[Congressional Record Volume 147, Number 12 (Tuesday, January 30, 2001)]
[Senate]
[Pages S691-S692]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOMINATION OF JOHN ASHCROFT
Mr. REED. Mr. President, after listening to the testimony given
before the United States Senate Judiciary Committee and after much
reflection, I decided to oppose the nomination of John Ashcroft as
Attorney General of the United States.
This has been a difficult decision; one that I take very seriously.
Just as the Constitution gives the President the unfettered right to
submit nominees to the Senate, the Constitution requires the Senate to
give ``Advice and Consent'' on such nominations.
The Senate does not name a President's Cabinet, but it also does not
merely rubber stamp his choices. Senatorial consent must rest on a
careful review of a nominee's record and a thoughtful analysis of a
nominee's
[[Page S692]]
ability to serve not just the President, but the American people.
Unlike other cabinet positions, the Attorney General has a very
special role--decisively poised at the juncture between the executive
branch and the judicial branch. In addition to being a member of the
President's Cabinet, the Attorney General is also an officer of the
federal courts and the chief enforcer of laws enacted by Congress.
He is in effect the people's lawyer, responsible for fully, fairly
and vigorously enforcing our nation's laws and Constitution for the
good of all.
In addition to being intellectually gifted, legally skilled and of
strong moral character, I believe that the position of Attorney General
requires an outlook and temperament that will allow the American people
to believe that he will champion their individual rights more than any
particular and potentially divisive dogma.
During the past several weeks, I have listened to John Ashcroft's
words in the context of his lifetime of public conduct. As a state
attorney general, a governor and a United States Senator, he has
established a pattern of activism that challenges important civil and
individual rights.
Instead of being a positive force for reconciling the races, as
Missouri's Attorney General John Ashcroft conducted a futile struggle
to frustrate the voluntary integration of public schools.
He fought a voluntary desegregation plan for the city of St. Louis,
showed defiance of the courts in those proceedings and used that highly
charged issue for political advantage instead of for constructive
action.
Instead of accepting commonsense approaches to limiting the damage
done by guns in our society, he has rigidly worked against such
solutions--such simple solutions as asking that guns be sold with
safety locks
He also has aggressively worked to dismantle some of our country's
most basic legal tenets, such as the separation between church and
state.
On the nomination of Judge Ronnie White to the United States Federal
court, he appears to have mischaracterized Judge White's record
unfairly, and at the end of the process, raising issues that really did
not go to the merits of Judge White's nomination. This raises serious
concerns and questions about both his sense of fair play and his
respect for judicial independence.
In sum, although he claims he will enforce the letter of the law, I
fear he will not recognize the true spirit of the law.
I believe he will use the considerable power of the Attorney General
in directing resources, initiating lawsuits, and interpreting the law
to clearly and consciously impose his views as he has done in the past.
His views are not the views of a vast majority of Americans,
regardless of political affiliation.
Given the extremely divisive nature of the last election, and the
nature of some of the voting irregularities, our nation needs an
Attorney General who can lead us on critical civil rights issues, unite
us in the pursuit of justice, and help heal some of these wounds.
I believe that John Ashcroft lacks the temperament needed to serve as
Attorney General of the United States and I cannot support his
nomination as our next Attorney General.
I yield the floor. I note the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. NELSON of Florida. Mr. President, I ask unanimous consent the
order for the quorum call be dispensed with and that I may proceed for
5 minutes.
The PRESIDING OFFICER. The Senator from Florida is recognized without
objection.
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