Judge Testifies That Ashcroft Willfully Distorted His
Record
January 19, 2001
From The New York Times
By NEIL A. LEWIS
WASHINGTON, Jan. 18 — The Senate Judiciary Committee listened raptly today as Judge Ronnie White of Missouri recounted how he was astonished to learn in 1999 that John Ashcroft had derailed his chance to be a federal judge at the last minute by asserting that he was "pro-criminal" and soft on the death penalty.
Judge White, the first black member of the Missouri Supreme Court, was the first and probably the most powerful witness to testify against Mr. Ashcroft's nomination by President-elect George W. Bush to be attorney general.
The atmosphere in the Senate Caucus Room was rich with the themes of payback and redemption as Judge White told the committee that Mr. Ashcroft, then a senator, willfully misrepresented his record as a Missouri judge, made unwarranted personal attacks on him and damaged his reputation. He said he was testifying to have his say about his record and to let committee members know of his experience with Mr. Ashcroft as they considered the nomination.
"I deeply resent those baseless misrepresentations," he said, sitting alone at the witness table. "In fact — and I want to say this as clearly as I can — my record belies those accusations."
Some Republican senators defended Mr. Ashcroft, saying — as he has — that he had made an honest assessment of Judge White's record on the bench in criminal cases.
Judge White, who had been nominated to the federal bench by President Clinton, was defeated in a straight party line vote on the Senate floor in October 1999 after Senator Ashcroft spoke against him.
In his own testimony on Tuesday and Wednesday, Mr. Ashcroft answered committee members' questions about his opposition to Judge White, saying he had been deeply troubled by several of the judge's opinions on the Missouri bench.
He acknowledged that he regarded Judge White as "pro-criminal" and said that he had blocked the nomination because federal judges have enormous power and can even overrule a state supreme court.
Democratic opponents of Mr. Ashcroft and liberal interest groups had invested great hope in Judge White's appearance, expecting he would be a compelling witness who could make a difference in the outcome of the confirmation fight.
Senator Richard J. Durbin, Democrat of Illinois, said: "I hope this can make a difference. This was not just a discussion, but a real, live person who told his story about how he was mistreated by John Ashcroft."
*****************************************************************************************************************
"Senator Edward M. Kennedy, Democrat of Massachusetts, raised the possibility this week of
mounting a filibuster on the nomination, which would block Mr. Ashcroft's confirmation unless his
supporters gathered 60 votes.
Jim Manley, Mr. Kennedy's spokesman, said that once the hearings end, "Senator Kennedy, after
consulting with his colleagues, will make a decision on whether to move forward with this or not."
But Republicans and Democrats alike considered such a move unlikely. Tom Daschle of South
Dakota, the Senate Democratic leader, has indicated that he thinks each nominee should get a straight
up-or-down vote. And right now, with strategists for both parties predicting that 12 to 15 Democrats
may vote for Mr. Ashcroft's confirmation, it appears that Mr. Kennedy would have an uphill struggle
to sustain a filibuster.
"Everyone feels comfortable that John Ashcroft will be confirmed," said one senior Republican
strategist, adding, "Any procedural tricks will be swatted away like a fly on the windshield."
Senator Jon S. Corzine, Democrat of New Jersey, said tonight that he would vote against the
confirmation of Mr. Ashcroft because he thought his views on several issues "were out of the
mainstream."
The hearings are expected to conclude on Friday, with a vote on the nomination early next week. The
full Senate would vote shortly afterward.
Judge White was a stolid presence at today's hearing, declining invitations from some Democrats to
speculate on whether Mr. Ashcroft had any racist motives in opposing his judgeship. "I don't know
what's in his mind or what's in his heart, so I wouldn't want to speculate on that," he told Senator
Kennedy.
Some of Mr. Ashcroft's opponents have suggested that his opposition to Mr. White was part of a
broad-based insensitivity to race that included other issues, like his opposition to school desegregation
in Missouri.
Asked if he thought Mr. Ashcroft should be confirmed, Judge White said: "I believe that Senator John
Ashcroft seriously distorted my record. But I believe that the question for the Senate is whether these
misrepresentations are consistent with fair play and justice that you all would require of the U.S.
attorney general."
The committee Democrats mostly sought to reinforce Judge White's testimony. Senator Dianne
Feinstein of California said, "I'd like to extend to you my personal apology for what happened to you."
Ms. Feinstein said Democrats were blindsided by the last-minute opposition to Judge White's
nomination to the federal bench. "It came without warning," she said. "I, for one, don't feel it's
necessary for anyone to go through that kind of personal humiliation."
The Republicans on the committee were far less sure how to react. Some Republican senators simply
declined to question Judge White, much like trial lawyers who choose not to cross-examine witnesses
who might damage their case.
Senator Jeff Sessions of Alabama was one of the few Republicans to ask questions, and he tried to
elicit sympathy from Judge White for Mr. Ashcroft's campaign against him. He recounted some of the
opposition from law-enforcement groups and asked, "Do you think you could understand John's
approach, how that may have been a factor in his thinking?"
Judge White replied, "I can understand his approach, but I can't understand his distortion of my
record."
He testified today that he had supported the death penalty in the overwhelming majority of cases
before him.
In that particular case — in which a defendant was charged with murdering four people, including
three law enforcement officers and a sheriff's wife — he said he voted as he did because he believed
the condemned man had not been competently represented. In fact, he said, he fully believed the
defendant should have been executed if convicted at a retrial.
In a dramatic counterpoint to Judge White's appearance, Sheriff Kenny Jones of Moniteau County,
whose wife was one of the victims in the case, appeared in the committee room in uniform and was
asked to stand and identify himself.
At a news conference outside the hearing room, Mr. Jones spoke in detail about the murder of his
wife, two deputy sheriffs in his county and the sheriff from a neighboring county. He said he believed
Mr. Ashcroft's opposition to Judge White was fully justified.
The committee also heard testimony from Jerry Hunter, a black lawyer from St. Louis who was
Missouri's labor secretary when Mr. Ashcroft was governor. Mr. Hunter defended his former boss.
"Contrary to statements which you have heard recently, I do not believe Senator Ashcroft is
insensitive to minorities in this society," he said, insisting that Mr. Ashcroft had adhered to a policy of
"affirmative access and inclusiveness during his service to Missouri as attorney general and governor."
But Harriett Woods, a Democrat who was lieutenant governor when Mr. Ashcroft was governor,
testified that he was rigid in his views and "was willing to flout the law when he didn't like its
interpretation."
Copyright 2001 The New York Times Company |
