The Senate confirmed John Ashcroft to be Attorney General by a 58-42 vote Feb. 1. Eight Democrats joined all Republicans in that vote. Virtually the entire liberal end of the political spectrum worked to defeat the nomination, though it seemed clear from the start that it would be a nearly impossible task to accomplish.
Many Senators of both parties who voted for Ashcroft would have preferred another candidate. But as Russ Feingold, D-Wisc., one of the few liberals to vote for Ashcroft said, "Examination of the history demonstrates that it has been a nearly continuous custom of the Senate to confirm a president's nominees to the Cabinet in all but the very rarest of circumstances." It has done so only nine times in the history of the nation.
Minority Leader Tom Daschle. D-S.D., interpreted the 42 votes he mustered as a sign they could successfully filibuster, or continue talking to prevent a vote, on judicial nominees they consider to be too conservative. Others suggested that an unwillingness to mount such a filibuster against Ashcroft undercut that claim.
The Human Rights Campaign worked to defeat Ashcroft because of the totality of his record, including the many anti-gay positions he took in the Senate. Most notable was his role in blocking a vote on James Hormel as Ambassador to Luxembourg. President Clinton later gave Hormel a "recess appointment" to that post, bypassing the Senate, and he served with distinction.
"It is clear that a different man turned up for this job interview," said HRC executive director Elizabeth Birch "To win confirmation, Ashcroft recognized he had to turn himself into an inclusive moderate, an image in stark contrast to his settle record and past." Which, by itself, represents an enormous change for the gay community.
Birch vowed to hold the Attorney General accountable "for the new, more moderate positions he professed" during the confirmation process.
Rich Tafel, executive director of Log Cabin Republicans, said they initially were troubled by the Ashcroft nomination. But the nominee's responses and pledge not to discriminate on the basis of race, sexual, on HIV issues, and in hiring "was everything you could have asked for." Log Cabin "did not endorse" Ashcroft but they were pleased with his testimony and statements, and stated that on the record.
"The key for us was what he kept saying during the hearings, 'This will not be John Ashcroft's Attorney Generalship, this will be President Bush's Attorney General' and reflect the administration's position." Tafel said, "The most important thing for us was that his statements were looking forward, not looking backward."
He said they would be meeting with Ashcroft at the Department of Justice to discuss working together on issues of concern to the lesbian and gay community.
Supreme Court Justice Clarence Thomas administered the oath of office to Ashcroft later that day in a private ceremony. The choice of Thomas was more than just the obvious one of racial symbolism, the pair have a personal friendship dating from when both were young lawyers working in the office of then Missouri Attorney General John Danforth.
The New York Times reported that Ashcroft likely will name Larry D. Thompson as his deputy, who will largely run daily operations of the Department. He is African American and served as U.S. Attorney in Georgia during the Reagan administration.
The key slot of solicitor general, whose office argues government cases before the Supreme Court, likely will go to Theodore B. Olson. He is a high-power Washington attorney who successfully argued the Bush side of the Florida election before that Court.
Opposition not enough
Despite defiant opposition from Democrats&emdash;including Illinois Sen. Dick Durbin&emdash;Ashcroft was confirmed as attorney general. After the vote, Ashcroft issued a statement assuring the public that he would "vigorously enforce the law guaranteeing rights for the advancement of all Americans."
"Let me send a clear message today," he said. "I will confront injustice by leading a professional Justice Department that is free from politics, that is uncompromisingly fair; a department defined by integrity and dedicated to upholding the rule of law."
Ashcroft was approved by the Senate Judiciary Committee on a partisan 10-9 vote, with only Wisconsin Democrat Russ Feingold crossing party lines.
Analysts have said the tight vote in the full Senate sends a message to Bush that Democrats have enough votes&emdash;over 40&emdash;to sustain a filibuster if they are unhappy with his appointments in the future, namely potential justices.
"His nominees for the Supreme Court would better serve the nation if they came from the middle," said Sen. Charles Schumer, D-New York.
In a strongly worded statement, Illinois' Durbin said, "I will vote 'no' because the only compass I have is what John Ashcroft has done in the past. I cannot base my vote on what he has claimed he will do in the future when his public record is so clear and so inconsistent with his promises to this Committee."
He goes on to say,"Consider whether those with a different sexual orientation who are victims of hate crimes could expect the protection of John Ashcroft's Department of Justice ... . Could we expect Attorney General Ashcroft to defend tomorrow's Matthew Shepard if he cannot show tolerance for today's James Hormel?"
Other Ashcroft opponents included Joe Lieberman of Connecticut, Al Gore's former running mate. Lieberman said he would oppose the nomination despite a personal and professional relationship with Ashcroft that spans 40 years, beginning in college.
"I have to oppose this nomination," Lieberman said. "On issues ranging from civil rights to privacy rights, Ashcroft has repeatedly taken positions considerably outside the mainstream of American thinking ... . This is awkward and uncomfortable ... . Based on his record, I will vote against his confirmation."
Eight Democrats voted for Ashcroft, while no Republicans voted against him. Democrats who supported him were: John Breaux ( La. ) , Robert C. Byrd ( W.Va. ) , Christopher J. Dodd ( Conn. ) , Feingold, Zell Miller ( Ga. ) , Ben Nelson ( Neb. ) and Kent Conrad and Byron L. Dorgan of North Dakota.
