January 30, 2001 CONGRESSIONAL RECORD — SENATE S695 know how he got started as an expert National Association of Attorneys Gen- Order, Justice for Homicide Victims, fiddler by virtue of the story he told us eral; having been supported in that po- Justice for Murder Victims, National of receiving the gift of a violin as a sition, I might add, by both Democrats Organization of Parents of Murdered child. and Republicans. After serving his Children, National Association of Man- I thank the Senator for his com- home State as their top law enforce- ufacturers, United States of Commerce, ments, and I thank the Senator for ment agent, he was elected as Mis- Associated Builders and Contractors, yielding. souri’s 50th Governor in 1984. He was American Farm Bureau Federation, Mr. ALLARD. I would also like to reelected in 1988 to a second term, and the American Insurance Associa- join with the Senator in commending where he received 64 percent of the tion. Senator BYRD for his distinguished vote. I could go on and on and continue to service in the Senate. We all respect It was during his second term that he name a total of some 263 groups that him. Whether we agree with him or was recognized as a leader among his have voiced their support for John not, he is one of the more honorable colleagues and was named chairman of Ashcroft to be the next Attorney Gen- Members here, somebody I appreciate. the National Governors’ Association. eral. He has joined on the Budget Com- Again, he was supported by both Demo- John Ashcroft is clearly qualified for mittee; I am new on the Budget Com- crats and Republicans. the job of U.S. Attorney General. mittee. I am looking forward to vis- In 1994, John Ashcroft was elected by He understands what is expected of iting with him about those issues as the people of Missouri, this time to the office. During his hearings he they come up before the Budget Com- serve his State in the U.S. Senate. summed up his duties in one state- mittee. I think it is going to be a chal- While serving in the Senate, Senator ment: lenging year, and it is an important John Ashcroft was a member of the Ju- My responsibility is to uphold the acts of committee. It is an important start for diciary Committee as well as chairman the legislative branch of this government the Congress. of the Judiciary Subcommittee on the and I would do so and continue to do so in re- Hopefully, we will get some legisla- Constitution. His record has shown a gard to the cases that now exist and further tion quickly reported out of there, as strong commitment to upholding the enactments of the Congress. we get the process moving forward. Constitution and the rule of law equal- John Ashcroft is a man of unques- Again, I am glad we have all these ly and fairly. tionably high character and morals animal lovers here in the Senate. I Throughout this grueling nomination who has the knowledge and experience talked to Senator ENSIGN, who is in the process, Members on the other side of to serve our Nation with justice and Chair, about facetiously setting up a the aisle have questioned John excellence as our Nation’s next Attor- veterinary caucus. With all these com- Ashcroft and, in some cases, even ac- ney General. ments, I begin to take it more seri- cused him of allowing race to affect his Thank you Mr. President, I yield the ously. We would like to perhaps extend decision on judicial nominees. floor. an invitation to all the dog lovers here There is absolutely no evidence that Mr. HUTCHINSON. Mr. President, I in the Senate, to see if they would like backs up these absurd allegations. want to take just 1 minute to say a to join us. Let me remind Members of this body word of commendation for my col- Mr. BYRD. I thank the Senator. that as a United States Senator John league, John Ashcroft. As the Judici- f Ashcroft supported 26 of 28 African ary Committee, at this very hour, pre- American Judicial nominees sent to pares to meet for a vote on his con- NOMINATION OF JOHN ASHCROFT the Senate for confirmation by the firmation, I say that this man of honor Mr. ALLARD. Mr. President, I come President. and integrity has gone through an un- to the floor this evening to lend my As the Governor of Missouri, John precedented ordeal in his desire to support to President Bush’s nomina- Ashcroft nominated eight African serve this country as Attorney Gen- tion of John Ashcroft to be the next American judges, including the first eral. United States Attorney General. He is ever to the court of appeals in the I cannot imagine any person who another individual in the Senate whom state. He appointed three African comes to that position with greater I have always viewed as quite honor- American members to his cabinet qualifications or a greater sense of in- able. while he was the chief executive of the tegrity. I do not believe my colleagues It is the constitutional right and state of Missouri. He supported and on either side of the aisle would ques- duty of each President to appoint Cabi- signed into law Missouri’s Martin Lu- tion this man’s commitment nor his net Members who will help serve the ther King, Jr. holiday. He supported faith. In fact, I suggest no one would citizens of this great country during and signed the law that established argue but that he is the man of deepest their tenure. I believe President Bush Scott Joplin’s house as the first and faith in this body, and yet that very has made a wise choice in John only historic site honoring an African faith commitment has been turned on Ashcroft as a member of his Cabinet. American citizen. He led the fight to its head to make it an issue against his John Ashcroft is a man of great save independent Lincoln University, confirmation. I find that astounding honor and high personal integrity. He founded by African American soldiers. and very disappointing. will bring these much needed charac- He established an award, emphasizing The fact that people would ask, can teristics to the office of the U.S. Attor- academic excellence, in the name of John Ashcroft enforce the laws because ney General. I have no doubt about George Washington Carver. I believe of his religion and his faith—John had that. He has had a long and distin- John Ashcroft wants equal opportunity the best answer to it when he said be- guished career serving the people of extended to all. fore the Judiciary Committee: I will Missouri and the people of the United Over the last few weeks we have enforce the laws of this land because of States. I am confident he has the expe- heard from a number of people who my faith. As someone who shares much rience to fulfill the duties of this posi- have questioned the nomination of of the same faith as John Ashcroft, I tion. John Ashcroft. I would like to take a can relate to and understand exactly Those who defended President Clin- few moments to mention some of the what John is saying. ton to the death are now attacking one groups who have endorsed the nominee Though he may hold deep convic- of the most honorable individuals of for Attorney General: tions—and he may or may not agree the Senate as less than honorable. This National District Attorney’s Associa- with all the laws of this land—it is be- was most evident by Senator tion, Fraternal Order of Police, Inter- cause of his deep faith that he knows Ashcroft’s gracious concession to his national Brotherhood of Police Offi- he must enforce the laws of this land— opponent in his Senate race in Mis- cers, Law Enforcement Alliance of and will. souri. America, National Sheriffs Associa- Who in this body would question his John Ashcroft served as Missouri’s tion, Missouri Police Chiefs of Police, sincerity or his honesty? And as he attorney general from 1976 to 1985, National Victims Constitutional stood before the Judiciary Committee, where he worked tirelessly to enforce Amendment Network, Victims of and sat before that Judiciary Com- Missouri State laws and chaired the Crime United, Citizens for Law and mittee, and took that oath to tell the S696 CONGRESSIONAL RECORD — SENATE January 30, 2001 truth, and said he would enforce the throughout the debate over Senator Ashcroft, and, further, that Senator laws of this land—whether he agreed John Ashcroft’s nomination I have said Ashcroft had refused to even meet with with them or not—who would we be that I would only make a decision after him. In fact, John Ashcroft would not and which of my colleagues would dare Senator Ashcroft had a full and fair even attend the nomination hearing in question his sincerity or his honesty? hearing. That is what fairness requires. the Foreign Relations Committee of It was interesting to me, as you look Senator Ashcroft had an opportunity which he was a member. His treatment back historically at how we have pre- to respond to questions before the Sen- of Mr. Hormel, and his varying and viously confirmed Democrat nominees ate Judiciary Committee. I reviewed contradicted claims about the reason for the Cabinet, overwhelming votes, the testimony thoroughly and then I for his decision, give me great pause. without filibusters, and without delay, reached my decision. I want to share It would be easy to give Senator here is a quote about the nomination with my colleagues and the people I Ashcroft the benefit of the doubt if this process worth repeating: represent how I reached the conclusion were an isolated incident, but in addi- We must always take our advice and con- that Senator Ashcroft should not serve tion to Ronnie White and James sent responsibilities seriously because they as Attorney General. Hormel, Senator Ashcroft also treated are among the most sacred. But, I think First, I considered the unique respon- Bill Lann Lee unfairly. As my col- most senators will agree that the standard sibility and trust placed in an Attorney leagues will recall, Bill Lann Lee was we apply in the case of executive branch ap- General. Far more than any other Cab- nominated to be head of the Justice pointments is not as stringent as that for ju- inet officer, the Attorney General of Department Civil Rights Division. In dicial nominees. The president should get to the United States has the power to af- opposing Lee, Ashcroft said Lee had an pick his own team. Unless the nominee is in- intensity that belongs to advocacy, not competent or some other major ethical or in- fect the rights and the lives of all vestigative problem arises in the course of Americans. For that reason, this nomi- the balance that belongs to administra- our carrying out our duties, then the presi- nee must be chosen with great care. tion. dent gets the benefit of the doubt. I can tell you I spent many days and It seems to me that Senator Ashcroft That statement was made by Senator several long nights thinking about would not even pass his own test. Sen- ator Ashcroft’s treatment of Judge LEAHY. He laid down the right stand- qualities I would want to see in an At- ard. He is right. The President should torney General. In addition to being White, Ambassador James Hormel, Bill be able to pick his own team. I hope honest and independent, that person Lann Lee, and others does not show the my colleagues recognize that and will must actively enforce the laws and en- level of fairness that an Attorney Gen- support the confirmation of our distin- sure the public’s confidence in our eral must display. This is not how the U.S. attorney general should treat peo- guished colleague from Missouri, Sen- legal system. The Attorney General ple. ator John Ashcroft. must also display the highest stand- Let me turn to the second standard I Mr. President, I thank you and yield ards of fairness, trust, and respect for considered—trust. The Attorney Gen- the floor. the law. I developed those standards eral must be someone the American I suggest the absence of a quorum. and then I looked at Senator Ashcroft’s people can trust to vigorously protect The PRESIDING OFFICER. The statements in the RECORD. their rights. clerk will call the roll. As I have looked at the facts, it Citizens of this country should feel The legislative clerk proceeded to seems clear that, in his hearing, he ob- comfortable that the highest law en- call the roll. scured his record and did not prove to forcement officer of the land will en- Mrs. MURRAY. Mr. President, I ask me that he is qualified to be Attorney sure their basic liberties. Unfortu- unanimous consent the order for the General. nately, for far too many Americans, quorum call be rescinded. As I said, I have taken great care to Senator Ashcroft’s record creates fear, PRESIDING OFFICER. Without ob- ensure that John Ashcroft had a fair not trust. His appointment sends the jection, it is so ordered. opportunity to respond to the ques- wrong message to Americans who al- Mrs. MURRAY. Mr. President, I rise tions raised about his nomination. Un- ready face discrimination and unfair this evening to speak about the nomi- fortunately, Senator Ashcroft did not treatment in their daily lives. nation of Senator John Ashcroft to extend that same standard of fairness Next I want to turn to integrity be- serve as Attorney General. I want to be to Judge Ronnie White, and fairness is cause Senator Ashcroft is often said to very clear. I did not seek this debate. I one of the critical qualities needed in be a man of integrity, and I do not think it is unfortunate that this new an Attorney General. challenge his integrity, but I do ask Senate has to address such a difficult In the case of Ronnie White, Senator this: If he is true to his beliefs, how can and contentious nomination that opens Ashcroft leveled serious charges he vigorously enforce the laws he has up old history and old wounds and old against a respected jurist. Through vehemently opposed and sought to debates, rather than moving forward Senator Ashcroft’s timing and maneu- overturn throughout his public service? on issues that unite our country. vering, Judge White was never asked His past history shows he does not I do not relish the role of opposing a about those charges. Judge White was believe in and has fought against the new President’s nominee for Attorney never even given an opportunity to de- laws that strengthen gun safety, pro- General. In fact, quite to the contrary. fend himself, and that is fundamentally tect a woman’s right to choose, and I believe a new President should be unfair. civil rights. I can only assume that a able to fill his Cabinet with the people In any Senator, such behavior is in- man who prides himself on his integ- he wants. Unfortunately, this is not appropriate and regrettable. In an At- rity would continue to advocate those something over which I have control. torney General, such behavior can be views. President Bush picked Senator dangerous. John Ashcroft is a man of uncom- Ashcroft and in doing so he brought Unfortunately, Ronnie White was not monly strong beliefs. Based on what I this conflict upon himself and he must the only nominee that Senator know of Senator Ashcroft, he has not accept responsibility for that decision. Ashcroft, in his long tenure, has treat- convinced me that he can set aside Senator Ashcroft, too, must accept ed questionably. Senator Ashcroft’s those beliefs to execute fully the laws responsibility for his actions, espe- treatment of Ambassador James with which he disagrees. cially those that have raised doubts Hormel is also very troubling to me. At I also considered Senator Ashcroft’s about his ability to serve as Attorney the time Senator Ashcroft said he op- willingness to enforce the law, espe- General. I did not seek this conflict, posed Mr. Hormel’s selection to be Am- cially those with which he disagreed. but under the U.S. Constitution the bassador to Luxembourg because he ac- Because we are a nation of laws, the Senate is called upon to provide advice tively promoted the gay lifestyle. More Attorney General must actively en- and consent on Cabinet appointments, recently, however, we heard a different force our laws. This is an area where and I take that responsibility seri- answer from John Ashcroft. He told the Senator Ashcroft has an extensive ously. Senate Judiciary Committee that he record. I do want to point out that I and all voted against Mr. Hormel because he Unfortunately, as Missouri’s attor- of my colleagues took great care to knew him personally. But Mr. Hormel ney general, John Ashcroft was selec- treat John Ashcroft carefully. In fact, has said that he never met Senator tive in his application of the law. Often January 30, 2001 CONGRESSIONAL RECORD — SENATE S697 he acted outside the scope of his office. ment. They are grownups. They are guably unconstitutional, thereby giv- For example, Senator Ashcroft refused people who have a proven record of ing them ammunition with which to several court orders to implement de- achievement, and I am proud of them. attack the person who will not vote for segregation of public schools in St. John Ashcroft is a quality nominee. it. Louis. In fact, one judge said of Sen- He is 59 years old. He served twice as They never criticized the Clinton ad- ator Ashcroft’s efforts representing attorney general of Missouri, twice as ministration for not prosecuting gun Missouri: Governor, and he was elected to the cases even though Attorney General The State has, as a matter of deliberate Senate. He was five times elected to Reno allowed prosecutions to plummet policy, decided to defy the authority of this public office in the State of Missouri, a 46 percent over the past eight years. court. heartland State, a State that is always Why was this group silent? If their The St. Louis desegregation case is a bellwether for who will win the Presi- agenda is truly one of concern about the most troubling example of Senator dency. the criminal misuse of firearms, why Ashcroft’s refusal to enforce the laws This is not a man who is an extrem- were they willing to turn a blind eye to with which he disagreed. ist. This is one of the finest, most de- the Democratic administrations lax en- Senator Ashcroft has also failed to cent men I have ever known. This is a forcement efforts? convince me that he would actively en- man who tells the truth to a degree un- The truth is that many of these ac- force the laws that protect a woman’s usual in this Capital, and to have John tivist groups are fundamentally arms right to choose. Ashcroft accused of not telling the of the Democratic National Com- Finally, the Attorney General must truth by the very same people who on mittee, and they are leaders of the be someone to whom all Americans can this floor defended the former Presi- hard left in America. They think they look as their advocate. President Bush dent of the United States, Bill Clinton, can come in and dictate to the Presi- has said he wants to unite our country, for bald-faced misrepresentations and dent of the United States that he can- not divide it. This nomination, more lies he has finally admitted to making not appoint a decent, exceptionally than any I have ever seen, has divided is stunning. skilled, and fine individual as Attorney our country and left many Americans John Ashcroft is not that kind of per- General of the United States. wondering if their rights will be pro- son. John Ashcroft is a better person John Ashcroft went to Yale. He grad- tected in the Bush administration. than that. He tells the truth. He does uated from the University of Chicago I have received literally thousands of what is right. I have seen that aspect Law School. calls from a wide variety of citizens in of his character exhibited time and He is a scholar. I have heard him my State asking me to oppose Senator time again on this floor. He is one of make speeches that are extraordinarily Ashcroft’s nomination, and they are the most principled and decent Sen- fine in their analytical thought. He fol- not just saying oppose Ashcroft and ators I have ever known. lows his principles to a degree that I hanging up. These are people who are As I told some friends of mine back think is unsurpassed here. So it is real- telling me they have been following home, I have not met a finer person in ly surprising to me to hear these com- the debate and are really concerned my church, in my State, or in Wash- plaints raised about him. that their rights will not be protected ington than John Ashcroft. Let’s talk about one matter his oppo- if John Ashcroft becomes Attorney It is really disturbing to me to have nents keep raising. I would like to General. Members of this body be encouraged stand here all night debunking the I want to say one more thing about and pushed by a group of hard-left ac- myths that the far left has attempted the high level of public comment we tivists to make statements that are de- to construct, but for the moment I am have heard in recent weeks. Some monstrably untrue. This is especially just going to talk about a couple of claim that interest groups are to blame true when the people parroting these them tonight. The Ronnie White mat- for John Ashcroft’s problems. I dis- irresponsible statements were not ter is one of the first myths that the agree. No interest group made John present to observe the hearings that we hard left is perpetuating. Ashcroft mistreat Ronnie White or had on this nomination. In fact, some Let’s look at the facts. John Ashcroft James Hormel or Bill Lann Lee. John who have announced their intentions voted for every single African Amer- Ashcroft did that himself, and he has to vote against John Ashcroft did not ican judicial nominee who came up for to accept responsibility for his actions. even wait for the Judiciary Committee a vote on this floor except Ronnie Those are the factors I considered: hearings to begin before making their White—26 out of 27. Ronnie White was fairness, trust, ability to enforce the rush to judgment. opposed not only from his home State law, and ability to represent all Ameri- I am a member of the Judiciary Com- of Missouri by John Ashcroft, he was cans and to safeguard their rights. mittee, and I was there when we had also opposed by KIT BOND, the senior I asked myself: Is John Ashcroft the hearings concerning this nomina- Senator from Missouri. Both of the someone whom all Americans can trust tion. The committee gave everybody home State Senators opposed this to treat them fairly and to protect their say. We had representatives of nominee. Was this some sort of an ex- their rights? I have concluded he is Planned Parenthood, who oppose vir- tremist position? I mean, confirmation not. tually any kind of control on abortion. is a fact and we need to deal with the I will vote against John Ashcroft be- We had representatives of the National cases that come before us. cause he has not shown the fairness, Abortion Rights Action League as well. John made a speech on this floor in- the trust, or the respect of the law re- We also had a representative from dicating his opposition to that nomina- quired in America’s highest law en- Handgun Control who admitted to me tion. He voted against it in committee. forcement officer. that his organization never criticized I think it came up in committee on two Given the likelihood of his confirma- the Clinton administration when they different occasions and on both occa- tion, I hope that John Ashcroft’s ac- allowed prosecutions of gun crimes to sions he voted against it and expressed tions in office will prove me wrong. Ei- drop 46 percent over the past eight his opposition to the nominee. But, to ther way, I will hold President Bush years. his credit, he did let the nominee come accountable for his decision. He never criticized the Clinton ad- to the floor for a final vote. He agreed I thank the Chair, and I yield the ministration, not even one single time. to allow that to happen. floor. Yet he has no problem launching at- So now he has been accused of inten- The PRESIDING OFFICER (Mr. tacks on Republicans who would not tionally mistreating Ronnie White be- VOINOVICH). The Senator from Ala- agree to support more and more regula- cause he allowed the full Senate to bama. tion of innocent law-abiding citizens consider the nomination, rather than Mr. SESSIONS. Mr. President, Presi- who want to possess guns. That is what attempting to quietly defeat the nomi- dent Bush’s Cabinet nominees are the the gun debate had become. Whatever nation in committee. Let me tell you, finest group of Cabinet nominees I be- bill you agree to pass, these groups if you hold a nominee in committee— lieve we have seen in the last 100 years. want to put something more extreme and I suppose Senator BOND and Sen- They are extraordinary men and out there so that it implicates the sec- ator Ashcroft could have kept that women of accomplishment and achieve- ond amendment to a degree that is ar- nominee in committee—the left would S698 CONGRESSIONAL RECORD — SENATE January 30, 2001 have been attacking him now for not some other fraud or crime, and the Judge White had issued which con- letting the White nomination come to prosecution stands up at the end of its cerned these groups. And what he dis- a vote. I am telling you, that is what case and says, ‘‘The prosecution rests,’’ covered, as he expressed in his floor he would be accused of. I have been immediately now, these days, no mat- speech at the time of the vote, is that here on the floor, and I have seen that. ter what the evidence, the defense law- Judge White had made a series of John made a speech delineating some yer will stand up and make a motion ‘‘procriminal rulings’’. The far left ana- of the reasons—which I am going to for a judgment of acquittal. lyzes this as some sort of unwarranted mention in a moment—that he opposed Usually they are denied. Usually attack upon Judge White’s character, him. And 54 of the 100 Senators in this these motions are just hot air. They but it was not. It was simply a descrip- body voted no. are just saying stuff for the record, tion of the opinions involved. How is that an extreme matter? Why frankly. Most prosecutors bring good, This is clear if one bothers to read would they vote no? There were several strong cases. So defense attorneys as a the statement John made here on this reasons. Out of the 114 sheriffs in Mis- matter of routine move for a judgment floor. He was referring to his opinions. souri, 77 of them wrote in opposition to of acquittal. If the judge grants that You can call them liberal opinions; you the White nomination. Incidentally, judgment of acquittal, it is the same as can call them bleeding heart opinions; many of these sheriffs are Democrats. if a jury had acquitted that defendant. you can call them anti-law-enforce- Additionally, the Mercer County Dis- Jeopardy attaches. Under the Constitu- ment opinions. You can call them trict Attorney wrote a letter to John tion of the United States, you cannot whatever you want to characterize Ashcroft stating: twice be held in jeopardy under the them. But it is not disqualifying, in my Judge White’s record is unmistakably anti- law. That defendant is acquitted, and opinion, to be Attorney General if you law enforcement, and we believe his nomina- he can never be tried again, no matter refer to a justice’s opinions as tion should be defeated. His rulings and dis- how guilty he or she may have been of procriminal when they continually rule senting opinions on capital cases and on the offenses charged. in favor of criminal defendants. fourth amendment issues should be disquali- So a Federal judge with a lifetime One of the cases that caused the fying factors when considering his nomina- appointment in many ways is much greatest disturbance was the Johnson tion. more problematic for the system than case. In this case the defendant, Mr. You have heard another far left myth one member of a seven-member su- Johnson, was involved in a domestic if you listened to the debate to date in preme court. John Ashcroft, as a disturbance. The call went out to the that some opponents of John former State attorney general, under- sheriff’s department. As so often hap- Ashcroft’s nomination claim that John stood that. pens, sheriff’s deputies go out to those Ashcroft’s members of the Supreme Federal judges also routinely over- houses in response to a domestic call. Court voted to dissent on criminal rule the entire criminal justice system These missions are considered to be cases more frequently than Judge of a State. You may say that is not perhaps the most risky and dangerous White. That is a very inaccurate state- routine. I suggest to you it is very fre- thing they do. In this case a deputy ment. Let me tell you why. It is be- quent, and they are often asked to do knocked on the door, and Johnson ap- cause apples are being compared to or- so. pears with a gun. As the deputy tried anges. While the Ashcroft judge Mr. For example, if a case is appealed all to get away, Johnson shot him in the White replaced did vote against the im- the way to the Missouri Supreme back. The deputy fell to the ground, position of the death penalty in a num- Court, and the Missouri Supreme Court and Johnson walks over and puts a bul- ber of cases that Ashcroft nominee was rules, then the defendant can file post- let through his forehead, execution voting on a series of cases that were conviction relief in Federal court and style. not the same cases Judge White was ask the Federal court to review the That is not enough to satisfy John- ruling on when he was on the Supreme State case to see if the Federal Con- son’s blood lust, however. What does he Court. He was ruling on a different stitution has been implicated and vio- do next? After murdering, in cold group, with different facts and dif- lated in some way that the defendant blood, a deputy doing his duty, John- ferent legal questions involved. It is was tried. son goes out and tries to track down apples and oranges. So if you have a Federal judge on the the sheriff. The sheriff isn’t home. But In order to place Judge White’s death bench who wants to let criminals go or the sheriff’s wife is in the home, having penalty dissents in proper perspective, is undisciplined in the responsibilities a social gathering there—and with her it is necessary to compare Judge of his office in applying the law, or has own children about—and he shoots the White’s rulings to all the members of demonstrated a bias against law en- wife five times through the window, the court during the time Judge White forcement officers, you can have a real killing her. sat on the court. When apples are com- problem. Then Johnson continues his rampage pared to apples, it is clear that Judge In Alabama, people knew who the by tracking down two other deputy White dissented four times more fre- judges were who were always letting sheriffs and killing them. quently than any other judge on that criminals go. It was not a secret. I am This is one of the most horrible court. telling you, if you have a nominee crimes I have seen. That is a record that should be exam- come up from my State for a lifetime At his trial, Johnson’s defense law- ined. That is a cause of concern. Some Federal judgeship, I am going to en- yers suggest that because he served in of Judge White’s opinions that I have sure—because I was an attorney gen- Vietnam, the murders were the result read cause me great concern because I eral also—that they are going to give of posttraumatic stress syndrome. The was a Federal prosecutor for 15 years, law enforcement a fair day in court, trial had all kinds of expert testimony and an attorney general for 2. I know too. They are going give the prosecutor and things of that nature to deal with some of the issues that come up with a fair chance to put on his or her case. this issue. judges. I have spent by far the largest That is the way John Ashcroft felt The defendant was caught, sur- portion of my career in Federal court about it. So imagine his concern when rounded in a building, and surrendered. before Federal judges. he realized that he had prosecutors in He made a detailed confession. I would You have to understand something his State opposing the White nomina- say, as a prosecutor, it was a powerful about Federal judges. They are ap- tion. He had a majority of the sheriffs demonstration of guilt beyond vir- pointed for life. They have absolute in his state oppose this judge. He even tually any doubt that this defendant power in many instances in a trial, received written opposition from na- committed this crime. power that is unreviewable by any tional law enforcement organizations, The defense tried to say this guy court. The most dramatic of these pow- such as the National Sheriffs Associa- thought he was in Vietnam. These were ers is the ability to grant a judgment tion, that wrote in and opposed this ju- good defense lawyers, they had been of acquittal at the end of the prosecu- dicial nomination. award-winning criminal defense law- tion’s case. So, keeping these facts in mind, John yers. All of them were highly skilled. For example, if you present a case looked at the record, and thoroughly So, on behalf of their client they against a defendant for murder, or examined a number of the opinions claimed he had posttraumatic stress January 30, 2001 CONGRESSIONAL RECORD — SENATE S699 syndrome. In light of the overwhelming showed the kind of courage that pros- She said the man to whom she was evidence what else could they do? The ecutors have to have. It is not always a speaking looked at her and said: She murders were plain and simple. During pleasant task to take on these cases. was rejected because there are too the course of the trial, these lawyers You have to do your duty, and John did many Chinese enrolled already. made some representations that were in this case. Even though her child qualified in not factually accurate, but which were He did the right thing. Judge White’s every way, she was rejected because of not sufficiently egregious for the ma- opinions are, in my opinion, outside her ethnic, racial background. jority of the Missouri Supreme Court the mainstream, and he should not That is the kind of thing that is hap- to find any error in their actions. have been confirmed—54 Senators pening in America today. It is not a But Judge White felt differently. He agreed with this conclusion. healthy thing. Adarand made clear concluded that the defense attorneys The far left has also made allegations that those kinds of things are not jus- were incompetent, and that Johnson about the Bill Lann Lee nomination, tified. Adarand holds that there is a didn’t get a fair trial. He also sug- and they have been attacking Senator presumption in the law that programs gested that he wanted to apply an in- Ashcroft for his small role—they don’t based on race, that favor one group or sanity theory that was different from say small role—in the Bill Lann Lee another based on their race, are uncon- established Missouri law. In fact, what matter. stitutional and that they fail and can- White said was that if Johnson didn’t Bill Lann Lee was nominated by the not be enforced unless they pass a meet the legal definition of insanity, President for chief of the Civil Rights strict scrutiny test, which is a very he had something ‘‘akin to madness.’’ Division of the Department of Justice. high test. Two of the most significant criminal He had been a career civil rights attor- Isn’t that true? Isn’t that what justice issues in America are the ques- ney, a good one, who had filed lawsuits America is about? Equal opportunity tion of insanity and incompetent coun- all over the country. That had been his for all, regardless of their race and sel. That is true because so many cases goal throughout life. He came at the background, color or creed or religion? in our criminal justice system are like office from that perspective. Yes, that is what America is about. So this case—the guilt is clear and over- That is not disqualifying. As a mat- this is a seminal case. whelming. So when they go and ap- ter of fact, it could be a good quality. So Mr. Lee came up. It became a point a paid State attorney, a court-ap- In fact, I consider it a good quality really important question as to wheth- pointed attorney—by the way, in this that he had litigated and had been ac- er or not he would follow this because case these attorneys were retained tive in the areas of law which he would his background, particularly in a lot of counsel, hired by this defendant or his be called upon to enforce. cases before Adarand was ruled on, was family; he hired them; he wanted good Many of his cases, however, had ob- contrary to that. He said he thought attorneys—normally, the appeal goes tained rulings or forced agencies he Adarand was fine, he would follow it. forward dutifully after conviction be- was suing into consent decrees that But we questioned him in some detail cause that is what a lawyer is expected went beyond what I believe is justified about how he interpreted Adarand, and to do. The State will pay for it. So they under current Supreme Court law. In that was a matter that did not go well make an appeal and raise these issues fact, in recent years the U.S. Supreme for Mr. Lee, in my opinion. It troubled on appeal. Court rendered an opinion called the the entire committee. When the guilt is overwhelming and Adarand opinion. It was a very impor- The precise questions dealt with the the defendant did something violent tant case. It clarified in many ways the enforcement of Adarand. When asked such as this, what are the two issues issue concerning quotas and affirma- to state the holding of Adarand—we you can raise? Ineffective assistance of tive action programs in terms of what asked him what he thought the holding counsel and insanity. And in this one is legitimate and what is not. Basi- of Adarand was—he testified that ra- opinion, Judge White showed clearly cally, the Supreme Court held that the cial preference programs are permis- that he lacked judicial discipline. He Government can’t have quotas. It can- sible ‘‘if conducted in a limited and lacked a comprehensive and clear un- not say that you get this contract for measured manner.’’ Racial preferences derstanding of the importance of a highway work because of the color of are permissible in America, he said, if judge maintaining clear rules on insan- your skin and you don’t get it because conducted in a limited and measured ity and incompetence of counsel. His of the color of your skin. The Govern- manner. dissent, if applied, would have com- ment can have affirmative action pro- But Adarand doesn’t say that. That pletely destabilized the law in both of grams; it can have action to encourage was the problem. Adarand says they those areas for the State of Missouri. small businesses. It can do a lot of dif- are presumptively unconstitutional un- Another big factor in cases is, even if ferent things to encourage minorities less they pass strict scrutiny, some the lawyer made a mistake and could to have the opportunity to compete. specific reason—normally, a clear bias in one sense be held to be incompetent, But it cannot, as a matter of American that is being fixed by a post-adjudica- the judge must ask himself, on appeal, law and fundamental justice, say to tion order. But even when this was would that have had any likelihood of one group or another: You can’t get pointed out to Mr. Lee, he stayed with changing the outcome of the case. Cer- this contract because of the color of his expressed position. That was very tainly it would not have in this case, as your skin. troubling. the majority opinion clearly held. We had a hearing on that in the Judi- I liked Mr. Lee. I told him I liked There were a series of other cases ciary Committee. We had Mrs. him. But I was troubled that he was such as this one that caused the former Adarand, the wife of Mr. Adarand, tes- going to be chief of the Civil Rights Di- attorney general of the State of Mis- tify how their business had been dam- vision in the Department of Justice, souri to wrestle with his conscience aged by a quota system in Federal and he wasn’t prepared to enforce plain about whether or not he could approve highway funding. She described that in rule, as I saw it, in the Adarand case. this judge. He concluded he could not, some detail. Chairman HATCH, who is a constitu- that he ought to oppose him. By giving We had a lady, a Chinese American tional scholar, was also troubled. He him a lifetime-appointed Federal judi- from San Francisco, who testified came and made a speech on this floor cial position, the danger would be about her daughter who had studied which had the quality of a Law Review great, and he should not be promoted very hard to get into a special ad- article dissecting this important sem- with this kind of anti-law-enforcement vanced quality school in San Francisco inal case and Mr. Lee’s responses to it. record. So he made a statement to that for math and science, I believe. She He voted no, the chairman of the Judi- effect on the floor, and 54 Senators met the test scores, and they were so ciary Committee, as did eight other agreed with him. excited. Then she got a letter saying members of the Judiciary Committee, That is not disqualifying. That shows they were not accepted. of which I was a member. He failed in to me a man of courage, because he This woman went down to the committee 9–9. knew it would be a difficult matter, school’s office and said: My daughter They blamed John Ashcroft as being that many would disagree with him made this test score. I thought she a man who personally blocked this per- and he would probably be attacked. It would be accepted. Why wasn’t she? son from that high office. I don’t think S700 CONGRESSIONAL RECORD — SENATE January 30, 2001 that is right. I think that is wrong. If you had heard the testimony and ting zoo; private nature trails; overseas That is deliberate distortion of what heard him answer and explain how he trips for students; and a model United happened. Members of the committee did this and other things in the hear- Nations with language translation. who were there ought to have known ing, you would agree, I believe, that he The attorney general is supposed to better than to criticize John Ashcroft made a wonderful case for what he did. sit by and let a Federal judge take over with regards to the Bill Lann Lee nom- It was plausible and reasonable and the whole State and issue these kinds ination. They should not repeat a false principled and is not in any way ex- of orders? Who is going to pay this $1.7 allegation, and they should correct treme or outside the mainstream of billion? The people of Missouri. their colleagues who may not know American law. Who is this judge? How do judges get otherwise. Another far left myth is that John is to do this? They have to be careful It was an honest, professional discus- against integration because he resisted about this. You can’t issue orders to sion of the law. It was an honest dis- massive Federal Court intervention in remedy a past discrimination. You cussion of what ought to be done for the State of Missouri’s school systems. can’t do that, but judges do it regu- Bill Lann Lee, and we concluded that Many of you have probably heard of larly. But many judges over reach. his understanding of Adarand was dif- the Kansas City case where a Federal Many court rulings have over reached. ferent than what we understood judge imposed a tax and ordered a As attorney general, John Ashcroft Adarand to be and that he could not county commission to impose a tax to thought it was his duty to defend Mis- fulfill the very heart of his office’s re- pay for the court’s plan for education. souri as his predecessor and as his two sponsibility if he didn’t understand the John was the attorney general of the successors did. That is not an extreme seminal case on preferences and quotas State of Missouri, the sovereign State position. in America law, the Adarand case. of Missouri, that has a constitution This is second-guessing somebody There are hundreds of Federal pro- that says what State school boards do, and twisting it to make it sound as if grams based on race in America. When what State superintendents of edu- he opposed integration, which he abso- asked if any of them would fall because cation do, and how the system is set lutely did not. of Adarand, Lee suggested maybe one. I up. This Federal judge came in and There are many more matters that think that is unlikely to be so as the ripped it all apart doing what he have been charged. The responses to law continues to develop in this area. I thought was just. them are just as compelling. In fact, it think we had a real problem there. I am telling you, if the attorney gen- is clear to me that the case against That is why that matter was decided eral wants to defend his State, what is John Ashcroft totally collapsed in the the way it was. the matter with that? Who is in hearings that we held. We gave every- It certainly is unfair to say that this charge? Is he supposed to stand idly by body a chance to testify. John re- brilliant lawyer, this principled Sen- and allow the court to do that? ator, this public servant of over 25 Senator Danforth, one of the most re- sponded to all of them. He answered 400 years was somehow anti-Chinese-Amer- spected Senators who has served in this questions propounded to him. icans because he voted against Bill body, is an Episcopal priest, and was There is no case here that shows that Lann Lee. He voted for 26 out of 27 Af- attorney general before John. He op- he wouldn’t be the finest kind of Attor- rican American judges that the Clinton posed these court orders. His successor ney General. I am convinced that he administration sent forward, objecting opposed these orders. The second suc- will. I am convinced that he will be a only to the one in his State where his cessor to John Ashcroft, Jay Nixon—I great Attorney General. sheriffs and police chiefs opposed him. was attorney general, and I knew Jay. As one who spent 15 years in the De- Does that mean that he is anti-black? Jay opposed those orders exceedingly partment of Justice, I dearly love and They are wrong. This is going too far. vigorously. But that didn’t stop a few I respect it from my deepest being. It What is happening here is not right. of the Members of this body, Senators has not been run well in the last 8 I was talking to a group, and I ac- KENNEDY and HARKIN, from going to years. It really has not. Morale is not knowledged that John was different Missouri and having a fundraiser for where it needs to be. They have not from the rest of us. He doesn’t drink, Jay Nixon in his race for the Senate. pursued cases effectively, in my view. dance or smoke because of his dedica- Let me repeat that. Senators KEN- For long, long periods of time, chief po- tion to his religious beliefs. He has NEDY and HARKIN held a political fund- sitions such as Criminal Division Chief been married to one wife, and he has a raiser for Jay Nixon after he opposed have been left vacant. There has not fine family. His personal life is con- these court orders vigorously, yet been a focus and a leadership there, ducted on the highest standard of de- somehow it was improper for then At- and it is desperately needed. More than cency and fairness. In many important torney General Ashcroft to have op- anybody I know, John Ashcroft can fill ways, John Ashcroft is different from posed them as well. that role with integrity, with fairness, the rest of us. In many important This example is illustrative. Like the and with justice to restore the concept ways, John Ashcroft is better than the integration charge, all the charges of equal justice under the law, even if rest of us. made against John are trumped up. it means denying pardons to million- He has appointed numerous African This is not fair. John Ashcroft was aire fugitives who won’t come back to Americans to the bench in Missouri. He doing his duty as an attorney general. face the medicine. signed into law and supported the Mar- He favored school integration, and he He would never have approved a par- tin Luther King birthday law in Mis- has stated that unequivocally. He be- don for that kind of case. That kind of souri at a time when some didn’t want lieves in integration, but he did not stuff is rotten to the core. The same to do that. His wife, a law professor agree with the actions taken by the people in this body who have defended, herself, is teaching at the Howard Uni- federal courts. excused, and apologized for lies, for un- versity, a majority black college here This is what was in one of the court principled operation of the Department in D.C. John has a clear record of fair- orders that John Ashcroft resisted as of Justice, or for former President ness and justice. attorney general of Missouri. It or- Clinton’s subversion of the law, now It is wrong to allow a series of groups dered the school system to have an 8- see fit to attack a man of character that are not answerable to the Amer- lane, 50-meter swimming pool, the big- and decency. This is tragic, and it ican people, that have hard-left agen- gest in the State, bigger than any of speaks volumes about John’s oppo- das, to come in here and caricature his the universities’ swimming pools; a 300- nents. decisions as being somehow anti-civil seat Greek amphitheater with a stage He is going to be confirmed, because rights because he voted against Bill framed with white columns; a plane- my colleagues know the truth about Lann Lee; that he is somehow anti- tarium; greenhouses; a dust-free diesel John Ashcroft. He will be a good Attor- black because he voted against this one mechanic shop—I worked in my dad’s ney General. Members of this Senate in judge. To make that kind of caricature mechanic shop. It wasn’t dust free. It opposition to this nomination ought to of this good man and then ask us to didn’t hurt me, I don’t think—broad- reevaluate their conscience about how vote against him based on that carica- cast cable radio and TV studios; school they have handled this case. I yield the ture is fundamentally wrong. animal rooms, including an indoor pet- floor. January 30, 2001 CONGRESSIONAL RECORD — SENATE S701 The PRESIDING OFFICER. The Sen- ministration seeks to limit the liabil- rive, they eat a nutritious snack. They ator from Arkansas. ity of corporations that in good faith participate in the required academic f donate equipment, facilities, vehicles, program which requires homework, tu- or aircraft to charitable organizations, toring, reading or research in the li- ELIMINATING FEDERAL BARRIERS thus enhancing the ability of these or- brary, working in the computer lab Mr. HUTCHINSON. Mr. President, I ganizations to serve neighborhoods and that is equipped with software designed rise to enthusiastically applaud George families. That, I say to my colleagues, to enhance skills in reading, math, and W. Bush’s community and faith-based is common sense. It should not be con- language arts. initiative which he announced yester- troversial. He suggested that we permit Volunteer tutors and mentors come day and is emphasizing and talking charitable contributions from IRAs in. After they spend the hour doing the about this week. It is a very exciting without penalty. Under current law, academics, they then get to enjoy the prospect that we have a President who withdrawals from IRAs are subject to recreation. They have a skating rink, a recognizes the vast untapped potential income tax. This creates a disincentive weight room, basketball courts, of the charitable and faith-based sector for retirees to contribute some or all of racquetball courts, and an arcade. and who wants to rally what he calls their IRA funds to charity. Some kids may go so they can be in- the ‘‘armies of compassion’’ to solve President Bush supports legislation volved in the recreation, but they first the deeper social problems and the that would permit individuals, over the have to do the academic work. They deeper social challenges we face in this age of 59, to contribute IRA funds to have a summer program. They have a Nation. charities without having to pay income community service program. They em- The government can do many things. tax on their gifts. He promotes a chari- phasize parental involvement. Some of those things it does well, but table State tax credit. He supports When school is over, the buses take there are many things government can- raising the cap on corporate charitable the kids to PARK, where they enjoy an not do. It cannot put hope in our hearts deductions and creating a compassion extra hour of academic emphasis. Then or a sense of purpose in our lives. This capital fund. they have the recreation. They have a is done by churches, synagogues, All of these are a simple means in nutritious snack. They have parental mosques, and charities that warm the which we can use the Tax Code to en- involvement. They have mentors and cold of life. It is done by the faith- courage donations to the faith-based tutors. And they have a college prep based sector in our society. and charitable sector and unleash this program. All of this is done without I am pleased the President has estab- vast source of energy to help solve one red cent of Government money. It lished the Office of Faith-Based and these very deep-rooted problems that is all from donations. It is all from Community Initiatives. By creating we have in our society. this office, we now will have a clearing- Among the new approaches, he sug- foundations; not any Government as- house in the executive branch to point gests action that would help the chil- sistance. up where we have legislative and ad- dren of prisoners, improving inmate re- Why shouldn’t we make it easier for ministrative barriers that have been habilitation, providing second chance people who believe in programs such as erected to make it more difficult for maternity group homes, and more PARK to be able to give and contribute people to encourage and support these afterschool opportunities. and have a tax incentive to do that? I faith-based initiatives. It will identify I want to tell one such story from the simply applaud President Bush for see- such problems in Federal rules, prac- State of Arkansas that I believe the ing this need and for stepping forward tices, and regulatory and statutory President’s initiatives will assist. We and being willing to take some of the barriers in order that we might find re- had a wonderful organization started in barbed attacks he has faced, and will lief and coordinate new Federal initia- Little Rock, AR, called PARK. It continue to face, for this initiative be- tives to empower and partner with stands for Positive Atmosphere cause it is sorely needed. faith-based and community problem Reaches Kids. It was established by I want to tell one more example. solvers. someone whose name will be familiar Here in Washington, DC, a group of Hill As he rolled out this plan—some of to football fans across this country. It staffers, a few years ago, saw the need it, I am sure, is going to be controver- was established by Keith Jackson. of children in disadvantaged homes in sial, and that is where the media would Keith was raised in a single parent the District of Columbia, where many like to focus—much of what the Presi- household in a low-income neighbor- of them did not have the same edu- dent has rolled out makes common hood of Little Rock. He held steadfast cational opportunities as children from sense if we go beyond welfare reform, to his course of finishing high school, more affluent homes. They went out passed a few years ago and signed by playing football, and ultimately grad- and they started a school called Cor- President Clinton. Welfare reform has uating from college. Unfortunately for nerstone. They started it on a shoe- had a dramatic impact. We have seen us, he played football for the Univer- string. They had no great resources. the welfare roles decline by half across sity of Oklahoma. But he went on to They had no great endowment. They the Nation. All of us involved in the ef- the NFL where he had a stellar career. had no great foundation. All they had fort understood that was but the first He returned to Little Rock with this was a vision and a dream. They are Hill step, and if we were ultimately to get burden to help underprivileged children staffers. They have started a school to the deeper problems in a welfare cul- in Little Rock. that is now serving scores of young ture, if we were going to deal with the This is what he said in 1989. He said, people here in the District of Colum- problems of drug dependency, if we while watching an evening newscast, bia. While we may argue about vouch- were going to deal with the high rate of he was struck by the number of stories ers, we surely should not argue about recidivism in our prisons that we had involving teenagers and violent crime. making it easier for people to support to embrace, we had to involve the He said: It seemed like every story was faith-based initiatives such as Corner- faith-based sector. about a kid getting shot or robbing a stone. The President has suggested we liquor store or being in a gang fight. It should expand private giving, we really hit me for the first time that f should grant a charitable deduction for somebody had to do something to stop nonitemizers. The Federal charitable this. What we are doing now isn’t DEMOCRATIC COMMITTEE deduction, under the President’s plan, working. MEMBERS will be expanded to 80 million tax- He said the Government programs, as payers. Seventy percent of all filers do many and as well motivated as they Mr. DASCHLE. Mr. President, the not itemize, and thus currently cannot were, were not doing the job. He estab- following is our completed list of claim this benefit. This initiative will lished PARK. It is a wonderful pro- Democratic members of the Energy spark billions of dollars in new dona- gram. It is an afterschool program. Committee: Senators BINGAMAN, tions to charitable organizations. He From September through May, the pro- AKAKA, DORGAN, GRAHAM, WYDEN, has suggested that we should promote gram operates 4 days a week. Kids ride JOHNSON, LANDRIEU, BAYH, FEINSTEIN, corporate in-kind donations. The ad- schoolbuses to PARK. When they ar- SCHUMER, and CANTWELL.