To: TimF who wrote (159030 ) 1/27/2003 5:45:01 PM From: tejek Respond to of 1580253 The Seattle Times/Editorials & Opinion: Thursday, January 16, 2003 Syndicated columnist By recycling Pickering, Bush resurrects Lott By Ruben Navarrette Jr. Syndicated columnist DALLAS — One step up and two steps back. That's the way it is with the Bush White House and race relations. The step forward came when Karl Rove and Co. survived a "bubba eruption" by cutting off political oxygen to former Majority Leader Trent Lott and handing the operation in the Senate over to Bush ally Bill Frist. Score one for the Mayberry Machiavellis. But then came time for the White House to nominate 30 individuals for federal judgeships. Now it looks as if Barney Fife is calling the shots. Maybe it is part of a quid pro quo the administration brokered with Lott to get the Mississippian to step aside. Maybe Rove and Co. are too arrogant to learn from their past mistakes. Or maybe, like Lott, they have a tin ear on ethnic and racial affronts. For whatever reason, President Bush decided to renominate Charles W. Pickering, a 65-year-old Mississippi judge and Lott crony, for a seat on the 5th U.S. Circuit Court of Appeals. And you thought this administration didn't support recycling. His first time around, Pickering was canned by members of the then Democrat-controlled Senate Judiciary Committee. Now that Republicans run things, Pickering may be confirmed. But at what price? Democrats like Sen. Edward M. Kennedy of Massachusetts and Sen. Charles E. Schumer of New York insist they are shocked and outraged. Don't believe a word of it. Democrats could not be happier. The resurrection of Charles Pickering plays into their hands — the same ones that are so skilled at playing the race card against Republicans. It means that Democrats can ease up on efforts to keep minority voters loyal and go back to taking Hispanics and African Americans for granted. And that means Democrats will have more time and resources to go after the voters they really want — suburban soccer moms. If anyone should be legitimately outraged, it is Republicans. Suddenly, they find themselves on the racial defensive again, their motives questioned, and their inclusive rhetoric dismissed as empty. And for what? Pickering was a less than ideal choice when President Bush first put his name in the hopper last March. The American Bar Association denied him its highest marks, going only so far as to label him "well qualified." One imagines there are plenty of other prospects out there with the top ranking: "extremely well qualified." There are surely other candidates who have less political baggage and who haven't already been rejected. Judging from his record, Pickering doesn't even resemble Bush's idea of a compassionate conservative. What kind of conservative interferes with federal law-enforcement officials to plead for leniency for an individual convicted of domestic terrorism? And how compassionate is it when the intervener goes to all this trouble for the sake of someone charged with — of all things — burning a cross? In fact, going to bat for someone who commits such a racist act could be interpreted as condoning racism. The cross-burner was Daniel Swan, who in 1994 drove to the home of an interracial couple and joined two other men in burning an 8-foot-tall cross on the couple's lawn. Not satisfied with symbolism, the men also fired shots into the house, putting at risk the couple's baby. Prosecutors believed that Swan deserved the seven-year prison term required by federal sentencing guidelines. Pickering believed otherwise. According to Justice Department files, the judge threatened to order a new trial unless federal prosecutors went along with a lesser sentence for Swan. When they refused, Pickering tried to go over their heads to Washington and asked then-Attorney General Janet Reno to intervene. And you thought Republicans were tough on crime. Bush's decision to resurrect Pickering is more than bad politics. It's bad manners. It's a thumb in the eye to his fellow Republicans, especially those in the Senate. And it comes at the worst time. As Frist told Tim Russert on NBC's "Meet the Press," Senate Republicans are — in the aftermath of the Lott fiasco — more eager than ever to "establish a dialogue" on racial issues. No doubt, part of that dialogue will be an attempt by party leaders to convince Hispanics and African Americans that this is not the Republican Party of old. In that regard, and in light of the renomination of Charles Pickering, they aren't getting any help from their friends at the other end of Pennsylvania Avenue. Ruben Navarrette Jr.'s column appears regularly on editorial pages of The Times. His e-mail address is rnavarrette@dallasnews.com. Copyright © 2003 The Seattle Times Company