JOHN ASHCROFT, the nominee for attorney general of the United States,
has gotten modest raves for his singing and songwriting. But President-elect
George W. Bush didn't tap him for his musical virtuosity. Missouri's former
governor and senator shows every sign of becoming the most unabashedly
ideological attorney general since President Ronald Reagan picked hard-liner
Ed Meese, one-time deputy district attorney in Alameda County, who served from
1985 to 1988. Ashcroft is the perfect hatchet man on civil rights enforcement.
He holds an honorary degree from racially retrograde Bob Jones University.
He has praised Robert E. Lee and Stonewall Jackson, the confederate generals,
and Jefferson Davis, president of the Confederacy.
As a senator, he launched a venomous crusade to scuttle the nomination of
David Satcher, President Clinton's pick for surgeon general, because, Ashcroft
said, Satcher opposed a ban on partial-birth abortion. Ashcroft lost that
battle.
But he nailed Ronnie White, the first black judge on the Missouri Supreme
Court, when Clinton proposed him for a federal judgeship. Ashcroft said that
White coddled criminals and routinely overturned death sentences. These were
blatant falsehoods. According to the Missouri Fraternal Order of Police,
White's record on the death penalty was no different from that of Ashcroft-
appointed judges -- and these police advocates found no evidence that he
showed any pro-defendant bias while on the state court.
Ashcroft also fought hard to sabotage Bill Lann Lee's appointment to head
the Justice Department's civil rights division. Lee's sin was that he was too
much in favor of affirmative action.
As attorney general, Ashcroft poses a mortal threat in these hypercharged
areas: civil rights enforcement, hate crimes, police violence, the death
penalty and judicial appointments.
Under Attorney General Janet Reno, the civil rights division wrung consent
decrees from city officials in Pittsburgh and Los Angeles to rein in corrupt
and brutal police practices.
Ashcroft is more likely to take a cue from his boss on police reform. Bush
said that it is not the job of the Justice Department to "second guess" local
police agencies. He virtually lifted a page from Papa Bush's script on police.
A decade earlier, President Bush's press secretary, Marlin Fitzwater, told
reporters, "It's not our role to comment on individual police departments."
Little has changed. Complaints of police abuse continue to rise, and
federal prosecutors continue to downplay them. According to a 1999 report by
Human Rights Watch, fewer than 1 percent of allegations of police abuse
investigated by the FBI resulted in charges of excessive force by police. Reno
took tepid and tentative steps to deal with the problem. Ashcroft probably
won't do that much.
As a senator, Ashcroft opposed any expansion of hate-crimes laws. And Bush,
despite garbled denials that he was soft on hate-crimes legislation -- charges
leveled at him following the dragging murder of James Byrd by white
supremacists -- did nothing to strengthen hate crime laws in Texas.
The overwhelming majority of prisoners awaiting federal execution are black.
Ashcroft is a cheerleader for the death penalty at every turn. Bush says that
he sees no need for a moratorium on federal executions. He almost certainly
would not have granted a federal inmate the six-month stay of execution that
Clinton did pending review of gaping racial disparities in those given the
federal death penalty.
A little-known part of the attorney general's job is to advise the
president on judicial nominations. When Supreme Court Justice Clarence Thomas
worked as an aide to Missouri Sen. John Danforth, Ashcroft shared an office
with him. He adores Thomas's strict constructionist judicial philosophy, and
so does Bush. What kind of judges Ashcroft will advise Bush to pick is no
mystery.
Two decades ago, Reagan chose another right-wing ideologue, William
Bradford Reynolds, to head the civil rights division at the Department of
Justice. Reynolds giddily went about wrecking affirmative action programs. He
disdained any crackdown on hate crimes and turned a blind eye toward police
violence. Bush's Justice Department almost certainly will dash back to those
lax and contentious days in civil rights enforcement.
The great irony is that Ashcroft lost his re-election bid because black
voters in Missouri (a state Bush won) stampeded to the polls to punish him for
his Stone Age stance on civil rights. A further twist is that Ashcroft lost
his Senate seat to a dead man. Missouri voters elected the state's deceased
governor, Mel Carnahan, who was killed in a plane crash three weeks before the
election. Carnahan's name remained on the ballot, and the state's new
Democratic governor promised to appoint Carnahan's widow to the Senate if
Carnahan won.
Civil rights groups will, and should, protest John Ashcroft's nomination.
But as a former member of the chummy Senate fraternity, he'll likely be
confirmed. And once in as attorney general, he will get his chance to wreak
revenge.
Earl Ofari Hutchinson is the author of "The Disappearance of Black Leadership" (Middle Passage Press, 2000).
©2000 San Francisco Chronicle
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