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Friday, Feb. 2, 2001

The 58-42 vote brings to an end the saga of President Bush's most controversial nomination and completing his Cabinet. But the approval also leaves clear partisan lines drawn for future battles.

Within hours, Ashcroft was sworn in by U.S. Supreme Court Justice Clarence Thomas, a fellow conservative and longtime friend who faced an even tougher confirmation battle in the Senate.

In a statement, the new attorney general pledged he would ``confront injustice by leading a professional Justice Department that is free from politics, that is uncompromisingly fair.''

The narrow margin emboldened opponents to warn that equally conservative judicial nominees, especially to the narrowly divided Supreme Court, might be rejected.

"There were 42 votes against him. It is a shot across the bow," said Sen. Charles Schumer, D-N.Y.

Democrats said the vote proved they could filibuster any nomination that they opposed. Republicans will need 60 votes to break a filibuster of a future nomination.

"I hope this vote sends a strong message to the president of the United States about the strength of the commitment of the Senate of the United States to protecting these fundamental values," said Sen. Edward Kennedy, D-Mass.

Republicans expressed disappointment with their Democrat colleagues, who they said had participated in a politically fueled smear campaign to distort the record of the former Missouri attorney general, governor and U.S. senator.

``If that's the way you've got to send a message, by trashing a person's reputation, distorting his record ... that's pretty pathetic,'' said Senate Judiciary Committee Chairman Orrin Hatch. Liberal opponents, he charged, ``want a litmus test society.''

``I have absolute, total, complete confidence that he is going to be one outstanding attorney general of the United States,'' said Sen. Don Nickles of Oklahoma, the GOP whip.

But Hatch predicted that the whole thing would blow over with time.

"There are a lot of bad feelings right now," Hatch told United Press International. "But we'll get over it. Some of the Democrats really disappointed me, but I'll move on."

With all 50 of the Republican senators supporting the nomination, the last-minute drama during the vote revolved around whether the Democrats, who were prodded by activists from a range of left-wing groups crowding Senate lobbies, could muster the necessary 41 votes to show they could defend a filibuster. They succeeded by losing only eight Democrats, but many of those voting against the nomination expressed opposition to a filibuster or other delay tactics, so it seems unlikely all 42 would have voted to shelve the nomination.

The eight Democrats who voted to support the nomination were Sens. John Breaux of Louisiana, Zell Miller of Georgia, Russ Feingold of Wisconsin, Christopher Dodd of Connecticut, Robert Byrd of West Virginia, Benjamin Nelson of Nebraska, and Kent Conrad and Byron Dorgan of North Dakota.

Democrat lawmakers fighting the nomination mostly limited their comments to concerns about Ashcroft's record.

"John Ashcroft's stubborn defense of his past record and the fact that he has no regrets over incidents that concerned many of his Missouri constituents and now concern many Americans does not instill confidence," said Sen. Patrick Leahy of Vermont, who served as floor manager for the Democrats in the debate.

"On the contrary, it is a troubling signal that he lacks the sensitivities and balance we need in the attorney general.

"We need an attorney general who has the trust and confidence of the American people and who is dedicated to protecting the rights of us all."

Republican lawmakers saw much of the opposition to the nominee as based on lobbying by groups opposed to Ashcroft's positions on "civil rights," abortion control, gun rights and what liberals refer to as "the separation of church and state." Several accused Democrats of opposing the nomination because of Ashcroft's strong religious beliefs.

Just before the vote, Senate Republican Leader Trent Lott of Mississippi took to the floor, to thank Senate Minority Leader Thomas Daschle of South Dakota for helping prevent a filibuster, which he said would have been a "terrible precedent," and to defend Ashcroft, a man he called a friend.

"I don't know this person that has been described by some in this room," Lott said. "I don't recognize these allegations, but I know John Ashcroft, his abilities and his education."

Architects of the smear campaign against the nomination claimed that they merely wanted to make a point about Ashcroft's appointment being "inappropriate," which they say is reflected in the final vote tally.

"I think this shows that Democrats wanted to make a point about the nominee, and it wasn't about grinding the process to a halt with a filibuster," one pro-abortion lobbyist said. "When you think about [former Attorney General] Ed Meese receiving only 31 votes against him, it makes a strong statement about this senate's willingness to consider extreme nominees."

However, conservative activist Grover Norquist called the vote political and said it represented the power of leftist groups to oppose a perfectly qualified candidate.

"What they are doing with this 41, 42 thing is to show Bush that 'we're able to get these senators to vote against a man that is clearly qualified,'" he said. "To aim for 40 votes is totally partisan when you consider that there are no real objections to his nomination except from a bunch of wacked-out lefties."

Elliot M. Mincberg, a lawyer for the left-wing group People for the American Way, said that such political statements were necessary and that this effort was a success.

"Anything in the high 30s or low 40s [is] a strong statement," he said.

"First, it warns future nominees and the president that the people and the Senate are not going to allow a right-wing takeover of the third branch of government. Second, it makes a statement on how Ashcroft should act in his stewardship of the Department of Justice and establishes a record to compare his actions to."

Democrats tried to blame their partisanship on Bush.

"Today's vote is important," Schumer said. "It is historic, because this nomination was divisive. In this sea of bipartisanship, one thing stands out against that."

(Ironically, Bill Clinton's attorney general, the controversial and widely criticized Janet Reno, cleared the Senate without opposition.)

Copyright 2001 by United Press International.

All rights reserved.

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