Beverley Lumpkin: Halls of Justice
W A S H I N G T O N, Dec. 29 --
ASHCROFT COMETH
Most Justice folks are still reeling from the announcement that Sen. John Ashcroft, R-Mo., is President-elect George W. Bush’s nominee for Attorney General.
It’s not so much a political thing — although some of the choicest comments are coming from the outgoing Democrats — as an institutional thing: hopes were dashed that Bush had not chosen Oklahoma Gov. Frank Keating. Because Keating had both been an FBI agent and served as a top Justice official during 1988-89, bridging the Ronald Reagan and George Bush administrations, there was optimism that he knows what the business of the department is and would not unduly shake things up.
Ashcroft, by contrast, is viewed by many as someone who, for the past six years, has been unremittingly hostile to Justice, criticizing career as well as political employees.
There is also a fear that his very conservative views might inappropriately interfere with the department’s mission. There were a lot of pointed wisecracks, from former and current officials.
Among the best: “I guess we’ve just enjoyed our last non-mandatory Christmas,” and “I’m sure the creche will look nice in the newly renovated courtyard.”
There are also dire predictions, including: “There will be blood running in the hallways,” and “Apres moi, le deluge,” at least an ironic tone was used, and “what worries me is that he’s going to come in and think the place is filled with closet-pinkos.”
Can he really be that bad? Although many people are away this week, I’ve been talking to several past and current Justice officials, and also to knowledgeable Hill staffers, as well as reviewing ABCNEWS’ political unit’s early but excellent research.
Certainly a true-blue conservative, Ashcroft has earned a lifetime rating of 98 percent from the American Conservative Union. At his confirmation hearing, the most critical areas will doubtless be abortion and civil rights.
He is well-known as a staunch opponent of abortion and for that reason his appointment was strongly pushed by the right. He has a very conservative record on most civil rights questions; combined with his opposition to affirmative action and to several high-level appointments of blacks that has caused some liberal groups to accuse him of being hostile to civil rights.
ANTI-ABORTION ASHCROFT
To some extent, having an attorney general who is strongly anti-abortion will be only a symbolic victory for conservatives. Yes, his stance is 180 degrees different from his predecessor’s, but what can he really do about it? There are at least three areas in which he could affect policy, and the difference could range from marginal to major.
FACE law enforcement In 1994, Congress passed the Freedom of Access to Clinic Entrances act, which provides both civil and criminal sanctions against those who, by force or threat of force, would injure, intimidate or interfere with any person from obtaining or providing reproductive health services.
Vigorous enforcement of this law has considerably lessened the kind of unrest and violence at clinics that used to be routine. Will Ashcroft continue to vigorously enforce this law?
Also, in situations where local law enforcement wouldn’t or couldn’t protect clinics, Attorney General Janet Reno has been willing to assign U.S. Marshals Service personnel to provide such protection; would Ashcroft do the same?
Judicial Appointees One of the most powerful ways to pursue an anti-abortion agenda would be to impose severe litmus tests on judicial nominees. But in the Clinton administration, much of the choosing and vetting of judges was handled in the White House.
Liberal groups have been disappointed and critical that Clinton’s judicial nominees were mainly moderates. Will a Bush administration return the vetting to Justice, and will Ashcroft impose a litmus test?
Court Filings
Although there are not as many abortion-related cases moving in the federal courts at this time as there were several years ago, the Bush administration could make a difference if it chooses to involve itself in such cases as there are, whether regarding “partial-birth” abortion or access to clinics, by filing amicus briefs. Here the choice for Solicitor General will be as key as Ashcroft.
ASHCROFT ON CIVIL RIGHTS
There will be “very hard questions” for Ashcroft from Democrats on why he opposed the nomination of Missouri Judge Ronnie White, an African-American, for the federal bench.
Also, when he was Missouri State Attorney General, Ashcroft sued the National Organization for Women and fought for years against a desegregation plan for St. Louis schools.
However, as Missouri governor, according to The Associated Press, Ashcroft signed a law providing a state holiday to honor Martin Luther King Jr; turned black musician Scott Joplin’s home into a historic site; created an award honoring George Washington Carver; named a black woman to a state judgeship; and fought to save an historically black school.
But then, of course, there was that honorary degree from Bob Jones University, which has banned — and now still restricts — interracial dating. Here are just a few areas of possible contention or change in civil rights:
Pattern & Practice Investigations
By another law passed by Congress in 1994, the Justice Department was empowered to bring civil lawsuits against law enforcement agencies whenever department investigators had discovered a “pattern or practice” of brutality, use of excessive force, racial profiling, or other abuses.
About a dozen such investigations are currently under way, but during the campaign Bush expressed criticism of such efforts, opining the Feds should not interfere with local law enforcement. Would Ashcroft stop enforcing this law?
Affirmative Action
Another area that could bring change, although there really aren’t that many affirmative action programs left, since several Supreme Court rulings early in the Clinton administration.
But Justice has tried to follow Clinton’s directive to “mend not end” affirmative action; not by setting hard quotas but by encouraging goals in areas where past discrimination was clear. Will even those limited moves end? What about affirmative action in higher education?
Americans with Disabilities Act
Under Acting Assistant Attorney General Bill Lann Lee, one of the most active sections in the Civil Rights Division has been the one enforcing the Americans with Disabilities Act, forcing establishments to make their facilities accessible.
This law was passed during the Bush administration with strong support from the president, but it has been regarded as anathema by many businesses — will the new President Bush ease up on enforcement to help out his friends in business?
Hate Crimes
The Clinton administration has tried to expand the definition of hate crimes to include crimes based on the victim’s sexual orientation, gender, or disability. Ashcroft was opposed in the Senate.
HOT BUTTON ISSUES
In addition to the major areas of abortion and civil rights, there are other issues where Bush/Ashcroft could change policy dramatically.
Microsoft
There probably won’t be any major change initially; this train has already been running down the track for some time. The case is being prepped now for appeals court briefing and argument.
For those of you wondering about Gore’s leading Florida advocate, David Boies, is mainly out of the case now, as his genius is generally considered to be at the trial level. Unclear at this point is who will argue for the government at the appeals court in February, or whether the Bush administration will weigh in heavily.
But Ashcroft questioned Bill Gates sharply in a 1998 appearance before the Senate Judiciary Committee. The best bet is that the new administration will allow the case to proceed through the appeals court level. But if the government should lose there, Bush/Ashcroft may well seek a settlement rather than pursuing the case to the Supreme Court.
Tobacco Lawsuit
By contrast, the huge lawsuit filed by the Clinton administration against the tobacco industry is probably a dead duck.
Reno is on record as saying the case cannot proceed without funding, and Republicans in Congress have stoutly refused to ante up. It would be the simplest thing in the world for Bush and Ashcroft just to shrug and say, gee, we don’t have the money, sorry, no can do.
Gun Control
Ashcroft has been opposed to any new gun control legislation, but during the campaign Bush indicated that he favors closing the so-called gun show loophole.
Prevention Programs
Several officials opined that one of the biggest changes would be away from Reno’s strong emphasis on programs, particularly directed at youth, to prevent crime from occurring in the first place.
Ashcroft was quoted by The Associated Press: “A government which takes the resources that we would devote toward the interdiction of drugs and converts them to treatment resources … and then assures citizens that if you’re involved in drugs, we’ll be there to catch you with a treatment center; and also implements a clean-needle program; is a government that accommodates us at our lowest and least instead of calls us to our highest and best.”
Criminal Prosecutions
Several officials predicted that there will be much less emphasis on white collar crime, environmental crime, and anti-trust enforcement across the board, with more focus on violent crimes.
One said the emphasis will go back to “guns and drugs”; another said the Drug Enforcement Agency will make out great in this new world, as all the push will go to “yanking up the drug numbers.”
Personnel
Will there really be a blood-letting? Because of the years of criticism by Republicans of the conduct of the campaign finance investigation, in particular of the Criminal Division’s Public Integrity Section, will there be a move to sweep that section clean of all those presumed scoundrels?
Even Reno’s most severe critics in Justice and the FBI — FBI Director Louie Freeh and Justice official Chuck LaBella — have said they believed her decisions were based in honesty and integrity.
But the most outspoken of her Republican opponents have painted her and her department as “corrupt.” Will Ashcroft punish those who counseled her? Such senior career people as public integrity chief Lee Radek (ironically, a Republican) cannot be fired without cause, but they can be banished to other positions.
Beverley Lumpkin has covered the Justice Department for 14 years for ABCNEWS. Halls of Justice appears every Friday.
