroft, a sad day for those of us who the nominee’s positions on each of the many When several of my colleagues on the feel an honor-bound duty to oppose different areas of law that the Attorney Gen- committee asked him for some feeling him. It is a sad day for the Senate. It eral must enforce. These range from anti- of remorse, given this record, we didn’t is a sad day for the new President. It is trust and environmental laws to drug and see any. There wasn’t any new sensi- a sad day for America. gun laws to hate crimes, voting rights, and tivity that showed itself. With that said, it is important that clinic protection laws. The Attorney General of our country we all recognize what the opposition to After 3 weeks of statements, ques- should not be insensitive. He should be this nomination is not based on. It is tions, answers, hearings, and now just the opposite. The Attorney Gen- not based on Senator Ashcroft’s reli- votes, I still think this statement cuts eral, more than any other Cabinet min- gion. It makes no difference whether he to the heart of the matter and has ister, should be acutely aware and sen- be Christian, or Jew, or Muslim, or Zo- guided me ever since this process sitive on the issue of race, which de roastrian. His faith is a gift. As a per- began. Tocqueville, over 150 years ago, said son of faith myself, and a different What are the functions of the Attor- would be the one thing that would stop faith than his, but deep and abiding ney General? And what is the Ashcroft America from greatness. faith, I respect his faith. I think it is a record? These are the two essential I do not believe this nomination for wonderful faith. questions. Attorney General meets that criteria. I think all things being equal, I The duties of the Attorney General On choice, Senator Ashcroft has been would like to see a nominee for any primarily involve: (1) enforcement of at the helm for decades leading the high position in this land hold such a all Federal laws, both civil and crimi- drive to overturn Roe v. Wade and evis- position of faith. But his faith, while it nal; (2) litigating the constitutionality cerate a woman’s right to choose. His is a wonderful thing, and wonderful for of all Federal laws and regulations, in- beliefs are heartfelt; they are sincere. many, respect for his faith does not cluding before the Supreme Court; (3) However, in my judgment, they are mean one simply supports him. I advising the President, the agencies, wrong. He has led the charge to enact wouldn’t do that for anybody because and even Congress on the constitu- new abortion hurdles and restrictions. of their own personal belief. I think it tionality of laws and various federal I am not saying that Senator Ashcroft is unfair for some to say that because actions; (4) judicial vetting and selec- should be rejected for being pro-life. I of one’s faith, one should adopt an tion; (5) representing all of the federal was happy to vote for Tommy Thomp- issue. agencies in litigation; and (6) super- son to be the Secretary of HHS despite As many of my colleagues have said, vising the U.S. attorneys. the fact that I disagree with his views this is a significant and important This job is the most sensitive and one on choice. And I believe that a pro-life nomination. I think I should give my of the most powerful positions in the position is not at all a disqualification view of this. It is time to set the record Cabinet. for Attorney General, as much as I straight that those of us who are tak- Importantly, all of these complicated would prefer to see someone pro- ing issue with Senator Ashcroft’s years duties require the Attorney General to choice. of activist opposition to causes and exercise enormous judgment and enor- Let me say to my colleagues on the ideals in which we believe so deeply, mous discretion. Much of the power of other side of the aisle, if someone was are basing that on his record as Gov- the Attorney General adheres in this nominated for Attorney General who ernor, as State attorney general, and discretion, which is not constrained by was vehemently pro-choice, who simply as Senator, and, emphatically, not on law. Following law, to me at least, did not just espouse a pro-choice posi- his religious faith. isn’t enough—although it is an impor- tion, but in his or her career spent dec- About a month ago, when the process tant threshold question. ades trying to find ways of expanding of this nomination first got underway, I think it is fair and reasonable to ex- the law so that, say, abortion on de- there was a lot of anger and even fury amine Senator Ashcroft’s public posi- mand, for 9 months, would be perfectly in our country. It didn’t come from the tions over the years, as well as how he legal, wouldn’t Members be more upset leaders of a few groups; it came from has exercised the judgment and discre- and raise a louder voice than against a citizens of different walks of life, of dif- tion and power vested in him. When we nominee who was simply pro-choice? Of ferent races, of different genders, and look at that record—and we did very course. Thus we who believe in the proof different sexual orientation, who, closely in the hearings—we see a very choice side say it is not because Sen- once they became familiar with Sen- stark picture of a man on a mission, a ator Ashcroft is pro-life that we oppose ator Ashcroft’s record, said, How is this man who with passion and with zeal him but because of the vehemence and man going to be as Attorney General? sought to advocate and enact the agen- extreme position of his views. He Given the view I stated earlier, I like da of the far right wing of the Repub- hasn’t been just anti-choice. He has to give the President the benefit of the lican Party. been one of the most outspoken anti- doubt and am willing to support Cabi- On civil rights, as Governor he choice crusaders in the country. It is net members with whom I disagree fought voluntary desegregation—that not his belief that abortion is murder ideologically if nominated by the is, voluntary desegregation—and ve- that makes me oppose him. It is his President. toed bills designed to boost voter reg- past willingness to bend and torture I decided to jot down on a piece of istration in the inner city of St. Louis. the law to serve his desire to eliminate, paper what I thought the hearings and More recently, as Senator, he opposed totally eliminate, even in rape and in- ultimately the vote on the Ashcroft the Hate Crimes Prevention Act, which cest, a woman’s right to choose that nomination should really be about. would have strengthened the Federal makes me oppose him. Frankly, I was concerned that with the response to hate crimes motivated by This is not simply what he said but torrent of opposition charges, race, color, region, or national origin, what he did when he had executive countercharges, and a whirlwind of pol- and would have extended the law to power, when he became the attorney itics, the real issues on which we cover crimes targeting gender, sexual general of Missouri. He didn’t relin- should focus would be obscured or con- orientation, and disability. quish his role of a passionate advocate sumed by other forces. I sat down at We all know about the Bob Jones against choice, as he says he will now my kitchen table in Brooklyn on a Sat- speech and the Southern Partisan Re- do. He joined in a suit against nurses urday morning and tried to formulate view and the Ronnie White debacle. I who dispensed contraceptives. He sued

VerDate 31-JAN-2001 02:58 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.073 pfrm02 PsN: S31PT1 S868 CONGRESSIONAL RECORD — SENATE January 31, 2001 the National Organization of Women such vehement and strong opposition, force the law fully, you could never under the antitrust laws to muzzle he was not saying that somebody so far rule out ideological disposition. If Bull their attempt to pass the ERA. He to the right should be Attorney Gen- Connor had been nominated for Attor- tried to pass statutes that end abor- eral, but he was saying he was a dif- ney General, my guess is we would all tion. He tried to pass constitutional ferent person or would be a different say, even if we were certain he would amendments to do the same. person as Attorney General than he enforce existing law, we would be cer- For John Ashcroft, at least when he was as Senator. Every Senator will tain he should not be Attorney Gen- was Senator, ending abortion by any have to judge for himself or herself eral, based on his past, based on his means necessary was the end all and be whether he can do that, even if he ideology. all of his political career. should want to. I do not think he can. Senator Ashcroft is not Bull Connor; There was some discussion in the In my opinion, John Ashcroft’s unique he was a bigot. Senator Ashcroft is not. hearings that some of the groups op- past will indelibly mark his future, But we all have to draw the line at posing this nomination were doing it to making his nomination a source of some point. And we all do. raise money and raise their profiles. I anger and fear to so many in the coun- It is easy to say ideology will never resent that. Let me say when you sit try. enter into our decision, voting for a down with people in these groups and I have one other point in this area. nomination. In reality, that principle look them in the eye, what you see is John Ashcroft, at least to so many in is virtually impossible to maintain fear, fear that we will start moving this country, has had the appearance of when given nominees of ideologies to back to the days before Roe v. Wade, not being concerned about these issues, the far side, one way or the other—far fear that back-alley abortions will even if you do not agree with the re- left or far right. It is logical because again be the norm, fear that equal ality. Many would dispute that. They the job of Attorney General is not just rights for women will become a fig- would say the reality is there, too. I enforcing the law, as important as that ment of the past. Some may feel these would myself. John Ashcroft has the is. As I mentioned before, it contains fears are unfounded, but the motiva- appearance of not being concerned vast discretion. For example, the At- tion is not mercenary or crass, it is as about issues of deep concern to these torney General will decide what cases deep and as heartfelt as the speeches I groups: to African Americans, to will or will not be pursued in the Su- have heard from some of my colleagues Latinos, to women, to gay and lesbian preme Court. That is not just following supporting Senator Ashcroft. people. Just the appearance of such un- the law. Senator Ashcroft also, Mr. President, fairness would make it much harder for He will help draft new legislation and has been a leader in the charge against him to be Attorney General. That ‘‘ap- give influential commentary on pro- gun control. He has fought to kill legis- pearance’’ argument to me is not dis- posals circulating in Congress. That is lation that would have made it easier positive, but it weighs into the mix. not just enforcing existing law. to catch illegal gunrunners dealing Let’s assume for a minute, let’s just He will, perhaps, be the most signifi- with the issue of enforcement. He has accept on its face the argument that cant voice in the country when it vociferously opposed even the child Senator Ashcroft can devote himself comes to filling vacancies, particularly safety locks and the assault weapons solely to the administration of existing on our court of appeals. ban. These were some of the main law. Let’s assume he will not challenge Regarding the Supreme Court, most issues with John Ashcroft’s record that Roe—which he did say at the hearing. of us believe the President, with advice were examined at the Judiciary Com- He said he would not roll back civil from the Attorney General, will make mittee hearings. To be fair, Senator rights enforcement; he would not do each decision. But at least if the past is Ashcroft took us on. He directly con- away with the assault weapons ban. prologue, for court of appeal judges, in fronted many of those issues and un- This is an appealing way to look at the the vetting process, the bringing of equivocally asserted that as Attorney nomination. Our better angels want to them forward, the Attorney General General, he would uphold and enforce believe this will be the future of the has enormous say and weight. and defend all the laws of the land Justice Department. It is an enormous power. Every one whether he agreed with them or not. But in reality when you really ex- of these is an enormous power. And At the start of the hearings, I asked plore it and don’t avoid it, this is a none of them will be hindered at all by Senator Ashcroft the following ques- naive perspective on the powers of the Senator Ashcroft’s newfound devotion tion: When you have been such a zealot Attorney General. Just saying that to existing law. and impassioned advocate for so long, Senator Ashcroft will enforce and re- The argument that concerns me the how can you just turn it off? spect existing law ignores the reality most is the selection of Federal judges, His answer was: I’ll be driving a dif- that the Attorney General has vast or the one of these arguments, because ferent car. There’s nothing to turn off. power and discretion to shape legal pol- these Federal judges will serve for dec- And our hearings in the committee icy in the Federal judiciary, ades. They often have the last word on revolved around this question: Given unhindered by any devotion to existing some of the most significant issues our his past, what kind of future as Attor- law. society faces. It is safe to expect that ney General would he have? As I said My good friend from Wisconsin, Sen- the principles that have guided Senator at the committee vote yesterday, after ator FEINGOLD, has argued that simply Ashcroft’s views on judicial nomina- all these hearings, all the witnesses, all enforcement of the law is enough, and tions in the Senate will be the exact the studying of the record, and Senator he will give Senator Ashcroft the ben- same principles that will guide him as Ashcroft’s testimony, the conclusion efit of the doubt that he will enforce Attorney General. This is not ‘‘fol- for me is clear. I do not believe that the law. lowing the law.’’ Attorney General Ashcroft can stop I would argue, no, that while you cer- Assuming, arguendo, that we believe being Senator Ashcroft. I am not con- tainly give the President the benefit of Senator Ashcroft will follow existing vinced that he can now step outside the the doubt in terms of an appointment, law in his law enforcement capacity, ideological fray he has been knee-deep ideology has to enter into it because there is no reason to believe in this ca- in, set his advocacy to one side and be- the Attorney General does so many pacity what he did in the Senate will come the balanced decisionmaker with things that are not simply enforcing be any different than what he does as an unclouded vision of the law that the law but are rendering opinions in Attorney General. And, as Attorney this country deserves as its Attorney choosing judges, areas of discretion. I General, of course, he will have signifi- General. do not think even if one ascribed to cantly more power and the same large- Ironically, I don’t think Senator Senator FEINGOLD’s argument—and I ly unbounded discretion in influencing Ashcroft disagrees we need a balanced say it with due respect; he is a man of who becomes a Federal judge—much Attorney General. That is why he went deep principle and I respect his deci- more than he did as a Senator. As a to great lengths during the hearing to sion. He argued eloquently in com- Senator, he was willing to fully flex his portray himself as now being different mittee yesterday, and I know he ideological muscle and use power over than the Senator Ashcroft we all knew. thought long and hard about it. But nominations in a disturbing and divi- He was not saying that someone of even if you assume someone would en- sive way.

VerDate 31-JAN-2001 04:25 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.079 pfrm02 PsN: S31PT1 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 conservative 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 response. treatment was anything but fair. It BOSTON.—Even some conservatives are embarrassed 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 inno 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 exception campaign, to make what one of his aides The Limelight is a free, marginal publication 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-fication. 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 including 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 integrity, 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 person 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 division. 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 defending 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 rejecting here. Judge White dissented arguing for a ing a debate about several judges including 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 definitions’’ 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 commitment. 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 unelected 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 existing 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 rein 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 attorney 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 religious 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 accepting 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 controlled 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-dissented 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 condone 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 toon 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 confirmation 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 ineffective 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 reviews 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 infor 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 qualifications 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 appointments 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 consumers 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

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.134 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S911 of New Hampshire, whose dedication to and served as a bankruptcy trustee for ‘‘Homicide is real and the effects on chil- public service has earned him the re- many years. dren in our community is immeasurable,’’ spect and admiration of a grateful na- In 1988, Judge Dorian was appointed Barfield said. ‘‘People should not believe tion. On January 8th of this year, Sen- to the United States Bankruptcy Court that they are immune to this type of tragedy. Many children already have a false con- ator Rudman was awarded the Presi- in Fresno. He served as a Bankruptcy fidence in weapons, as evidenced by reports dential Citizens Medal which recog- Judge for almost 12 years. Judge Do- of their use of guns and violence in the news. nizes exemplary service by a citizen of rian served an eight county area in If ever there was a right time to promote the United States. The medal recog- Central California. Judge Dorian has peace in our community, the time is now.’’ nizes Senator Rudman for co- author- long been known as a thorough, dedi- In March, the group’s mothers will reveal ing the Gramm–Rudman-Hollings def- cated and compassionate judge. their new image, a white kerchief and arm icit reduction law that requires auto- Throughout his judicial career, he was band, which is both a symbol of their grief and desire for peace. matic spending cuts if annual deficit diligent in carefully balancing the law The nonprofit group, which also honors targets are missed. in his cases and protecting the rights other groups that help the grieving after Senator Rudman served in the United of those who appear before him. deadly tragedies, is seeking corporate and States Army as a combat platoon lead- Judge Dorian has served the people of community sponsorship to develop programs er and company commander during the California as well as all Americans and activities for youth that will promote Korean conflict. After graduating from with great distinction. I am honored to nonviolence. The organization also is in need Boston College Law school, he returned pay tribute to him today and I encour- of volunteers willing to make a long-term to New Hampshire to practice law and age my fellow colleagues to join me in service commitment to perform an array of was later appointed Attorney General administrative tasks, as well as spread the wishing Judge Brett Dorian continued message of peace to youth who, often, enlist of the State. happiness as he embarks on new en- the use of violence and handguns to settle Senator Rudman serves as Chairman deavors. disputes. of the President’s Foreign Intelligence f USHER IN MORE DEATH Advisory Board and was also appointed SAFEGUARDING CHILDREN Save Our Sons and Daughters member to serve as Vice Chairman of the Com- Cheryl Ross, her husband and their four chil- mission on Roles and Capabilities of Mr. LEVIN. Mr. President, on New dren moved to the suburbs after her son, the United States Intelligence Commu- Year’s Day, the Governor of Michigan DeWunn Carter, 23, was shot to death in 1977 nity. signed into law a bill to take discretion at a Coney Island Restaurant on Chicago During his distinguished twelve years away from local gun boards in issuing near Evergreen, just a few steps from the in the Senate, Senator Rudman estab- concealed gun licenses. The new law, front door of their former home. lished a record of independence. While scheduled to take effect on July 1st of ‘‘I believe this new law will make it easier a member of the Senate, he served on for more people to get their hands on guns this year, would increase the number of and keep them concealed, which will make it the Ethics Committee and the Senate concealed handgun licenses in our state easier for more youth to get their hands on Appropriations Committee, where he by 200,000 to 300,000—a ten-fold in- weapons,’’ Ross said. ‘‘I think this new law is was active on the Subcommittees on crease. just a platform to usher in more death.’’ Defense and Commerce, Justice, State, The concealed weapons law is being Ross, who lives in Redford Township, has a and the Judiciary. challenged by a coalition of law en- better look than most at the toll homicide Warren Rudman is an exemplary cit- forcement and community groups takes. She is a SOSAD liaison assigned to izen who has dedicated himself to serv- across our state called the People Who the Detroit Police Department Homicide ing the people of New Hampshire and Unit, along with Linda Barfield and Vera Care About Kids. This coalition is Rucker. our country for over three decades. He working to obtain 151,000 signatures Working in the homicide division, con- continues to selflessly give of his time needed to suspend the implementation tacting victim’s families and helping them within the community and serves on of the law and put the issue before vot- has been therapeutic, Ross said. the Board of Trustees of Boston Col- ers in 2002. Liaisons almost daily receive a list of lege, Valley Forge Military Academy, Other groups in our state are also homicides they use to create a file that in- the Brookings Institution and the working along side the coalition to cludes basic information about the family, such as phone number, address and the num- Aspen Institute. keep our streets and our communities The people of our state and country ber of family members. Serving as go- safe. One such group is the Detroit- betweens, they contact the families and offer look to Senator Rudman with tremen- based Save Our Sons And Daughters, the group’s counseling and support group dous gratitude and admiration for all SOSAD. I ask unanimous consent to services. They also provide families with in- that he has done. It has been a pleasure print an article in the RECORD from the formation about the case and how the proc- and privilege of mine to have worked Detroit News about SOSAD to show ess works. with a leader as extraordinary as War- what they are doing to fight the con- ‘‘If they are grieving and just need some- ren Rudman. Warren, it is an honor to cealed weapons bill and to keep our one to talk to, we are here for that, too, because as many of the SOSAD staffers are represent you in the United States children safe from gun violence. Senate. mothers who’ve lost children, we understand There being no objection, the mate- what they are going through,’’ Ross said. f rial was ordered to be printed in the Victim liaison Rucker, who has been with RETIREMENT OF U.S. BANK- RECORD, as follows: SOSAD since its inception, said ‘‘No one can RUPTCY JUDGE, HON. BRETT DO- [From The Detroit News, Jan. 30, 2001] understand what you’re going through—the grief, anger, anguish and frustration—unless NEW STATE GUN LAW ALARMS SOSAD GROUP RIAN they’ve lost a child to homicide.’’ REDOUBLES EFFORTS TO SAFEGUARD CHILDREN Mrs. BOXER. Mr. President, I would Her daughter, Melody ‘‘Poochie’’ Rucker, like to recognize Judge Brett Dorian as (By Rhonda Bates-Rudd) 14, was shot and killed on Detroit’s west side he retires after almost 12 years as a DETROIT—After 14 years of helping hun- by random gunfire at a back-to-school party United States Bankruptcy Judge in dreds of grieving families, who’ve lost a for Benedictine High School students in 1986. loved one as a result of homicide, suicide, Fresno, California. Police Inspector William Rice, com- disease and natural death, Clementine manding officer for the Detroit police homi- Brett Dorian’s legal career reflects a Barfield, founder and president of the non- cide unit, has been a law enforcer for 31 long and honorable commitment to profit, Detroit-based Save Our Sons and years. He said, without a doubt, the group’s public service. His dedication spans Daughters, says the organization is facing a 3-year-old victim liaison office at the First more than three decades, beginning new challenge. precinct has been a new tool to help in the with his service in the United States Michigan’s latest concealed gun legisla- aftermath of homicide. Air Force. Upon graduation from Boalt tion, which limits the power of county gun ‘‘After a homicide, the family is usually Hall, University of California, Berkeley boards to deny gun permits, has moved the confronted by a lot of social and economic Mr. Dorian helped and assisted the un- group to turn up the heat in their efforts to issues, such as how and why the crime was promote peace. committed, and then they almost imme- derprivileged in Central California as a Homicide is among the leading causes of diately have to deal with funeral planning legal aid lawyer. He then went on to a death for African-American youths, recent and burial expenses,’’ Rice said. ‘‘SOSAD distinguished career in private practice data compiled by the Michigan Department members avail themselves to assist families where he specialized in bankruptcy law of Community Health said. with whatever it is they need.’’

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.098 pfrm02 PsN: S31PT1 S912 CONGRESSIONAL RECORD — SENATE January 31, 2001 ‘‘The volunteers can bring the compassion pen. At the same time, I want her to United States. In 1998, there were 4,035 element that police officers cannot offer be- know that those of us on the Energy civilian fire deaths—that’s one death cause their (the police) job is to solve the Committee take very seriously the rep- every 130 minutes. And sadly, many of crime by asking a lot of questions that may resentations she made during the con- those who die each year in fires are make family members uncomfortable and, many times, the clues to solving a crime firmation hearings on a wide range of children. may lead us back to the family,’’ Rice said. matters. She will find those of us on To help support Terry and every fire- Barfield, a former City of Detroit account- the Committee who have now voted for fighter in Ohio and across America as ing department employee, said she was al- her confirmation to be helpful in her they work to protect our families and ways troubled by reports of the growing job of meeting the stewardship respon- children, I sponsored the Firefighter number of Detroit youth who were shot and, sibilities of the Secretary of the Inte- Investment Act, which provides a vital often, fatally wounded by handguns. rior. But she should understand that federal investment to the courageous The 1986 death of her son, Derick, 16, and she will find us to be severe critics if men and women who make up our local that of many other Detroit youth moved fire departments. I am please do report Barfield to create the organization which has the representations she made to us dur- been featured in newspapers and magazines ing the Committee hearings turn out that we successfully included my bill across the country, including Essence, Ebony to be not in keeping with the way she as a provision in the recently-passed and People magazines. conducts herself as Interior Secretary. Fiscal Year 2001 Department of Defense HUNDREDS HELPED I will be particularly interested in Appropriations bill. The funding that In the last 14 years, the group has helped working with Ms. Norton on several will be made available as a result will hundreds of families through the grieving issues important to North Dakota and help local fire departments and fire- process with counseling and support groups the Nation. For example, I will work to fighters, just like Terry Bragg and the that meet weekly. ensure that Ms. Norton provides pro- Malta-McConnelsville Fire Depart- There also is a 24-hour crisis hotline in tection for our National Parks, public ment, to continue carrying out their which volunteers provide immediate re- lands and environmentally-sensitive life-saving missions. sponse to families in need. Over the years, Terry Bragg has re- Since 1988, the group has held an annual areas. Native Americans are particularly ceived many, many awards and special public memorial service that is open to any- recognitions. He has received three one wanting to light a candle in memory of important to me. During the hearing, someone killed. This year’s service will be Ms. Norton said she respects tribal sov- medals for bravery, and in 1997, the held from 4–6 p.m. March 17 at the Cobo Cen- ereignty. She should adopt a coopera- Ohio Department of the Veterans of ter. tive approach to include the relevant Foreign Wars named him ‘‘Ohio Fire- The group also hosts an annual apprecia- tribal stakeholders in policy and regu- fighter of the Year.’’ He received the tion breakfast, usually during National latory decision making. She also com- Bob and Delores Hope ‘‘Good Samari- Crime Victim Rights week, the last week in tan Award,’’ the ‘‘M&M Firefighter of April, to give accolades and the Angel of mitted to work with us to make progress in meeting the critical fund- the Year Award,’’ and the Ohio Ma- Mercy Award to emergency room medical sonic Grand Master’s ‘‘Community staff, homicide investigators, funeral direc- ing needs for tribal schools and col- Service Award.’’ tors and morgue personnel. leges. Not only is Terry a dedicated Fire I will count on Ms. Norton to adopt a f Chief, he is a strong community leader; sound scientific basis for her policy de- NOMINATION OF GALE NORTON volunteer; businessman; and loving cisions on actions pertaining to endan- husband, father, and grandfather. In- Mr. DORGAN. Mr. President, I rise in gered species, the global climate, en- deed, Terry Bragg is a role model for support of the nomination of Gale Nor- ergy issues and more. ton as this country’s next Interior Sec- whom we all can be proud. Again, I wish her well and pledge my I thank him for his past, present, and retary. cooperation as she begins her duties While I have some disagreements future service to his community, to following her confirmation today. She Ohio, and to our nation. with some of Ms. Norton’s positions, I clearly has the skill and capability to believe that she represented herself do well as Interior Secretary if she pur- f well in the nomination hearings that sues a balanced set of policies that con- ADDITIONAL STATEMENTS we held in the Energy Committee. form to the positions she took when I indicated during those hearings she appeared before our Committee. TRIBUTE TO THE LAW ENFORCE- that if I felt she were another James f Watt I could never vote for her ‘‘in a MENT AGENCIES AND COMMU- million years.’’ I say that because, two TRIBUTE TO TERRY BRAGG NITIES INVOLVED IN THE AP- decades ago, James Watt came to town Mr. DEWINE. Mr. President, I rise PREHENSION OF THE TEXAS as a newly appointed Interior Sec- today to recognize a brave and hard- SEVEN retary and very quickly began to take working Ohioan by the name of Terry ∑ Mr. ALLARD. Mr. President, today I both positions and actions that were, Bragg. Terry has been a life-long resi- want to take a few minutes to recog- in my opinion, destructive to the inter- dent of McConnelsville, where he has nize the efforts of everyone involved in ests that I value with respect to the spent the last 39 years as a member of the capture of the Texas fugitives that stewardship of public lands in our the Malta-McConnelsville Fire Depart- ended one of the largest manhunts this country. Because Gale Norton was a ment. During nearly 40 years of tireless national has ever seen. As you know, protege of James Watt, and because she dedication to his community, Terry the last two of the seven Texas inmates has spoken and written extensively on has served as a firefighter, Assistant that escaped from a maximum security a range of issues, we questioned her Fire Chief, and for the last 32 years, as prison in Kenedy, Texas on December very closely during her confirmation the department’s Fire Chief. 13th surrendered on January 24th in hearing on a wide range of important I recognize Terry today for his com- Colorado Springs, Colorado. This can issues that will confront the new Sec- mitment to protecting his community be attributed to the exemplary work retary of the Interior. from devastating fires. People like done by the local and federal law en- Her responses to some tough inquir- Terry Bragg, who risk their lives daily forcement agencies involved as well as ies during the hearings demonstrated on our behalf, command great respect the communities of Woodland Park and to me that she is qualified to be Inte- and deserve our deep and sincere Colorado Springs. This was a coopera- rior Secretary and that the views she thanks. tive effort that saw the pooling of all holds, while in some cases controver- I cannot overstate just how impor- the resources available and resulted in sial, are well within the norm of the tant Terry’s job of fire fighting and a peaceful conclusion. political discussions we’re having in prevention education is to our families There cannot be enough said about Washington about a wide range of and communities. Overall, fire is re- the work that was done by the law en- these issues. sponsible for killing more Americans forcement agencies involved. The Fed- I want Gale Norton to do an excellent than all natural disasters combined. eral Bureau of Investigation, The Colo- job as Interior Secretary and pledge Every 18 seconds, a fire department re- rado Springs office of the Bureau of Al- my cooperation to help make that hap- sponds to a fire somewhere in the cohol and Firearms, the U.S. Marshals

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.092 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S913 office, the Texas authorities, the Teller ties Department providing career lad- Ben Augello is a tribute to his com- County Sheriffs office, the El Paso ders, formal position descriptions, in- munity and profession. It is an honor County Sheriffs office, the Colorado stituted reading programs, basic com- and a privilege to represent him in the Springs Police Department, the Wood- puter classes for employees, and train- United States Senate.∑ land Park Police Department and the ing programs. Working closely with the f Colorado State Patrol did a tremen- Secretary of the Senate’s office, Loret- dous job of working together to appre- ta has been actively involved in the TRIBUTE TO DEBBIE JANS hend the seven fugitives. oversight and management of the Sen- ∑ Mr. CLELAND. Mr. President, when I The effort and support of the resi- ate Page Program. For example, Loret- first came back to Washington, DC as a dents of Woodland Park and Colorado ta participated in the renovation and Senator-elect in December of 1996 for Springs can’t be overlooked. We need opening of Webster Hall, the Senate freshman orientation, one of the first to commend people like Wade Holder Page dormitory, and the Senate Page people I met was a young lady who I and Eric Singer. Mr. Holder resides in School. was told I had to get to know if I was Woodland Park and is the owner of the During her tenure as Deputy Ser- to be able to successfully get around RV park where the fugitives were hid- geant at Arms, Loretta worked closely the august halls of the Senate. She was ing out. He called in a tip to the local with the Assistant Secretary of the then the Director of the Congressional authorities after seeing pictures of the Senate to create the Joint Office of Special Services Office that provided fugitives on the America’s Most Want- Education and Training which provides assistance to Capitol visitors and staff ed Web Site. KKTV’s Colorado Springs a wide variety of professional seminars with disabilities. What I did not know news anchor Eric Singer helped nego- and training for the staff of Senate Of- at the time, but soon learned, was that tiators by conducting a telephone fices and Committees. As every Sen- she had been working for years to help interview with the last two fugitives in ator can attest, this office has become move both Houses of Congress toward order to assure a peaceful surrender. an invaluable resource. In 1996, Senator compliance with the landmark Ameri- These are just a couple of examples of LOTT named Loretta Deputy Sergeant cans with Disabilities Act. What I also how the two communities contributed at Arms, the post in which she still didn’t know at first, but learned al- to the successful manhunt. serves. As Deputy, Loretta has man- most immediately was that this young In all of this we should not forget aged the day to day operations of more that two law enforcement agents lost lady, Deborah Kerrigan Jans—known than 770 employees. to all as Debbie—once worked for that their lives in this investigation. Irving, Loretta is married to former Senator Texas Officer Aubrey Hawkins and Col- great Senator Hubert Humphrey and Steve Symms. They have 7 children that in addition to Minnesota ties she orado State Trooper Jason Manspeaker and 10 grandchildren. Her retirement both died in the line of duty. Officer shared with Senator Humphrey a great will allow her to fulfill her dreams of fondness for the spoken word! In spite Hawkins was brutally shot 11 times and traveling and spending more time with killed by one of the fugitives while re- of that, or perhaps because of it, I soon her grandchildren. Loretta’s impact on found that Debbie had made herself in- sponding to a robbery of a sporting the institution of the Senate is greatly goods store in Irving Texas on Decem- dispensable to the conduct of my ac- appreciated and will be remembered for ber 24th. Colorado State Trooper Jason tivities as a United States Senator and a long time to come. But most impa- Manspeaker was killed when he I quickly signed her on to my staff to tiently to this Senator is the many crashed his Jeep Cherokee Squad car coordinate my scheduling and advance acts of kindness in the most profes- into a heavy equipment trailer on U.S. work in the Senate. Part of her role sional manner that Loretta was ex- Highway 6 in Colorado. The crash oc- was described very well in an August tended to me. For her many acts I will curred while chasing a vehicle sus- 1999 article in Esquire magazine: always be grateful.∑ pected of harboring the last two fugi- He (Cleland) has one staffer, Deborah Jans, tives on January 23rd. Both Officer f who advances his schedule to make sure he Hawkins and State Trooper TRIBUTE TO BEN AUGELLO can get there. She is a dervish, racing in and Manspeaker paid the ultimate price for out of men’s rooms to make sure the doors ∑ Mr. SMITH of New Hampshire. Mr. on the stalls open out and not in, looking ev- our freedom. My wife Joan and I offer President, I rise today to honor Ben erywhere for ramps and elevators, measuring all our compassion, our sympathy and Augello of Weare, New Hampshire, an doorways for the chair. . . . So she goes, and our prayers to the families of both vic- elementary school principal whose de- she measures, and she checks—a whirlwind ∑ tims. votion to education serves as an inspi- advancing a kind of rolling thunder. f ration for his colleagues and students Today, Debbie is retiring after 25 LORETTA SYMMS alike. Recently named Elementary years of service to the Senate and to Congress. Prior to her excellent work ∑ Mr. REID. Mr. President, I come to Principal of the Year by the New for me, Debbie served as Director of the the Senate floor today to express my Hampshire Association of School Prin- Congressional Special Services Office, regret that Loretta Symms will soon cipals, Ben is known for his incom- Manager of the Senate Special Services retire as Deputy Sergeant at Arms. I parable listening skills. Office, and Tour Guide with the U.S. would also like to congratulate her on Ben’s lifelong dream since childhood Capitol Guide Service. These positions a long and distinguished career. to become a teacher began in New York During her 22 years of service on Cap- where he taught science to middle allowed her to share her love of the itol Hill, Loretta gained the respect of school students. He had a special talent Capitol with visitors, providing a polit- Senators and Congressman from both for making every student feel valued ical, historical and architectural ori- sides of the aisle. Her creativity and and special. entation to our magnificent institu- dedication to improving the inner- Ben has been the principal of the tion. As I previously mentioned, in the workings of the Senate have made her Center Woods Elementary School in latter part of this service, her role was an invaluable asset to the institution Weare, New Hampshire, since 1991. He extended to providing support and serv- and she will be dearly missed by all. oversaw the construction of the school ices to Capitol visitors and staff with Loretta started her career on Capitol and has also spearheaded development disabilities. The innovative programs Hill in 1978 working for then-Congress- of the school’s inclusionary model. Mr. that she managed included special man Steve Symms as executive assist- Augello is an enthusiastic adminis- tours for individuals with disabilities, ant and office manager. In 1981, after trator who exudes a warmth and open- sign language interpreting, wheelchair Congressman Symms was elected to ness that permeates the school. loans, development of Braille mate- the Senate, Loretta became his execu- Married for thirty-seven years, Ben rials, as well as classes and seminars tive secretary and office manager. In and his wife Bunny have two children: for Congressional staff on disability 1987, Senator Dole appointed Loretta as Christine, a resident of Nashua, and issues. the Republican representative to the Peter, who resides in Florida. Ben’s Debbie and her husband Ron, who is a Sergeant at Arms. hobbies include cooking and traveling wonderful fellow himself and has had As Director of the Capitol Facilities throughout the United States and Eu- the opportunity to develop tremendous Department, she reinvented the Facili- rope. listening skills during his years with

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.094 pfrm02 PsN: S31PT1 S914 CONGRESSIONAL RECORD — SENATE January 31, 2001 Debbie, are preparing to return to the MEASURES PLACED ON THE law, the report of a rule entitled ‘‘Georgia: Land of 10,000 Lakes. Washington’s loss CALENDAR Final Authorization of States Hazardous Waste Management Program Revision: Delay is Minnesota’s gain. We shall miss The following bill was read the sec- Debbie here on Capitol Hill. The place of Effective Date’’ (FRL6940–3) received on ond time, and placed on the calendar: January 26, 2001; to the Committee on Envi- will never be the same.∑ S. 220. A bill to amend title 11, United ronment and Public Works. f States Code, and for other purposes. EC–549. A Communication from the Deputy f Associate Administrator of the Environ- MESSAGES FROM THE HOUSE mental Protection Agency, transmitting, At 11:56 a.m., a message from the EXECUTIVE AND OTHER pursuant to law, the report of a rule entitled House of Representatives, delivered by COMMUNICATIONS ‘‘Petition of American Samoa for Exemption Ms. Niland, one of its reading clerks, from Anti-Dumping Requirements for Con- The following communications were ventional Gasoline: Delay of Effective Date’’ announced that pursuant to the provi- laid before the Senate, together with (FRL6940–4) received on January 26, 2001; to sions of 22 U.S.C. 1928a, the Speaker ap- accompanying papers, reports, and doc- the Committee on Environment and Public points the following Members of the uments, which were referred as indi- Works. House of Representatives to the United cated: EC–550. A communication from the Chair- States Group of the North Atlantic As- EC–539. A communication from the Sec- man of the International Trade Commission, sembly: Mr. BEREUTER, Mr. REGULA, retary of Defense, transmitting, pursuant to transmitting, pursuant to law, a report con- Mrs. ROUKEMA, Mr. HEFLEY, Mr. law, a report concerning the Cooperative cerning the monitoring of developments in the Domestic Lamb Meat Industry; to the GILLMOR, Mr. GOSS, Mr. EHLERS, and Threat Reduction Program for fiscal year 1999; to the Committee on Armed Services. Committee on Finance. Mr. MCINNIS. EC–551. A communication from the Chief of The message also announced that the EC–540. A communication from the Chief of the Programs and Legislation Division, Of- the Regulations Unit, Internal Revenue House has passed the following bill, in fice of Legislative Liaison, Department of Service, Department of the Treasury, trans- which it requests the concurrence of the Air Force, transmitting, pursuant to law, mitting, pursuant to law, the report of a rule the Senate: a report concerning the Andrews Air Force entitled ‘‘Guidance on Reporting of Deposit H.R. 93. An act to amend title 5, United Base, 89th Airlift Wing Aircraft Maintenance Interest Paid to Nonresident Aliens’’ States Code, to provide that the mandatory and Base Supply; to the Committee on (RIN1545–AY62) received on January 29, 2001; separation age for Federal firefighters be Armed Services. to the Committee on Finance. made the same as the age that applies with EC–541. A communication from the Deputy f respect to Federal law enforcement officers. Chief of Programs and Legislation Division, INTRODUCTION OF BILLS AND The message further announced that Office of Legislative Liaison, transmitting, pursuant to law, a report concerning cost re- JOINT RESOLUTIONS the House has agreed to the following ductions of the Heat Steam Operations at concurrent resolution, in which it re- The following bills and joint resolu- Andrews Air Force Base; to the Committee tions were introduced, read the first quests the concurrence of the Senate: on Armed Services. and second times by unanimous con- H. Con. Res. 18. Concurrent resolution rel- EC–542. A communication from the Under ative to the adjournment of the House on the Secretary of the Navy, transmitting, pursu- sent, and referred as indicated: legislative day of Wednesday, January 31, ant to law, a report relating to the improve- By Ms. SNOWE: 2001, it stand adjourned until 2 p.m. on Tues- ment of efficiency, effectiveness, and cost of S. 222. A bill to provide tax incentives for day, February 6, 2001. operations for fiscal year 2001; to the Com- the construction of seagoing cruise ships in mittee on Armed Services. United States shipyards, and to facilitate At 3:02 p.m., a message from the EC–543. A communication from Under Sec- the development of a United States-flag, House of Representatives, delivered by retary of Defense, transmitting, pursuant to United States-built cruise industry, and for Mr. Hays, one of its reading clerks, an- law, the report of a violation of the other purposes; to the Committee on Fi- nounced that the House has agreed to Antideficiency Act, case number 96–01; to the nance. Committee on Appropriations. By Mr. DOMENICI: the following concurrent resolutions, EC–544. A communication from the Clerk S. 223. A bill to terminate the effectiveness in which it requests the concurrence of of the Court of Federal Claims, transmitting, of certain drinking water regulations; to the the Senate: pursuant to law, a report relating to the re- Committee on Environment and Public H. Con. Res. 14. Concurrent resolution au- lief of the Pottawatomi Nation in Canada; to Works. thorizing the Rotunda of the Capitol to be the Committee on the Judiciary. By Mr. MCCAIN: used for a ceremony as part of the com- EC–545. A communication from the Direc- S. 224. A bill to authorize the Secretary of memoration of the days of remembrance of tor of the National Oceanic and Atmospheric the Interior to set aside up to $2 per person victims of the Holocaust. Administration, Department of Commerce, from park entrance fees or assess up to $2 per H. Con. Res. 15. Concurrent resolution rel- transmitting, pursuant to law, a report on person visiting the Grand Canyon or other ative to the victims of the deadly earth- the Apportionment of Regional Fishery Man- national park to secure bonds for capital im- quake in the State of Gujarat in western agement Council Membership for the year provements to those parks, and for other India. 2000; to the Committee on Commerce, purposes; to the Committee on Energy and Science, and Transportation. Natural Resources. f EC–546. A communication from the Deputy By Mr. WARNER: MEASURES REFERRED Associate Administrator of the Office of Pol- S. 225. A bill to amend the Internal Rev- icy, Economics, and Innovation, Environ- enue Code of 1986 to provide incentives to The following bill was read the first mental Protection Agency, transmitting, public elementary and secondary school and second times by unanimous con- pursuant to law, the report of a rule entitled teachers by providing a tax credit for teach- sent and referred as indicated: ‘‘Effluent Limitations Guidelines; ing expenses, professional development ex- H.R. 93. An act to amend title 5, United Pretreatment Standards, and New Source penses, and student education loans; to the States Code, to provide that the mandatory Performance Standards for the Commercial Committee on Finance. separation age for Federal firefighters be Hazardous Waste Combustor Subcategory of By Ms. SNOWE (for herself, Mr. JEF- made the same as the age that applies with Waste Combustors Point Source Category; FORDS, and Mr. VOINOVICH): respect to Federal law enforcement officers; Correction’’ (FRL6866–7) received on January S. 226. A bill to establish a Northern Bor- to the Committee on Governmental Affairs. 29, 2001; to the Committee on Environment der States-Canada Trade Council, and for and Public Works. other purposes; to the Committee on Fi- The following concurrent resolutions EC–547. A communication from the Deputy nance. were read, and referred as indicated: Associate Administrator of the Environ- By Mr. TORRICELLI (for himself, Mr. H. Con. Res. 14. Concurrent resolution au- mental Protection Agency, transmitting, JOHNSON, and Mr. FEINGOLD): thorizing the Rotunda of the Capitol to be pursuant to law, the report of a rule entitled S. 227. A bill to amend the Federal Deposit used for a ceremony as part of the com- ‘‘Approval and Promulgation of Air Quality Insurance Act with respect to municipal de- memoration of the days of remembrance of Implementation Plans; Maryland; Reason- posits; to the Committee on Banking, Hous- victims of the Holocaust; to the Committee ably Available Control Technology for Ox- ing, and Urban Affairs. on Rules and Administration. ides of Nitrogen’’ (FRL6922–7) received on By Mr. AKAKA: H. Con. Res. 15. Concurrent resolution rel- January 25, 2001; to the Committee on Envi- S. 228. A bill to amend title 38, United ative to the victims of the deadly earth- ronment and Public Works. States Code, to make permanent the Native quake in the State of Gujarat in western EC–548. A communication from the Deputy American veterans housing loan program, India; to the Committee on Foreign Rela- Associate Administrator of the Environ- and for other purposes; to the Committee on tions. mental Agency, transmitting, pursuant to Veterans’ Affairs.

VerDate 31-JAN-2001 04:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.096 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S915 By Mr. HAGEL: U.S. ports. As such, today’s domestic science made of facts; but a pile of S. 229. A bill to amend Federal banking law cruise market is very limited. The stones is not a house and a collection to permit the payment of interest on busi- cruise industry consists predominantly of facts is not necessarily science.’’ ness checking accounts in certain circumstances, and for other purposes; to the of foreign vessels which must sail to For the past 8 years I have ques- Committee on Banking, Housing, and Urban and from foreign ports. The vast major- tioned numerous collections of facts Affairs. ity of cruise passengers are Americans, put out by the Environmental Protec- By Mr. ENSIGN (for himself and Mr. but most of the revenues now go to for- tion Agency in the name of science and REID): eign destinations. That is because the I have found sound science has been S. 230. A bill to direct the Secretary of the high cost of building and operating left out of the regulation equation too Interior to convey a former Bureau of Land U.S.-flag cruise ships and competition often. A prime example is the new ar- Management administrative site to the City of Carson City, Nevada, for use as a senior from modern, foreign-flag cruise ships senic standards in drinking water pro- center; to the Committee on Energy and have deterred growth in the domestic posed last week. This new standard Natural Resources. cruise ship trade. dramatically reduces the arsenic level By Mr. CAMPBELL: By some estimates, a single port call allowable in drinking water from 50 S. 231. A bill to amend the Elementary and by a cruise vessel generates between parts per billion (ppb) to 10 ppb, a re- Secondary Education Act of 1965 to ensure $300,000 and $500,000 in economic bene- duction of 80 percent. that seniors are given an opportunity to fits. This is a very lucrative market, I believe it is essential to protect and serve as mentors, tutors, and volunteers for and I would like to see U.S. companies certain programs; to the Committee on ensure the safety of our nation’s water Health, Education, Labor, and Pensions. and American workers benefit from supply and to uphold the principles and By Mr. CLELAND (for himself, Mr. this untapped potential. However, do- goals set forth in the Safe Drinking DURBIN, Mr. HAGEL, Mr . CORZINE, mestic ship builders and cruise oper- Water Act, but these standards were and Ms. LANDRIEU): ations face a very difficult, up-hill bat- not based on sound science and there is S. 232. A bill to amend the Internal Rev- tle against unfair competition from no proof that they will increase health enue Code of 1986 to exclude United States foreign cruise lines and foreign ship- benefits. They were put into effect be- savings bond income from gross income if it yards. Foreign cruise lines, for exam- cause it was the politically expedient is used to pay long-term care expenses; to ple, pay no corporate income tax. Nor the Committee on Finance. thing to do. By Mr. FEINGOLD (for himself, Mr. are they held to the same demanding That is why at this time I am intro- LEVIN, Mr. WELLSTONE, and Mr. ship construction and operating stand- ducing this bill which would terminate CORZINE): ards imposed on U.S.-flag vessel opera- the effectiveness of these new drinking S. 233. A bill to place a moratorium on exe- tors. Foreign cruise lines are also free water standards. cutions by the Federal Government and urge from the need to comply with many The amendments to the Safe Drink- the States to do the same, while a National U.S. labor and environmental protec- ing Water Act required the standards Commission on the Death Penalty reviews tion laws, and U.S. health, safety, and for arsenic in drinking water be the fairness of the imposition of the death sanitation laws do not apply to the for- penalty; to the Committee on the Judiciary. changed by January 1st of this year. By Mr. SHELBY: eign ships. Because the proposed rule was issued S.J. Res. 3. A joint resolution proposing an The legislation I am introducing late, I cosponsored an amendment to amendment to the Constitution of the today is designed to level the playing the VA HUD appropriations bill giving United States which requires (except during field between the U.S. cruise industry EPA a 6-month extension. This amend- time of war and subject to suspension by the and the international cruise industry. ment was later signed into law, but Congress) that the total amount of money For example, it provides that a ship- was ignored by the agency. expended by the United States during any yard will pay taxes on the construction fiscal year not exceed the amount of certain There was much controversy and de- or overhaul of a cruise ship of 20,000 bate surrounding the appropriate level revenue received by the United States during gross tons or greater only after the de- such fiscal year and not exceed 20 per cen- for the new standard. The EPA’s tum of the gross national product of the livery of the ship. Science Advisory Board expressed United States during the previous calendar Under my bill, a U.S. company oper- unanimous support for reducing the ating a cruise ship of 20,000 grt and year; to the Committee on the Judiciary. current standard, but varied consider- greater may depreciate that vessel over f ably on the appropriate level. Both the a five-year period rather than the cur- EPA and the National Academy of SUBMISSION OF CONCURRENT AND rent 10-year depreciation period. The Sciences National Research Council ac- SENATE RESOLUTIONS bill would also repeal the $2,500 busi- knowledged more health studies were The following concurrent resolutions ness tax deduction limit for a conven- needed to evaluate what potential and Senate resolutions were read, and tion on a cruise ship to provide a tax health benefits, if any, would likely re- referred (or acted upon), as indicated: deduction limit equal to that provided sult from this lower standard. to conventions held at shore-side ho- By Mr. THURMOND: Arsenic is naturally occurring in my S. Res. 16. A resolution designating August tels. The measure would authorize a 20 home state. In fact, New Mexico has 16, 2001, as ‘‘National Airborne Day’’; to the percent tax credit for fuel operating some of the highest levels of arsenic in Committee on the Judiciary. costs associated with environmentally the nation, yet has a lower than aver- f clean gas turbine engines manufac- age incidence of the diseases associated tured in the U.S., and also allows use of STATEMENTS ON INTRODUCED with arsenic. I have not seen any rea- BILLS AND JOINT RESOLUTIONS investment of Capital Construction Funds to include not only the non-con- sonable data in support of increased By Ms. SNOWE: tiguous trades, but also the domestic health benefits from these lower stand- S. 222. A bill to provide tax incen- point-to-point trades and ‘‘cruises to ards. I have only seen a collection of tives for the construction of seagoing nowhere’’. facts from studies conducted outside of cruise ships in United States shipyards, Mr. President, I truly believe that the United States. and to facilitate the development of a this legislation would help jumpstart Under these new standards states United States-flag, United States-built the domestic cruise trade, benefit U.S. such as New Mexico, are going to be re- cruise industry, and for other purposes; workers and companies, and promote quired to revise water treatment facili- to the Committee on Finance. economic growth in our ports. I strong- ties at a significant cost to the general Ms. SNOWE. Mr. President, I rise to ly urge my colleagues to join me in a public. Such costs should not be in- introduce legislation designed to pro- strong show of support for this effort. curred unless sufficient scientific infor- mote growth in the domestic cruise mation exists in support of the new ship industry and at the same time en- By Mr. DOMENICI: standard. able U.S. shipyards to compete for S. 223. A bill to terminate the effec- The New Mexico Environment De- cruise ship orders. The legislation tiveness of certain drinking water reg- partment estimates this new standard would provide tax incentives for U.S. ulations; to the Committee on Environ- will affect approximately 25 percent of cruise ship construction and operation. ment and Public Works. New Mexico’s water systems, with the Current law prohibits non-U.S. ves- Mr. DOMENICI. Mr. President, ‘‘Just price for compliance between sels from carrying passengers between as houses are made of stones, so is $400,000,000 and $500,000,000 in initial

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.099 pfrm02 PsN: S31PT1 S916 CONGRESSIONAL RECORD — SENATE January 31, 2001 capital expenditures. Annual operating would then be used to finance park im- money is used for park improvements? costs will easily fall anywhere between provement projects. The bonds would Again, I believe the answer is yes. $16,000,000 and $21,000,000. Additionally, be secured by an entrance fee sur- Time and time again, visitors have ex- large water system users will see an charge of up to $2 per visitor at partici- pressed their support for increased fees average water bill increase between $38 pating parks, or a set-aside of up to $2 provided that the revenue is used and $42 and small system users will see per visitor from current entrance fees. where collected and not diverted for an average water bill increase of $91. Our national park system has enor- some other purpose devised by Con- The cost of complying with this new mous capital needs—which by last esti- gress. In recent surveys by the Na- standard could well put small rural mate ranges from $3 to 5 billion—for tional Park Service, nearly 83 percent systems out of business, which is the high-priority projects such as improved of participating respondents were com- exact opposite of what we should be transportation systems, trail repairs, fortable in paying such fees for park trying to accomplish—providing a safe visitor facilities, historic preservation, purposes and other respondents and reliable supply of drinking water and the list goes on and on. The unfor- thought the fees too low. to rural America. tunate reality is that even under the With the recreational fee program Again, I believe that science is made rosiest budget scenarios, our growing currently being implemented at parks of facts and I don’t believe we have park needs far outstrip the resources around the Nation, an additional $2 enough facts here to determine if there currently available. Parks are still surcharge may not be necessary or ap- will be increased health benefits from struggling to address enormous re- propriate at certain parks. Under the the change in these standards. I see un- source and infrastructure needs while bill, those parks could choose to dedi- intended consequences resulting from seeking to improve the park experience cate $2 per park visitor from current well intentioned motives. We should to accommodate the increasing num- entrance fees toward a bond issue. This study this issue here in the United bers of visitors to recreation sites. legislation can easily compliment the States and then take our best data and Revenue bonding would take us a recreational fee program to increase formulate standards that are scientif- long way toward meeting our needs benefits to support our parks and in- ically sound. within the national park system. For crease the quality of America’s park I ask unanimous consent that the bill example, based on current visitation experience well into the future. rates at the Grand Canyon, a $2 sur- be printed in the RECORD. I look forward to working with my There being no objection, the bill was charge would enable us to raise $100 colleagues and National Parks sup- million from a bond issue amortized ordered to be printed in the RECORD, as porters to ensure passage of this legis- over 20 years. That is a significant follows: lation. amount of money which we could use S. 223 I ask unanimous consent that the to accomplish many critical park text of the bill be printed in the Be it enacted by the Senate and House of Rep- projects. resentatives of the United States of America in RECORD. Let me emphasize, however, the There being no objection, the bill was Congress assembled, Grand Canyon National Park would SECTION 1. DRINKING WATER REGULATIONS. ordered to be printed in the RECORD, as not be the only park eligible to benefit follows: On and after the date of enactment of this from this legislation. Any park unit Act— S. 224 (1) the amendments to parts 9, 141, and 142 with capital needs in excess of $5 mil- Be it enacted by the Senate and House of Rep- of title 40, Code of Federal Regulations, lion is eligible to participate. Among resentatives of the United States of America in made by the final rule promulgated by the eligible parks, the Secretary of Inte- Congress assembled, Administrator of the Environmental Protec- rior will determine which may take SECTION 1. SHORT TITLE; TABLE OF CONTENTS. tion Agency entitled ‘‘Arsenic and Clarifica- part in the program. I also want to (a) SHORT TITLE.—This Act may be cited as tions to Compliance and New Source Con- stress that only projects approved as the ‘‘National Parks Capital Improvements taminants Monitoring’’ (66 Fed. Reg. 6976 part of a park’s general management Act of 2001’’. (January 22, 2001)) are void; and plan can be funded through bond rev- (b) TABLE OF CONTENTS.—The table of con- (2) those parts shall be in effect as if those enue. This proviso eliminates any contents of this Act is as follows: amendments had not been made. cern that the revenue could be used for Sec. 1. Short title; table of contents. Sec. 2. Definitions. By Mr. MCCAIN: projects of questionable value to the Sec. 3. Fundraising organization. S. 224. A bill to authorize the Sec- park. Sec. 4. Memorandum of agreement. retary of the Interior to set aside up to In addition, only organizations under Sec. 5. National park surcharge or set-aside. agreement with the Secretary of Inte- Sec. 6. Use of bond proceeds. $2 per person from park entrance fees Sec. 7. Administration. or assess up to $2 per person visiting rior will be authorized to administer the bonding, so the Secretary can es- SEC. 2. DEFINITIONS. the Grand Canyon or other national In this Act: tablish any rules or policies deter- parks to secure bonds for capital im- (1) FUNDRAISING ORGANIZATION.—The term mined necessary and appropriate. provements to those parks, and for ‘‘fundraising organization’’ means an entity Under no circumstances, however, authorized to act as a fundraising organiza- other purposes; to the Committee on would investors be able to attach liens Energy and Natural Resources. tion under section 3(a). against Federal property in the very (2) MEMORANDUM OF AGREEMENT.—The term Mr. MCCAIN. Mr. President, I am re- unlikely event of default. The bonds ‘‘memorandum of agreement’’ means a newing my efforts to provide innova- will be secured only by the surcharge memorandum of agreement entered into by tive solutions to address urgently need- revenues. the Secretary under section 3(a) that con- ed repairs and enhancements at our na- Finally, the bill specifies that all tains the terms specified in section 4. tion’s parks. The legislation I am in- professional standards apply and that (3) NATIONAL PARK FOUNDATION.—The term troducing today is identical to the bill the issues are subject to the same laws, ‘‘National Park Foundation’’ means the foundation established under the Act enti- I sponsored in prior congresses, which rules, and regulatory enforcement pro- received substantial support from tled ‘‘An Act to establish the National Park cedures as any other bond issue. Foundation’’, approved December 18, 1967 (16 many of the organizations supporting The most obvious question raised by U.S.C. 19e et seq.). the National Parks system. I thank my this legislation is: Will the bond mar- (4) NATIONAL PARK.—The term ‘‘national colleague, Representative Kolbe, for in- kets support park improvement issues, park’’ means— troducing companion legislation in the guaranteed by an entrance surcharge? (A) the Grand Canyon National Park; and House of Representatives. The answer is an emphatic yes. Bond- (B) any other unit of the National Park The National Parks Capital Improve- ing is a well-tested tool for the private System designated by the Secretary that has ments Act of 2001 would help secure sector. Additionally, Americans are an approved general management plan with capital needs in excess of $5,000,000. taxable revenue bonding authority for eager to invest in our Nation’s natural (5) SECRETARY.—The term ‘‘Secretary’’ National Parks. This legislation would heritage, and with park visitation means the Secretary of the Interior. allow private fundraising organizations growing stronger, the risks appear SEC. 3. FUNDRAISING ORGANIZATION. to enter into agreements with the Sec- minimal. (a) IN GENERAL.—The Secretary may enter retary of Interior to issue taxable cap- Are park visitors willing to pay a lit- into a memorandum of agreement under sec- ital development bonds. Bond revenues tle more at the entrance gate if the tion 4 with an entity to act as an authorized

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.111 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S917 fundraising organization for the benefit of a SEC. 6. USE OF BOND PROCEEDS. (3) interest paid by the teacher for pre- national park. (a) ELIGIBLE PROJECTS.— viously incurred higher education loans. (b) BONDS.—The fundraising organization (1) IN GENERAL.—Subject to paragraph (2), This is the essence of volunteerism in for a national park shall issue taxable bonds bond proceeds under this Act may be used for the United States—teachers spending a project for the design, construction, oper- in return for the surcharge or set-aside for their own money to better our chil- that national park collected under section 5. ation, maintenance, repair, or replacement drens’ education. Why do they do this? (c) PROFESSIONAL STANDARDS.—The fund- of a facility in the national park for which raising organization shall abide by all rel- the bond was issued. Simply because school budgets are not evant professional standards regarding the (2) PROJECT LIMITATIONS.—A project re- adequate to meet the costs of edu- issuance of securities and shall comply with ferred to in paragraph (1) shall be consistent cation. all applicable Federal and State law. with— These out-of-pocket costs placed on (d) AUDIT.—The fundraising organization (A) the laws governing the National Park the backs of our teachers are but one shall be subject to an audit by the Secretary. System; reason our teachers are leaving the (e) NO LIABILITY FOR BONDS.—The United (B) any law governing the national park in profession. States shall not be liable for the security of which the project is to be completed; and Numerous reports exist detailing the any bonds issued by the fundraising organi- (C) the general management plan for the teacher shortage. According to the Na- zation. national park. tional Education Association, ‘‘Amer- (3) PROHIBITION ON USE FOR ADMINISTRA- SEC. 4. MEMORANDUM OF AGREEMENT. ica will need two million new teachers The fundraising organization shall enter TION.—Other than interest as provided in subsection (b), no part of the bond proceeds in the next decade, and experts predict into a memorandum of agreement that speci- that half the teachers who will be in fies— may be used to defray administrative ex- (1) the amount of the bond issue; penses. the public school classrooms 10 years (2) the maturity of the bonds, not to exceed (b) INTEREST ON BOND PROCEEDS.— from now have not yet been hired.’’ 20 years; (1) AUTHORIZED USES.—Any interest earned In addition, it is estimated that (3) the per capita amount required to am- on bond proceeds may be used by the fund- twenty percent of all new hires leave ortize the bond issue, provide for the reason- raising organization to— the teaching profession within three able costs of administration, and maintain a (A) meet reserve requirements; and years. sufficient reserve consistent with industry (B) defray reasonable administrative ex- Certainly, a pay raise for teachers is standards; penses incurred in connection with the management and sale of the bonds. needed and would be a strong showing (4) the project or projects at the national of recognition and appreciation to- park that will be funded with the bond pro- (2) EXCESS INTEREST.—All interest on bond proceeds not used for purposes of paragraph wards the profession. However, whether ceeds and the specific responsibilities of the or not to provide teachers a pay raise Secretary and the fundraising organization (1) shall be remitted to the National Park with respect to each project; and Foundation for the benefit of all units of the is a local issue and not one that the (5) procedures for modifications of the National Park System. federal government ought to be in- agreement with the consent of both parties SEC. 7. ADMINISTRATION. volved in. based on changes in circumstances, including The Secretary, in consultation with the Nevertheless, there is something we modifications relating to project priorities. Secretary of Treasury, shall promulgate reg- can do. On a federal level, we can en- ulations to carry out this Act. SEC. 5. NATIONAL PARK SURCHARGE OR SET- courage individuals to enter the teach- ASIDE. By Mr. WARNER: ing profession and remain in the teach- (a) IN GENERAL.—Notwithstanding any S. 225. A bill to amend the Internal ing profession by reimbursing them for other provision of law, the Secretary may Revenue Code of 1986 to provide incen- the costs that teachers voluntarily authorize the Superintendent of a national incur as part of the profession. Second, park for which a memorandum of agreement tives to public elementary and secondary school teachers by providing a we can help our local school districts is in effect— with the costs associated with edu- (1) to charge and collect a surcharge in an tax credit for teaching expenses, pro- amount not to exceed $2 for each individual fessional development expenses, and cation. And, finally, third, we can spe- otherwise subject to an entrance fee for ad- student education loans; to the Com- cifically help financially strapped urban and rural school systems recruit mission to the national park; or mittee on Finance. (2) to set aside not more than $2 for each Mr. WARNER. Mr. President, I rise new teachers and keep those teachers individual charged the entrance fee. today to introduce, ‘‘The Teacher Tax that are currently in the system. (b) SURCHARGE IN ADDITION TO ENTRANCE With these premises in mind, I intro- Credit Act.’’ FEES.—A national park surcharge under sub- duce, ‘‘The Teacher Tax Credit.’’ This section (a) shall be in addition to any en- All of us know that individuals do not pursue a career in the teaching legislation creates a $1,000 tax credit trance fee collected under— for eligible teachers for qualified edu- (1) section 4 of the Land and Water Con- profession for the money. People go into the teaching profession for cation expenses, qualified professional servation Fund Act of 1965 (16 U.S.C. 460l–6a); development expenses and interest paid (2) the recreational fee demonstration pro- grander reasons—to educate our youth, by the teacher during the taxable year gram authorized by section 315 of the De- to make a lasting influence. partment of the Interior and Related Agen- Simply put, to teach is to touch a life on any qualified education loan. Every one of these expenses benefit cies Appropriations Act, 1996 (as contained in forever. Public Law 104–134; 110 Stat. 1321–156; 1321– How true that is. I venture to say the student in the classroom either 200; 16 U.S.C. 460l–6a note); or that every one of us can remember at through better classroom materials or (3) the national park passport program es- least one teacher and the special influ- through increased knowledge on the tablished under title VI of the National part of the teacher. Even so, the cur- Parks Omnibus Management Act of 1998 ence he or she had on our lives. Despite the fact that teachers play rent tax code provides little, if any, (Public Law 105–391; 112 Stat. 3518; 16 U.S.C. recognition of the importance of these 5991 et seq.). such an important role, elementary and secondary education teachers are expenses. (c) LIMITATION.—The total amount charged Under the current tax structure, each or set aside under subsection (a) may not ex- underpaid, overworked, and, unfortu- of these expenses are deductible. How- ceed $2 for each individual charged an en- nately, all too often, under-appre- ever, in order to deduct these class- trance fee. ciated. (d) USE.—A surcharge or set-aside under I was astounded to learn that teach- room expenses under the current tax subsection (a) shall be used by the fund- ers expend significant money out of code, our teachers must meet 4 require- raising organization to— their own pocket to better the edu- ments: (1) amortize the bond issue; (1) Teachers must itemize their deductions (2) provide for the reasonable costs of ad- cation of our children. Most typically, our teachers are spending money out of to receive any tax benefit for the unreim- ministration; and bursed money they spend on education ex- (3) maintain a sufficient reserve consistent their own pocket on three types of expenses or professional development expenses. with industry standards, as determined by penses: Most taxpayers in this country do not the bond underwriter. (1) education expenses brought into the itemize; (e) EXCESS FUNDS.—Any funds collected in classroom—such as books, supplies, pens, (2) In the event teachers do itemize, in excess of the amount necessary to fund the paper, and computer equipment; order to receive a deduction under the cur- uses in subsection (d) shall be remitted to (2) professional development expenses— rent tax code for education expenses or pro- the National Park Foundation to be used for such as tuition, fees, books, and supplies as- fessional development costs, teachers’ deduc- the benefit of all units of the National Park sociated with courses that help our teachers tions would have to exceed two percent of System. become even better instructors; and their adjusted gross income;

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.102 pfrm02 PsN: S31PT1 S918 CONGRESSIONAL RECORD — SENATE January 31, 2001 (3) With respect to qualified education forts. I look forward working with tendance of an individual in a qualified loans, under the current tax law, the interest them and my other colleagues on this course of instruction, and on these loans is deductible, but that deduc- important matter. I urge my col- ‘‘(ii) with respect to which a deduction is tion is limited to the first sixty months after leagues to support this legislation. allowable under section 162 (determined graduation. A teacher with the standard ten I ask unanimous consent that letters without regard to this section). year repayment loans who has been teaching ‘‘(B) QUALIFIED COURSE OF INSTRUCTION.— for more than five years receives no benefit; from the National Education Associa- The term ‘qualified course of instruction’ and tion and the Virginia Education Asso- means a course of instruction which— (4) Under the current tax code, the student ciation indicating their support for ‘‘(i) directly relates to the curriculum and loan interest deduction is phased out based this legislation and the bill be printed academic subjects in which an eligible teach- on income level. Thus, some teachers, al- in the RECORD. er provides instruction, though not rich by any means, could be There being no objection, the mate- ‘‘(ii) is designed to enhance the ability of phased out of the deduction. rial was ordered to be printed in the an eligible teacher to understand and use As a result of these four pre- RECORD, as follows: State standards for the academic subjects in which such teacher provides instruction, requisites, most teachers today receive S. 225 ‘‘(iii) provides instruction in how to teach little, if any, tax benefit for their out Be it enacted by the Senate and House of Rep- children with different learning styles, par- of pocket expenses to improve our chil- resentatives of the United States of America in ticularly children with disabilities and chil- drens’ education. Congress assembled, dren with special learning needs (including Our teachers deserve better. SECTION 1. SHORT TITLE. children who are gifted and talented), When our teachers spend their own This Act may be cited as ‘‘The TEACHER ‘‘(iv) provides instruction in how best to money on education expenses that go Tax Credit Act’’. discipline children in the classroom and SEC. 2. CREDIT FOR TEACHING EXPENSES, PRO- into the classroom to help students identify early and appropriate interventions FESSIONAL DEVELOPMENT EX- to help children described clause (iii) learn, learn, they ought to receive a real tax PENSES, AND INTEREST ON HIGHER benefit. EDUCATION LOANS OF PUBLIC ELE- or ‘‘(v) is tied to strategies and programs that When our teachers spend their own MENTARY AND SECONDARY SCHOOL TEACHERS. demonstrate effectiveness in increasing stu- money on professional development (a) IN GENERAL.—Subpart A of part IV of dent academic achievement and student per- courses to enhance their knowledge in subchapter A of chapter 1 of the Internal formance, or substantially increasing the a subject in which they are instructing, Revenue Code of 1986 (relating to nonrefund- knowledge and teaching skills of the eligible our teachers deserve a real tax benefit. able personal credits) is amended by insert- teacher. When our recent college graduates ing after section 25A the following new sec- ‘‘(5) QUALIFIED EDUCATION LOAN.—The term make the honorable and tough choice tion: ‘qualified education loan’ has the meaning of training today’s youth and tomor- ‘‘SEC. 25B. TEACHING EXPENSES, PROFESSIONAL given such term by section 221(e)(1), but only DEVELOPMENT EXPENSES, AND IN- with respect to qualified higher education row’s leaders, with little expectation of TEREST ON HIGHER EDUCATION expenses of the taxpayer. financial riches, such a choice should LOANS OF PUBLIC ELEMENTARY ‘‘(d) DENIAL OF DOUBLE BENEFIT.— be encouraged and our teachers’ AND SECONDARY SCHOOL TEACH- ‘‘(1) IN GENERAL.—No deduction or other choices should be recognized. ERS. credit shall be allowed under this chapter for ‘‘(a) ALLOWANCE OF CREDIT.—In the case of any amount taken into account for which In my view, the most important fac- an eligible teacher, there shall be allowed as credit is allowed under this section. tor in ensuring a quality education is a credit against the tax imposed by this ‘‘(2) COORDINATION WITH EXCLUSIONS.—A having a quality teacher in the class- chapter for the taxable year an amount credit shall be allowed under subsection (a) equal to the sum of— room. for qualified professional development ex- ‘‘(1) the qualified education expenses paid The $1,000 Teacher Tax Credit recog- penses only to the extent the amount of such or incurred by the taxpayer during the tax- nizes the hard work our teachers have expenses exceeds the amount excludable able year, committed themselves to and helps im- under section 135, 529(c)(1), or 530(d)(2) for the ‘‘(2) the qualified professional development prove education. taxable year. expenses paid or incurred by the taxpayer ‘‘(e) ELECTION TO HAVE CREDIT NOT Under my legislation, teachers could during the taxable year, and receive up to a $1,000 tax credit for APPLY.—A taxpayer may elect to have this ‘‘(3) interest paid by the taxpayer during section not apply for any taxable year. qualified education expenses, qualified the taxable year on any qualified education ‘‘(f) REGULATIONS.—The Secretary shall professional development courses, and loan. prescribe such regulations as may be nec- interest on student loans. Qualifying ‘‘(b) MAXIMUM CREDIT.—The credit allowed essary to carry out the provisions of this sec- teachers would not have to itemize by subsection (a) for the taxable year shall tion.’’. their deductions to receive the credit, not exceed $1,000. (b) CONFORMING AMENDMENT.—The table of ‘‘(c) DEFINITIONS.—For purposes of this sec- and they would not have to exceed the sections for subpart A of part IV of sub- tion— chapter A of chapter 1 of the Internal Rev- two percent floor. Teachers would not ‘‘(1) ELIGIBLE TEACHER.—The term ‘eligible enue Code of 1986 is amended by inserting be phased out of the student loan inter- teacher’ means an individual who is a kin- after the item relating to section 25A the fol- est benefit based on income level, and dergarten through grade 12 classroom teach- lowing new item: er, instructor, counselor, aide, or principal in there would be no 60 month limitation. ‘‘Sec. 25B. Teaching expenses, professional a public elementary or secondary school on a Mr. President, we all agree that our development expenses, and in- full-time basis for an academic year ending education system must ensure that no terest on higher education during a taxable year. child is left behind. As we move to- loans of public elementary and ‘‘(2) ELEMENTARY AND SECONDARY secondary school teachers.’’. wards education reforms to achieve SCHOOLS.—The terms ‘elementary school’ and (c) EFFECTIVE DATE.—The amendments this goal, we must keep in mind the ‘secondary school’ have the respective mean- made by this section shall apply to taxable other component in our education sys- ings given such terms by section 14101 of the years beginning after December 31, 2001. tem—the teachers. Elementary and Secondary Education Act of 1965, as in effect of the date of enactment of We must ensure that qualified teach- NATIONAL EDUCATION ASSOCIATION, ers are not forgotten. this section. Washington, DC, January 25, 2001. ‘‘(3) QUALIFIED EDUCATION EXPENSES.—The Quality, caring teachers, along with Senator JOHN WARNER, quality caring parents, play the pre- term ‘qualified education expenses’ means U.S. Senate, expenses for books, supplies (other than non- Washington, DC. dominant roles in ensuring that no athletic supplies for courses of instruction in child is left behind. Passage of The DEAR SENATOR WARNER: On behalf of the health or physical education), computer National Education Association’s (NEA) 2.6 Teacher Tax Credit will help our school equipment (including related software and million members, we would like to express systems retain the good teachers they services) and other equipment, and supple- our support for the Educator and Classroom now have and recruit the good teachers mentary materials used by an eligible teach- Help Education Resources (TEACHER) Tax they need for the future. er in the classroom. Credit Act. Mr. President, some of my colleagues ‘‘(4) QUALIFIED PROFESSIONAL DEVELOPMENT As you know, teacher quality is the single in the Senate have recognized that we EXPENSES.— most critical factor in maximizing student ‘‘(A) IN GENERAL.—The term ‘qualified pro- achievement. Ongoing professional develop- can and must do more for our teachers fessional development expenses’ means ex- ment is essential to ensure that teachers in this country. Senators COLLINS and penses— stay up-to-date on the skills and knowledge KYL have worked on similar legisla- ‘‘(i) for tuition, fees, books, supplies, and necessary to prepare students for the chal- tion, and I commend them for their ef- equipment required for the enrollment or at- lenges of the 21st century. The TEACHER

VerDate 31-JAN-2001 03:27 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.053 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S919 Act tax credit for professional development pertise of people who reside not only in ricultural commodities such as durum expenses will make a critical difference in my State of Maine, but also in the wheat, peanut butter, dairy products, helping teachers access quality training. other northern border States, on this and poultry products, and these dis- In addition, the TEACHER Act will help critical policy issue. putes, of course, have impacted more encourage talented students to pursue a ca- Within the U.S. Government we al- reer in teaching by providing a tax credit for than just the northern border States. interest paid on higher education loans. ready have the Department of Com- Each and every day, an enormous Such a tax credit is particularly critical merce and a U.S. Trade Representative, quantity of trade and traffic crosses given the projected need to recruit two mil- both Federal entities, responsible for the United States-Canada border. lion qualified teachers nationwide over the our larger, national U.S. trade inter- There are literally thousands of busi- next decade. ests. But the fact is that too often such nesses, large and small, that rely on Finally, we are pleased that your legisla- entities fail to give full consideration this cross-border traffic and trade for tion would provide a tax credit for teachers to the interests of the northern States their livelihood. who reach into their own pockets to pay for that share a border with Canada, the My own State of Maine has had a necessary classroom materials, including longest demilitarized border between books, pencils, paper, and art supplies. A 1996 long-running dispute with Canada over two nations anywhere in the world. NEA study found that the average K–12 that nation’s unfair policies in support The Northern Border States Council teacher spent over $400 a year out of personal of its potato industry. Specifically, will provide State trade officials with a funds for classroom supplies. For teachers Canada protects its domestic potato earning modest salaries, the purchase of mechanism to share information about growers from United States competi- classroom supplies represents a considerable cross-border traffic and trade. The tion through a system of nontariff expense for which they often must sacrifice Council will also advise the Congress, other personal needs. the President, the U.S. Trade Rep- trade barriers, such as setting con- We than you for your leadership in intro- resentative, the Secretary of Com- tainer size limitations and a prohibi- ducing this important legislation and look merce, and other Federal and State tion on bulk shipments from the forward to working with you to support our United States. I might add that there nation’s teachers. trade officials on United States-Canada trade policies, practices, and problems. has still not been any movement to- Sincerely, wards solutions for these problems, MARY ELIZABETH TEASLEY, Canada is our largest and most im- Director of Government Relations. portant trading partner. It is by far the even though I have been given promises top purchaser of U.S. export goods and every year that trade problems with VIRGINIA EDUCATION ASSOCIATION, services, as it is the largest source of Canada would be a top priority for dis- Richmond, VA, January 24, 2001. U.S. imports. In 1999, total two-way cussion. Hon. JOHN W. WARNER, merchandise commerce was $365 bil- This bulk import prohibition effec- U.S. Senate, tively blocks United States potato im- Washington, DC. lion—that’s $1 billion a day. With an DEAR SENATOR WARNER: On behalf of all economy one-tenth the size of our own, ports into Canada and was one topic of 56,000 members of VEA we congratulate you Canada’s economic health depends on discussion during a 1997 International on your appointment to the Education Com- maintaining close trade ties with the Trade Commission investigations hear- mittee, and we look forward to working with United States. While Canada accounts ing, where I testified on behalf of the you. for about one-fifth of U.S. exports and Maine potato growers. The ITC fol- Christopher Yianilos reviewed ‘‘The Educa- imports, the United States is the lowed up with a report stating that Ca- tor and Classroom Help Education Resources source of two-thirds of Canada’s im- nadian regulations do restrict imports (TEACHER) Tax Credit Act’’ with Rob Jones and me on January 19th. We appreciated this ports and provides the market with of bulk shipments of fresh potatoes for opportunity to evaluate the bill and to re- fully three-quarters of all of Canada’s processing or repacking, and that the ceive a thorough briefing from Mr. Yianilos. exports. U.S. maintains no such restrictions. We both appreciate and support your ef- The United States and Canada have These bulk shipment restrictions con- forts to provide a tax credit for teaching ex- the largest bilateral trade relationship tinue, and, at the same time, Canada penses, professional development expenses, in the world, a relationship that is re- also artificially enhances the competi- and student education loans. Please call on markable not only for its strength and tiveness of its product through domes- VEA if we can be of assistance in gaining general health, but also for the inten- passage of this worthy bill. tic subsidies for its potato growers. In addition, please call on us if we can ever sity of the trade and border problems Another trade dispute with Canada, be of assistance to you in your new position that do frequently develop—as we have specifically with the province of New as a member of the Education Committee. seen in recent years with actual farmer Brunswick, originally served as the in- Sincerely, border blockades in some border states spiration for this legislation. In July JEAN H. BANKOS, because of the unfairness of agricul- 1993, Canadian federal customs officials President. tural trade policies. began stopping Canadians returning Over the last decade, Canada and the from Maine and collecting from them By Ms. SNOWE (for herself, Mr. United States have signed two major the 11-percent New Brunswick Provin- JEFFORDS, and Mr. VOINOVICH): trade agreements—the United States- cial Sales Tax, [PST] on goods pur- S. 226. A bill to establish a Northern Canada Free Trade Agreement in 1989, chased in Maine. Canadian Customs Of- Border States-Canada Trade Council, and the North American Free Trade ficers had already been collecting the and for other purposes; to the Com- Agreement, or NAFTA, in 1993. They Canadian federal sales tax all across mittee on Finance. also negotiated the 1996 US-Canada the United States-Canada border. The Ms. SNOWE. Mr. President, today I Softwood Lumber Agreement, which collection of the New Brunswick PST am reintroducing legislation that will expire two months from now, on was specifically targeted against goods would establish a Northern Border March 31. Even though some of us in purchased in Maine—not on goods pur- States Council on United States-Can- Congress urged the last Administration ada trade. on more than one occasion to negotiate chased in any of the other provinces The purpose of this Council is to a process with Canadian officials to bordering New Brunswick. oversee cross-border trade with our Na- work for a fairer alternative, nothing After months of imploring the U.S. tion’s largest trading partner—an ac- was attempted on a government to gov- Trade Representative to do something tion that I believe is long overdue and ernment basis. about the imposition of the unfairly should be considered. The Council will Notwithstanding these trade accords, administered tax, then Ambassador serve as an early warning system to numerous disagreements have caused Kantor agreed that the New Brunswick alert State and Federal trade officials trade negotiators to shuttle back and PST was a violation of NAFTA, and to problems in cross-border traffic and forth between Washington and Ottawa that the United States would include trade from the very people who are for solutions to problems for grain the PST issue in the NAFTA dispute dealing with trade problems. The Coun- trade, wheat imports, animal trade, settlement process. But despite this ex- cil will enable the United States to and joint cooperation on Bio- plicit assurance, the issue was not, in more effectively administer the trade technology. fact, brought before NAFTA’s dispute policy with Canada by applying the Most of the more well-known trade settlement process, prompting Con- wealth of insight, knowledge and ex- disputes with Canada have involved ag- gress in 1996, to include an amendment

VerDate 31-JAN-2001 04:41 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.119 pfrm02 PsN: S31PT1 S920 CONGRESSIONAL RECORD — SENATE January 31, 2001 I offered to immigration reform legis- determine, to the best of its ability, if the Council have been appointed, the Council lation calling for the U.S. Trade Rep- the source of the dispute is the Cana- shall hold its first meeting. resentative to take this action without dian Federal Government or a Cana- (e) MEETINGS.—The Council shall meet at the call of the Chairperson. further delay. But, it took three years dian Provincial government. (f) QUORUM.—A majority of the members of for a resolution, and even then, the res- The goal of this legislation is not to the Council shall constitute a quorum, but a olution was not crafted by the USTR. create another Federal trade bureauc- lesser number of members may hold hear- Throughout the early months of the racy. The Council will be made up of ings. PST dispute, we in the state of Maine individuals nominated by the Gov- (g) CHAIRPERSON AND VICE CHAIRPERSON.— had enormous difficulty convincing our ernors and approved by the Secretary The Council shall select a Chairperson and Vice Chairperson from among its members. Federal trade officials that the PST of Commerce. Each northern border The Chairperson and Vice Chairperson shall was in fact an international trade dis- State will have two members on the each serve in their respective positions for a pute that warranted their attention Council. The Council members will be period of 2 years, unless such member’s term and action. We had no way of knowing unpaid, and serve a 2-year term. is terminated before the end of the 2-year pe- whether problems similar to the PST The Northern Border States Council riod. dispute existed elsewhere along the on United States-Canada Trade will SEC. 3. DUTIES OF THE COUNCIL. United States-Canada border, or not solve all of our trade problems with (a) IN GENERAL.—The duties and respon- whether it was a more localized prob- Canada. But it will ensure that the sibilities of the Council shall include— voices and views of our northern border (1) advising the President, the Congress, lem. If a body like the Northern Border the United States Trade Representative, the States Council had existed when the States are heard in Washington by our Secretary, and other appropriate Federal and collection of the PST began, it could Federal trade officials. For too long State officials, with respect to— have immediately started inves- their voices have been ignored, and the (A) the development and administration of tigating the issue to determine its im- northern border States have had to suf- United States-Canada trade policies, prac- pact and would have made rec- fer severe economic consequences at tices, and relations, ommendations as to how to deal with various times because of it. This legis- (B) taxation and regulation of cross-border it. lation will bring our States into their wholesale and retail trade in goods and serv- rightful position as full partners for ices between the United States and Canada, The long-standing pattern of unsuc- (C) taxation, regulation, and subsidization cessful negotiations is alarming. In issues that affect cross-border trade of agricultural products, energy products, short, the Northern Border States and traffic with our country’s largest and forest products, and Council will serve as the eyes and ears trading partner. I urge my colleagues (D) the potential for any United States or of our States that share a border with to join me in supporting this important Canadian customs or immigration law or Canada, and who are most vulnerable legislation. policy to result in a barrier to trade between to fluctuations in cross-border trade I ask unanimous consent that the the United States and Canada; and traffic. The Council will be a tool text of the bill be printed in the (2) monitoring the nature and cause of trade issues and disputes that involve one of for Federal and State trade officials to RECORD. There being no objection, the bill was the Council-member States and either the use in monitoring cross-border trade. It Canadian Government or one of the provin- ordered to be printed in the RECORD, as will help ensure that national trade cial governments of Canada; and policy regarding America’s largest follows: (3) if the Council determines that a Coun- trading partner will be developed and S. 226 cil-member State is involved in a trade issue implemented with an eye towards the Be it enacted by the Senate and House of Rep- or dispute with the Government of Canada or unique opportunities and burdens resentatives of the United States of America in one of the provincial governments of Canada, present to the northern border states. Congress assembled, making recommendations to the President, The Northern Border States Council SECTION 1. SHORT TITLE. the Congress, the United States Trade Rep- This Act may be cited as the ‘‘Northern resentative, and the Secretary concerning will be an advisory body, not a regu- Border States Council Act’’. how to resolve the issue or dispute. latory one. Its fundamental purpose SEC. 2. ESTABLISHMENT OF COUNCIL. (b) RESPONSE TO REQUESTS BY CERTAIN PEO- will be to determine the nature and (a) ESTABLISHMENT.—There is established a PLE.— cause of cross-border trade issues or council to be known as the Northern Border (1) IN GENERAL.—Upon the request of the disputes, and to recommend how to re- States-Canada Trade Council (in this Act re- United States Trade Representative, the Sec- solve them. ferred to as the ‘‘Council’’). retary, a Member of Congress who represents The duties and responsibilities of the (b) MEMBERSHIP.— a Council-member State, or the Governor of Council will include, but not be limited (1) COMPOSITION.—The Council shall be a Council-member State, the Council shall composed of 24 members consisting of 2 review and comment on— to, providing advice and policy rec- members from each of the following States: (A) reports of the Federal Government and ommendations on such matters as tax- (A) Maine. reports of a Council-member State govern- ation and the regulation of cross-bor- (B) New Hampshire. ment concerning United States-Canada der wholesale and retail trade in goods (C) Vermont. trade; and services; taxation, regulation and (D) New York. (B) reports of a binational panel or review subsidization of food, agricultural, en- (E) Michigan. established pursuant to chapter 19 of the ergy, and forest-products commodities; (F) Minnesota. North American Free Trade Agreement con- and the potential for Federal and (G) Wisconsin. cerning the settlement of a dispute between (H) North Dakota. the United States and Canada; State/provincial laws and regulations, (I) Montana. (C) reports of an arbitral panel established including customs and immigration (J) Idaho. pursuant to chapter 20 of the North Amer- regulations, to act as nontariff barriers (K) Washington. ican Free Trade Agreement concerning the to trade. (L) Alaska. settlement of a dispute between the United As an advisory body, the Council will (2) APPOINTMENT BY STATE GOVERNORS.— States and Canada; and review and comment on all Federal Not later than 6 months after the date of en- (D) reports of a panel or Appellate Body es- and/or State reports, studies, and prac- actment of this Act, the Secretary of Com- tablished pursuant to the General Agree- tices concerning United States-Canada merce (in this Act referred to as the ‘‘Sec- ment on Tariffs and Trade concerning the settlement of a dispute between the United trade, with particular emphasis on all retary’’) shall appoint two members from each of the States described in paragraph (1) States and Canada. reports from the dispute settlement to serve on the Council. The appointments (2) DETERMINATION OF SCOPE.—Among other panels established under NAFTA. shall be made from a list of nominees sub- issues, the Council shall determine whether These Council reviews will be con- mitted by the Governor of each such State. a trade dispute between the United States ducted upon the request of the United (c) PERIOD OF APPOINTMENT; VACANCIES.— and Canada is the result of action or inac- States Trade Representative, the Sec- Members shall be appointed for terms that tion on the part of the Federal Government retary of Commerce, a Member of Con- are coterminous with the term of the Gov- of Canada or a provincial government of Can- gress from any Council State, or the ernor of the State who nominated the mem- ada. ber. Any vacancy in the Council shall not af- (c) COUNCIL-MEMBER STATE.—For purposes Governor of a Council State. fect its powers, but shall be filled in the of this section, the term ‘‘Council-member If the Council determines that the or- same manner as the original appointment. State’’ means a State described in section igin of a cross-border trade dispute re- (d) INITIAL MEETING.—Not later than 30 2(b)(1) which is represented on the Council sides with Canada, the Council would days after the date on which all members of established under section 2(a).

VerDate 31-JAN-2001 04:41 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.060 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S921 SEC. 4. REPORT TO CONGRESS. ment of this Act and shall submit a final re- SECTION 1. PERMANENT AUTHORITY FOR NA- Not later than 2 years after the date of en- port to the President and the Congress under TIVE AMERICAN VETERANS HOUS- actment of this Act and at the end of each 2- section 4 at least 90 days before such termi- ING LOAN PROGRAM. year period thereafter, the Council shall sub- nation. (a) PERMANENT AUTHORITY.—Section 3761 of mit a report to the President and the Con- SEC. 8. AUTHORIZATION OF APPROPRIATIONS. title 38, United States Code, is amended by gress which contains a detailed statement of (a) IN GENERAL.—There are authorized to striking subsection (c). the findings, conclusions, and recommenda- be appropriated an amount not to exceed (b) REPORTING REQUIREMENTS.—Subsection tions of the Council. $250,000 for fiscal year 2002 and for each fiscal (j) of section 3762 of that title is amended— SEC. 5. POWERS OF THE COUNCIL. year thereafter to the Council to carry out (1) in the matter preceding paragraph (1), (a) HEARINGS.—The Council may hold such the provisions of this Act. by striking ‘‘through 2002’’; and hearings, sit and act at such times and (b) AVAILABILITY.—Any sums appropriated (2) by striking ‘‘pilot’’ each place it ap- places, take such testimony, and receive pursuant to this section shall remain avail- pears. such evidence as the Council considers advisable, without fiscal year limitation, until ex- (c) CONFORMING AMENDMENTS.—(1) Section able to carry out the provisions of this Act. pended. 3761 of that title is further amended— Notice of Council hearings shall be published (A) in subsection (a)— in the Federal Register in a timely manner. By Mr. AKAKA: (i) in the first sentence, by striking ‘‘estab- (b) INFORMATION FROM FEDERAL AGEN- S. 228. A bill to amend title 38, lish and implement a pilot program’’ and in- CIES.—The Council may secure directly from United States Code, to make perma- serting ‘‘carry out a program’’; and any Federal department or agency such in- (ii) in the second sentence, by striking ‘‘es- formation as the Council considers necessary nent the Native American veterans housing loan program, and for other tablish and implement the pilot program’’ to carry out the provisions of this Act. Upon and inserting ‘‘carry out the program’’; and the request of the Chairperson of the Coun- purposes; to the Committee on Vet- (B) in subsection (b), by striking ‘‘pilot’’. cil, the head of such department or agency erans’ Affairs. (2) Section 3762 of that title is further shall furnish such information to the Coun- Mr. AKAKA. Mr. President, I rise to amended— cil. introduce a bill which permanently au- (A) in subsection (b)(1)(E), by striking (c) POSTAL SERVICES.—The Council may thorizes the Native American Veteran ‘‘pilot program established under this sub- use the United States mails in the same Housing Loan Program. chapter is implemented’’ and inserting ‘‘pro- manner and under the same conditions as gram under this subchapter is carried out’’; other departments and agencies of the Fed- In 1992, I authored a bill that estab- (B) in the second sentence of subsection eral Government. lished a pilot program to assist Native (c)(1)(B), by striking ‘‘in order to carry out’’ (d) GIFTS.—The Council may accept, use, American veterans who reside on trust and dispose of gifts or donations of services lands. This pilot program, adminis- and all that follows through ‘‘direct housing or property. tered by the Department of Veterans loans’’ and inserting ‘‘to make direct housing loans under the program under this sub- SEC. 6. COUNCIL PERSONNEL MATTERS. Affairs, VA, provides direct loans to chapter’’; and (a) MEMBERS TO SERVE WITHOUT COMPENSA- Native American veterans to build or (C) in subsection (i)— TION.—Except as provided in subsection (b), purchase homes on trust lands. Pre- members of the Council shall receive no (i) in paragraph (1), by striking ‘‘pilot’’; compensation, allowances, or benefits by viously, Native American veterans who (ii) in paragraph (2)(A)— reason of service to the Council. resided on trust lands were unable to (I) by striking ‘‘pilot program’’ the first (b) TRAVEL EXPENSES.—The members of qualify for VA home loan benefits. This place it appears and inserting ‘‘program pro- the Council shall be allowed travel expenses, disgraceful treatment of Native Amer- vided for under this subchapter’’; and including per diem in lieu of subsistence, at ican veterans was finally corrected (II) by striking ‘‘pilot program’’ the second place it appears and inserting ‘‘that pro- rates authorized for employees of agencies when Congress established the Native under subchapter I of chapter 57 of title 5, gram’’; and American Direct Home Loan Program. (iii) in paragraph (2)(E), by striking ‘‘pilot United States Code, while away from their Despite the challenges of creating a homes or regular places of business in the program’’ and inserting ‘‘program provided performance of services for the Council. program that addresses the needs of for under this subchapter’’. (c) STAFF.— hundreds of different tribal entities, (d) CLERICAL AMENDMENTS.—(1) The section (1) IN GENERAL.—The Chairperson of the VA has successfully entered into agree- heading of section 3761 of that title is amend- Council may, without regard to the civil ments to provide direct VA loans to ed to read as follows: service laws, appoint and terminate an exec- members of 59 tribes and Pacific Island ‘‘§ 3761. Housing loan program’’. utive director and such other additional per- groups, and negotiations continue with (2) The subchapter heading of subchapter V sonnel as may be necessary to enable the other tribes. Since the program’s in- of chapter 37 of that title is amended to read Council to perform its duties. The employ- as follows: ment of an executive director shall be sub- ception, 233 Native American veterans ject to confirmation by the Council and the have been able to achieve home owner- ‘‘SUBCHAPTER V—NATIVE AMERICAN Secretary. ship, and none of the loans approved by VETERAN HOUSING LOAN PROGRAM’’. (2) COMPENSATION.—The Chairperson of the the VA have been foreclosed. (3) The table of sections at the beginning of Council may fix the compensation of the ex- Unfortunately, the authority to issue chapter 37 of that title is amended by strik- ecutive director and other personnel without new loans under this successful pro- ing the item relating to subchapter V and regard to the provisions of chapter 51 and gram will end on December 31, 2001. the item relating to section 3761 and insert- subchapter III of chapter 53 of title 5, United This would be devastating to a number ing the following new items: States Code, relating to classification of po- of Native American veterans who ‘‘SUBCHAPTER V—NATIVE AMERICAN sitions and General Schedule pay rates, ex- would like to participate in this pro- VETERAN HOUSING LOAN PROGRAM cept that the rate of pay for the executive director and other personnel may not exceed gram. Native American veterans who ‘‘3761. Housing loan program.’’. the rate payable for level V of the Executive reside on trust lands should be afforded Schedule under section 5316 of such title. the same benefits available to other By Mr. CAMPBELL: (d) DETAIL OF GOVERNMENT EMPLOYEES.— veterans. Without this program, it S. 231. A bill to amend the Elemen- Any Federal Government employee may be would be incredibly difficult for Native tary and Secondary Education Act of detailed to the Council without reimburse- Americans living on trust lands to ob- 1965 to ensure that seniors are given an ment, and such detail shall be without inter- tain home loan financing. ruption or loss of civil service status or Permanent authorization of this pro- opportunity to serve as mentors, tu- privilege. tors, and volunteers for certain pro- (e) PROCUREMENT OF TEMPORARY AND gram will ensure that Native American veterans are provided equal access to grams; to the Committee on Health, INTERMITTENT SERVICES.—The Chairperson of Education, Labor, and Pensions. the Council may procure temporary and services and benefits available to other intermittent services under section 3109(b) of veterans. I urge my colleagues to sup- Mr. CAMPBELL. Mr. President, the title 5, United States Code, at rates for indi- port this important legislation. future of our nation rests on the small viduals which do not exceed the daily equiva- I ask unanimous consent that a copy shoulders of America’s school children. lent of the annual rate of basic pay pre- of the bill be printed in the RECORD. To help them face that challenge, we scribed for level V of the Executive Schedule There being no objection, the bill was must call on all of our resources and under section 5316 of such title. ordered to be printed in the RECORD, as find new and innovative ways to sup- (f) OFFICE SPACE.—The Secretary shall pro- port our schools, right now. vide office space for Council activities and follows: for Council personnel. S. 228 That is why today, I am introducing SEC. 7. TERMINATION OF THE COUNCIL. Be it enacted by the Senate and House of Rep- the ‘‘Seniors As Volunteers in Our The Council shall terminate on the date resentatives of the United States of America in Schools Act,’’ a bill that will be an im- that is 54 months after the date of enact- Congress assembled, portant step in ensuring that our

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.105 pfrm02 PsN: S31PT1 S922 CONGRESSIONAL RECORD — SENATE January 31, 2001 schools provide a safe and caring place Mr. President, the Seniors as Volun- SEC. 6. AUTHORIZED SERVICES AND ACTIVITIES. for our children to learn and grow. This teers in Our Schools Act of 2001 is one Section 9115(b) (20 U.S.C. 7815(b)) is amend- bill is based on legislation which I in- simple way to address the school safety ed— troduced in the 106th Congress, S. 1851. issue in Colorado and nationwide. I be- (1) in paragraph (6), by striking ‘‘and’’ lieve that as we work to find the re- after the semicolon; I am pleased to have my colleagues (2) in paragraph (7), by striking the period Senators GRASSLEY, AKAKA and INOUYE sources our schools require we must and inserting ‘‘; and’’; and as original co-sponsors. not overlook one of the more plentiful (3) by adding at the end the following: Over the past week, under the leader- and accessible resources at our dis- ‘‘(8) activities that recognize and support ship of President Bush, our nation and posal—willing and capable adult role the unique cultural and educational needs of this body have committed to improving models. This bill provides an oppor- Indian children, and incorporate appro- the nature of our schools. This bill pre- tunity to immediately improve the priately qualified tribal elders and seniors.’’. sents one common-sense approach to lives of younger and older Americans SEC. 7. IMPROVEMENTS OF EDUCATIONAL OP- alike by bringing them together in our PORTUNITIES FOR INDIAN CHIL- enhancing the safety in our schools by DREN. schools. I urge my colleagues to sup- utilizing one of our greatest re- Section 9121(c)(1) (20 U.S.C. 7831(c)(1)) is sources—our senior citizens. port its passage. amended— The bill I introduce today would en- I ask unanimous consent that the bill (1) in subparagraph (J), by striking ‘‘or’’ courage school administrators and be printed in the RECORD. after the semicolon; teachers to use qualified seniors as vol- There being no objection, the bill was (2) by redesignating subparagraph (K) as unteers in federally funded programs ordered to be printed in the RECORD, as subparagraph (L); and and activities authorized by the Ele- follows: (3) by inserting after subparagraph (J) the mentary and Secondary Education Act, S. 231 following: Be it enacted by the Senate and House of Rep- ‘‘(K) activities that recognize and support ESEA. The legislation specifically the unique cultural and educational needs of would encourage the use of seniors as resentatives of the United States of America in Congress assembled, Indian children, and incorporate appro- volunteers in the safe and drug free SECTION 1. SHORT TITLE. priately qualified tribal elders and seniors; schools programs, Indian education This Act may be cited as the ‘‘Seniors as or’’. programs, the 21st Century Community Volunteers in Our Schools Act’’. SEC. 8. PROFESSIONAL DEVELOPMENT. before- and after-school programs and SEC. 2. REFERENCES. Section 9122(d)(1) (20 U.S.C. 7832(d)(1)) is gifted and talented programs. Except as otherwise specifically provided, amended in the second sentence by striking The Seniors as Volunteers in Our whenever in this Act an amendment or re- the period and inserting ‘‘, and may include Schools Act creates no new programs; peal is expressed in terms of an amendment programs designed to train tribal elders and rather it suggests another allowable to, or a repeal of, a section or other provi- seniors.’’. use of funds already allocated. The dis- sion, the reference shall be considered to be SEC. 9. NATIVE HAWAIIAN COMMUNITY-BASED made to a section or other provision of the EDUCATION LEARNING CENTERS. cretion whether to take advantage of Elementary and Secondary Education Act of Section 9210(b) (20 U.S.C. 7910(b)) is amend- this new resource continues to remain 1965 (20 U.S.C. 6301 et seq.). ed— solely with the school systems. SEC. 3. GOVERNOR’S PROGRAMS. (1) in paragraph (2), by striking ‘‘and’’ In my home state of Colorado, a Section 4114(c) (20 U.S.C. 7114(c)) is amend- after the semicolon; and School Safety Summit recommended ed— (2) in paragraph (3), by striking the period connecting each child to a caring adult (1) in paragraph (11), by striking ‘‘and’’ and inserting ‘‘; and’’; and as a way to reduce youth violence. after the semicolon; (3) by adding at the end the following: Studies show that consistent guidance (2) in paragraph (12), by striking the period ‘‘(4) programs that recognize and support and inserting ‘‘; and’’; and the unique cultural and educational needs of by a mentor or caring adult can help (3) by adding at the end the following: Native Hawaiian children, and incorporate reduce teenage pregnancy, substance ‘‘(13) drug and violence prevention activi- appropriately qualified Native Hawaiian el- abuse and youth violence. Evidence ties that use the services of appropriately ders and seniors.’’. also shows that the presence of adults qualified seniors for activities that include SEC. 10. ALASKA NATIVE STUDENT ENRICHMENT on playgrounds, and in hallways and mentoring, tutoring, and volunteering.’’. PROGRAMS. study halls, stabilizes the learning en- SEC. 4. LOCAL DRUG AND VIOLENCE PREVEN- Section 9306(b) (20 U.S.C. 7936(b)) is amend- vironment. TION PROGRAMS. ed— I know firsthand the importance of Section 4116(b) (20 U.S.C. 7116(b)) is amend- (1) in paragraph (3), by striking ‘‘and’’ ed— mentoring based on my own experi- after the semicolon; (1) in paragraph (2), in the matter pre- (2) in paragraph (4), by striking the period ences as a teacher. A mentor can have ceding subparagraph (A), by inserting ‘‘(in- and inserting ‘‘; and’’; and a profound and positive impact on a cluding mentoring by appropriately qualified (3) by adding at the end the following: child’s life. What better way to make seniors)’’ after ‘‘mentoring’’; ‘‘(5) activities that recognize and support our schools safer for our children than (2) in paragraph (2)(C)— the unique cultural and educational needs of to have more caring adults visibly in- (A) in clause (ii), by striking ‘‘and’’ after Alaskan Native children, and incorporate ap- volved? the semicolon; propriately qualified Alaskan Native elders I am pleased to note that the Colo- (B) in clause (iii), by inserting ‘‘and’’ after and seniors.’’. rado Association of School Boards sup- the semicolon; and SEC. 11. GIFTED AND TALENTED CHILDREN. (C) by adding at the end the following: ports the goal of this legislation. Jane Section 10204(b)(3) (20 U.S.C. 8034(b)(3)) is ‘‘(iv) drug and violence prevention activi- amended by striking ‘‘and parents’’ and in- Urschel, the Association’s Associate ties that use the services of appropriately Executive Director states, ‘‘As many serting ‘‘, parents, and appropriately quali- qualified seniors for such activities as men- fied senior volunteers’’. Colorado school districts have already toring, tutoring, and volunteering;’’; (3) in paragraph (4)(C), by inserting ‘‘(in- SEC. 12. 21st CENTURY COMMUNITY LEARNING discovered, having senior citizens in CENTERS. cluding mentoring by appropriately qualified our classrooms helps to build inter- Section 10904(a)(3) (20 U.S.C. 8244(a)(3)) is seniors)’’ after ‘‘mentoring programs’’; and generational relationships and trust. It amended— (4) in paragraph (8), by inserting ‘‘and leads to a richer life for all.’’ (1) in subparagraph (D), by striking ‘‘and’’ which may involve appropriately qualified after the semicolon; I am pleased that a number of seniors seniors working with students’’ after ‘‘set- (2) in subparagraph (E), by striking the pe- in Colorado already are helping in tings’’. schools throughout my state. Many of riod and inserting ‘‘; and’’; and SEC. 5. NATIONAL PROGRAMS. (3) by adding at the end the following: my former and current staffers and Section 4121(a) (20 U.S.C. 7131(a)) is amend- ‘‘(F) a description of how the school or con- ed— their relatives care deeply about this sortium will encourage and use appro- (1) in paragraph (10), by inserting ‘‘, includ- issue and are very involved in volun- priately qualified seniors as volunteers in ac- ing projects and activities that promote the teer and mentoring activities. tivities identified under section 10905.’’. I do not expect this legislation to interaction of youth and appropriately quali- solve all the problems confronting our fied seniors’’ after ‘‘responsibility’’; and By Mr. CLELAND (for himself, (2) in paragraph (13), by inserting ‘‘, includ- schools today. But, I see it as a prac- ing activities that integrate appropriately Mr. DURBIN, Mr. HAGEL, Mr. tical way to help make our schools qualified seniors in activities, such as men- CORZINE, and Ms. LANDRIEU): safer, more caring places for our chil- toring, tutoring, and volunteering’’ after S. 232. A bill to amend the Internal dren. ‘‘title’’. Revenue Code for 1986 to exclude

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.056 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S923 United States savings bond income There being no objection, the bill was (2) Section 162(l) of such Code (relating to from gross income if it is used to pay ordered to be printed in the RECORD, as special rules for health insurance costs of long-term care expenses; to the Com- follows: self-employed individuals) is amended by adding at the end the following new para- mittee on Finance. S. 232 Mr. CLELAND. Mr. President, I am graph: Be it enacted by the Senate and House of Rep- ‘‘(6) COORDINATION WITH SAVINGS BOND IN- very pleased to begin this session with resentatives of the United States of America in COME USED FOR EXPENSES.—Any expense re-introduction of a measure to help Congress assembled, taken into account in determining the exclu- Americans to better afford health care. SECTION 1. EXCLUSION OF UNITED STATES SAV- sion under section 135 shall not be treated as Last Congress, I introduced S. 2066, INGS BOND INCOME FROM GROSS an expense paid for medical care.’’. which would have created a Savings INCOME IF USED TO PAY LONG- (f) CLERICAL AMENDMENTS.— TERM CARE EXPENSES. (1) The heading for section 135 of the Inter- Bond Income Tax-exemption for long- (a) IN GENERAL.—Subsection (a) of section term care services. On July 17, 2000, nal Revenue Code of 1986 is amended by in- 135 of the Internal Revenue Code of 1986 (re- serting ‘‘and long-term care expenses’’ after this measure was adopted by the Sen- lating to income from United States savings ‘‘fees’’. ate as an amendment to S. 2839, the bonds used to pay higher education tuition (2) The item relating to section 135 in the Marriage Penalty Reconciliation bill, and fees) is amended to read as follows: table of sections for part III of subchapter B but unfortunately was not retained in ‘‘(a) EXCLUSION.— of chapter 1 of such Code is amended by in- the final version of the legislation. As ‘‘(1) GENERAL RULE.—In the case of an indi- serting ‘‘and long-term care expenses’’ after vidual who pays qualified expenses during ‘‘fees’’. we all know, Congress did not pass any the taxable year, no amount shall be includ- significant tax relief for health care (g) EFFECTIVE DATE.—The amendments ible in gross income by reason of the redemp- made by this section shall apply to taxable coverage last year. Today, I am joined tion during such year of any qualified United years beginning after December 31, 2000. by Senators DURBIN, HAGEL, CORZINE States savings bond. and LANDRIEU in re-submitting this ‘‘(2) QUALIFIED EXPENSES.—For purposes of By Mr. FEINGOLD (for himself, legislation. this section, the term ‘qualified expenses’ Mr. LEVIN, Mr. WELLSTONE, and means— Many have expressed their con- Mr. CORZINE): tinuing interest in enacting our pro- ‘‘(A) qualified higher education expenses, S. 233. A bill to place a moratorium and posal which would result in a revenue ‘‘(B) eligible long-term care expenses.’’. on executions by the Federal Govern- loss of less than $22 million over ten (b) LIMITATION WHERE REDEMPTION PRO- ment and urge the States to do the years as estimated by the Joint Com- CEEDS EXCEED QUALIFIED EXPENSES.—Section same, while a National Commission on mittee on Taxation while offering sig- 135(b)(1) of the Internal Revenue Code of 1986 the Death Penalty reviews the fairness nificant help in the financing of long- (relating to limitation where redemption of the imposition of the death penalty; term health care needs. It is currently proceeds exceed higher education expenses) to the Committee on the Judiciary. forecasted that in the next 30 years, is amended— Mr. FEINGOLD. Mr. President, one half of all women and a third of all men (1) by striking ‘‘higher education’’ in sub- year ago today, Governor George Ryan paragraph (A)(ii), and in the United States will spend a por- took the bold step of placing a morato- (2) by striking ‘‘HIGHER EDUCATION’’ in the rium on executions in Illinois. He re- tion of their life in a nursing home at heading thereof. fused to sign off on a single execution a cost of $40,000 to $90,000 per year per (c) ELIGIBLE LONG-TERM CARE EXPENSES.— person. I believe the proposed legisla- Section 135(c) of the Internal Revenue Code in Illinois. Why? Because he saw that tion would provide an excellent oppor- of 1986 (relating to definitions) is amended by the system by which people were sen- tunity to assist millions of Americans redesignating paragraph (4) as paragraph (5) tenced to death in Illinois was terribly facing the financial burdens of long- and by inserting after paragraph (3) the fol- flawed. In fact, by the time Governor term care. lowing new paragraph: Ryan made his decision, Illinois had ‘‘(4) ELIGIBLE LONG-TERM CARE EXPENSES.— The bill we are re-introducing today seen more exonerations of innocent The term ‘eligible long-term care expenses’ people than executions. There had been would exclude United States savings means qualified long-term care expenses (as bond income from being taxed if used 13 exonerations and 12 executions. Of defined in section 7702B(c)) and eligible long- the 13 people found innocent, some to pay for long-term health care ex- term care premiums (as defined in section penses. It will assist individuals strug- 213(d)(10)) of— were wrongfully convicted based on po- gling to accommodate costs associated ‘‘(A) the taxpayer, lice or prosecutorial misconduct. Mod- ern DNA testing played a role in yet with many chronic medical conditions ‘‘(B) the taxpayer’s spouse, or another 5 exonerations. And in some and the aging process. Families that ‘‘(C) any dependent of the taxpayer with respect to whom the taxpayer is allowed a cases, it was students from North- claim parents or parents-in-law as de- deduction under section 151.’’. western University—people very much pendents on their tax returns would (d) ADJUSTMENTS.—Section 135(d) of the In- outside the criminal justice system— qualify for this tax credit if savings ternal Revenue Code of 1986 (relating to spe- who played a key role in finding and bond income is used to pay for long- cial rules) is amended by redesignating para- presenting the evidence to secure the graphs (3) and (4) as paragraphs (4) and (5), term care services. ‘‘Sandwich release of wrongfully condemned men. generation″ families paying for both respectively, and by inserting after paragraph (2) the following new paragraph: What did Governor Ryan do in the college education for their children and face of this risk of executing innocent long-term care services for their par- ‘‘(3) ELIGIBLE LONG-TERM CARE EXPENSE AD- JUSTMENTS.—The amount of eligible long- people? Governor Ryan recognized the ents could use the tax credit for either term care expenses otherwise taken into ac- moral stakes that faced him and took program or a combined credit up to the count under subsection (a) with respect to an the courageous step of suspending exe- allowable amount. individual shall be reduced (before the appli- cutions. He said, ‘‘until I can be sure The last Congress took an important cation of subsection (b)) by the sum of— with moral certainty that no innocent step in addressing our growing long- ‘‘(A) any amount paid for qualified long- man or woman is facing a lethal injec- term care needs by enacting H.R. 4040, term care services (as defined in section tion, no one will meet that fate.’’ Is the Long-Term Care Security Act. H.R. 7702B(c)) provided to such individual and de- that too much to ask—that innocent scribed in section 213(d)(11), plus 4040, which was signed into law on Sep- men and women not be put to death? I tember 19, 2000, created the largest em- ‘‘(B) any amount received by the taxpayer or the taxpayer’s spouse or dependents for believe the vast majority of Americans ployer-based long-term care insurance the payment of eligible long-term care ex- would say it is not too much to ask. program in American history. Addi- penses which is excludable from gross in- Governor Ryan has been an ardent tional steps are needed and our pro- come.’’. death penalty supporter, having argued posal will make long-term care more (e) COORDINATION WITH DEDUCTIONS.— vehemently for its use while a member obtainable by more Americans. I urge (1) Section 213 of the Internal Revenue of the Illinois legislature. But now, as you to support this needed tax relief Code of 1986 (relating to medical, dental, Governor, he was faced with the awe- for Americans struggling with the high etc., expenses) is amended by adding at the some responsibility of carrying out the end the following new subsection: cost of assistive and nursing home final stage of this punishment. Fol- ‘‘(f) COORDINATION WITH SAVINGS BOND IN- care. COME USED FOR EXPENSES.—Any expense lowing his decision to place a morato- I ask that this proposal to provide taken into account in determining the exclu- rium on executions, he promptly ap- tax relief for long-term care services be sion under section 135 shall not be treated as pointed a panel of distinguished pros- printed in the RECORD. an expense paid for medical care.’’. ecutors and defense lawyers, as well as

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.122 pfrm02 PsN: S31PT1 S924 CONGRESSIONAL RECORD — SENATE January 31, 2001 civic and political leaders. That panel LEVIN, to support the Innocence Pro- have represented people subsequently is charged with thoroughly reviewing tection Act. This bill would bring convicted and sentenced to death. But, the flaws in the administration of the greater fairness to the administration as the Columbia study shows, access to death penalty in Illinois. of the death penalty. I commend Sen- modern DNA testing and efforts to en- But these problems—and particularly ator LEAHY for his leadership on this sure competent counsel in capital cases the risk of executing an innocent per- bill, particularly for highlighting the are only two of the many menacing son—are not unique to Illinois. They need for access to modern DNA testing. problems plaguing the administration exist throughout our Nation. That is During the last year, as a result of his of the death penalty. why today I rise to re-introduce the leadership, the American people are be- The second common error, according National Death Penalty Moratorium ginning to understand the value and to the Columbia study, is the role of Act. This bill seeks to apply the wis- necessity of modern DNA testing in our police or prosecutorial misconduct in dom of Governor Ryan and the people criminal justice system. But while we suppressing evidence that could mean of Illinois to the federal government work to pass these needed reforms, a the difference between guilt and inno- and all states that authorize the use of time-out is needed to ensure the integ- cence, or life and death. The risk of po- capital punishment. I am pleased that rity and fairness of our criminal justice lice or prosecutorial misconduct is in- my distinguished colleagues, Senators system. The time for a moratorium is creased in capital cases. Why? Because LEVIN, WELLSTONE and CORZINE, have now. capital cases are usually high profile, joined me in cosponsoring this bill. According to a study led by Columbia high stakes cases, particularly for the Governor Ryan’s decision was a wa- University Law Professor Jim Liebman police or prosecutor’s personal, profes- tershed event. During the last year, his and released last June, the overall rate sional advancement. One problem in- action was a significant factor in of error in America’s death penalty volves the use of jailhouse informant unleashing a renewed, national debate system is 68 percent. Reviewing over testimony. Police or prosecutors use on the death penalty. For the first 4,500 appeals between 1973 and 1995, the jailhouse informants who claim to have time in many years, people are begin- report found that courts detected seri- heard the defendant confess to a crime. ning to understand that our system is ous, reversible error in nearly 7 of These informants’ testimony, however, fallible. Mistakes can be made. Mis- every 10 of the capital sentences that is inherently unreliable because they takes have been made. But mistakes were fully reviewed. It is appalling that have a strong incentive to lie: their should not be made, particularly when the system is producing so many mis- testimony to convict another person mistakes can mean the difference be- takes. And, of course, the question re- can mean reduced charges or a lighter tween life and death. In fact, overall mains: Are we in fact catching all the sentence in their own case. support for the death penalty has mistakes? Similarly, prosecutors may rely on dropped to an almost 20-year low. Ac- The Columbia study is further evi- the testimony of co-defendants who cording to an NBC News/Wall Street dence that Illinois’ problems are not also may have strong incentives to lie Journal poll, 63 percent of Americans unique. The overall error rate in Illi- to avoid tougher charges or harsher support a suspension of executions nois was 66 percent, just below the na- sentences. Yet another area of police while questions of fairness are ad- tional average, which means that some misconduct involves false confessions. dressed. states are well above Illinois. I can’t Take the case of Gary Gauger. Gauger The time to prevent the execution of underscore this enough. The serious, was wrongfully convicted of murdering the innocent is now. The time to re- prejudicial error that results in rever- his parents on the basis of a false con- store fairness and justice is now. The sals is a phenomenon nationally, not fession obtained by police. In 1993, he time to act is now. The time for a mor- just in Illinois. was convicted and sent to Illinois’ atorium is now. In the words of the study’s authors, death row. The main piece of evidence Governor Ryan was greatly troubled our system is ‘‘collapsing under the against him was a so-called ‘‘confes- by the number of innocent people sent weight of its own mistakes.’’ Mr. Presi- sion’’ that the police claimed they ob- to death row in Illinois—13 people, and dent, if our death penalty system was a tained after holding Gauger for 21 still counting. Since the 1970s, 93 peo- business enterprise that had an error hours without food or access to an at- ple have been exonerated nationwide. rate in producing widgets of 68 percent, torney. The police wrote out a version At the same time, we have executed that business would undertake a thor- of the murder and tried to convince close to 700 people. That means for ough, top to bottom review. Let’s con- Gauger that he had killed his parents every seven people who have been exe- duct a thorough, top to bottom review while in a blackout state. He refused to cuted, we have found one person sitting of our nation’s death penalty system. sign the ‘‘confession.’’ But the prosecu- on death row who should not have been The Columbia study found that the tion introduced the unsigned confes- there. And it’s not just Illinois that has most common errors are (1) egregiously sion against him at trial. His defense sent innocent people to death row. incompetent defense counsel who failed attorney did virtually no work pre- Twenty-two of the 38 states that au- to look for important evidence that the paring for trial, telling Gauger’s sister thorize capital punishment have had defendant was innocent or did not de- that ‘‘death penalty cases are won on exonerations. In fact, Florida actually serve to die; and (2) police or prosecu- appeal.’’ Fortunately for Gauger, exceeds Illinois in total number of peo- tors who discovered that kind of evi- Northwestern University Law Pro- ple exonerated: Florida has had 20. dence but suppressed it, again keeping fessor Larry Marshall took over his Oklahoma has exonerated 7, Texas has it from the jury. On retrial where re- case and Gauger’s conviction was re- exonerated 7 people, Georgia has exon- sults are known, 82 percent of the reversed. In the meantime, the real kill- erated 6 people, and on and on. Mr. versals resulted in sentences less than ers were discovered when FBI agents, President, while we explore ways to re- death, while another 7 percent were listening to wiretapped conversations duce and eliminate the risk of exe- found to be innocent of the crime that during an FBI investigation of a mo- cuting the innocent, not a single per- sent them to death row. When the sys- torcycle gang, heard the killers de- son should be executed. The time to act tem sends an innocent person to death scribe murdering Gauger’s parents. is now. The time for a moratorium is row, there is a double loss: the inno- Gauger finally got his freedom, but now. cent person is robbed of freedom and only after being unfairly and unjustly My distinguished colleague from the real killer is still free, free to po- dragged through our criminal justice Vermont, the ranking member of the tentially do more harm. system. Our law enforcement officers Judiciary Committee, Senator LEAHY, Senator LEAHY’s Innocence Protec- do a great job, but we must act to un- has championed the need for access to tion Act is a first step in the fight to derstand the role of misconduct by po- modern DNA testing and certain min- ensure that defendants facing capital lice and prosecutors and its contribu- imum standards of competency for de- charges receive competent legal rep- tion to creating a high rate of error in fense counsel in capital cases. I have resentation. We have heard stories of capital cases. The time to act is now. joined him and many of our distin- sleeping lawyers, drunk lawyers, law- The time for a moratorium is now. guished colleagues, including Senators yers who are paid less than a living Another problem with our nation’s GORDON SMITH, COLLINS, JEFFORDS, and wage, all of whom are lawyers who administration of the death penalty is

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.090 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S925 the glaring racial disparity in decisions confessions, thus making subsequent (A) The fairness of the administration of about who shall be executed. One of the scrutiny of the legality and reliability the Federal death penalty has recently come most disturbing statistics suggests of such interrogations more difficult. under serious scrutiny, specifically raising that white victims are valued more Federal prosecutors rely heavily on questions of racial and geographic dispari- highly by the system than non-whites. predictions of ‘‘future dangerous- ties: (i) Eighty percent of Federal death row in- Since reinstatement of the modern ness’’—predictions deemed unreliable mates are members of minority groups. death penalty, 83 percent of capital and misleading by the American Psy- (ii) A report released by the Department of cases involve white victims, even chiatric Association and the American Justice on September 12, 2000, found that 80 though murder victims are African Psychological Association—to secure percent of defendants who were charged with American or white in roughly equal death sentences. death-eligible offenses under Federal law and numbers. Nationwide, more than half I was pleased when, in December 2000, whose cases were submitted by the United the death row inmates are African President Clinton stayed Juan Raul States attorneys under the Department’s Americans or Hispanic Americans. Garza’s execution and ordered the Jus- death penalty decision-making procedures Racial disparities are particularly tice Department to conduct further re- were African American, Hispanic American, pronounced at the federal level. Ac- views of the racial and regional dis- or members of other minority groups. (iii) The Department of Justice report cording to a report released by the Jus- parities in the federal death penalty shows that United States attorneys in only 5 tice Department in September 2000, system. Before the federal government of 94 Federal districts—1 each in Virginia, whether a defendant lives or dies in the takes this step, resuming executions Maryland, Puerto Rico, and 2 in New York— federal system appears to relate to the for the first time in almost 40 years, we submit 40 percent of all cases in which the color of the defendant’s skin or the fed- should be sure that our system of ad- death penalty is considered. eral district in which the prosecution ministering the ultimate punishment (iv) The Department of Justice report takes place. The report also found that is fair and just. shows that United States attorneys who 80 percent of the cases submitted for I urge my colleagues to join me in co- have frequently recommended seeking the death penalty prosecution authoriza- sponsoring the National Death Penalty death penalty are often from States with a tion involved minority defendants. Moratorium Act. This bill would place high number of executions under State law, including Texas, Virginia, and Missouri. Furthermore, according to the Depart- a moratorium on federal executions (v) The Department of Justice report ment of Justice, white defendants are and urge the States to do the same. shows that white defendants are more likely more likely than black defendants to The bill would also create a National than black defendants to negotiate plea bar- negotiate plea bargains saving them Commission on the Death Penalty to gains saving them from the death penalty in from the death penalty in Federal review the fairness of the administra- Federal cases. cases. In fact, currently, 16 of the 20, or tion of the death penalty at the state (vi) A study conducted by the House Judi- 80 percent, of federal death row in- and federal levels. This Commission ciary Subcommittee on Civil and Constitu- mates are racial or ethnic minorities. would be an independent, blue ribbon tional Rights in 1994 concluded that 89 per- The federal death penalty system panel of distinguished prosecutors, decent of defendants selected for capital pros- also shows a troubling geographic dis- ecution under the Anti-Drug Abuse Act of fense attorneys, jurists and others. 1988 were either African American or His- parity. The Department of Justice re- The need for a moratorium could not panic American. port shows that United States Attor- be more critical than it is today. The (vii) The National Institute of Justice has neys in only 5 of 94 Federal districts— time to act is now. The time for a mor- already set into motion a comprehensive 1 each in Virginia, Maryland, Puerto atorium is now. study of these racial and geographic dispari- Rico, and 2 in New York—submit 40 I ask unanimous consent that the ties. percent of all cases in which the death text of the bill be printed in the (viii) Federal executions should not pro- penalty is considered. In fact, U.S. at- RECORD. ceed until these disparities are fully studied, torneys who have frequently rec- There being no objection, the bill was discussed, and the federal death penalty process is subjected to necessary remedial ommended seeking the death penalty ordered to be printed in the RECORD, as follows: action. are often from States with a high num- (B) In addition to racial and geographic ber of executions under State law, in- S. 233 disparities in the administration of the fed- cluding Texas, Virginia, and Missouri. Be it enacted by the Senate and House of Rep- eral death penalty, other serious questions The National Institute of Justice is resentatives of the United States of America in exist about the fairness and reliability of already setting into motion a com- Congress assembled, federal death penalty prosecutions: prehensive study of these racial and ge- SECTION 1. SHORT TITLE. (i) Federal prosecutors rely heavily on bar- ographic disparities. Federal execu- This Act may be cited as the ‘‘National gained-for testimony from accomplices of tions should not proceed until these Death Penalty Moratorium Act of 2001’’. the capital defendant, which is often ob- disparities are fully studied and dis- TITLE I—MORATORIUM ON THE DEATH tained in exchange for not seeking the death cussed, and until the federal death pen- PENALTY penalty against the accomplices. This practice creates a serious risk of false testimony. alty process is subjected to necessary SEC. 101. FINDINGS. Congress makes the following findings: (ii) Federal prosecutors are not required to remedial action. provide discovery sufficiently ahead of trial In addition to racial and geographic (1) GENERAL FINDINGS.— (A) The administration of the death pen- to permit the defense to be prepared to use disparities in the administration of the alty by the Federal government and the this information effectively in defending federal death penalty, other serious States should be consistent with our Na- their clients. questions exist about the fairness and tion’s fundamental principles of fairness, (iii) The Federal Bureau of Investigation reliability of federal death penalty justice, equality, and due process. (FBI), in increasing isolation from the rest of prosecutions. Federal prosecutors rely (B) At a time when Federal executions are the nation’s law enforcement agencies, re- heavily on bargained-for testimony scheduled to recommence, Congress should fuses to make electronic recordings of interrogations that produce confessions, thus from accomplices of the capital defend- consider that more than ever Americans are making subsequent scrutiny of the legality ant, which is often obtained in ex- questioning the use of the death penalty and calling for assurances that it be fairly ap- and reliability of such interrogations more change for not seeking the death pen- plied. Support for the death penalty has difficult. alty against the accomplices. This dropped to the lowest level in 19 years. An (iv) Federal prosecutors rely heavily on practice creates a serious risk of false NBC News/Wall Street Journal Poll revealed predictions of ‘‘future dangerousness’’—pre- testimony. that 63 percent of Americans support a sus- dictions deemed unreliable and misleading Federal prosecutors are not required pension of executions until questions of fair- by the American Psychiatric Association to provide discovery sufficiently ahead ness can be addressed. and the American Psychological Associa- of trial to permit the defense to be pre- (C) Documented unfairness in the Federal tion—to secure death sentences. pared to use this information effec- system requires Congress to act and suspend (3) ADMINISTRATION OF THE DEATH PENALTY BY THE STATES.— tively in defending their clients. The Federal executions. Additionally, substantial evidence of unfairness throughout death (A) The punishment of death carries an es- FBI, in increasing isolation from the penalty States justifies further investigation pecially heavy burden to be free from arbi- rest of the nation’s law enforcement by Congress. trariness and discrimination. The Supreme agencies, refuses to make electronic re- (2) ADMINISTRATION OF THE DEATH PENALTY Court has held that ‘‘super due process’’, a cordings of interrogations that produce BY THE FEDERAL GOVERNMENT.— higher standard than that applied in regular

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.091 pfrm02 PsN: S31PT1 S926 CONGRESSIONAL RECORD — SENATE January 31, 2001 criminal trials, is necessary to meet con- (iv) The misuse of forensic evidence can SEC. 102. FEDERAL AND STATE DEATH PENALTY stitutional requirements. There is signifi- lead to wrongful convictions. A recently re- MORATORIUM. cant evidence that States are not providing leased report from the Texas Defender Serv- (a) IN GENERAL.—The Federal Government this heightened level of due process. For ex- ice entitled ‘‘A State of Denial: Texas and shall not carry out any sentence of death im- ample: the Death Penalty’’ found 160 cases of offi- posed under Federal law until the Congress (i) In the most comprehensive review of cial forensic misconduct including 121 cases considers the final findings and rec- modern death sentencing, Professor James where expert psychiatrists testified ‘‘with ommendations of the National Commission Liebman and researchers at Columbia Uni- absolute certainty that the defendant would on the Death Penalty in the report sub- versity found that, during the period 1973 to be a danger in the future’’, often without mitted under section 202(c)(2) and the Con- 1995, 68 percent of all death penalty cases re- even interviewing the defendant. gress enacts legislation repealing this sec- viewed were overturned due to serious con- (E) The sixth amendment to the Constitu- tion and implements or rejects the guide- stitutional errors. In the wake of the tion guarantees all accused persons access to lines and procedures recommended by the Liebman study, 6 States (Arizona, Maryland, competent counsel. The Supreme Court set Commission. North Carolina, Illinois, Indiana, and Ne- out standards for determining competency in (b) SENSE OF CONGRESS.—It is the sense of Congress that each State that authorizes the braska), as well as the Chicago Tribune and the case of Strickland v. Washington, 466 use of the death penalty should enact a mor- the Texas Defender Service are conducting U.S. 668 (1984). Unfortunately, there is un- atorium on executions to allow time to re- additional studies. These studies may expose equal access to competent counsel through- view whether the administration of the additional problems. With few exceptions, out death penalty States. For example: death penalty by that State is consistent the rate of error was consistent across all (i) Ninety percent of capital defendants with constitutional requirements of fairness, death penalty States. cannot afford to hire their own attorney. justice, equality, and due process. (ii) Forty percent of the cases overturned (ii) Fewer than one-quarter of the 38 death were reversed in Federal court after having penalty States have set any standards for TITLE II—NATIONAL COMMISSION ON THE been upheld by the States. competency of counsel and in those few DEATH PENALTY (B) The high rate of error throughout all States, these standards were set only re- SEC. 201. ESTABLISHMENT OF COMMISSION. death penalty jurisdictions suggests that cently. In most States, any person who (a) ESTABLISHMENT.—There is established a there is a grave risk that innocent persons passes a bar examination, even if that attor- commission to be known as the National may have been, or will likely be, wrongfully ney has never represented a client in any Commission on the Death Penalty (in this executed. Although the Supreme Court has type of case, may represent a client in a title referred to as the ‘‘Commission’’). never conclusively addressed the issue of death penalty case. (b) MEMBERSHIP.— whether executing an innocent person would (iii) Thirty-seven percent of capital cases (1) APPOINTMENT.—Members of the Com- in and of itself violate the Constitution, in were reversed because of ineffective assist- mission shall be appointed by the President Herrara v. Collins, 506 U.S. 390 (1993), a ma- ance of counsel, according to the Columbia in consultation with the Attorney General jority of the court expressed the view that a study. and the Chairmen and Ranking Members of persuasive demonstration of actual inno- (iv) The recent Texas report noted prob- the Committees on the Judiciary of the cence would violate substantive due process lems with Texas defense attorneys who slept House of Representatives and the Senate. rendering imposition of a death sentence un- through capital trials, ignored obvious excul- (2) COMPOSITION.—The Commission shall be constitutional. In any event, the wrongful patory evidence, suffered discipline for eth- composed of 15 members, of whom— conviction and sentencing of a person to ical lapses or for being under the influence of (A) 3 members shall be Federal or State death is a serious concern for many Ameri- drugs or alcohol while representing an indi- prosecutors; cans. For example: gent capital defendant at trial. (B) 3 members shall be attorneys experi- (i) After 13 innocent people were released (v) Poor lawyering was also cited by Gov- enced in capital defense; from Illinois death row in the same period ernor Ryan in Illinois as a basis for a mora- (C) 2 members shall be current or former that the State had executed 12 people, on torium. More than half of all capital defend- Federal or State judges; January 31, 2000, Governor George Ryan of Il- ants there were represented by lawyers who (D) 2 members shall be current or former linois imposed a moratorium on executions were later disciplined or disbarred for uneth- Federal or State law enforcement officials; until he could be ‘‘sure with moral certainty ical conduct. and that no innocent man or woman is facing a (F) The Supreme Court has held that it is (E) 5 members shall be individuals from lethal injection, no one will meet that fate’’. a violation of the eighth amendment to im- the public or private sector who have knowl- (ii) Since 1973, 93 persons have been freed pose the death penalty in a manner that is edge or expertise, whether by experience or and exonerated from death rows across the arbitrary, capricious, or discriminatory. training, in matters to be studied by the country, most after serving lengthy sen- McKlesky v. Kemp, 481 U.S. 279 (1987). Stud- Commission, which may include— tences. ies consistently indicate racial disparity in (i) officers or employees of the Federal (C) Wrongful convictions create a serious the application of the death penalty both for Government or State or local governments; public safety problem because the true killer the defendants and the victims. The death (ii) members of academia, nonprofit orga- is still at large, while the innocent person penalty is disparately applied in various re- nizations, the religious community, or indus- languishes in prison. gions throughout the country, suggesting ar- try; and (D) There are many systemic problems bitrary administration of the death penalty (iii) other interested individuals. that result in innocent people being con- based on where the prosecution takes place. (3) BALANCED VIEWPOINTS.—In appointing victed such as mistaken identification, reli- For example: the members of the Commission, the Presi- ance on jailhouse informants, reliance on (i) Of the 85 executions in the year 2000, 51 dent shall, to the maximum extent prac- faulty forensic testing and no access to reli- percent of the defendants were white, 40 per- ticable, ensure that the membership of the able DNA testing. For example: cent were black, 7 percent were Latino and 2 Commission is fairly balanced with respect (i) A study of cases of innocent people who percent Native American. Of the victims in to the opinions of the members of the Com- were later exonerated, conducted by attor- the underlying murder, 76 percent were mission regarding support for or opposition neys Barry Scheck and Peter Neufeld with white, 18 percent were black, 2 percent were to the use of the death penalty. ‘‘The Innocence Project’’ at Cardozo Law Latino, and 3 percent were ‘‘other’’. These (4) DATE.—The appointments of the initial School, showed that mistaken identifica- figures show a continuing trend since rein- members of the Commission shall be made tions of eyewitnesses or victims contributed statement of the modern death penalty of a not later than 30 days after the date of en- to 84 percent of the wrongful convictions. predominance of white victims’ cases. De- actment of this Act. (ii) Many persons on death row were con- spite the fact that nationally whites and (c) PERIOD OF APPOINTMENT.—Each member victed prior to 1994 and did not receive the blacks are victims of murder in approxi- shall be appointed for the life of the Commis- benefit of modern DNA testing. At least 10 mately equal numbers, 83 percent of the vic- sion. individuals sentenced to death have been ex- tims involved in capital cases overall since (d) VACANCIES.—A vacancy in the Commis- onerated through post-conviction DNA test- reinstatement, and 76 percent of the victims sion shall not affect the powers of the Com- ing, some within days of execution. Yet in in 2000, have been white. Since this disparity mission, but shall be filled in the same man- spite of the current widespread prevalence is confirmed in studies that control for simi- ner as the original appointment. (e) INITIAL MEETING.—Not later than 30 and availability of DNA testing, many lar crimes by defendants with similar back- days after all initial members of the Com- States have procedural barriers blocking in- grounds, it implies that white victims are mission have been appointed, the Commis- troduction of post-conviction DNA testing. considered more valuable in the criminal sion shall hold the first meeting. More than 30 States have laws that require a justice system. (f) MEETINGS.—The Commission shall meet motion for a new trial based on newly dis- (ii) Executions are conducted predomi- at the call of the Chairperson. covered evidence to be filed within 6 months nately in southern States. Ninety percent of (g) QUORUM.—A majority of the members of or less. all executions in 2000 were conducted in the the Commission shall constitute a quorum (iii) The widespread use of jailhouse south. Only 3 States outside the south, Ari- for conducting business, but a lesser number snitches who earn reduced charges or sen- zona, California, and Missouri, conducted an of members may hold hearings. tences by fabricating ‘‘admissions’’ by fellow execution in 2000. Texas accounted for al- (h) CHAIR.—The President shall designate 1 inmates to unsolved crimes can lead to most as many executions as all the remain- member appointed under subsection (a) to wrongful convictions. ing States combined. serve as the Chair of the Commission.

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.136 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S927

(i) RULES AND PROCEDURES.—The Commis- President, the Attorney General, and the paid from funds available to pay the ex- sion shall adopt rules and procedures to gov- Congress which shall contain a detailed penses of the Commission. ern the proceedings of the Commission. statement of the findings and conclusions of SEC. 204. COMMISSION PERSONNEL MATTERS. SEC. 202. DUTIES OF THE COMMISSION. the Commission, together with the rec- (a) COMPENSATION OF MEMBERS.—Members (a) STUDY.— ommendations of the Commission for legisla- of the Commission shall serve without com- (1) IN GENERAL.—The Commission shall tion and administrative actions that imple- pensation for the services of the member to conduct a thorough study of all matters re- ment the guidelines and procedures that the the Commission. lating to the administration of the death Commission considers appropriate. (b) TRAVEL EXPENSES.—The members of penalty to determine whether the adminis- SEC. 203. POWERS OF THE COMMISSION. the Commission shall be allowed travel ex- tration of the death penalty comports with (a) INFORMATION FROM FEDERAL AND STATE penses, including per diem in lieu of subsist- constitutional principles and requirements AGENCIES.— ence, at rates authorized for employees of of fairness, justice, equality, and due proc- (1) IN GENERAL.—The Commission may se- agencies under subchapter I of chapter 57 of ess. cure directly from any Federal or State de- title 5, United States Code, while away from (2) MATTERS STUDIED.—The matters studied partment or agency information that the their homes or regular places of business in by the Commission shall include the fol- Commission considers necessary to carry out the performance of services for the Commis- lowing: the provisions of this title. sion. (A) Racial disparities in capital charging, (2) FURNISHING OF INFORMATION.—Upon a (c) STAFF.— prosecuting, and sentencing decisions. request of the Chairperson of the Commis- (1) IN GENERAL.—The Chairperson of the (B) Disproportionality in capital charging, sion, the head of any Federal or State de- Commission may, without regard to the civil prosecuting, and sentencing decisions based partment or agency shall furnish the infor- service laws and regulations, appoint and on geographic location and income status of mation requested by the Chairperson to the terminate an executive director and such defendants or any other factor resulting in Commission. other additional personnel as may be nec- such disproportionality. (b) POSTAL SERVICES.—The Commission essary to enable the Commission to perform (C) Adequacy of representation of capital may use the United States mails in the same the duties of the Commission. defendants, including consideration of the manner and under the same conditions as (2) EXECUTIVE DIRECTOR.—The employment American Bar Association ‘‘Guidelines for other departments and agencies of the Fed- of an executive director shall be subject to the Appointment and Performance of Coun- eral Government. confirmation by the Commission. (c) GIFTS.—The Commission may accept, sel in Death Penalty Cases’’ (adopted Feb- (3) COMPENSATION.—The Chairperson of the use, and dispose of gifts or donations of serv- Commission may fix the compensation of the ruary 1989) and American Bar Association ices or property. policies that are intended to encourage com- executive director and other personnel with- (d) HEARINGS.—The Commission or, at the out regard to the provisions of chapter 51 and petency of counsel in capital cases (adopted direction of the Commission, any sub- February 1979, February 1988, February 1990, subchapter III of chapter 53 of title 5, United committee or member of the Commission, States Code, relating to classification of po- and August 1996). may, for the purpose of carrying out the pro- sitions and General Schedule pay rates, ex- (D) Whether innocent persons have been visions of this title— cept that the rate of pay for the executive di- sentenced to death and the reasons these (1) hold hearings, sit and act at times and rector and other personnel may not exceed wrongful convictions have occurred. places, take testimony, receive evidence, and the rate payable for level V of the Executive (E) Whether the Federal government administer oaths that the Commission, sub- Schedule under section 5316 of title 5. should seek the death penalty in a State committee, or member considers advisable; (d) DETAIL OF GOVERNMENT EMPLOYEES.— with no death penalty. and (F) Whether courts are adequately exer- Any Federal Government employee may be (2) require, by subpoena or otherwise, the detailed to the Commission without reim- cising independent judgment on the merits attendance and testimony of witnesses and of constitutional claims in State post-con- bursement, and the detail shall be without the production of books, records, correspond- interruption or loss of civil service status or viction and Federal habeas corpus pro- ence, memoranda, papers, documents, tapes, ceedings. privilege. and materials that the Commission, sub- (e) PROCUREMENT OF TEMPORARY AND (G) Whether mentally retarded persons and committee, or member considers advisable. INTERMITTENT SERVICES.—The Chairperson of persons who were under the age of 18 at the (e) ISSUANCE AND ENFORCEMENT OF SUB- the Commission may procure temporary and time of their offenses should be sentenced to POENAS.— intermittent services under section 3109(b) of death after conviction of death-eligible of- (1) ISSUANCE.—Subpoenas issued pursuant title 5, United States Code, at rates for indi- fenses. to subsection (d)— viduals which do not exceed the daily equiva- (H) Procedures to ensure that persons sen- (A) shall bear the signature of the Chair- lent of the annual rate of basic pay pre- tenced to death have access to forensic evi- person of the Commission; and scribed for level V of the Executive Schedule dence and modern testing of forensic evi- (B) shall be served by any person or class under section 5316 of title 5. dence, including DNA testing, when modern of persons designated by the Chairperson for testing could result in new evidence of inno- that purpose. SEC. 205. TERMINATION OF THE COMMISSION. The Commission shall terminate 90 days cence. (2) ENFORCEMENT.— after the date on which the Commission sub- (I) Any other law or procedure to ensure (A) IN GENERAL.—In the case of contumacy mits its report under section 202. that death penalty cases are administered or failure to obey a subpoena issued under fairly and impartially, in accordance with subsection (d), the district court of the SEC. 206. FUNDING. the Constitution. United States for the judicial district in (a) IN GENERAL.—The Commission may ex- (b) GUIDELINES AND PROCEDURES.— which the subpoenaed person resides, is pend an amount not to exceed $850,000, as (1) IN GENERAL.—Based on the study con- served, or may be found, may issue an order provided by subsection (b), to carry out this ducted under subsection (a), the Commission requiring that person to appear at any des- title. shall establish guidelines and procedures for ignated place to testify or to produce docu- (b) AVAILABILITY.—Sums appropriated to the administration of the death penalty con- mentary or other evidence. the Department of Justice shall be made available to carry out this title. sistent with paragraph (2). (B) CONTEMPT.—Any failure to obey a court (2) INTENT OF GUIDELINES AND PROCE- order issued under subparagraph (A) may be DURES.—The guidelines and procedures re- punished by the court as a contempt. By Mr. SHELBY: quired by this subsection shall— (3) TESTIMONY OF PERSONS IN CUSTODY.—A S.J. Res. 3. A joint resolution pro- (A) ensure that the death penalty cases are court of the United States within the juris- posing an amendment to the Constitu- administered fairly and impartially, in ac- diction in which testimony of a person held tion of the United States which re- cordance with due process; in custody is sought by the Commission or quires (except during time of war and (B) minimize the risk that innocent per- within the jurisdiction of which such person subject to suspension by the Congress) sons may be executed; and is held in custody, may, upon application by that the total amount of money ex- (C) ensure that the death penalty is not ad- the Attorney General, issue a writ of habeas pended by the United States during ministered in a racially discriminatory man- corpus ad testificandum requiring the custo- any fiscal year not exceed the amount ner. dian to produce such person before the Com- (c) REPORT.— mission, or before a member of the Commis- of certain revenue received by the (1) PRELIMINARY REPORT.—Not later than 1 sion or a member of the staff of the Commis- United States during such fiscal year year after the date of enactment of this Act, sion designated by the Commission for such and not exceed 20 per centum of the the Commission shall submit to the Presi- purpose. gross national product of the United dent, the Attorney General, and the Congress (f) WITNESS ALLOWANCES AND FEES.— States during the previous calender a preliminary report, which shall contain a (1) IN GENERAL.—The provisions of section year; to the Committee on the Judici- preliminary statement of findings and con- 1821 of title 28, United States Code, shall ary. clusions. apply to witnesses requested or subpoenaed (2) FINAL REPORT.—Not later than 2 years to appear at any hearing of the Commission. BUDGET AMENDMENT after the date of enactment of this Act, the (2) TRAVEL EXPENSES.—The per diem and Mr. SHELBY. Mr. President, I rise Commission shall submit a report to the mileage allowances for witnesses shall be today to introduce a balanced budget

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.136 pfrm02 PsN: S31PT1 S928 CONGRESSIONAL RECORD — SENATE January 31, 2001 amendment to the Constitution. This more money would be available for pri- the amounts applicable to unmarried is the same amendment which I have vate sector use, which in turn, would individuals, and for other purposes. introduced in every Congress since the generate substantial economic growth S. 17 97th Congress. Throughout my entire and create thousands of new jobs. More At the request of Mr. CLELAND, his tenure in Congress, during the good money in the pockets of Americans, name was added as a cosponsor of S. 17, economic times and the bad, I have de- more job creation by the economy, a a bill to amend the Federal Election voted much time and attention to this simple step could make this reality-a Campaign Act of 1971 to provide bipar- idea because I believe that the most balanced budget amendment. Further- tisan campaign reform. significant thing that the Federal Gov- more, a balanced budget amendment S. 25 ernment can do to enhance the lives of would also provide the discipline to At the request of Mrs. FEINSTEIN, the all Americans and future generation is keep us on the course towards reducing name of the Senator from New Jersey to ensure that we have a balanced Fed- our massive national debt. (Mr. CORZINE) was added as a cosponsor eral budget. Currently, the Federal Government of S. 25, a bill to provide for the imple- Our Founding Fathers, wise men in- pays hundreds of billions of dollars in mentation of a system of licensing for deed, had great concerns regarding the interest payments on the debt each purchasers of certain firearms and for a capability of those in government to year. This means we spend billions of record of sale system for those fire- operate within budgetary constraints. dollars each year on exactly, nothing. arms, and for other purposes. Alexander Hamilton once wrote that At the end of the year we have nothing S. 29 ‘‘* * * there is a general propensity in of substance to show for these expendi- those who govern, founded in the con- tures. These expenditures do not pro- At the request of Mr. BOND, the name stitution of man, to shift the burden vide better educations for our children, of the Senator from Georgia (Mr. from the present to a future day.’’ they do not make our Nation safer, CLELAND) was added as a cosponsor of Thomas Jefferson commented on the they do not further important medical S. 29, a bill to amend the Internal Rev- moral significance of this ‘‘shifting of research, they do not build new roads. enue Code of 1986 to allow a deduction the burden from the present to the fu- They do nothing but pay the obliga- for 100 percent of the health insurance ture.’’ He said: ‘‘the question whether tions created by the fiscal irrespon- costs of self-employed individuals. one generation has the right to bind sibility of those who came earlier. In S. 41 another by the deficit it imposes is a the end, we need to ensure that we con- At the request of Mr. HATCH, the question of such consequence as to tinue on the road to a balanced budget names of the Senator from Louisiana place it among the fundamental prin- so that we can end the wasteful prac- (Ms. LANDRIEU), the Senator from ciples of government. We should con- tice of making interest payments on Vermont (Mr. LEAHY), the Senator sider ourselves unauthorized to saddle the deficit. from Georgia (Mr. CLELAND), the Sen- posterity with our debts and morally However, opponents of a balanced ator from Massachusetts (Mr. KEN- bound to pay them ourselves.’’ budget amendment act like it is some- NEDY), the Senator from Michigan (Mr. I completely agree with these senti- thing extraordinary. In reality, a bal- LEVIN), the Senator from Iowa (Mr. ments. History has shown that Ham- anced budget amendment will only re- HARKIN), the Senator from Washington ilton was correct. Those who govern quire the government to do what every (Mrs. MURRAY), and the Senator from have in fact saddled future generations American already has to do: balance Nevada (Mr. REID) were added as co- with the responsibility of paying for their checkbook. It is simply a promise sponsors of S. 41, a bill to amend the their debts. For a large part of the past to the American people, and more im- Internal Revenue Code of 1986 to per- 30 years, annual deficits became rou- portantly, to future generations of manently extend the research credit tine and the federal government built Americans, that the government will and to increase the rates of the alter- up massive debt. Furthermore, I be- act responsibility. native incremental credit. lieve that Jefferson’s assessment of the Thankfully the budget is currently S. 77 significance of this is also correct: balanced. However, there are no guar- At the request of Mr. DASCHLE, the intergenerational debt shifting is mor- antees that it will stay as such. We name of the Senator from Wisconsin ally wrong. could see dramatic changes in eco- (Mr. FEINGOLD) was added as a cospon- Some may find it strange that I am nomic conditions. The drain on the sor of S. 77, a bill to amend the Fair talking about the problems of budget government caused by the retirement Labor Standards Act of 1938 to provide deficits and the need for a balanced of the Baby Boomers may exceed ex- more effective remedies to victims of budget amendment at a time when the pectations. Future leaders may fall discrimination in the payment of budget is actually in balance. However, pray to the ‘‘general propensity * * * wages on the basis of sex, and for other I raise this issue now, as I have time to shift the burden’’ that Alexander purposes. and time again in the past, because of Hamilton wrote about so long ago. We S. 88 the seminal importance involved in es- need to establish guarantees for future At the request of Mr. ROCKEFELLER, tablishing a permanent mechanism to generations. The balanced budget the names of the Senator from Mary- ensure that our annual federal budget amendment is the best such mecha- land (Mr. SARBANES) and the Senator is always balanced. Without such an nism available. from Arkansas (Mr. HUTCHINSON) were amendment there is a no guarantee added as cosponsors of S. 88, a bill to that the budget will remain balanced. f amend the Internal Revenue Code of A permanently balanced budget ADDITIONAL COSPONSORS would have a considerable impact in 1986 to provide an incentive to ensure the everyday lives of the American S. 9 that all Americans gain timely and eq- people. A balanced budget would dra- At the request of Mr. CORZINE, his uitable access to the Internet over cur- matically lower interest rates thereby name was added as a cosponsor of S. 9, rent and future generations of saving money for anyone with a home a bill to amend the Internal Revenue broadband capability. mortgage, a student loan, a car loan, Code of 1986 to provide tax relief, and S. 104 credit card debt, or any other interest for other purposes. At the request of Ms. SNOWE, the rate sensitive payment responsibility. S. 11 names of the Senator from Connecticut Simply by balancing its books, the At the request of Mrs. HUTCHISON, the (Mr. DODD) and the Senator from Ar- Federal Government would put real name of the Senator from Mississippi kansas (Mrs. LINCOLN) were added as money into the hands of hard working (Mr. COCHRAN) was added as a cospon- cosponsors of S. 104, a bill to require people. In all practical sense, the effect sor of S. 11, a bill to amend the Inter- equitable coverage of prescription con- of such fiscal responsibility on the part nal Revenue Code of 1986 to eliminate traceptive drugs and devices, and con- of the government would be the same the marriage penalty by providing that traceptive services under health plans. as a significant tax cut for the Amer- the income tax rate bracket amounts, S. 126 ican people. Moreover, if the govern- and the amount of the standard deduc- At the request of Mr. CLELAND, the ment demand for capital is reduced, tion, for joint returns shall be twice name of the Senator from California

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.138 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S929 (Mrs. BOXER) was added as a cosponsor HUTCHISON) was added as a cosponsor of gust 16, 2001 as ‘‘National Airborne of S. 126, a bill to authorize the Presi- S. Con. Res. 5, a concurrent resolution Day.’’ dent to present a gold medal on behalf commemorating the 100th Anniversary On June 25, 1940, the War Department of Congress to former President Jimmy of the United States Army Nurse authorized the Parachute Test Platoon Carter and his wife Rosalynn Carter in Corps. to experiment with the potential use of recognition of their service to the Na- S. CON. RES. 6 airborne troops. The Parachute Test tion. At the request of Mr. BIDEN, his name Platoon, which was composed of 48 vol- S. 134 was added as a cosponsor of S. Con. unteers, performed the first official At the request of Mrs. FEINSTEIN, the Res. 6, a concurrent resolution express- army parachute jump on August 16, name of the Senator from New Jersey ing the sympathy for the victims of the 1940. The success of the Platoon led to the formation of a large and successful (Mr. CORZINE) was added as a cosponsor devastating earthquake that struck of S. 134, a bill to ban the importation India on January 26, 2001, and support airborne contingent that has served of large capacity ammunition feeding for ongoing aid efforts. from World War Two until the present. I was privileged to serve with the devices. f 82nd Airborne Division, one of the first S. 148 SENATE RESOLUTION 16—DESIG- airborne divisions to be organized. In a At the request of Mr. CRAIG, the two-year period during World War Two, NATING AUGUST 16, 2001 AS ‘‘NA- name of the Senator from Pennsyl- the regiments of the 82nd served in TIONAL AIRBORNE DAY’’ vania (Mr. SANTORUM) was added as a Italy at Anzio, in France at Normandy cosponsor of S. 148, a bill to amend the Mr. THURMOND submitted the fol- (where I landed with them), and at the Internal Revenue Code of 1986 to ex- lowing resolution; which was referred Battle of the Bulge. pand the adoption credit, and for other to the Committee on the Judiciary: The 11th, 13th, 17th, and 101st Air- purposes. S. RES. 16 borne Divisions and numerous other S. 170 Whereas the Parachute Test Platoon was regimental and battalion size airborne At the request of Mr. REID, the name authorized by the War Department on June units were also organized following the of the Senator from Louisiana (Mr. 25, 1940, to experiment with the potential use success of the Parachute Test Platoon. BREAUX) was added as a cosponsor of S. of airborne troops; In the last sixty years, these airborne 170, a bill to amend title 10, United Whereas the Parachute Test Platoon was forces have performed in important States Code, to permit retired mem- composed of 48 volunteers that began train- military and peace-keeping operations ing in July, 1940; all over the world, and it is only fitting bers of the Armed Forces who have a Whereas the Parachute Test Platoon per- service-connected disability to receive formed the first official Army parachute that we honor them. both military retired pay by reason of jump on August 16, 1940; Through passage of ‘‘National Air- their years of military service and dis- Whereas the success of the Parachute Test borne Day’’, the Senate will reaffirm ability compensation from the Depart- Platoon led to the formation of a large and our support for the members of the air- ment of Veterans Affairs for their dis- successful airborne contingent serving from borne community and also show our ability. World War II until the present; gratitude for their tireless commit- Whereas the 11th, 13th, 17th, 82nd, and 101st S. 205 ment to our Nation’s defense and Airborne Divisions and the numerous other ideals. At the request of Mrs. HUTCHISON, the regimental and battalion-sized airborne name of the Senator from California units were organized following the success of f (Mrs. BOXER) was added as a cosponsor the Parachute Test Platoon; AUTHORITY FOR COMMITTEES TO of S. 205, a bill to amend the Internal Whereas the 501st Parachute Battalion par- MEET ticipated successfully and valiantly in Revenue Code of 1986 to waive the in- COMMITTEE ON ENERGY AND NATURAL come inclusion on a distribution from achieving victory in World War II; Whereas the airborne achievements during RESOURCES an individual retirement account to World War II provided the basis for con- Mr. HATCH. Mr. President, I ask the extent that the distribution is continuing the development of a diversified unanimous consent that the Com- tributed for charitable purposes. force of parachute and air assault troops; mittee on Energy and Natural Re- S. 206 Whereas paratroopers, glidermen, and air sources be authorized to meet during At the request of Mr. SHELBY, the assault troops of the United States were and the session of the Senate on Wednes- name of the Senator from Kansas (Mr. are proud members of the world’s most ex- day, January 31 at 9:30 a.m. to conduct clusive and honorable fraternity, have BROWNBACK) was added as a cosponsor earned and wear the ‘‘Silver Wings of Cour- an oversight hearing. The hearing is of S. 206, a bill to repeal the Public age’’, have participated in a total of 93 com- entitled ‘‘California’s Electricity Crisis Utility Holding Company Act of 1935, bat jumps, and have distinguished them- and Implications for the West.’’ to enact the Public Utility Holding selves in battle by earning 69 Congressional The PRESIDING OFFICER. Without Company Act of 2001, and for other pur- Medals of Honor, the highest military deco- objection, it is so ordered. poses. ration of the United States, and hundreds of COMMITTEE ON INDIAN AFFAIRS Distinguished Service Crosses and Silver S. 220 Mr. HATCH. Mr. President, I ask Stars; unanimous consent that the Com- At the request of Mr. GRASSLEY, the Whereas these airborne forces have per- name of the Senator from South Da- formed in important military and peace- mittee on Indian Affairs be authorized kota (Mr. JOHNSON) was added as a co- keeping operations, wherever needed, in to meet on Wednesday, January 31, 2001 sponsor of S. 220, a bill to amend title World War II, Korea, Vietnam, Lebanon, at 9:15 a.m. in room 485 of the Russell 11, United States Code, and for other Sinai, the Dominican Republic, Panama, So- Senate Office Building to conduct a purposes. malia, Haiti, and Bosnia; and business/organizational meeting to Whereas the Senate joins together with the S. CON. RES. 3 elect the chairman and vice chairman airborne community to celebrate August 16, of the committee. At the request of Mr. FEINGOLD, the 2001 (the 61st anniversary of the first official The PRESIDING OFFICER. Without names of the Senator from Maine (Ms. parachute jump by the Parachute Test Pla- objection, it is so ordered. COLLINS), the Senator from Louisiana toon), as ‘‘National Airborne Day’’: Now, (Ms. LANDRIEU) and the Senator from therefore, be it f Alabama (Mr. SESSIONS) were added as Resolved, That the Senate— PRIVILEGE OF THE FLOOR (1) designates August 16, 2001, as ‘‘National cosponsors of S. Con. Res. 3, a concur- Mr. LEAHY. Mr. President, I ask rent resolution expressing the sense of Airborne Day’’; and (2) requests that the President issue a unanimous consent that David Gold- Congress that a commemorative post- proclamation calling on Federal, State, and berg and Kara Fecht be granted floor age stamp should be issued in honor of local administrators and the people of the privileges for the remainder of the de- the U.S.S. Wisconsin and all those who United States to observe the day with appro- bate on the nomination of John served aboard her. priate programs, ceremonies, and activities. Ashcroft to be Attorney General. S. CON. RES. 5 Mr. THURMOND. Mr. President, I am The ACTING PRESIDENT pro tem- At the request of Mr. INOUYE, the pleased to rise today to introduce a pore. Without objection, it is so or- name of the Senator from Texas (Mrs. Senate resolution which designates Au- dered.

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A31JA6.139 pfrm02 PsN: S31PT1 S930 CONGRESSIONAL RECORD — SENATE January 31, 2001 ORDERS FOR THURSDAY, head. The attorney general decides someone who has the trust and con- FEBRUARY 1, 2001 when and how to take legal action and fidence of the public. Mr. ALLEN. Mr. President, I ask use government resources supplied by Investigations are now being con- unanimous consent that when the Sen- taxpayer dollars. ducted by the Department of Justice’s ate completes its business today, it ad- Attorneys general do not just enforce Civil Rights division and the United journ until the hour of 9 a.m. on Thurs- the law. They have broad discretion to States Commission on Civil Rights. day, February 1. I further ask consent interpret the law, then enforce it based The focus of these investigations is that on Thursday, immediately fol- on that interpretation. Traditionally, to determine whether these individual lowing the prayer, the Journal of pro- the attorney general does not attend acts, which denied citizens the right to ceedings be approved to date, the political functions or otherwise engage vote, were just that—individual acts of morning hour be deemed expired, the in partisan politics to preserve the ap- incompetence and inefficiency—or time for the two leaders be reserved for pearance of neutrality. whether they represented a conscious Rarely does the president interfere in their use later in the day, and the Sen- pattern intended to deny thousands of the realm of the attorney general—a ate then resume consideration of the Floridians the right to vote. notable exception being when Attorney nomination of John Ashcroft to be At- Allow me to share a few of the allega- General Elliot Richardson resigned to torney General, as under the previous tions. Donnise DeSouza, a Miami attor- avoid complying with President Nix- order. ney, wanted to teach her 5-year-old son on’s order to fire the special prosecutor about democracy by letting him punch The PRESIDING OFFICER. Without investigating the Watergate burglary. objection, it is so ordered. her ballot. Instead she was told her More often, the president consults the name was not on the proper list, and f attorney general for legal counsel and was sent home without having cast a PROGRAM follows that advice. The attorney gen- vote. eral’s interpretations then become gov- Ernest Duval is a Haitian American Mr. ALLEN. Tomorrow the Senate ernment policy. will resume debate on the Ashcroft who lives in Palm Beach County. He, Interpretation of a law by a United like many others, found the ballot lay- nomination at 9 a.m. under the order. States attorney general has been re- Closing remarks will be made throughout confusing. He punched the wrong sponsible for some of this country’s hole, recognized his mistake, and asked out the morning. Senators should be proudest moments, and some of its aware that a vote on confirmation will for a new ballot. His request was de- most shameful. It was a United States nied. He was left with no choice but to occur at 1:45 p.m. Following the final attorney general, in the cabinet of confirmation of the President’s Cabi- repunch the original. His ballot became President Martin Van Buren, who ar- an official ‘‘overvote’’ and was dis- net, the Senate is expected to adjourn gued that the men and women who had in an effort to accommodate those par- carded. He told the NAACP ‘‘I left rebelled against their slave masters on Haiti for the freedom to live in a free ticipating in the party retreats taking the Spanish ship Amistad, were prop- place tomorrow afternoon and into the land. We have the right to choose the erty and should be returned to cap- right person.’’ weekend. tivity. Radio host Stacey Powers visited f It was also the interpretation of civil rights statutes that led Attorney Gen- polling sites to encourage African- ORDER FOR ADJOURNMENT eral Robert Kennedy to use federal American voters and saw police offi- Mr. ALLEN. If there is no further troops to desegregate schools. Kennedy cers harassing an elderly African- business to come before the Senate, I also chose to use the government’s re- American man for doing nothing more now ask that the Senate stand in ad- sources to ensure the right of African- than being in the neighborhood. After journment under the previous order, Americans to vote—filing more than 50 she reported it on the air, a police car following the remarks by the Senator law suits in four states that were re- followed her for five and a half miles. from Florida, Mr. GRAHAM. sisting change. These were not just the complaints of The PRESIDING OFFICER. Without In large part because of this legacy, a few disenfranchised or intimidated objection, it is so ordered. the attorney general has come to be voters. In an operation of this scale, The Senator from Florida. seen as the primary defender of indi- reasonable people recognize that unfortunate mistakes will happen. But on f viduals’ basic civil rights. Because of this protective role, and Election Day, complaints came from NOMINATION OF JOHN ASHCROFT because of the discretionary nature of every corner of the state. Mr. GRAHAM. Mr. President, the po- the job, the attorney general must be a Voters in the City of Plantation were sition of United States Attorney Gen- person who commands the respect of never notified that their polling place, eral is the most sensitive in the execu- all people in the country. That doesn’t Plantation Elementary School, had tive branch. mean that everyone has to agree with been demolished two weeks before I have made a practice of setting a everything the attorney general has Election Day. Reports were made of po- different standard for approval of per- done in the past. lice officers’ blocking roads in close sons nominated to serve in the presi- But the attorney general must be proximity to polling places and of mi- dent’s cabinet and those the president able to carry out the covenant with nority voters being forced to show has chosen for federal judgeships. America that comes with the job—the identification that white voters didn’t In the former instance, there is a agreement to look at the law with an need to have. Phones in a number of very strong presumption that the unbiased eye and enforce it without minority precincts were not working, president should have the right to personal or political prejudice. leaving precinct workers unable to call choose whomever he feels would effec- I submitted questions to Senator central election offices for help with tively carry out his administration’s Ashcroft to help me ascertain his level broken machines and other problems. policies. of commitment to that covenant. Spe- Just as troubling was the informa- With a federal judge nominee, that cifically, I am concerned about the in- tion that came out after the election. presumption is lessened. Federal judges vestigation by the Department of Jus- Statistical analyses by civil rights serve not at the pleasure of the presi- tice Civil Rights Division into allega- groups and news organizations suggest dent, but rather for a lifetime and rep- tions of discrimination in the Novem- that outdated or dilapidated voting resent the third, equal branch of gov- ber 7, 2000 election in Florida. These equipment was most likely to be found ernment. are serious allegations. These are not in areas with a high concentration of I place the appointment of an attor- about chads, or butterflies or any of minority voters. And so it followed ney general in between these two the other arcane voting terms that that minorities were far more likely to standards because of the office’s unique have made their way into the wider have their votes thrown out than were role. American lexicon. These are about white Florida voters. The attorney general has far more Americans and their fundamental The question that remains is whether autonomy than does any other cabinet rights. These must be investigated by these were isolated, though widespread

VerDate 31-JAN-2001 03:37 Feb 01, 2001 Jkt 089060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\G31JA6.150 pfrm02 PsN: S31PT1 January 31, 2001 CONGRESSIONAL RECORD — SENATE S931 incidences, or if there is a broad, sys- In answering my questions, Senator Andrew Goodman and James Chaney, tematic pattern of discouraging or pre- Ashcroft said the right thing, but did were brutally murdered for trying to venting minority votes. so in a perfunctory manner. The an- register African-Americans to vote. If these allegations are swept under swers were long on platitudes, short on More recently, Americans have been the rug, if they go without a thorough specificity. He did not present a course lulled into complacency about voting review—and prosecutions if necessary— of action in pursuit of the truth, nor rights. We seem to believe that if there there will be a permanent scar on the offer potential solutions. are no obvious deterrents to voting, face of our democracy. These allega- Had these answers been the only in- like poll taxes, then there are no vot- tions are germane to these proceedings formation available about Senator ing-rights violations. because the attorney general, by con- Ashcroft’s commitment to civil rights, The events of the past election gressional statute, has almost total I may have accepted them on their face should wake us up. The right to vote and approved this nomination. discretion to enforce federal voting can be violated by armed men lurking But Senator Ashcroft has a long rights laws. menacingly at the door of the polling The attorney general will decide how record of public service that suggests place. the investigation into these allegations enforcement of civil rights is not his proceeds—if it does at all—and what highest priority. My colleagues on the The right to vote can also be stolen will come of the findings. Judiciary Committee raised questions by antiquated voting equipment and I asked Senator Ashcroft several about several of these incidents. I careless or discriminatory purging of questions to further understand his share their concern. I also believe, as the voter rolls. Coupled with his commitment to this investigation: his supporters have said, that Senator record, Senator Ashcroft’s answers to Whether he could assure us that such Ashcroft has a good heart and that he my inquiries do not convince me of a an investigation could be completed in is a man of integrity. genuine commitment to a forceful in- a timely matter. What was his plan of I hope that my apprehensions about vestigation and follow-up action of vot- action for remedies if violations of the Senator Ashcroft turn out to have been ing-rights violations in Florida. Voting Rights Act are identified? unwarranted and that if confirmed, as I I am not confident that action will Would he consider appropriate decerti- assume he will be, he will prove me follow words. Therefore, I will vote fication of all punch-card voting meth- wrong by carrying on a full, fair hear- ‘‘no’’ on the confirmation of John ods and other unreliable methods, or ing of the allegations raised by thou- Ashcroft for United States Attorney discontinue purges of the voter reg- sands of Floridians. General. istration rolls until procedures are put I look forward to the opportunity to in place to ensure that such purges are acknowledge my mistake. But I am not f done in a uniform and non-discrimina- prepared to take the risk that Senator tory fashion? If the United States Com- Ashcroft’s longstanding practice of not ADJOURNMENT UNTIL 9 A.M. mission on Civil Rights does discover defending the civil rights of minorities TOMORROW instances of voter disenfranchisement, will be prologue to his policies as at- will the Department of Justice expand torney general. The PRESIDING OFFICER (Mr. its investigation and aggressively pros- Since the birth of this country people ALLEN). Under the previous order, the ecute violations of the Voting Rights have died fighting for the right to vote. Senate stands adjourned until the hour Act? How will the Department of Jus- Our own American Revolution was of 9 a.m. on Thursday, February 1, 2001. tice use information from this election about lack of representation, lack of Thereupon, the Senate, at 8:08 p.m., to make sure discrimination is not voice and choice in governance. Nearly adjourned in executive session until given free reign in the future? two centuries later Michael Schwerner, Thursday, February 1, 2001, at 9 a.m.

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