Pubdate: Mon, 25 Dec 2000 Source: San Francisco Chronicle (CA) Copyright: 2000 San Francisco Chronicle Page: A3 Contact: 901 Mission St., San Francisco CA 94103 Feedback: http://www.sfgate.com/select.feedback.html Website: http://www.sfgate.com/chronicle/ Forum: http://www.sfgate.com/conferences/ Author: Thomas B. Edsall, Washington Post TOP COP PICK FACING TOUGH QUESTIONS Top Cop Pick Faces Grilling Liberals Question Stance On Black Judge, Abortion Washington -- Democratic senators warned yesterday that Sen. John Ashcroft, R-Mo., President-elect Bush's nominee for attorney general, faces tough cross-examination over his opposition to a black judicial appointment and his willingness to enforce a law guaranteeing access to abortion clinics. "We'll have a very fair hearing," Sen. Patrick J. Leahy of Vermont, the senior Democrat on the Judiciary Committee, said on ABC's "This Week." But, he stressed, "there will be tough questions." No senators said they are prepared to vote against Ashcroft, and liberal opponents of the nomination are pessimistic about their prospects of defeating Ashcroft. But both Democrats and leaders of liberal advocacy groups see the Ashcroft hearings as an opportunity to begin to mobilize two key constituencies -- African Americans and suburban women who support abortion rights -- in preparation for both future battles over nominees to the Supreme Court and for the 2002 House and Senate elections. Likewise, some conservatives are urging that Bush steadfastly refuse to bend to liberal pressure on his nominees and say they will oppose any with even a hint of liberalism. "This is when compassion runs head-on into conservatism," said Democratic media consultant Bill Knapp, who worked on the unsuccessful campaign of Vice President Al Gore. "The Bush campaign was a brilliant selling job," Knapp said. "They worked hard and aggressively to hide the public differences. . . . They made real public policy differences mind-numbingly dense to people. Now, Bush has to make real political choices every day." Ashcroft, Leahy said, will be asked to explain his opposition to the appointment of Ronnie White, a black Missouri Supreme Court judge, to a seat on the federal bench. Ashcroft will also be asked whether his adamant opposition to abortion will interfere with his ability to enforce federal laws protecting abortion rights. Leahy was already prepared yesterday to challenge Ashcroft's charges that White was too favorable to criminal rights and excessively opposed to the death penalty. With documents in hand, Leahy quoted the Missouri Fraternal Order of Police defending White, and he pointed out that White supported the death penalty in the majority of cases before him and had often joined with Ashcroft-appointed judges when he overturned death penalties. Along similar lines, Sen. Bob Graham, D-Fla., warned on CBS' "Face the Nation": "There are going to be a lot of questions about Senator Ashcroft. Mainly I think they will focus on the question of whether the instance of Judge White represented a credible basis for his change in position and ultimate rejection of that nomination or whether it raises some troubling questions as to a pattern of dealing with issues of minorities." Republican senators defended Ashcroft's record. Sen. Jon Kyl, R-Ariz., said on "This Week" that Ashcroft "has a great record of equal justice for all. As a matter of fact, he's received awards for his support of the African American community in Missouri." Ashcroft's prospects for winning Senate approval are strong because ex-senators have traditionally won the backing of their former colleagues, and many moderate-to-liberal Democrats have indicated that barring new, damaging disclosures, they are not inclined to oppose the nomination. Nevertheless, liberal groups are putting together material encouraging that Ashcroft be questioned about his acceptance of an honorary degree from Bob Jones University in Greenville, S.C., and an interview he gave to the pro- Confederate Southern Partisan magazine. In the interview, he stressed the importance "of defending Southern Patriots like (Robert E.) Lee, (Stonewall) Jackson, and (Confederate president Jefferson) Davis." Officials of Bob Jones University have denounced the Catholic and Mormon faiths, and, until recently, prohibited interracial dating. Even before Bush announced the selection of Ashcroft, leading abortion rights, civil rights and civil liberties groups had begun to mobilize for what they expect will be major judicial confirmation fights. They said they anticipate that Bush will live up to his campaign promise to appoint federal judges, most importantly Supreme Court nominees, in the mold of conservative Justices Antonin Scalia and Clarence Thomas, and if he does so, they will do all they can to defeat the nominations. The mobilization of forces in opposition "would be unprecedented in its scope," said Ralph Neas, the president of People for the American Way who led confirmation fights in his past role as head of the Leadership Conference on Civil Rights. - --- MAP posted-by: Richard Lake