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To: Mephisto who wrote (1600)1/6/2002 12:36:09 AM
From: Mephisto  Read Replies (1) | Respond to of 15516
 
Bush Asked to Drop Disputed Appointee

Friday January 4 6:29 PM ET

By WILL LESTER, Associated Press Writer

WASHINGTON (AP) - Days before a federal judge is to take up the matter, the
head of the Civil Rights Commission asked President Bush (news - web sites)
on Friday to drop his attempt to place a disputed appointee on the panel.

Chairwoman Mary Frances Berry wrote a letter appealing to the president to
drop attempts to appoint Peter Kirsanow , a conservative lawyer from
Cleveland, to replace Victoria Wilson, an ally of Berry.

Berry and four other commissioners on the eight-member civil rights panel
contend Wilson was appointed to a six-year term in 2000. The Bush
administration and the three Republican-appointed commissioners say
Wilson's term expired Nov. 29 at the end of the term of the commissioner she
replaced - the late Judge A. Leon Higginbotham Jr.

If Kirsanow is seated on the commission, it would shift from a 5-3 split that
generally favors Berry to a 4-4 split that would likely be deadlocked on more
controversial issues. Earlier this year, the commission harshly criticized
Florida Gov. Jeb Bush, younger brother of the president, for his handling of
the deadlocked 2000 presidential elections.

The Justice Department filed a federal lawsuit Dec. 7,
asking a judge to seat Kirsanow. By Wednesday, parties to the lawsuit are to
file written motions, and a week later, a federal district judge could decide
whether to rule on the case or set a date for arguments.

``We honestly believe that if the president focuses on this he will see that it's
counterproductive to interfere with the commission's independence,'' Berry
said in an interview. ``There will be a serious question as to whether the
commission can keep its doors open if the White House and the Justice
Department tell commissioners what to do.''

Berry said the commission seated another Bush appointee, Jennifer
Cabranes Braceras, late last year. While it opposes displacing a sitting
commissioner, it does not oppose Bush appointees, she said.

The commission has asked to be allowed to intervene in the lawsuit on
Wilson's behalf.

White House officials questioned whether the commission is allowed to hire
its own counsel rather than use Justice Department lawyers. Berry said the
attorney representing the panel will be paid and would not violate a statute
prohibiting the use of free services.

The commission has no enforcement power, but publicizes civil rights
problems it perceives in government policy and government agencies.

White House spokeswoman Anne Womack said the administration is trying to
preserve the commission's independence.

``The statute very expressly calls for members' terms to be staggered to
prevent any one administration from having too much influence,'' she said.
``Peter Kirsanow is a lawful member of the commission and we would expect
the civil rights commission to recognize him as such.''

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