Pubdate: Sat, 21 Aug 1999
Source: New York Times (NY)
Copyright: 1999 The New York Times Company
Contact:  http://www.nytimes.com/
Forum: http://www10.nytimes.com/comment/
Author: Alan Dershowitz

BUSH'S ILL-ADVISED SILENCE

CAMBRIDGE, Mass. -- George W. Bush should not be allowed to get away with
ducking the question of whether he has used cocaine.

More than any other Presidential candidate, he is running a law-and-order
campaign. Though he claims to be a compassionate conservative, as Governor
of Texas he has shown little compassion for anyone who has broken the law.
His philosophy of justice is, in his words, "Incarceration is
rehabilitation," and he is especially hard on drug users.

As Governor, Mr. Bush has pushed for welfare recipients convicted of felony
drug possession to be cut off for life. He also approved a law that
authorized jail time for those convicted of selling or possessing less than
one gram of cocaine. If he himself used and possessed illegal drugs at any
point in his life, voters have a right to know what would have happened to
him had he been caught and punished under the policies he now supports.

Governor Bush cites privacy in justifying his refusal to answer the press's
question on drug use. Yet he has repeatedly responded to far more personal
questions, saying, for example, that he has always been faithful to his
wife. Unlike adultery, however, cocaine use is a serious crime.

And there is a currently debate over the selective enforcement of drug laws
- -- users of crack cocaine are punished much more harshly than users of
powdered cocaine, who tend to be richer and whiter.

Aside from presenting himself as a tough Texan who has no patience for
rehabilitation, Mr. Bush has taken only vague positions, if any, on other
issues. He is running primarily on his character and his toughness.

For that reason, American voters who want to evaluate his character have
the right to know if he or any other law-and-order candidate has used
drugs. Just as a woman who opposes legalized abortion can be criticized for
hypocrisy if she herself once had an abortion, so too a politician who
opposes drug rehabilitation can legitimately be asked whether his or her
own history is inconsistent with this position.

If George Bush didn't use illegal drugs -- and there is no evidence that he
did -- he can say so truthfully and we can put the issue behind us. But his
refusal to answer this question while rushing to answer the question about
marital fidelity leaves the impression that he's afraid to discuss the
issue of illegal drugs.

Admitting to marijuana use would probably not significantly affect any
politician's candidacy today. Admitting to cocaine use would require Mr.
Bush to reconcile his own past actions with his current policies.

There have long been rumors that Mr. Bush used cocaine, but it's not these
unsourced rumors that make this a legitimate area of inquiry for the press
and the public. It's his own positions on crime, rehabilitation and drugs
that require him to set the record straight.
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