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JANUARY 17, 2001

Senate confirmation hearings for Attorney General nominee John Aschcroft began on Tuesday and the opening day was peppered with questions on his commitment to upholding civil rights laws, some of which he has personally opposed in the past.

But as some groups warned Ashcroft's confirmation would be a "litmus test" for civil rights, issues affecting Native Americans were largely left off the agenda yesterday.

With jails in Indian Country overcrowded and underfunded, crime and usage of alcohol and drugs rising among Native youth, and Native women reporting the highest rate of intimate partner violence, Ashcroft as head of the Department of Justice would oversee a variety of critical programs affecting tribes and Native Americans. The Department provides services, funding, and support for tribal jails, drug courts, juvenile justice, and domestic violence programs.

Additionally, Ashcroft would preside over decisions affecting government enforcement of trust responsibilities. Although sometimes forced to defend themselves against tribes, the Department acts as a legal firm for tribal interests, often aggressively pursing land claims, natural resource, and treaty rights cases.

In this area, the conservative Ashcroft inherits a sometimes controversial legacy from President Bill Clinton and his predecessor Janet Reno. The Department made the highly unpopular decision to seek inclusion of private landowners in New York to the Oneida Nation land claims case and is being scrutinized for siding with tribes in a freedom of information dispute in Oregon and for helping the Coeur d'Alene Tribe assert ownership to part of a lake in Oregon -- two issues the Supreme Court will address this year.

Still, although hundreds of groups nationwide have joined the fight against the former Missouri Senator, most have focused primarily on Ashcroft's views on abortion, affirmative action, gays and lesbians, gun control, law enforcement, and religion. The hearing on Tuesday reflected this priority as Senators questioned whether Ashcroft would support existing law and the Constitution.

"Can we expect, for example, an unabashed and vocal opponent of reproductive rights for women to vigorously enforce laws that protect a woman's right to choose?" wondered Senator Dianne Feinstein (D-Calif).

"During Senator Ashcroft's quarter-century in public service, he has taken strong positions on a range of important issues in the jurisdiction of the Justice Department," said Senator Ted Kennedy (D-Mass). "Unfortunately a and often, he has used the power of his high office to advance his personal views in spite of the law of the land."

Ashcroft defended himself against such criticisms, immediately addressing many issues during his opening statement. "I understand that being Attorney General means enforcing the laws as they are written, not enforcing my own personal preference; it means advancing the national interest, not advocating my personal interest," he said.

He also defended his opposition to the confirmation of Clinton nominees such as Bill Lann Lee to head the Justice Department's Civil Rights Division, David Satcher for Surgeon General, and Judge Ronnie White for a federal judgeship. Ashcroft said he questioned Lee's committment to existing law, Satcher's ethics, and White's judicial record -- criticism Ashcroft himself now faces.

Day two of the Ashcroft nomination hearing continues today with more questioning. But a potentially spirited debate won't come until Thursday, when White himself will appear to testify against Ashcroft.

Get Ashcroft Hearing:
Text: John Ashcroft's Senate Confirmation Hearing (eMediaMillWorks 1/16)

Relevant Links:
The Senate Judiciary Committee - www.senate.gov/~judiciary

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