From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO To: Ken … · 2019-04-09 · CC:Anne Womack...

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Ken Mehlman/WHO/EOP@EOP [ WHO ] <Ken Mehlman>;Anne Womack/WHO/EOP@EOP [

WHO ] <Anne Womack>;Danie| J. Bartlett/WHO/EOP@EOP [ WHO ] <Danie| J.

Bartlett>;Matthew A. Schlapp/WHO/EOP@EOP [ WHO ] <Matthew A. Schlapp>;Tim

Goeglein/WHO/EOP@EOP [ WHO ] <Tim Goeglein>;Heather Wingate/WHO/EOP@EOP [ WHO

] <Heather Wingate>Sent: 3/27/2002 2:23:48 PM

Subject: : President's comments on judges at Chambliss event

###### Begin Original ARMS Header ######

RECORD TYPE: PRESIDENTIAL (NOTES MAIL)

CREATORzBrett M. Kavanaugh ( CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIMEz27-MAR-2002 19:23:48.00

SUBJECTzz President's comments on judges at Chambliss event

TOzKen Mehlman ( CN=Ken Mehlman/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzAnne Womack ( CN=Anne Womack/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzDaniel J. Bartlett ( CN=Daniel J. Bartlett/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzMatthew A. Schlapp ( CN=Matthew A. Schlapp/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzTim Goeglein ( CN=Tim Goeglein/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzHeather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

###### End Original ARMS Header ######

There is no more fundamental issue than to making sure we have a

judiciary of people that do not interpret the law from the bench; peoplewho do not try to write law from the bench. (Applause.) People who

interpret the law and not try to write it.

And I put up a good man from Mississippi the other day. And I

don't remember the senior senator from Georgia defending this man's

honor. And we're going to have more fights when it comes to the

judiciary. And I'm going to put strict constructionists on the bench.

And I expect people in the United States Senate from a great state like

Georgia to do what Zell Miller did, and stood up and defended the honor

and integrity of Judge Pickering. And that's what Saxby Chambliss is

going to do. (Applause.)

REV_00091950

From: Willett, Don <Don.V\[email protected]>To: Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>CC: Sales, Nathan <[email protected]>;Anne Womack/WHO/EOP@EOP [ WHO ] <Anne

Womack>

Sent: 5/4/2002 11 :01 :43 AM

Subject: : Re: some updated stats, facts, and quotes



CREATOR:"Willett, Don" <[email protected]> ( "Willett, Don" <[email protected]> [

UNKNOWN ] )

CREATION DATE/TIME: 4—MAY—2002 15:01:43.00

SUBJECT:: Re: some updated stats, facts, and quotesTO:Brett M. Kavanaugh ( CN=Brett M. Kavanaugh/OU=WHO/O=EOP@EOP [

READ:UNKNOWN

CC:"Sales, Nathan" <[email protected]> ( "Sales, Nathan" <[email protected]> [

UNKNOWN ] )

READzUNKNOWN

CC:Anne Womack ( CN=Anne Womack/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


Thanks, Brett. I don't have the docs. here in front of me but will take a

look as soon as I can.

Nathan: please check this.

DRW

——— Sent from my BlackBerry.

77777

Original MessageeeeeeFrom: [email protected] <[email protected]>To: Willett, Don <[email protected]>CC: [email protected] <[email protected]>Sent: Sat May 04 14:43:44 2002

Subject: Re: some updated stats, facts, and quotes

Don: On the general tp's, I might delete the last section on

Pickering.

(Embedded

image moved "Willett, Don" <[email protected]>to file: 05/02/2002 07:30:41 PM

picll939.pcx)

Record Type: Record

To: See the distribution list at the bottom of this message

cc:

Subject: some updated stats, facts, and quotes

REV_00093433

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Alberto R. Gonzales/WHO/EOP@EOP [ WHO ] <A|berto R. Gonzales>;Timothy E.

FIanigan/WHO/EOP@EOP [ WHO ] <Timothy E. FIanigan>;Bradford A. Berenson/WHO

/EOP@EOP [ WHO ] <Bradford A. Berenson>;HeIgard C. Walker/WHO/EOP@EOP [ WHO ]

<Helgard C. Walker>;Jennifer G. Newstead/WHO/EOP@EOP [ WHO ] <Jennifer G.

Newstead>;H. Christopher Bartolomucci/WHO/EOP@EOP [ WHO ] <H. Christopher

Bartolomucci>;Kyle Sampson/WHO/EOP@EOP [ WHO ] <Ky|e Sampson>;Rachel L.

Brand/WHO/EOP@EOP [ WHO ] <Rache| L. Brand>;Noe| J. Francisco/WHO/EOP@EOP [ WHO

] <Noe| J. Francisco>

Sent: 5/16/2002 5:56:13 AM

Subject: : Pickering




CREATION DATE/TIME:16-MAY-2002 09:56:13.00

SUBJECTzz PickeringTOzAlberto R. Gonzales ( CN=Alberto R. Gonzales/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzTimothy E. Flanigan ( CN=Timothy E. Flanigan/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzBradford A. Berenson ( CN=Bradford A. Berenson/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzHelgard C. Walker ( CNZHelgard C. Walker/OUZWHO/OZEOP@EOP [ WHO ] i

READzUNKNOWN

TOzJennifer G. Newstead ( CN=Jennifer G. Newstead/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzH. Christopher Bartolomucci ( CN=H. Christopher Bartolomucci/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TO:Kyle Sampson ( CN=Kyle Sampson/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzRachel L. Brand ( CN=Rachel L. Brand/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzNoel J. Francisco ( CN=Noel J. Francisco/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


Lott Promises Senate Will Reconsider Pickering Nomination If GOP Wins

Majority. CO (5/15, Tully) reports Charles W. Pickering Sr. &stood a few

yards from the Senate floor on Wednesday, chatting with old

acquaintances. That was closer than he got to the floor in March, when

the Democratic—controlled Judiciary Committee rejected his nomination to

the 5th U.S. Circuit Court of the Appeals.8 But supporters &say Pickering

may sit on that very court some day.8 Minority Leader Trent Lott, who &

met with his longtime friend and fellow Mississippian later Wednesday,said that if Republicans regain control of the Senate in this year,s

elections +He,ll be the first one confirmed.,8 Pickering, whose name &has

become a rallying cry for Republicans angry at the pace of Senate action

on President Bush,s judicial nominations, was in town to attend a judicial

meeting. Now out of the headlines, the 64-year-old Pickering continues to

serve as a U.S. District Court judge in Mississippi. He didn,t want to

talk much about the noisy and rancorous battle over his nomination.8

Pickering said, &It,s always tough to hear folks criticize you and your

record, [but] I,m at peace with the situation. l,m not going to be

embittered for the rest of my life. Life,s too precious.8

REV_00094066

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: David G. Leitch/WHO/EOP@EOP [ WHO ] <David G. Leitch>;A|berto R. Gonzales/WHO

/EOP@EOP [WHO] <A|berto R. Gonzales>

Sent: 12/17/2002 4:12:02 AM

Subject: : Sen. Lott's comments last night about Judge Pickering




CREATION DATE/TIMEzl7-DEC-2002 09:12:02.00

SUBJECTzz Sen. Lott's comments last night about Judge PickeringTOzDavid G. Leitch ( CN=David G. Leitch/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN

TOzAlberto R. Gonzales ( CN=Alberto R. Gonzales/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN


GORDON: What about Charles Pickering, who you backed very strongly, quite

frankly...LOTT: Absolutely, yes.

GORDON: Absolutely...LOTT: I did back him, because he is a fine man with an outstanding record

who actually took risks with his own life to——in actions against the Klan.

GORDON: But you know where I'm going with that question.LOTT: I do. Sure.

GORDON: You would take another look at him now?

LOTT: I know his heart. He is a good man and is not a racist or a

segregationist in any way. The things——many of the things said against him

he was not guilty of.

But having said that, you know, I'll have to weigh all of my actions

differently and more carefully.

REV_00104712

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Noel J. Francisco/WHO/EOP@EOP [ WHO ] <Noe| J. Francisco>;Ker Sampson/WHO

/EOP@EOP [ WHO ] <Ky|e Sampson>;H. Christopher Bartolomucci/WHO/EOP@EOP [ WHO ]<H. Christopher Bartolomucci>;Benjamin A. Powell/WHO/EOP@EOP [ WHO ] <Benjamin A.

Powe||>;He|gard C. Walker/WHO/EOP@EOP [WHO ] <He|gard C. Walker>;Jennifer G.

Newstead/WHO/EOP@EOP [ WHO ] <Jennifer G. Newstead>;Bradford A. Berenson/WHO

/EOP@EOP [ WHO ] <Bradford A. Berenson>

Sent: 12/17/2002 4:21 :22 AM

Subject: : Sen. Lott's comments last night about Judge Pickering




CREATION DATE/TIMEzl7-DEC-2002 09:21:22.00

SUBJECTzz Sen. Lott's comments last night about Judge PickeringTOzNoel J. Francisco ( CN=Noel J. Francisco/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN

TOzKyle Sampson ( CN=Kyle Sampson/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN

TOzH. Christopher Bartolomucci ( CN=H. Christopher Bartolomucci/OU=WHO/O=EOP@EOP

READ : UNKNOWN

TOzBenjamin A. Powell ( CN=Benjamin A. Powell/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN

TOzHelgard C. Walker ( CN=Helgard C. Walker/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN

TOzJennifer G. Newstead ( CN=Jennifer G. Newstead/OU=WHO/O=EOP@EOP [ WHO ]

READ : UNKNOWN

TOzBradford A. Berenson ( CN=Bradford A. Berenson/OU=WHO/O=EOP@EOP [ WHO ]

READ : UNKNOWN


Last line is interesting.

GORDON: What about Charles Pickering, who you backed very strongly, quite

frankly...LOTT: Absolutely, yes.

GORDON: Absolutely...LOTT: I did back him, because he is a fine man with an outstanding record

who actually took risks with his own life to——in actions against the Klan.

GORDON: But you know where I'm going with that question.LOTT: I do. Sure.

GORDON: You would take another look at him now?

LOTT: I know his heart. He is a good man and is not a racist or a

segregationist in any way. The things——many of the things said against him

he was not guilty of.

But having said that, you know, I'll have to weigh all of my actions

differently and more carefully.

)

)

WHO ] )

REV_00104717

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: David G. Leitch/WHO/EOP@EOP [ WHO ] <David G. Leitch>;Ker Sampson/WHO/EOP@EOP [

WHO ] <Ky|e Sampson>;Alberto R. Gonzales/WHO/EOP@EOP [ WHO ] <A|berto R. Gonzales>

Sent U200031Z3¢47PM

Subject: : pickering stories




CREATION DATE/TIME: 2-JAN-2003 17:30:47.00

SUBJECTzz pickering stories

TOzDavid G. Leitch ( CN=DaVid G. Leitch/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


2 old stories from February per discussion:

New York Times (February)

HEADLINE: Blacks at Home Support a Judge Liberals Assail

BYLINE: yBy DAVID FIRESTONEy

DATELINE: LAUREL, Miss., Feb. 15

BODY:

Back in Washington, his opponents have depicted Judge Charles W. Pickeringas the personification of white Mississippi's oppressive past, a man so

hostile to civil rights and black progress that he is unfit for promotionto a federal appeals court.

But here on the streets of his small and largely black hometown, far from

the bitterness of partisan agendas and position papers, Charles Pickeringis a widely admired figure of a very different present. In funeral parlorsand pharmacies, used—car lots and the City Council chambers, the city'sblack establishment overwhelmingly supports his nomination to the United

States Court of Appeals for the Fifth Circuit, which is heading toward a

contentious vote in the Senate in the first major judicial battle of the

Bush administration.

Though few black residents here subscribe to Judge Pickering's staunchly

Republican politics, many say they admire his efforts at racial

reconciliation, which they describe as highly unusual for a white

Republican in the state.

"I have never seen Trent Lott open his arms to the black community the way

Charles Pickering has," said Larry E. Thomas, owner of Thomas Pharmacy,

referring to the Senate minority leader, who is Judge Pickering's friend

and patron. "Over the years I've seen him work with black leaders and

really try to make an effort to understand and help the community. That's

a progressiveness that we need to see more of in this state."

Progressive is not exactly the description used by the national black

officials who are making an intense effort to prevent the judge's

appointment. "A vote for Pickering is a vote against civil rights," said

Julian Bond, the national chairman of the N.A.A.C.P. Representative Robert

C. Scott, Democrat of Virginia, speaking against the nomination with other

members of the Congressional Black Caucus, said, "It's hard to imagine a

person who is more hostile to civil rights." Judge Pickering has also been

condemned by a variety of big—city newspaper editorial boards and

columnists.

REV_00105402

But such comments carry little weight among those who actually know the

man personally here in Laurel, in southeast Mississippi. Judge Pickering,now a federal district judge in the nearby city of Hattiesburg, was

praised by black city officials for helping to set up after—school youth

programs here, and for directing federal money to medical clinics in

low—income areas when he was a state senator. Black business leaders say

he was influential in persuading white—owned banks to lend money to black

entrepreneurs, helping to strengthen the city's black middle class.

"I can't believe the man they're describing in Washington is the same one

I've known for years," said Thaddeus Edmonson, a former local president of

the N.A.A.C.P. who is now president of the seven-member Laurel CityCouncil and one of its five black members. "If those people who are voting

against him because of some press release would just come down here and

talk to the people who know him, I think they would have a very different

opinion."

The judge's widespread popularity in his hometown has been frustrating to

the many civil rights and abortion rights groups that have worked to

portray him as an ideological relic of the Old South.

Several opponents of his nomination have tried unsuccessfully to get his

supporters to change their minds, and their inability to do so reflects

the distance between national liberal groups and many Southern blacks in

small towns. In a city like Laurel, with a population of 18,393, one's

personality and faith are often more important than a judicial paper trail

or an adherence to an agenda.

People for the American Way, a liberal organization based in Washington,has criticized Judge Pickering for disregarding the separation of church

and state by promoting religious programs from the bench. But many

prominent blacks here say it is precisely his religious background-- he

was president of the Mississippi Baptist Convention in the 1980's —— that

they admire.

"I know Judge Pickering is a fair and impartial person grounded with

Christian ethics and beliefs, who ought to be given this chance," said the

Rev. Arthur Logan, the black pastor of the Union Baptist Church and a

member of the City Council. "There are many people in Mississippi who made

these same mistakes early in life, but their strong Christian character

brought them closer to God and helped them change."

Four of the five black council members, in fact, said they

enthusiastically supported Judge Pickering's appointment. The fifth,

Manuel Jones, said he opposed the nomination, largely because he differed

with Judge Pickering's efforts in the late l980's to integrate the largelyblack city schools with the largely white county schools.

Judge Pickering, then in private practice in Laurel, was one of several

white city leaders who argued that the city could not attract economic

development with an effectively segregated school system. At the time, Mr.

Jones was president of the Laurel—Jones County branch of the N.A.A.C.P.,

which maintained that consolidation would dilute black administrative

power over the city schools. The consolidation plan was eventuallyoverturned by a federal judge, who said it was not justified.

Mr. Jones said he rebuffed a recent telephone request by Judge Pickeringthat he write the Senate a letter of support. (He had publicly opposed the

judge's original appointment to the federal bench in 1990.) Several other

council members did agree to the judge's request, however, and their

letters are on file with the Senate Judiciary Committee.

"It's hard to go against a sitting federal judge," said Mr. Jones,

searching for an explanation of why his colleagues have taken a positionthat differs so sharply from his.

Many of the judge's critics have cited actions or statements he made in

REV_00105403

the 1960's and 70's. They have pointed to an article he wrote in 1959 that

appeared to support strengthening the state's law against interracial

marriages, and to his votes in the state senate that appeared to dilute

black voting strength.

But his many black supporters here —— all lifelong Democrats ——

say theyare more interested in his journey than his starting point. They say Judge

Pickering, like many white Mississippians, has moved beyond his

all—too—common origins.

"He grew up like a lot of white people here," said the Rev. George L.

Barnes, a black minister who is pastor at two Missionary Baptist churches

and owns a used-car lot. "But his daddy and my daddy used to swim togetherdown in the creek, and I've never heard him say a racist thing. I would

say, of people in his age bracket, he's probably come further than any

white man I know of."

Local leaders' support for Judge Pickering has put them at odds with

several black state officials and the Mississippi conference of the

N.A.A.C.P., which oppose his appointment. Bennie Thompson, a Democrat who

represents the Delta region on the opposite side of the state in Congress,has called the judge's black supporters "Judases." State N.A.A.C.P.

officials say the judge's supporters in Laurel have succumbed to an effort

to cover up his feelings with small acts of kindness. This alternately

angers and amuses local residents, who say no such masquerade can last for

decades.

"If he's been putting on a show for us, it's the greatest show on earth,"

said Mr. Thomas, who runs the city's only black—owned pharmacy and who

served with Mr. Pickering on the local economic development board in the

1980's.

Ralph Neas, president of People for the American Way, which is leading the

opposition to the appointment, said many of the judge's supporters in

Laurel simply did not know the full details of his record.

"We don't dispute that he has support from a number of African—Americans

at the local level, and we have never said he is a racist," Mr. Neas said.

"He may be a decent person on a one-to-one basis, but that's not the

issue. It's his actions as a public official that demonstrate

insensitivity and hostility toward basic civil rights principles."

People for the American Way said that as a state senator in the 1970's,Mr. Pickering voted for measures to reduce black voting strength and

approved giving state money to the Mississippi Sovereignty Commission,

which became notorious for opposing the civil rights movement. On the

federal bench, the group said, he has strongly criticized the creation of

largely black political districts as a remedy for past discrimination.

Many local residents said they were not familiar with such statements. But

they do remember that in 1967, Judge Pickering testified against Sam

Bowers, a Ku Klux Klan leader based in Laurel who was on trial for the

firebombing death of a black civil rights worker. Several said that justas the judge broke with prevailing white opinion in the state to do so,

they have no trouble differing with black opinion.

"What blacks have fought for is freedom, and that means the freedom of

expression to differ among ourselves," said Johnny Magee, a black

councilman who supports the judge. "So many people are still angry about

the past. But if the judge has moved beyond his past, I think we should

all try to do the same."

National Review (Byron York)

The attacks on Pickering on the issue of race have genuinely baffled his

defenders. They cite many actions on the issue of civil rights that

REV_00105404

contradict the description of Pickering as "insensitive or even hostile to

key principles and remedies that now safeguard civil rights." For example,it is widely known that in 1967, as a county prosecutor, Pickeringtestified against Sam Bowers, an Imperial Wizard of the Ku Klux Klan, in a

case in which Bowers was accused of firebombing the home of a civil—rightsworker. According to a letter written on Pickering's behalf by Charles

Evers, brother of murdered civil—rights activist Medgar Evers, "In 1967,

many locally elected prosecutors in Mississippi looked the other way when

faced with allegations of violence against African—Americans and those who

supported our struggle for equal treatment under the law. Judge Pickeringwas a locally elected prosecutor who took the stand that year and

testified in the criminal trial against the Imperial Wizard of the Ku Klux

Klan, who was accused of firebombing a civil rights activist. Judge

Pickering later lost his bid for reelection because he dared to defy the

Klan, but he gained my respect and the respect of many others as a man who

stands up for what is right."The Klan case, although 35 years ago, stands out in many memories.

"Pickering is not perfect*

no one is * but he has courage," Johnny Magee,a black city councilman in Laurel, Mississippi, recently told Legal Times.

"He was involved as a county prosecutor in fighting against the Ku Klux

Klan and helped put Klansmen behind bars. That was something you justdidn't do in Jones County in the I960s."

And Pickering's defenders cite more than just one case. Pickering hired

black staffers when few other Republicans or Democrats in Mississippi did.

As a private lawyer he defended a young black man accused of robbing a

young white woman in a rural grocery store, then stuck with the case

through two trials, and finally won the young man's acquittal. He pushedthe chancellor of the University of Mississippi to establish the Institute

of Racial Reconciliation and then served on its board of directors. And he

built a reputation for fairness. Johnny Magee told Legal Times that his

stepson, convicted of drug charges, came before Pickering for sentencing.

Magee told the paper that his stepson "is currently serving time, and he

deserves it. But Pickering dealt with him completely fairly."

REV_00105405

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Ashley Snee/WHO/EOP@EOP [ WHO ] <Ash|ey Snee>

Sent: 1/8/2003 8:50:34 AM

Subject: : Feb. 7 story from Miss paper that explains Sov Commission




CREATION DATE/TIME: 8-JAN-2003 l3:50:34.00

SUBJECTzz Feb. 7 story from Miss paper that explains Sov Commission

TOzAshley Snee ( CN=Ashley Snee/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN


The story came from the late I960s in Laurel, where Klansmen were

"throwing sticks of dynamite like they were firecrackers" to preserve

segregation in South Mississippi. Now a semi—retired Jackson lawyer, W.O.

"Chet" Dillard was Jones County's district attorney then, and he faced a

time—consuming and hair—raising challenge: finding the culprits behind

several civil rights murders that had made his area infamous throughoutthe South.

"I was deathly afraid," Dillard said of the night in 1967 when he was

supposed to meet a Ku Klux Klan informant in a Laurel shopping center's

parking lot. "So Charles borrowed a pistol from the FBI and waited across

the street in the upstairs part of a funeral home. . . . He was going to

start shooting if I flashed my headlights three times." The "Charles" of

the story is Charles Willis Pickering Sr., then county attorney for Jones

County. Today, Pickering is a 64-year-old federal judge trying to refute

liberal groups' allegations that his legal career "does not demonstrate an

affirmative commitment to civil rights protections."

Whether the judge was a friend or enemy of civil rights in the l960s will

be one of the questions reviewed at 2 p.m. today by the Senate Judiciary

Committee, which is considering President Bush's nomination of Pickeringto the 5th U.S. Circuit Court of Appeals.

The judge, whose jurisdiction now covers the Coast, will be making his

second appearance before the committee. Watching will be a host of

Washington politicos who view Pickering's nomination as the first clash

between Bush and Congress over judicial appointments.

And senators and representatives from Mississippi, some with personal as

well as political interests in the nomination, will be paying attention,

too.

Fight against the Klan

Dillard, for one, said he hopes the committee gets to hear about the nighthe met the Klan informant with Pickering.

"He was there with me ready to shoot a bunch of Kluckers," said Dillard,

employing the slang term that some Southern lawmen used to refer to

Klansmen in the 1960s. "They're going to have to find something other than

civil rights to hang on Charles. He was more liberal than me, and I was

working to bring down the Klan!"

Still, Democrats have seized on the Pickering nomination as an opportunityto portray Bush nominees as right—wing extremists far from mainstream

public opinion on issues such as race, abortion and the role of religionin public life.

A strong opponent of abortion, Pickering has drawn brickbats from the left

for his role in shaping the Republican Party's anti—abortion platform in

1976, as well as statements he made as president of the Mississippi

REV_00105874

Baptist Convention in the 1980s that divorce was to blame for some social

problems.

But racial issues were the most prominent concerns of the CongressionalBlack Caucus members who held a press conference Wednesday to announce

their opposition to Pickering.

The Black Caucus members cited Pickering's examination of laws banninginterracial marriage in a 1959 law review article, in which he wrote that

the Mississippi Legislature should amend the wording of the ban "if it is

to serve the purpose that the Legislature undoubtedly intended it to

serve." They also decried Pickering's contact in the early 1970s with the

Mississippi Sovereignty Commission, a state-funded agency set up to

undermine the civil rights movement. In a 1972 letter to the commission,the judge, then a state senator, asked to be informed of the activities of

a labor group working to organize pulpwood workers in Jones County.

Rep. Thompson lashes out

The strongest denunciation of Pickering came from U.S. Rep. Bennie

Thompson, a Democrat from Bolton who compared black Mississippians who are

in Washington lobbying for the judge to Judas, the disciple who betrayedJesus Christ.

"Judge Pickering has been an enemy of civil rights since his days in law

school," said Thompson, referring to his article on miscegenation.

Thompson's comments aroused the ire of Republicans and conservatives who

are pushing for Pickering's confirmation by Presidents Day.

"That's just horrid," said Kay Daly, spokesman for the Coalition for a

Fair Judiciary, a conservative Washington organization that favors

Pickering‘s nomination. "I guess if you're not in lockstep with the

Congressional Black Caucus, then you're an enemy of civil rights for black

people."

Daly's group defends Pickering by highlighting his anti-Klan activity in

the 1960s. Pickering testified against Sam Bowers, a notorious Mississippi

Klansman, in 1967 during Bowers' first trial for killing civil rightsleader Vernon Dahmer. Bowers was convicted of the murder in a later trial

in 1998.

Republicans also say that Pickering asked the Sovereignty Commission for

information on labor activities in South Mississippi because of the

pro—Klan bent of one union in Jones County, which he represented from 1972

until 1980 in the state Legislature.

"Union members who were also members of the KKK shot into and burned homes

in the middle of the night and brutally beat up workers," Dillard wrote in

a letter to the Judiciary Committee. "As a state senator representingJones County, Charles Pickering had every right to be concerned about

further union violence . . . in Jones County."

'Politics at its worst'

U.S. Sen. Thad Cochran, R—Miss., said Pickering's personal and legalrecords demonstrate his competence.

"I think he would be totally fair to everyone," Cochran said. "He has

demonstrated his exceptional capabilities as a U.S. District Court judge,and he deserves this promotion."

Senate Minority Leader Trent Lott, a Pascagoula Republican and longtimefriend of Pickering, has called on his colleagues to confirm Pickering byPresidents Day. Last month, Lott said liberals were trying to take "a

snooker shot" at him by holding up Pickering.

And the Mississippi Republican perhaps closest to Pickering—— his son,

U.S. Rep. Chip Pickering—— called the Congressional Black Caucus' attack

REV_00105875

on his father "politics at its worst."

"Bennie Thompson is trying to extort a commitment for who the next federal

judge from Mississippi is going to be, and he's holding my father

hostage," the younger Pickering said. "He's impugning the record of a goodman with a 40—year record of fighting the Klan, standing up to racists,

pushing for racial reconciliation."

Neither Thompson nor Pickering would predict the outcome of the judge'sconfirmation battle.

"It's going to be close," Thompson said. "It could be 10—9 or 9—10 in

favor or against on the committee. It's going to be real tight."

——Ben Bryant is The Sun Herald's Washington correspondent with Medill News

Service.

REV_00105876


Sent: 1/9/2003 8:18:54 AM

Subject: : Pickering





SUBJECTzz Pickering


READZUNKNOWN


per my request of last night——

they should send more today.—————————————————————— Forwarded by Brett M. Kavanaugh/WHO/EOP on

01/09/2003 01:22 PM ———————————————————————————

"Charnes, Adam" <[email protected]>01/09/2003 10:00:52 AM

Record Type: Record

To: "Benedi, Lizette D" <[email protected]>, "Benczkowski, Brian

A" <[email protected]>cc: Brett M. Kavanaugh/WHO/EOP@EOP

Subject: Pickering

Can one of you call Brett to get the WH some materials? Thanks.

REV_00106004

From: CN=Heather Vanate/OU=WHO/O=EOP [ WHO ]To: Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>Sent: 1/22/2003 8:14:28 AM

Subject: : Ben Nighthorse Campbell



CREATORzHeather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIME122—JAN—2003 13:14:28.00

SUBJECTzz Ben Nighthorse Campbell

TOzBrett M. Kavanaugh ( CN=Brett M. Kavanaugh/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN


Ginnie Kotnick (Ben Nighthorse Campbell's COS) will be in town next week

(she's based in CO). She can meet w/us at 2pm on Wed., Jan 29th to talk

Owen/Pickering. Does that work for you? HW

REV_00106940

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Ashley Snee/WHO/EOP@Exchange@EOP [ WHO ] <Ash|ey Snee>;Heather Vanate/WHO

/EOP@EOP [WHO] <Heather Vanate>Sent: 1/23/2003 7:23:48 AM

Subject: : current draft of op—ed




CREATION DATE/TIMEz23-JAN-2003 12:23:48.00

SUBJECTzz current draft of op—ed

TOzAshley Snee ( CN=Ashley Snee/OU=WHO/O=EOP@Exchange@EOP [ WHO ] )

READzUNKNOWN


READ : UNKNOWN


Confirm Judge Pickering

by Alberto R. Gonzales

The controversy over President Bush's nomination of Judge Charles

Pickering to the U.S. Court of Appeals for the Fifth Circuit, and the

recent threats by some Senators to filibuster to prevent an up-or-downSenate vote, illustrate how far the judicial confirmation process has

degenerated. Judge Pickering is well—qualified, he should receive an

up-or-down Senate vote (as should all judicial nominees), and he should be

confirmed.

In 1990, the Senate confirmed Judge Pickering unanimously to be a federal

district judge, and he has served with distinction since then. He

previously worked in private practice and as a county prosecutor, city

judge, and state legislator. He graduated first in his law school class.

He has been extraordinarily active in community service activities. The

American Bar Association rated him &well—qualified.8 And he has very

strong bipartisan support, including from Democrat Governor Musgrove,Democrat Attorney General Moore, Clinton Administration Assistant AttorneyGeneral Frank Hunger, and 18 past Presidents of the state bar, among many

others.

While sometimes cloaked in other language, the opposition to Judge

Pickering has boiled down to a single allegation: that he has demonstrated

racial insensitivity during his life. That is a serious charge; indeed,

no allegation with respect to a prospective judicial nominee is taken more

seriously by President Bush. But the allegation does not square with

Judge Pickering,s record, both professional and personal. Judge Pickeringhas a long record of advancing racial harmony and progress in

Mississippi. His efforts began in the l960,s and have continued to the

present. As Charles Evers, the brother of slain Mississippi civil rightsleader Medgar Evers, stated, Judge Pickering &was standing up for blacks

in Mississippi when no other white man would.8 An account of these

efforts demonstrates that the attacks against Judge Pickering have been

ill-informed.

In the l960,s, Judge Pickering was a county prosecutor in Mississippi who

aggressively investigated and prosecuted the Ku Klux Klan. Charles

Harrison, the first African—American police officer in the Laurel,

Mississippi, police department, explained what this effort entailed: &

Charles Pickering worked with the FBI to investigate and prosecute violent

KKK members. He put his, his wife,s, and his children,s lives at risk by

doing this.8 And as a direct result, Judge Pickering lost his re—election

as county attorney. Chet Dillard, who was a Mississippi District Attorneyat the time, stated: &Charles has always stood tall for justice when very

few people would make a stand at all.8

In the l960,s and l970,s, Judge Pickering sent his children to

REV_00107104

majority—black public schools in Mississippi. He explained: &My young

daughters ) the first year that they paired schools, which meant that theywould be going to a majority—black school; it was a previously all—black

school ) they went to the previously black school and that is where they

got their education. We stayed with the public schools. We helped

integrate the public schools.8

In 1971, Judge Pickering ran for state senate and received two—thirds of

the African—American vote. Then in 1976, soon after he became chair of

the state Republican Party, Judge Pickering hired the state party,s first

African—American staffer, James King. Mr. King has stated that Judge

Pickering was a &mentor8 and added: &I have known Judge Pickering for 25

years and can and do state without hesitation that he is a man of greatmorals and principles and I have found him to be completely void of racism

in his approach to dealing with issues of race.8

In 1981, as a private lawyer, Judge Pickering defended an African—American

man accused of robbing a white woman at knifepoint. The defendant,s

father stated that &Judge Pickering believed that my son was entitled to a

good defense even though it was not a popular move for him politically.8

In 1983, while Judge Pickering was President of the Mississippi Baptists,the Southern Baptist Convention invited an African—American pastor to

speak at the convention for the first time. And in the late 1980,s, when

an African—American was denied admission to a fraternity that Judge

Pickering had belonged to, Judge Pickering discussed the matter with his

son (Congressman Pickering), who flew down from Washington, addressed the

chapter, and integrated it.

Judge Pickering,s efforts have continued to this day. In 1988 and 1989,

Judge Pickering chaired a bi—racial, bipartisan commission in Jones Countythat was formed to advance race relations. In 1998, Judge Pickeringbecame a member of the University of Mississippi Institute for Racial

Recononciliation and later served on the board. And Judge Pickeringauthored a 1999 article entitled &Racial Harmony Requires Commitment.8

Based on this extensive record, numerous people ) black and white,

Republican and Democrat ) have written letters of support that debunk the

Washington-based criticism of Judge Pickering. The former president of

the NAACP in Forrest County (who also has served as a state coordinator

for Rev. Jackson,s Rainbow Coalition) wrote that Judge Pickering has been

a &major bridge builder8 and has &developed platforms that have eased

racial tensions.8 Former Democrat Governor Winter wrote that Judge

Pickering &has been one of this state,s most dedicated and effective

voices for breaking down racial barriers.8 Johnny Dupree, the

African—American Mayor of Hattiesburg, wrote that &Judge Pickering is a

model citizen8 and &has received much praise from local and state African

American leaders who can attest to his commitment to being fair toward all

citizens.8 Judge Damon Keith, one of the country,s leading appeals court

judges and an African—American appointee of President Carter, wrote that

he was &absolutely convinced that Judge Pickering,s entire life has been

dedicated to the principle spelled out in the Declaration of Independencethat says all men are created egual.8 Finally, Frank Hunger, who was

Assistant Attorney General under President Clinton and is Al Gore,s

brother—in—law, wrote: &I have known Judge Pickering for nearly thirty

years and have the utmost respect for him as a fairiminded judge who would

never knowingly do anything improper or unethical. He is a person of

great integrity, strong moral character, courage and compassion who treats

all who come before him in a fair and dignified way. . . I think it most

regrettable that his nomination has become controversial.8

Opponents have ignored this record and support and instead seized on two

main issues to try to demonize Judge Pickering. First, Judge Pickeringwrote a student paper in 1959 that analyzed Mississippi,s law againstinter-racial marriage (nearly two dozen states had such laws in force

before the Supreme Court declared them unconstitutional in 1967). The

article analyzes the law, but does not take a moral position on it, and

critics have seized on the lack of criticism to attack Judge Pickering.

REV_00107105

The law was reprehensible and warrants explicit condemnation, as Judge

Pickering himself has explained. The 1959 student analysis does not

negate Judge Pickering,s extensive 40—year history of promoting racial

harmony and progress for African—Americans in which he has worked to

integrate his state, his church, his public schools, his fraternity, and

his dinner table.

Second, some have pointed to Judge Pickering,s actions in a cross—burningcase in 1994, arguing that he was lenient in sentencing a convicted

cross-burner. That allegation is a gross distortion. Four facts bear

emphasis. First, there were three defendants involved, and the

prosecutors inexplicably allowed two (including the ringleader) to plead

guilty with no prison time. Second, Judge Pickering sentenced the third

defendant to 27 months, imprisonment, which was more prison time than the

Justice Department had offered this defendant in plea bargain

negotiations; moreover, the Justice Department did not appeal the

sentencing decision. Third, Judge Pickering expressed concern about the

inequitable sentences imposed on the three defendants (he has expressedsimilar concerns in other cases), which stemmed from the fact that the

prosecutors had allowed the ringleader of the incident to plead guiltywith no prison time. Fourth, and most important for present purposes,

there is no doubt that Judge Pickering believed the crime reprehensible.At the sentencing hearings, Judge Pickering stated the following: &This

is conduct that is reprehensible. It cannot, it will not be tolerated

You are going to the penitentiary because of what you did. And it is

an area that we have got to stamp out, that we have got to learn to live

races among each other. And the type of conduct that you exhibited cannot

and will not be tolerated. You did that which does hinder good race

relations and was a despicable act. I would suggest to you that duringthe time that you are in the prison that you do some reading on race

relations.8

Judge Pickering is, as the American Bar Association concluded,

well qualified. His record should be debated and analyzed fairly, he

should receive an up—or—down Senate vote, and he should be confirmed.

REV_00107106

From: Kavanaugh, Brett M.

To: <Snee, Ashley>Sent: 1/27/2003 9:12:48 AM

Subject: op-ed in Boston Globe today re Pickering

Any luck on submitting Judge's op—ed? We just continue to take it -- without any meaningful Administration response.

Questionable judges

1/27/2003

T'S A NEW year, but President Bush is backing outdated federal judges.

Now that Republicans control the Senate, there's a good chance Bush can push his nominees through. But in

some cases this would be unfortunate match-making. The last two elections suggest that many voters have

marched to the middle of the road. Federal judges should reflect this moderate mind-set.

Instead, Bush is nominating political lightning rods. Among them is US District Judge Charles Pickering of

Mississippi, whose nomination was defeated last year by Democrats on the Senate Judiciary Committee.

Pickering has been criticized for his efforts to reduce the sentence of a convicted cross-burner. He has the

support of Trent Lott, the former Republican leader in the Senate and a fellow Mississippian, but that has left

Pickering smudged by Lott's praise of Strom Thurmond's segregationist run for the presidency in 1948. And

Pickering has a record of dismissing employment discrimination cases without holding trials.

In a review, the American Bar Association found Pickering well qualified to be a judge. But the bar doesn't

measure the importance of symbols. Pickering isn't the best person to reassure the country that the federal courts

care about protecting hard-won social progress on workers' and civil rights.

The Senate Judiciary Committee - and, in turn, the full Senate - should scrutinize the records of Pickering and

other nominees with a simple question in mind: Does this candidate fit the needs of the times?

Care must be taken. Some say Pickering is a stalking-horse, that Republicans will sacrifice his nomination hopingto draw opposition away from other conservative nominees who are younger and would likely spend far more

time on the bench than Pickering, who is 65.

This group includes Judge Priscilla Owen of the Texas Supreme Court, who has been nominated to the Fifth

Circuit Court of Appeals. She has been described as being too conservative.

Senator Patrick Leahy of Vermont, former chairman of the Judiciary Committee, called Owen's record "too

extreme even in the context of the very conservative Texas Supreme Court." Leahy points to several cases when

that court's Republican majority criticized Owen for extreme dissenting opinions, including a medical malpracticecase in which she ignored precedents set by the court's earlier rulings. Owen also has a history of stretching the

law too far to block minors from getting abortions, and she has compiled a troubling record on employmentdiscrimination cases.

Bush and his allies often reassure the public about the administration's judicial nominees with platitudes about

what fine people they are. This may be true.

The Senate must be tougher in its scrutiny. These nominees should have a proven ability to protect and promote

REV_00107461

the progress of justice in America.

REV_00107462

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Heather Wingate/WHO/EOP@Exchange@EOP [ WHO ] <Heather Wingate>CC: Ashley Snee/WHO/EOP@Exchange@EOP [ WHO ] <Ash|ey Snee>

Sent: 1/28/2003 7:47:37 AM

Subject: : updates




CREATION DATE/TIMEz28—JAN—2003 12:47:37.00

SUBJECTzz updatesTOzHeather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP@Exchange@EOP [ WHO ] )

READzUNKNOWN

CC:Ashley Snee ( CN=Ashley Snee/OU=WHO/O=EOP@Exchange@EOP [ WHO ] )

READzUNKNOWN


We need to cancel the 2:00 with Campbell staff tomorrow, I assume, because

of RPC?

Judge Gonzales update1. He has signed the thank yous to the 10 Judiciary, Frist, McConnell,

and Santorum. I took them back in to him so he could add handwritten

notes at bottom.

2. He is calling Pryor today re Leon Holmes.

3. He is calling Specter today or tomorrow re PA judges.4. He has RPC on his schedule for tomorrow.

On my end:

1. Producing binders today with paralegal; will be ready for deliveryfirst thing in a.m.; will likely need Leg Affairs to deliver if possible2. Need to get you draft letter from Frist and Hatch to President re plan3. Owe you the binders on Owen and Pickering for Collins and Chafee staff

4. I will be there at RPC tomorrow and after

5. Waiting on Ashley for word on Pickering op—ed; she is checking with

Dan

6. Preparing letters for Judge (i) to Leahy and Hatch re consultation,

(ii) to Schumer re Pickering, and (iii) to Gephardt re Ronnie White

REV_00107677

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>Sent: 2/1/2003 1:32:13 PM

Subject:'




CREATION DATE/TIME: l-FEB-2003 l8 :32 : l3 . 00

SUBJECT::


READ 2 UNKNOWN


Interesting and probably accurate analysis of Pickering issue in

Mississippi paper.

Capitol Hill fight over Pickering about abortion

It's about abortion, not race.

While the noise about the nomination and eventual renomination of

Mississippi U.S. District Judge Charles Pickering to the 5th U.S. Circuit

Court of Appeals has been primarily about race, that's not the real reason

liberal senators from the West Coast and the Northeast oppose him.

Based on his status as an evangelical Christian and former president of

the Mississippi Baptist Convention, national liberal opposition to

Pickering is about his stance * at least the perception of his stance *on

abortion. That's why the Ted Kennedys and the Hillary Clintons in the

Senate and the rest of the Democratic Party's pro—choice lobby won't stop

talking about race when they mention Pickering's nomination.

Playing the race card on Pickering is an easy play indeed for the

pro—choice lobby. Pickering's a Mississippian, a Friend of Trent, a

born—again Christian and once wrote a paper examining the state's

interracial marriage laws. Oh, yes, and he once questioned Al Gore's

brother—in—law about the fairness of federal sentencing guidelines in a

cross—burning case in which the least guilty defendant seemed to be

getting the lion's share of the punishment.In America today, that's apparently enough to get one branded a racist.

Forget the fact that Pickering battled the Ku Klux Klan in the bad old

days, forget that he was pro—active in helping to lead state efforts at

racial reconciliation, forget all of that.

The usual suspectsThe pro—choice lobby has Pickering in its sights. It's easier to demonize

someone on a false charge of racism than it is to deal forthrightly with

the fact that Republicans and Democrats don't agree on the abortion issue.

The New York Times, in parroting U.S. Sen. Charles Schumer's recent

attacks on the Bush administration's judicial nominees that include

Pickering, recently claimed that the right to legal abortions in America

was in "dire peril." Indeed, when Democrats controlled the Senate two

other Bush judicial nominees were rejected based on the abortion issue.

The pattern is clear.

Senate Democrats said Texas Judge Priscilla Owen had been an anti—abortion

judicial activist whose opinions and rulings were overly influenced by her

personal beliefs. Utah law professor Michael McConnell * another Bush

nominee to the 10th U.S. Circuit Court of Appeals*

was pounded by Senate

Democrats for his anti—abortion advocacy and conservative views.

NARAL defines debate

Don't think abortion is the root of Pickering's troubles? Here's what the

National Abortion and Reproductive Rights Action League has to say on the

question in a Web-posted "fact" sheet:

"Currently, the 5th Circuit has a nine—to—five majority of

Republican—nominated judges.

"Upon confirmation of three pending Bush nominees, this court will consist

of 12 Republican and five Democratic appointees. The seven—seat majority

REV_00108376

for Republican—nominated judges will affect the balance literally for

decades.

"Ultra—conservative nominees to the 5th Circuit will do far more harm than

on other circuit courts that are closer to philosophical parity," the

group said.

In Pickering's case, false charges of racism is the handle pro—choiceforces are using to pick up the suitcase of their opposition to the judgeon grounds of his religion and stance on abortion.

Apparently, conservative judges should keep their pro—life "personalbeliefs" out of judicial decisions. One has to wonder, however, if a

judge's pro—choice "personal beliefs" are an equal constitutional dangerin the minds of Senate Democrats. Doubtful.

REV_00108377

From: Kavanaugh, Brett M.

To: <Gonza|es, Alberto R.>;<Leitoh, David G.>

Sent: 5/7/2003 11:40:13 PM

Subject: Fw: IMPORTANT PICKERING ARTICLE

Attachments: att1.htm

Good news.

----- Original Message -----

From:

To:Brett M. Kavanaugh/WHO/EOP@EOP,

1

Tim Goeglein/WHO/EO P@EOP,

Cc:

Date: 05/07/2003 04:04:00 PM

Subject: IMPORTANT PICKERING ARTICLE

Miss. Rep. Changes Mind on Bush Judge Pick

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REV_00117298

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Supreme Court - AP

REV_00117299

Miss. Rep. Changes Mind on Bush Judge Pick

43 minutes ago

JACKSON, Miss. - The head of the Mississippi Legislative Black Caucus says he no longer opposes U.S. District JudgeCharles Pickering's appeals court nomination - a surprising turnabout that could cost him his position.

State Rep. Phillip West, a Democrat, said in a Tuesday statement that he was speaking only for himself and not for the full

caucus. The 45-member caucus has vigorously opposed Pickering's nomination to the 5th US. Circuit Court of Appeals (news <httD://us.rd.Vahoo.com/DaiIVNews/manua|/*httD://search.news.vahoo.com/search

/news?p=%22U.S.%ZOCircuit%20Court%200f%20ADpeaIs%22&c=&n=20&vn=c&c=news&cs=nw> - web

<httD://us.rd.vahoo.com/DaiIVNews/manua|/*httD://search.vahoo.com/bin/search?cs=nw&

D=U.S.%20Circuit%20Court%200f%20Appeals> sites).

Pickering, nominated to the New Orleans-based court by President Bush ( news <http://us.rd.yahoo.com/DailyNews/manual

/*http://search.news.yahoo.com/search/news?p=%22President%ZOBush%22&c=&n=20&vn=c&c=news&cs=nw> - web

<http://us.rd.vahoo.com/DailyNews/manual/*http://search.yahoo.com/search/search?p=George+W.+Bush> sites), has been

criticized by black organizations for his record on civil rights issues, including his decision to seek a lighter sentence for a

convicted cross-burner.

In February, Pickering and his son, US. Rep. Chip Pickering, R-Miss., met privately with caucus members, most of whom

had signed a petition stating their opposition to the nomination.

The judge explained how he took heat for testifying against a Ku Klux Klan imperial wizard Sam Bowers in a 1968 murder

trial.

"That struck home with me because I know that feeling," said West, who has also been active in the National Association for

the Advancement of Colored People ( news <http://us.rd.vahoo.com/DaiIVNews/manual/*httD://search.news.vahoo.com

/search/news?p=%22National%20Association%20for%20the%20Advancement%200f%20Colored%20People%22&

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/bin/search?cs=nw&p=National%20Association%20for%20the%20Advancement%200f%20Colored%20People> sites). "I

have been ostracized and shunned by both blacks and whites and characterized as a racist myself."

West said he waited to take a public stance on the Pickering nomination because he wanted to persuade the caucus to dropits opposition. When the caucus didn't act, he said, he issued his own statement.

"It left me with the opportunity and the right to express my opinion," West said Wednesday.

REV_00117300

Chip Pickering said the US. Senate Judiciary Committee ( news <http://us.rd.yahoo.com/DailyNews/manual/*http:

//search.news.vahoo.com/search/news?b=%22Judiciarv%20C0mmittee%22&c=&n=20&vn=c&c=news&cs=nw> - web

<http://us.rd.yahoo.com/DailyNews/manua|/*http://search.yahoo.com/bin/search?cs=nw&p=Judiciarv%ZOCommittee> sites)

hearing on his father‘s nomination is tentatively scheduled for next Wednesday, and he is confident his father will survive the

committee's vote.

The younger Pickering was not sure, however, that there are enough votes in the full Senate to break a filibuster byDemocrats.

Bush renominated Charles Pickering this year after opposition from key Democrats derailed the nomination a year ago. The

Republicans took back control of the Senate this year.

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REV_00117301

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u=/ap/20030507/ap on do su co/pickerinq nomination&e=1&ncid=> Rep. Changes Mind on Bush Judge Pick (AP)

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REV_00117302

From: CN=Wendy J. Grubbs/OU=WHO/O=EOP@Exchange [ WHO ]To: Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>Sent: 5/8/2003 11:46:30 AM

Subject: : RE: I asked for the Pickering package they are distributing



CREATORzWendy J. Grubbs ( CN=Wendy J. Grubbs/OU=WHO/O=EOP@Exchange [ WHO ] )

CREATION DATE/TIME: 8-MAY-2003 l5:46:30.00

SUBJECTzz RE: I asked for the Pickering package they are distributingTOzBrett M. Kavanaugh ( CN=Brett M. Kavanaugh/OU=WHO/O=EOP@EOP [ WHO ] )

READZUNKNOWN


The pickering team. Chip, Chip's COS and whoever else they are using. You

should know them(hehe

—————

Original Message—————From: Kavanaugh, Brett M.

Sent: Thursday, May 08, 2003 3:44 PM

To: Grubbs, Wendy J.

Subject: Re: I asked for the Pickering package they are

distributing

who is "they"I

From: Wendy J. Grubbs/WHO/EOP@Exchange on 05/08/2003 03:44:23 PM

Record Type: Record

To: Brett M. Kavanaugh/WHO/EOP@EOPcc:

Subject: I asked for the Pickering package they are distributing

and I am sending it your way to review. We should do a notebook if

anything is distributed, right?

REV_00117598

From: CN=E|izabeth N. Camp/OU=WHO/O=EOP [ WHO ]To: Heather Wingate/WHO/EOP@EOP [ WHO ] <Heather Wingate>;Brett M. Kavanaugh/WHO

/EOP@EOP [WHO] <Brett M. Kavanaugh>;Brent D. Greenfield/WHO/EOP@EOP [WHO ]<Brent D. Greenfie|d>

Sent: 3/4/2002 9:40:19 AM

Subject: : OEOB 474 is reserved from 9:30am-12:00 N on Wedenesday for Pickering events



CREATORzElizabeth N. Camp ( CN=Elizabeth N. Camp/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIME: 4—MAR—2002 14:40:19.00

SUBJECTzz OEOB 474 is reserved from 9:30am—12zDO N on Wedenesday for Pickering events


READzUNKNOWN


READzUNKNOWN

TOzBrent D. Greenfield ( CN=Brent D. Greenfield/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


Brent— I may need you to make sure it is set up properly the day of.

Brett- I have requested 20 Chairs, a podium and no tables. Let me know if

we need tables.

Thanks!

REV_00141317

From: CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ]To: Karl C. Rove/WHO/EOP@EOP [WHO] <Kar| C. Rove>;Timothy E. FIanigan/WHO/EOP@EOP [

WHO ] <Timothy E. FIanigan>;Bradford A. Berenson/WHO/EOP@EOP [ WHO ] <Bradford A.

Berenson>;Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>;Heather

Wingate/WHO/EOP@EOP [ WHO ] <Heather Wingate>CC: Lezlee J. Westine/WHO/EOP@EOP [ WHO ] <Lez|ee J. Westine>;Matthew E. Smith/WHO

/EOP@EOP [WHO] <Matthew E. Smith>

Sent: 2/5/2002 2:43:18 AM

Subject: : fcfnnn020502 Inside: John Nowacki's Commentary: The Left Targe ts Pickering.Again



CREATORzTim Goeglein ( CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIME: 5-FEB-2002 07:43:18.00

SUBJECTzz fcfnnn020502 Inside: John Nowacki‘s Commentary: The Left Targe ts Pickering.AgainTOzKarl C. Rove ( CN=Karl C. Rove/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

CCzLeZlee J. Westine ( CN=LeZlee J. Westine/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

CC:Matthew E. Smith ( CN=MattheW E. Smith/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


fyi

warmly

tsg

—————————————————————— Forwarded by Tim Goeglein/WHO/EOP on 02/05/2002

07:42 AM ———————————————————————————

Notable News Now <[email protected]>02/04/2002 09:56:24 PM

Record Type: Record

To: Tim Goeglein/WHO/EOP@EOPcc:

Subject: fcfnnn020502 Inside: John Nowacki's Commentary: The Left Targets Pickering.Again

Free Congress Foundation's

Notable News Now

February 5, 2002

The Free Congress CommentaryThe Left Targets Pickering...Again

By John Nowacki

As Judge Charles Pickering's October 18th nomination hearing began, Senator

Charles Schumer took the unusual step of announcing that there would be a

second nomination hearing for Judge Pickering. Second hearings are usually

REV_00090258

reserved for extremely controversial nominees whose answers at their

initial

hearing raise more questions. In Pickering's case, Senate Democrats and

left—wing groups knew they would want a second shot at attacking the

nominee, since they couldn't come up with any credible charges against him

the first time around. With that second hearing scheduled for this

Thursday, they still haven't.

Pickering, a federal district judge since 1990, was nominated by President

Bush to be U.S. Circuit Judge for the Fifth Circuit on May 25, 2001. For

those who are interested in such things, the not—remotely—conservativeAmerican Bar Association gave him a majority "well—qualified"/minority

"qualified" rating six months ago.

The attacks on Judge Pickering center on race—related civil rights issues,

in spite of his exemplary record. The Left conveniently chooses to ignorethat he testified against the Imperial Wizard of the KKK in Mississippi in

1967, is on the board of directors of the University of Mississippi'sInstitute for Racial Reconciliation, and has broad support among

African—Americans who know him well.

Instead, left—wing groups have attacked Judge Pickering for writing a brief

academic article while a law student in 1959, analyzing how Mississippi's

miscegenation statute differed from similar statutes in other states and

explaining what changes would eliminate the difference. His critics fail

to

mention that this was an academic exercise; that he didn't advocate or

support a ban on interracial marriage at all. They also fail to

acknowledgehis statement at his 1990 confirmation hearing, reaffirmed at his 2001

hearing: "Marriage between people of different races is a matter of

personal

choice," he said, adding that it was his personal belief that miscegenationstatutes are unconstitutional.

Those are more than just words; on the bench, Judge Pickering has followed

the Supreme Court's precedent and application of the Equal Protection

Clause. In Adams v. Walmart, for example, Judge Pickering set aside a

jury's damages award because he believed the jury was biased against the

plaintiffs——

a white man and his Asian fianc?e —— based on their

mixed—race

relationship. On retrial as to damages, the couple received a largeraward.

Liberals have also attacked Judge Pickering for "contacts" with the

Mississippi Sovereignty Commission, a group active in the 50s and 60s but

basically defunct by the 70s. During his 1990 confirmation hearing,

Pickering had no recollection of contacting the Commission, and said: "I

never had any contact with that agency and I had disagreement with the

purposes and the methods and some of the approaches that they took."

Pickering did have one contact with the Commission in 1972, but not

surprisingly, the Left ignores the real reasons for that contact and

Pickering‘s having forgotten it.

As Chet Dillard, a prosecutor during the 1960s with firsthand knowledge of

the matter, explained in a letter to Senators Leahy and Hatch, theniState

Senator Pickering was in a group of state legislators who requested to be

advised about a group organizing pulpwood workers in the state. In 1972,

Jones County was just emerging from a bitter labor dispute at a plant where

union members who were also members of the KKK shot into and burned homes

in

the middle of the night and brutally beat up workers.

"As the former District Attorney of Jones County, Mississippi, I knew what

Charles Pickering had known in 1972," Dillard wrote. "Indeed, in 1967, I

filed a murder charge against reputed Klansman Vander L. 'Dubie' Lee, a

member of the Woodworkers Union, for a murder at the Masonite plant in

Jones

REV_00090259

County. As a state Senator representing Jones County, Charles Pickeringhad

every reason to be concerned about further union violence involving the

Masonite plant in Jones County.

Dillard addressed Pickering's having forgotten the request as well. "As

any

long—time resident of Mississippi knows, the mention of the SovereigntyCommission instantly brings to mind its high—profile investigations in the

1950s and 1960s. Thus, by 1990, Charles Pickering could easily have

forgotten a 1972 conversation with a Commission investigator that occurred

years after the Commission's heyday and involved no high—profile Commission

activity," he wrote.

Where did the initial information on this issue come from? The

Commission's

files, which Pickering had actually fought to preserve. While a state

senator, Pickering voted to shut down the Commission in 1977 and preserve

the records under seal instead of supporting the other proposedalternative:

burning them. But his Left—wing critics always seem to forget to mention

that.

Pickering has come under attack from pro—abortion groups for his actions as

a political figure, many years before he became a judge. While in the

state

senate, he expressed his concerns that there was no textual or historical

basis for Roe v. Wade, an opinion shared by many liberals, includingJustice

Byron White (a Kennedy appointee), Watergate prosecutor Archibald Cox, and

others. Pickering has not dealt with an abortion case as a judge.

Judge Pickering's critics also attack him for having "criticized or soughtto limit important remedies provided by the Voting Rights Act," includingthe creation of majority black districts. In the relevant quote, what

Judge

Pickering actually wrote (in its entirety) was as follows:

"This Court is still concerned that as white voters are separated into

separate districts and black voters are separated into other separatedistricts there is going to be less and less accommodation, less and less

effort to resolve differences by reason and logic and more and more

polarization. Candidates elected in majority black districts may well feel

little need to accommodate the views of their minority white constituents,

and candidates elected from almost exclusively white districts may well

feel

little responsibility to accommodate the views of their minority black

constituents. Constitutional guarantees of equality should bring us

together, not divide us."

In his rulings from the bench, Judge Pickering has shown he understands

that

the role of a judge is to interpret the law, not to legislate from the

bench. He has followed Supreme Court precedent in voting rights and

Miranda

cases, and has demonstrated a commitment to being fair, impartial, and

dedicated to following the law.

That commitment led the Democrat-controlled Judiciary Committee to approve

him unanimously in 1990, with Senators Biden, Kennedy, Leahy, and Kohl

giving their approval. And that's why the full Senate confirmed him byunanimous consent shortly thereafter. That same commitment, with his

record

as a federal judge to support it, should lead to that same support today.But it won't.

Liberals have made it clear that they will fight hard over Court of Appeals

nominations, and they are going all—out to block Judge Pickering's

REV_00090260

nomination. And by attempting to smear his reputation, they've shown once

more that they will go to any lengths to do it.

Left—wingers are counting on people listening to their charges without

taking a closer look. But the facts show that Judge Pickering has been a

supporter of civil rights for five decades, both on the bench and off, and

that's why Senators should have no reservations about voting for his

confirmation.

John Nowacki is deputy director of the Free Congress Foundation's Judicial

Selection Monitoring Project.

For media inquiries, contact Steve Lilienthal [email protected]

For other questions or comments, or to unsubscribe contact Notable News Now

at [email protected]

Visit Our Website at: http://www.FreeCongress.org

This publication is a service of the Free Congress Research and Education

Foundation, Inc. (FCF) and does not necessarily reflect the views of the

Free Congress Foundation nor is it an attempt to aid or hinder the passage

of any bill.

Free Congress Foundation * 7l7 Second Street, NE *

Washington, DC 20002 *

Phone: 202.546.3000 // Fax: 202.544.2819

Project Manager: Angela Wheeler

Copyright C 2002 Free Congress Foundation - All Rights Reserved.

REV_00090261

From: CN=Matthew E. Smith/OU=WHO/O=EOP [ WHO ]To: Tim Goeglein/WHO/EOP [ WHO ] <Tim Goeglein>;Bradford A. Berenson/WHO/EOP@EOP [

WHO ] <Bradford A. Berenson>;Brett Kavanaugh [ WHO ] <Brett Kavanaugh>;Brent D.

Greenfield/WHO/EOP@EOP [ WHO] <Brent D. Greenfield>;Heather Vanate/WHO/EOP@EOP

[ WHO ] <Heather Wingate>Sent: 2/7/2002 1:31 :20 PM

Subject: : Naral on Pickering



CREATORzMatthew E. Smith ( CN=Matthew E. Smith/OU=WHO/O=EOP [ WHO ] )


SUBJECTzz Naral on PickeringTOzTim Goeglein ( CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN

TOzBrett Kavanaugh ( Brett Kavanaugh [ WHO ] )

READzUNKNOWN


READzUNKNOWN

TOzHeather Wingate ( CN:Heather Wingate/OU:WHO/O:EOP@EOP [ WHO ] )

READzUNKNOWN


NARAL Opposes Bush Judicial Nominee Charles PickeringU.S. Newswire

7 Feb 14:00

NARAL Opposes Bush Judicial Nominee Charles PickeringTo: National Desk

Contact: William Lutz of NARAL, 202-973-3032;

Web: http://www.naral.org or http://www.Fight4Choice.com

WASHINGTON, Feb. 7 /U.S. Newswire/ --

Following is a statement

of NARAL President Kate Michelman:

The President has the constitutional responsibility and

authority to nominate judges to the federal courts. The Senate's

advise and consent role in confirming these lifetime constitutional

appointments is of equal importance. The Court of Appeals is the

second in importance only to the Supreme Court and for most cases,

the court of last resort. The judges of the Court of Appeals are

the guardians of our freedoms and liberties. The Senate can—— and

must ——

reject nominees who are not qualified for confirmation to

this court.

NARAL does not oppose judicial nominees frequently, or lightly.But this nomination poses a basic question: should a nominee be

confirmed to the Court of Appeals who is unambiguously opposed to

Roe v. Wade and who opposes the independent role of the federal

judiciary? For NARAL, the answer is an unequivocal "no."

Moderation is a prime virtue when it comes to a judicialnominee. But Charles Pickering is no moderate. His record on

choice and other constitutional issues places him out of the

mainstream of legal thought and renders him incapable of serving as

an independent voice on this court.

It is important to focus on his record. Pickering supported a

constitutional amendment to ban abortion in the Mississippi Senate.

In fact, he has supported a number of constitutional amendments to

reverse federal court decisions he disagreed with ——

including in

the areas of separation of church and state and school

desegregation. He sponsored and supported constitutional

amendments that would limit the life tenure of the federal

REV_00090481

judiciary—— the bedrock concept that gives the federal judiciary

its independence from politics and allows judges to decide what is

right, not what is popular.

Pickering led efforts within the Republican Party to overrule

Roe v. Wade by working to implement an anti—choice plank in the

National Republican Convention Platform ——

a plank which remains to

this day, and which has injected the government into what should be

a private decision between a woman and her physician.

The right to choose is especially precarious in the Fifth

Circuit, making Pickering's selection for this court all the more

dangerous to women in Louisiana, Mississippi, and Texas.

Anti—choice forces ride strong in the politics and legislatures of

these states, and have introduced nearly 175 anti—choice laws since

1995. The Fifth Circuit Court of Appeals is where future

anti—choice laws will be struck down or sustained. It is a court

that has been hostile to the right to choose in key decisions and

can continue to do great damage to Roe by whittling down its

protections further.

Anti—abortion legislation has a greater impact on women in this

circuit than in any other. The Fifth Circuit is the home to the

highest percentage of people living at or under the poverty line.

As a result, the women who live in the Fifth Circuit are affected

more heavily by restrictive anti—abortion legislation——

they can't

afford to travel far from their homes or wait lengthy periods in

order to exercise their rights.

Individuals coming before the courts to vindicate their

constitutional rights should receive a fair hearing; they shouldn't

face a stacked deck. Charles Pickering's views and activism make it

impossible for him to serve as an independent arbiter on the issue

of choice. NARAL calls on the Senate to reject this nomination.

REV_00090482

From: CN=Matthew E. Smith/OU=WHO/O=EOP [ WHO ]To: Tim Goeglein/WHO/EOP [ WHO ] <Tim Goeglein>;Heather Vifingate/WHO/EOP@EOP [ WHO ]

<Heather Wingate>;Bradford A. Berenson/WHO/EOP@EOP [ WHO ] <Bradford A.

Berenson>;Brett Kavanaugh [ WHO ] <Brett Kavanaugh>;Brent D. Greenfield/WHO/EOP@EOP [WHO ] <Brent D. Greenfield>

Sent: 2/8/2002 6:00:56 AM

Subject: : Conservative News Service on Pickering



CREATORzMattheW E. Smith ( CN=Matthew E. Smith/OU=WHO/O=EOP [ WHO ] )


SUBJECTzz Conservative News Service on PickeringTOzTim Goeglein ( CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TOzBrent D. Greenfield ( CN:Brent D. Greenfield/OU:WHO/O:EOP@EOP [ WHO ] )

READzUNKNOWN


Democrats Blast Bush Judicial Nominee

By Susan Jones

CNSNews.com Morning Editor

February 08, 2002

(CNSNews.com)-

Republicans accuse Democrats of demonizing another one of

President Bush's

judicial appointees— U.S. District Judge Charles Pickering, who's been

asked by President Bush to

serve on the 5th U.S. Circuit Court of Appeals in New Orleans.

In an unusual move, the Senate Judiciary Committee asked Pickering to

appear for a second confirmation

hearing on Thursday. His first hearing took place in October.

At Thursday's hearing, Democrats on the Senate Judiciary Committee accused

Pickering of ethical lapsesand questioned his record on civil rights and abortion.

Liberal interest groups strenuously oppose the nomination of Pickeringbecause of his conservative

positions, and one Republican Senator accused his fellow Democrats of

serving as the mud—flingingtools of those liberal groups.

Sen. Orrin Hatch of Utah, the ranking Republican on the Senate Judiciary

Committee, said Thursday,"I am troubled by what appears to be a national agenda by a coalition of

left-wing interest groups who

have spent months hunting around for an excuse to use the Pickeringnomination as a way to attempt to

paint the administration's nominees as extremist."

Press reports note that representatives of those liberal interest groups—

including People for the American

Way, the Alliance for Justice, and the National Association for the

Advancement of Colored People—

were present at Thursday's hearing.

As Sen. Hatch indicated, the issue is larger than Pickering. Analysts say

REV_00090485

that by demonizing all of

President Bush's judicial nominees as "conservative extremists," liberal

groups are sharpening their

claws for the real battle — the future direction of the U.S. SupremeCourt.

Although there are no vacancies on the court, that could change at any

time, giving President Bush the

opportunity to appoint another conservative to the bench. In the meantime,

Republicans accuse Democrats

of foot—dragging in getting Bush's judicial nominees confirmed.

So far, the Democrat-led Senate has approved only one-third of President

Bush's judicial nominees.

On Thursday, Pickering told the Judiciary Committee he was there to set

the record straight: "I have a

record of standing up for equal protection, respecting the rule of law and

making efforts to promote racial

harmony for more than four decades."

His supporters say Pickering's record speaks for itself, but they worry

that liberal efforts to distort the facts

will sully his "exemplary" record.

Sen. Patrick Leahy (D—Vt.), the chairman of the Judiciary Committee, did

not say when his panel might vote

on sending Pickering's nomination to the full Senate. However, he did givecommittee members another

week to submit additional questions to Pickering7 this time in writing.

REV_00090486

From: CN=Matthew E. Smith/OU=WHO/O=EOP [ WHO ]To: Heather Wingate/WHO/EOP@EOP [ WHO ] <Heather Wingate>;Anne Womack/WHO

/EOP@EOP [ WHO ] <Anne Womack>;Tim Goeglein/WHO/EOP [ WHO ] <Tim

Goeglein>;Bradford A. Berenson/WHO/EOP@EOP [ WHO ] <Bradford A. Berenson>;Brett

Kavanaugh [WHO ] <Brett Kavanaugh>;Brent D. Greenfield/WHO/EOP@EOP [ WHO ] <Brent

D. Greenfie|d>

Sent: 2/8/2002 6:10:19 AM

Subject: : NPR from Wednesday



CREATORzMatthew E. Smith ( CN=Matthew E. Smith/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIME: 8—FEB—2002 ll:lO:l9.00

SUBJECTzz NPR from WednesdayTOzHeather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN

TOzTim Goeglein ( CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


There is a certain slant from Nina....that will I'm sure be evident in

this morning's as well.

National Public Radio (NPR)

SHOW: All Things Considered (9:00 PM ET)— NPR

February 6, 2002 Wednesday

LENGTH: 926 words

HEADLINE: Judge Charles Pickering's confirmation hearing

ANCHORS: LIANE HANSEN

REPORTERS: NINA TOTENBERG

BODY:

LIANE HANSEN, host:

With the economic stimulus debate barely over, another battle in the

Senate is just beginning, this one over

President Bush's most controversial judicial appointments. Tomorrow the

Senate Judiciary Committee holds

a hearing on the nomination of Judge Charles Pickering for a seat on the

US Court of Appeals for the 5th Circuit.

NPR's legal affairs correspondent Nina Totenberg reports.

NINA TOTENBERG reporting:

It is no accident that the Pickering nomination is the first in line. The

politics of the Senate are the politics of clout,

and Charles Pickering's patron and promoter is none other than Senate

Minority Leader Trent Lott. In fact, the judge'sfirst hearing was in October. Unanswered questions then, however, forced

REV_00090487

a second hearing now, and in the interim,

civil rights, abortion rights, consumer and environmental groups have

moved into high gear to oppose the nomination.

Pro—choice activists have been at the forefront of the fight because of

Pickering's undisputed records against abortion

rights before he became a trial judge in 1990. In his 10 years on the

bench, he has not ruled on an abortion case, and he

said in October that as a lower—court judge he would have to follow the

law as laid down by the Supreme Court in Roe vs.

Wade. But as a state senator, he sought to convene a federal

constitutional convention to overrule Roe. And at the 1976

Republican Convention he played a key role in getting the national

party to abandon its neutrality on the issue in favor of an anti-abortion

platform.

Kate Michelman is president of the National Abortion Rights Action League.

Ms. KATE MICHELMAN (President, National Abortion Rights Action League):

Pickering's career has been notable not

for his record as a judge or as a legal scholar, but as a partisan

political activist. Pickering has been at the front lines on

some of the most divisive political issues of our time and repeatedly has

pursued a far—right conservative agenda.

TOTENBERG: Race, too, will be on the agenda tomorrow, particularly what

role Pickering played in the troubled racial historyof Mississippi. Both the national and local NAACP organizations are

strongly opposing his nomination. Wade Henderson is

director of the Leadership Conference on Civil Rights.

Mr. WADE HENDERSON (Director, Leadership Conference on Civil Rights): Who

are we to turn our back on the record of

Charles Pickering, on what we know about his temperament, the actions that

he took prior to coming to the court and since

being on the court? It would be a betrayal of our responsibility and

principles.

TOTENBERG: Pickering formally left the Democratic Party and joined the GOP

in 1964, citing the Democratic National

Convention's decision to seat a multiracial delegation instead of an

all—white state party delegation. And his critics point to

a record that they say moved from overt hostility to blacks when he was a

state legislator to insensitivity to minorities as a judge.That's a characterization hotly disputed by his supporters, including some

minorities at home and in Washington. Viet Dinh is an

assistant attorney general in the Bush Justice Department.

Mr. VIET DINH (Assistant Attorney General): I think that Judge Pickeringhas expressed his commitment to civil rights throughfive consecutive decades of action. For example, he testified against an

imperial wizard of the KKK for a fire bombing in a civil

rights demonstration in 1967. He hired the first African—American

political worker in Mississippi in 1976. He represented, in a

personal capacity, an African—American gentleman falsely accused of

robbing a young white woman.

TOTENBERG: But tracking Pickering's judicial record has been uncommonlydifficult. At his October hearing, Pickering estimated

he'd written 1,100 opinions. Of those, however, only 92 were published and

initially available for the committee to review, promptinga second hearing and considerable exasperation from Senator Lott.

Senator TRENT LOTT (Minority Leader): He's a classic case of how the

committee has kicked the can down the road. 'Oh, well, yes,

we had one hearing. We may need another one. Oh, well, we've got all his

opinions. How about his unpublished opinions?’ This

is unnecessary and ridiculous harassment.

REV_00090488

TOTENBERG: A word of explanation here. Everything a judge writes is publicunless it's formally sealed. But only those opinionsa judge deems of some legal importance are published online or in legal

books, and this is the first time in memory that an appealscourt nominee has had so much of his work unpublished. Pickering has

testified that he made a concerted decision not to burden

lawyers with excessive publication, and his defenders in the

administration say the judge followed the rules for publication set down

by the Judicial Conference, rules that give judges wide latitude.

The Senate Judiciary Committee as of this week, however, had still not

received some 300 unpublished opinions. The judge has said

he's having difficulty locating some because of a changeover in the

court's computer system. But that answer may not appease the

Democrats. NYU law professor Stephen Gillers, one of the nation's leadingethics experts, says it shouldn't. To have so many unpublished

opinions, he says, is odd.

Professor STEPHEN GILLERS (NYU): I don't think the Senate or the Senate

Judiciary Committee will do the job the Constitution assignsto it if it doesn't get to review, beforehand, nearly all of the judge'swork as a judge. I think that's its task, its duty to the American people.

TOTENBERG: In the end, though, the fate of Charles Pickering could well be

determined by back—room politics. His critics concede that

their only chance of beating him is in the committee, with all the

Democrats voting no. But Trent Lott is no ordinary senator and no ordinary

opponent. To cite just one critical example, there's the case of Wisconsin

Senator Herb Kohl, a Judiciary Committee member who's devoted

much of his time in recent months haunting Trent Lott's office in an

attempt to kill a New England dairy compact that is anathema to the dairyfarmers in Wisconsin. It is in this way that Lott has leverage, and not

just with Kohl. As the Republican leader put it in an interview with the

Associated Press last month, quote, "In the end, he's going to get a vote

and he's going to pass overwhelmingly, or else." Nina Totenberg,NPR News, Washington.

LOAD—DATE: February 7, 2002

REV_00090489

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Anne Womack/WHO/EOP@EOP [ WHO ] <Anne Womack>

Sent: 2/11/2002 5:03:47 AM

Subject: : Weekly Standard




CREATION DATE/TIME: ll—FEB—ZOOZ 10:03:47 . 00

SUBJECT:: Weekly Standard


READzUNKNOWN


Borking Judge PickeringIt's open season among Senate Democrats on Bush's judicial nominees.

by Terry Eastland

02/18/2002, Volume 007, Issue 22

WHEN JIM JEFFORDS left the Republican party last May and became an

independent, Democrats gained control of the Senate. By a single vote, yes,

but what a difference that margin makes, especially when it comes to

appointing judges.

Consider the case of Charles Pickering, for twelve years a U.S. District

Judge in Hattiesburg, Mississippi. Last year George W. Bush designated him

for the Fifth U.S. Circuit Court of Appeals. On October 18, Pickering

(rated

"well qualified" by the American Bar Association) went before the Senate

Judiciary Committee. Had Republicans still controlled the Senate, he would

have been easily confirmed. But the one hearing wasn't enough for JudiciaryCommittee Democrats. Pickering returned last week for a second

hearing——more

nearly an inguisition. Whether Pickering is ultimately confirmed or not,

the

Democrats made clear how they intend to deal with Bush nominees they targetfor possible defeat. Attack their life, attack their work, attack both if

you can, and don't let evidence get in the way.

Last week's hearing moved back and forth between Pickering's career before

he became a judge and his tenure on the bench. Pickering was in private

practice before becoming a county prosecutor and then a state senator. The

Democrats' inquiry into statements and actions of his during those distant

days sought to paint him as unsympathetic to claims of black equality, even

a segregationist at heart.

The Democrats read more into some events than the facts could reasonablybear. Yet Pickering found himself repenting of his 1964 statement that the

national Democratic party had "humiliated" the people of Mississippi in the

way it had treated the state party, then insistently segregationist. Asked

whether he regretted saying that, Pickering, who became a Republican that

year, replied, "I do." On another matter——a seemingly innocuous contact in

1973 with the pro—segregationist Mississippi Sovereignty

Commission--Pickering also wished that it was not on his record: "If I were

making that decision today, I would not do it," he said.

Those acts of repentance didn't seem to impress the Democrats. Nor did

evidence portraying Pickering as an exemplary figure during Mississippi's

stormy civil rights era. Republican senators reviewed how in 1967

Pickering,a locally elected prosecutor, testified in open court against Sam Bowers,

the imperial wizard of the Ku Klux Klan, who was being tried for the

firebombing death of civil rights leader Vernon Dahmers. Later, Pickeringwas turned out of office. During his testimony Pickering attributed that

REV_00090501

outcome at least in part to the fact he had taken the stand against Bowers.

Citing Pickering's testimony against Bowers and other actions he had taken

that helped move Mississippi away from its discriminatory past, Sen. Mitch

McConnell lauded Pickering for his "moral courage." But that was a point no

Democrat was heard to second.

The Democrats expressed apparent interest in Pickering's approach to

judging. Pickering distinguished between his personal and political views

and the law, stating that as a judge he was duty—bound to follow the

latter.

He added that as a district judge he was bound by the decisions of the

Fifth

Circuit and the Supreme Court, whether he agreed with them or not. He

further added that as an appellate judge he would be similarly bound.

These routine positions didn't satisfy the Democrats. Nor does it seem

possible that they could have. At times the Democrats said they wanted

judges who adhered to decisions by courts above. At other times they

implied

they wanted judges who would dissent from such decisions. Dianne Feinstein,

for example, described the Fifth Circuit as "a trailblazer in protectingindividual rights." But she lamented that it was no longer that, a pointmore bluntly made by Democratic colleagues who called it a "veryconservative" court. Did she mean to say that the decisions of such a court

shouldn't be followed? Likewise, Charles Schumer decried an "era of

unprecedented judicial activism" wrought, though he did not say so, by

Supreme Court appointees of Republican presidents. Did he mean to say that

judges on the courts of appeals should defy the Supreme Court's decisions?

To his credit, Pickering declined to embrace the lawless approach to

judging

suggested by his Democratic interrogators.

During her turn, Maria Cantwell inquired about Pickering's views on the

"right of privacy," by which she really meant the abortion right. Pickeringsaid that he "would follow what the Court has said" about the privacy

right,which was first announced in a 1965 case, Griswold v. Connecticut. Cantwell

noted that he, Pickering, didn't say that he personally believed that.

Pickering replied that he would follow the Court's precedents. To which

Cantwell responded: "Do you recognize it in the Constitution?" Said

Pickering, "I see it because the Court has said it is there." Cantwell was

unsatisfied, as were other Democrats. It appears that they want judges who

personally believe not merely that the Constitution contains an

unenumerated

right of privacy but that this right encompasses the abortion rightdeclared

by the Court in the 1973 case of Roe v. Wade. Judges nominated by a

Democratic president would doubtless personally believe all of these

things——and more.

Pickering's confirmation chances seemed slim at week's close. Thanks to

Jeffords, the committee now has 10 Democrats and 9 Republicans, and it

takes

10 votes to get out of committee. Herb Kohl was the one Democrat who failed

to make it to the hearing, and there was some speculation after the hearingthat Pickering's friend and sponsor, Trent Lott, had struck some sort of

deal with Kohl in which the Wisconsin Democrat would vote for Pickering in

committee and also on the floor. If so, Pickering just might make it onto

the Fifth Circuit. In any case, his hearing is a reliable indicator of the

nasty confirmation battles that lie ahead.

Terry Eastland is publisher of The Weekly Standard.

REV_00090502

REV_00090503

From: Rena Johnson) ( [email protected] (Rena Johnson) [ UNKNOWN]To: |[email protected][ UNKNOWN]

<|[email protected]>;[email protected][ UNKNOWN ]

<[email protected]>;Heather Vanate/WHO/EOP@EOP [ WHO ] <Heather

Wingate>;[email protected][ UNKNOWN ] <[email protected]>;Ed

Haden) ( [email protected] (Ed Haden) [ UNKNOWN ]

<[email protected]>;John Mashburn) ( John_Mashburn@|ott.senate.gov (John

Mashburn) [ UNKNOWN] <John_Mashburn@|ott.senate.gov>;Brett M. Kavanaugh/WHO

/EOP@EOP [WHO] <Brett M. Kavanaugh>Sent: 2/21/2002 6:08:56 AM

Subject: : Neas memorandum on PickeringAttachments: P_D02L5003_WHO.TXT_1 .doo



CREATOR:[email protected] (Rena Johnson) (

[email protected] (Rena Johnson) [ UNKNOWN ] )

CREATION DATE/TIMEz21-FEB-2002 11:08:56.00

SUBJECTzz Neas memorandum on Pickering

[email protected] ( [email protected] [ UNKNOWN ] )

READzUNKNOWN

TO:[email protected] ( [email protected] [ UNKNOWN ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TO:[email protected] (Ed Haden) ( [email protected] (Ed Haden) [

UNKNOWN ] )

READzUNKNOWN

TO:[email protected] (John Mashburn) ( [email protected] (John

Mashburn) [ UNKNOWN ] )

READzUNKNOWN


READzUNKNOWN


Just in case you haven't seen it

— ~MEOOOO4.doc

ATT CREATION TIME/DATE: O 00:00:00.00

File attachment <P_D02L5003_WHO.TXT_1>

REV_00090601

From: CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ]To: Timothy E. FIanigan/WHO/EOP@EOP [ WHO ] <Timothy E. Flanigan>;Susan B. Ralston/WHO

/EOP@EOP [WHO] <Susan B. Ralston>;Bradford A. Berenson/WHO/EOP@EOP [WHO ]<Bradford A. Berenson>;Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M.

Kavanaugh>;Heather Wingate/WHO/EOP@EOP [ WHO ] <Heather Vanate>;[email protected] @inet [ UNKNOWN] <[email protected]>;Anne Womack/WHO/EOP@EOP [ WHO ] <Anne

Womack>;Danie| J. Bartlett/WHO/EOP@EOP [WHO] <Daniel J. Bartlett>

CC: Lezlee J. Westine/WHO/EOP@EOP [ WHO ] <Lez|ee J. Westine>

Sent: 2/27/2002 5:49:28 AM

Subject: : URGENT -- From today's Raleigh News & Observer



CREATORzTim Goeglein ( CN=Tim Goeglein/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIMEz27-FEB-2002 10:49:28.00

SUBJECTzz URGENT —— From today's Raleigh News & Observer


READzUNKNOWN

TOzSusan B. Ralston ( CN=Susan B. Ralston/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READIUNKNOWN

TO:[email protected] ( [email protected] @ inet [ UNKNOWN ] )

READzUNKNOWN


READzUNKNOWN

TOzDaniel J. Bartlett ( CN=Daniel J. Bartlett/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

CCzLeZlee J. Westine ( CN=LeZlee J. Westine/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


Edwards opposes Bush nominee

By JOHN WAGNER, Washington Correspondent WASHINGTON — U.S. Sen. John

Edwards

on Tuesday formally outlined his objections to elevating a Mississippi

judgeto a federal appeals court, contending that President Bush's nominee would

"put his own views above the law."Edwards, a North Carolina Democrat, was

among the most aggressive questioners earlier this month when Judge Charles

Pickering appeared before the Senate Judiciary Committee for his

confirmation

hearing. Bush has nominated Pickering, a U.S. District Court judge, to a

seat

on the 5th U.S. Circuit Court of Appeals.During the hearing, Edwards

strongly

implied that Pickering had acted inappropriately in a 1994 case that

involved

a cross—burning on the lawn of an interracial couple. Several days later,Edwards touted his tough posture during a political appearance in

California

that was designed to showcase him as a potential 2004 presidential

candidate.Although Edwards' questioning of Pickering drew praise from

Democratic leaders, his tactics were heavily criticized by Richard "Dickie"

Scruggs, a well—known Democratic trial lawyer from Mississippi, who said

Edwards badly distorted Pickering's record. Edwards also drew fire from

conservatives, with The Wall Street Journal accusing him of "race—baitingto

liberal crowds" in an editorial Tuesday. "This is a man who wants to be

REV_00090787

President,"

from

three law school professors, all of whom concluded Pickering acted

inappropriately in the 1994 case.During his questioning at the hearing,Edwards implied that Pickering violated a judicial code of conduct, first

by

meeting privately with one side of the case and then by intervening at the

U.S. Justice Department.Pickering maintained that he was merely expressingfrustration at a situation in which prosecutors had gone easy on the main

culprit in exchange for a guilty plea but come down much harder on a lesser

player.The three law professors who backed up Edwards on Tuesday were

StephenGillers of New York University, John Leubsdorf of Rutgers University and

Stephen Lubet of Northwestern University.In his statement Tuesday, Edwards

also noted that Pickering's rulings in other cases have been reversed 15

times by the 5th U.S. Circuit Court of Appeals for his failure to follow

"well—established principles of law."Pickering's supporters maintain that

such a figure is not unusual, given that he has issued thousands of

opinions

during his tenure.The confirmation of Pickering has become a highly

partisan

fight between Senate Democrats and President Bush. Senate Minority Leader

Trent Lott, a Mississippi Republican, is a staunch supporter of Pickeringand

has threatened to retaliate against Democrats if Pickering is not

confirmed.The Judiciary Committee had scheduled a vote on Pickering'snomination Thursday, but it now appears the vote will be put off at least

until next week. Some Democrats on the committee have predicted that

Pickering's nomination will not be cleared by the panel.In his statement,

Edwards also noted that he has voted to confirm all 38 other individuals

nominated by President Bush for federal judgeships. That total, however,

does

not include Judge Terrence Boyle of North Carolina, whom Bush has nominated

to the 4th U.S. Circuit Court of Appeals. Edwards has blocked Boyle from

receiving a confirmation hearing as part of a long—running feud with U.S.

Sen. Jesse Helms over nominees from North Carolina.Another confirmation

fightis brewing, with Democrats expressing concern about a fraud case involvinga

bank where the nominee's wife worked.Judge D. Brooks Smith, who temporarilyoversaw the case, said he recused himself a month into the trial even

thoughhe didn't have to. Smith is up for a position on the 3rd U.S. Circuit Court

of Appeals, which covers Pennsylvania, New Jersey, Delaware and the VirginIslands. Washington correspondent John Wagner can be reached at (202)

662—4380 or <A HREF="[email protected]

">[email protected]</A>The Associated Press contributed to this

report.

the editorial stated.On Tuesday, Edwards released statements

REV_00090788

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To:

Sent:

Subject:Attachments:

###### BeginRECORD TYPE:

CREATORzNoel

CREATION DATE/TIME:

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Christopher Bartolomucci (

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CN=N0e| J. Francisco/OU=WHO/O=EOP [ WHO ]H. Christopher Bartolomucci/WHO/EOP@EOP [ WHO ] <H. Christopher Bartolomucci>;Bradford

A. Berenson/WHO/EOP@EOP [ WHO ] <Bradford A. Berenson>;Stuart W. BowenNVHO

/EOP@EOP [WHO] <Stuart W. B0wen>;RacheI L. BrandNVHO/EOP@EOP [ WHO ] <Rache|

L. Brand>;E|izabeth N. Camp/WHO/EOP@EOP [ WHO ] <E|izabeth N. Camp>;R0bert W

Cobb/WHO/EOP@EOP [ WHO ] <Robert W. Cobb>;Courtney S. EIwood/WHO/EOP@EOP [WHO ] <Courtney S. E|w00d>;Timothy E. FIanigan/WHO/EOP@EOP [ WHO ] <Timothy E.

Flanigan>;Albert0 R. Gonzales/WHO/EOP@EOP [ WHO ] <A|berto R. Gonzales>;Brett M.

Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>;Helgard C. Walker/WHO

/EOP@EOP [WHO] <He|gard C. Walker>;Ky|e Sampson/WHO/EOP@EOP [ WHO ] <Ky|e

Sampson>3/1/200211:37:01 AM

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Cobb ( CN=RObert W. Cobb/OU=WHO/O=EOP@EOP [ WHO ] )

Elwood ( CN=Courtney S. Elwood/OU=WHO/O=EOP@EOP [ WHO ] )

Flanigan ( CN=Timothy E. Flanigan/OU=WHO/O=EOP@EOP [ WHO ] )

Gonzales ( CN=Alberto R. Gonzales/OU=WHO/O=EOP@EOP [ WHO ] )

( CN=Brett M. Kavanaugh/OU=WHO/O=EOP@EOP [ WHO ] )

Walker ( CN=Helgard C. Walker/OU=WHO/O=EOP@EOP [ WHO ] i

( CNZKyle Sampson/OUZWHO/OZEOP@EOP [ WHO ] )


————————— Forwarded by Noel J. Francisco/WHO/EOP on

03/01/2002 04:36 PM ———————————————————————————

Ed [email protected] (Ed Haden)

03701/2002 04:14:25 PM

Record Type:

To:

cc:

Subject:

Mime message

Record

See the distribution list at the bottom of this message

Pickering

with no plain text.

—

neas response update.wpd

REV_00090945

Message Sent

To:

John [email protected] (John Mashburn)

[email protected] (Makan Delrahim)

Rena [email protected] (Rena Johnson)

NoeliJ. Francisco/WHO/EOP@EOP

[email protected]

ATT CREATION TIME/DATE: O 00:00:00.00

File attachment <P_MMXR5003_WHO.TXT_1>

REV_00090946

From: CN=E|izabeth N. Camp/OU=WHO/O=EOP [ WHO ]To: David S. Addington/OVP/EOP@EOP [ OVP ] <David S. Addingt0n>;H. Christopher

Bartolomucci/WHO/EOP@EOP [ WHO ] <H. Christopher Bartolomucci>;John B. Bellinger/NSC

/EOP@EOP [ NSC ] <John B. Bellinger>;Bradford A. Berenson/WHO/EOP@EOP [WHO ]<Bradf0rd A. Berenson>;Rache| L. Brand/WHO/EOP@EOP [ WHO ] <Rache| L. Brand>;R0bert

W. Cobb/WHO/EOP@EOP [WHO ] <Robert W. Cobb>;C0urtney S. EIwood/WHO/EOP@EOP [WHO ] <Courtney S. EIwood>;Timothy E. FIanigan/WHO/EOP@EOP [ WHO ] <Timothy E.

Flanigan>;N0e| J. Francisco/WHO/EOP@EOP [WHO ] <Noe| J. Francisco>;Brett M.

Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>;Ker Sampson/WHO/EOP@EOP [WHO ] <Ky|e Sampson>;He|gard C. WalkerNVHO/EOP@EOP [ WHO] <He|gard C.

Walker>;Edward McNaIIy/WHO/EOP@EOP [ WHO ] <Edward McNaIIy>;AI|ison L.

Riepenhoff/WHO/EOP@EOP [ WHO ] <A||ison L. Riepenhoff>Sent: 3/21/2002 12:07:07 PM

Subject: : Advance e-copy of National Review‘s 4/8/02 Issue


RECORD TYPE: FEDERAL (NOTES MAIL)

CREATORzElizabeth N. Camp ( CN=Elizabeth N. Camp/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIMEz2l-MAR—2002 17:07:07.00

SUBJECTzz Advance e-copy of National Review‘s 4/8/02 Issue

TOzDavid S. Addington ( CN=David S. Addington/OU=OVP/O=EOP@EOP [ OVP ] )

READzUNKNOWN

TOzH. Christopher Bartolomucci ( CNZH. Christopher Bartolomucci/OU:WHO/O:EOP@EOP [ WHO ] )

READzUNKNOWN

TOzJohn B. Bellinger ( CN=John B. Bellinger/OU=NSC/O=EOP@EOP [ NSC ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TOzRobert W. Cobb ( CN=Robert W. Cobb/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TO:Courtney S. Elwood ( CN=Courtney S. Elwood/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TOzEdward McNally ( CN=Edward McNally/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzAllison L. Riepenhoff ( CN=Allison L. Riepenhoff/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


FYI

—————————————————————— Forwarded by Elizabeth N. Camp/WHO/EOP on

03/21/2002 05:07 PM ———————————————————————————

NR Advance <[email protected]>

03/21/2002 04:27:28 PM

Record Type: Record

To: NR Advance <[email protected]>

cc:

Subject: Advance e-copy of National Review's 4/8/02 Issue

REV_00091751

As you may already know, National Review is now e—mailing to a selected

list

an advance e—copy of highlights from the magazine. Here is how it works:

You

will get an e—mail from us once every two weeks that highlights various

pieces in NR. If you want to read more, you can click a link to an

exclusive

web page with the full text of the pieces. You will receive this e-mail a

few days before copies of the print magazine are distributed. If you wish

to

be taken off this list, please let us know. The link follows the excerpts.

Hasta la Vista, Baby

By John O'Sullivan

The near defeat in the House of Section 245(i)--a measure to allow more

than

200,000 illegal immigrants to remain in the U.S., rather than requiringthem

to return home to apply for U.S. entry from there——established that the

White House no longer has the Republican votes to push through its larger

plans to amnesty 3 million illegal Mexican "guestworkers." Not only did a

clear majority of Republicans rally in opposition to 245(i); but those who

voted against it included all the Republicans (and some Democrats) who are

considering a run for higher office this year, with the sole exception of

New Hampshire representative John Sununu Jr.

On the House...

By John J. Miller

Saudi lobbyists must register as foreign agents with the Justice

Department.

Activity on behalf of Wahhabism, however, is much better hidden——and far

more important. "We know it's something like $100 million over the last ten

years or so," says one expert. That's $100 million on the construction of

mosques and schools, the translation and distribution of Korans, and the

training of imams——funneled through a web of governmental and private

charities, almost none of it showing up in any public record, and virtuallyall of it aimed at promoting Wahhabism. One expert says that one—third of

the approximately 1,200 mosques in the U.S. follow Wahhabi teachings. The

network's potential for sinister radicalism recently came to light in

Bosnia, where U.S. troops——raiding a Saudi "charity"——seized photos of

American military facilities and literature on crop—duster planes.

Our Girl at the U.N.

By Kate O'Beirne

From the outset, our delegation made it clear that the resolution could not

dictate that Afghanistan ratify the Convention on the Elimination of All

Forms of Discrimination Against Women——which it, like the U.S., has signedbut not ratified. Longstanding U.S. policy holds that it is inappropriatefor the U.N. to pressure sovereign countries to join international

conventions. The U.S. draft, therefore, urged Afghanistan to "consider"

ratifying the convention; and those who see this as a distinction without

much difference haven't spent time in U.N.—land. In the end, there was onlyone roll—call vote: It was on that hardy U.N. perennial, the condemnation

of

Israel. A wall of curtains was opened to reveal a huge voting scorecard

listing 190 countries, from Afghanistan to Zimbabwe. Member countries

registered their votes, and within two minutes the vote was "locked":

Thirty—eight green lights appeared, with a single lonely red light next to

the United States. It was a proud moment.

REV_00091752

Indian War Drums

By David Pryce—Jones

A novelist through and through, Naipaul is interested in stories rather

than

politics. Look for the story behind the story, he kept repeating, and then

you'll understand India. The story that most Indians believe about

themselves is that one fine day British imperialists occupied the country,

exploited it, and bled it dry. The nationalist movement then threw them out

and restored national integrity and pride. A grand Indian lady with

impeccable nationalist credentials was putting forth this view to the

assembled conference, when Naipaul cut her off in mid-sentence. Look at

India, he told her, at its democracy, its rule of law, the supremacy of the

English language, the way the whole shaky subcontinent survives against all

the odds--and you will understand that the British did Indians the favor of

bringing them into the modern world on equal terms.

Strange Justice

By Byron York

Republicans underestimated the nature of the threat Pickering faced. Peoplefor the American Way took in $12,609,853 in 2000 alone——and it was just one

part of the anti—Pickering coalition. To its budget must be added those of

NARAL, NOW, the Alliance for Justice, the Leadership Conference on Civil

Rights, the NAACP, and others——a total that might well approach $50

million.

The numbers point to a striking disparity in the ongoing battle over

judicial nominations. There simply was no group fighting on behalf of

Pickering that had anything approaching the coalition's resources. Yes,

there are rich conservative organizations like the National Rifle

Association and National Right to Life Committee, but none was deeplyinvolved in the Pickering battle. Instead, there were a few small groups

like the newly formed Coalition for a Fair Judiciary (which operates with

one employee). The imbalance virtually assures that the Pickering situation

will play out again in the future.

Watching the Watchmen

By Ramesh Ponnuru

In episode after episode, the human—rights organizations——including Human

Rights Watch, Amnesty International, Oxfam, and Doctors Without

Borders——have shown a stunning moral and practical obtuseness about the

war.

Their posture toward America has been unsympathetic, suspicious to the

pointof paranoia, demanding, implacable. This performance should be no surpriseto anyone who has followed these groups over the years. But Americans who

know only of their good works——their efforts in behalf of political

prisoners, most notably——may be mystified and angered. As Freedom House

executives Adrian Karatnycky and Arch Puddington have observed, AmnestyInternational and Human Rights Watch can rarely even bring themselves to

use

the word "terrorism, at least without quotation marks. Human Rights Watch

avoids the word, it says, because "there is no universally accepteddefinition" of it and "one person's terrorist is another person's freedom

fighter."

I!

When Red is Not Dead

By Garry Kasparov & Therese Raphael

If it is at least obvious why a Russian elite, its closets bursting with

skeletons, doesn't want the door opened, it is far less obvious why in this

era of truth commissions, war—crimes tribunals, and crusading magistratesthe rest of the world has shown so little interest. Put differently, how is

REV_00091753

it that the human—rights community that pursued the prosecution of AugustoPinochet (and have in their sights Ariel Sharon and Henry Kissinger) have

found little room on their agenda for a discussion of Communist—era crimes?

And what explains the shrugs at Russia's fetishistic approach to the Soviet

era? Could it be that we have merely forgotten that some 30 million

perishedin the Soviet Union during those years, or that Communists around the world

produced some 80 million or more dead bodies last century?

Choosing Life

By Rod Dreher

"[Crisis pregnancy centers] lie about the psychological impact of

abortion,"

says Planned Parenthood president Gloria Feldt. Even worse, from the

abortion—rights point of view, CPCs are getting savvier about employingultrasound technology to "trick" pregnant women into having their babies.

Many CPCs report that women, once they see their babies moving in their

wombs, overwhelmingly choose to carry the pregnancy to term. Fumed one LongIsland abortion provider in the <I>New York Times</I>: "The bottom line is

no woman is going to want an abortion after she sees a sonogram." Well,

yes.

"That was an amazing concession. I bet she bit her tongue when she saw that

quote in print," says Lorraine Gariboldi, executive director of the Life

Center of Long Island. "Look at it this way: For an abortionist to counsel

a

woman about fetal development, abortion risks, and support available to her

should she want to carry the baby to term——they'd put themselves out of

business."

Dead and Buried

By Jonah Goldberg

Critics of constructing a subterranean repository for nuclear waste in

Nevada's Yucca Mountain argue that if someone were to decide to live here

100 centuries from now, he must not be exposed to more radiation per year

than you or I receive from a single chest x-ray. The EPA and the Nuclear

Regulatory Commission agree: Their minimum standard is for containment for

no less than 10,000 years——at which point, even if the waste did make its

way back into the environment, its radioactivity would have decayed enoughto be safe. A little perspective is helpful. The first known city—state, in

Mesopotamia, was formed about 5,000 years ago. Human beings switched from

their hunter—gatherer existence between 6,000 and 8,000 years ago. The

lifetime of the United States, from the Declaration of Independence to

Britney Spears, constitutes 2 percent of that time span. Which is to say: A

lot can happen in the next 10,000 years.

http://www.nationalreview.com/advance/tequila—gold—issue04—08—02.shtml

REV_00091754

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Alberto R. Gonzales/WHO/EOP@EOP [ WHO ] <A|berto R. Gonzales>;Timothy E.

FIanigan/WHO/EOP@EOP [ WHO ] <Timothy E. FIanigan>;Bradford A. Berenson/WHO

/EOP@EOP [ WHO ] <Bradford A. Berenson>;HeIgard C. Walker/WHO/EOP@EOP [ WHO ]

<Helgard C. Walker>;Courtney S. EIwood/WHO/EOP@EOP [ WHO ] <Courtney S. EIwood>;H.

Christopher BartolomuociNVHO/EOP@EOP [ WHO ] <H. Christopher Bartolomuooi>;Ky|e

Sampson/WHO/EOP@EOP [ WHO ] <Ky|e Sampson>;Raohel L. Brand/WHO/EOP@EOP [WHO ] <Raohel L. Brand>;Noe| J. Francisco/WHO/EOP@EOP [WHO ] <Noe| J.

Francisco>;Robert W. Cobb/WHO/EOP@EOP [ WHO ] <Robert W. Cobb>

Sent: 3/29/2002 5:45:03 AM

Subject: : New York Times story today on judges




CREATION DATE/TIMEz29-MAR—2002 10:45:03.00

SUBJECTzz New York Times story today on judgesTOzAlberto R. Gonzales ( CN=Alberto R. Gonzales/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TOzHelgard C. Walker ( CNZHelgard C. Walker/OUZWHO/OZEOP@EOP [ WHO ] )

READzUNKNOWN

TOzCourtney S. Elwood ( CN=Courtney S. Elwood/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN

TO:Kyle Sampson ( CN=Kyle Sampson/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TOzRObert W. Cobb ( CN=RObert W. CObb/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


Bush Vows To Seek Conservative Judges (NYT)

By ELISABETH BUMILLER

The New York Times, March 29, 2002

CRAWFORD, Tex., March 28 — In his first substantive response to the

Democratic rejection of Judge Charles W. Pickering Sr. of Mississippi for

a federal appeals court post, President Bush hit back today at the

leadership of the Senate and said that he would continue to push for

"good, conservative judges" on the nation's highest courts.

Mr. Bush spoke in Dallas at a lunch that raised $1.8 million for the Texas

Republican Party and the Senate campaign of John Cornyn, the state's

attorney general, before returning here to his l,600-acre ranch. The lunch

capped a two—day, three—state presidential swing that raised more than

$4.3 million for Republican candidates and the party."We've got to get good, conservative judges appointed to the bench and

approved by the United States Senate," Mr. Bush said to more than 1,000

people at the Hyatt Regency Hotel. On Wednesday night at a fundraiser in

Atlanta, Mr. Bush said that "we're going to have more fights when it comes

to the judiciary," and "I'm going to put strict constructionists on the

bench."

Mr. Bush's words were a defiant response to Senate Democrats, who on March

14 rejected Judge Pickering, the president's nominee and his first

judicial defeat, as too conservative. The Democrats said at the time that

they also wanted to send a message that their majority in the Senate gave

them the power to block his choices and that Mr. Bush should send up more

moderates.

REV_00092013

"We want to compromise with the president," Senator Charles E. Schumer,

Democrat of New York, who is a member of the Judiciary Committee, said

today. "If the president sends us judge after judge who is way out of the

mainstream, it's going to create gridlock. The view that it's \my way or

the highway' is not going to get us anywhere."Mr. Bush made clear today and on Wednesday night that he would not

acquiesce, and that his solution was to aggressively raise money for his

party's candidates in an effort to regain Republican control of the Senate

in the November midterm elections.

"We need people like John Cornyn in the United States Senate, who will

work with the White House to have a solid judiciary, to make sure that the

judges do what they're supposed to do in the United States and not

overstep their bounds," Mr. Bush said at the fund-raiser for Mr. Cornyn,

repeating his frequent call for conservative judges who strictly interpretthe Constitution.

"I want people on the bench who don't try to use their position to

legislate from the bench," Mr. Bush said. "We want people to interpret the

law, not try to make law and write law."

During his presidential campaign in November 1999, Mr. Bush said that the

most important qualification of a judge was whether the judge would

"strictly interpret the Constitution of the United States." He also

singled out Justices Antonin Scalia and Clarence M. Thomas, the court's

two most conservative members, as justices whom he held in high regard.

Today in Dallas, Mr. Bush was appearing at his third fund—raiser for

Republican Senate candidates in two days. The president's schedule showed

how much the White House wanted Republicans to win control of the Senate,

which has stymied crucial parts of Mr. Bush's legislative agenda. The

White House says that five Senate seats, in South Dakota, Minnesota, Iowa,

Missouri and Georgia, are vulnerable to Republican takeover.

Today, Mr. Bush helped raise $1.4 million in $1,000 contributions for Mr.

Cornyn, and $400,000 in unlimited soft—money donations to the Texas

Republican Party. Earlier this week, White House officials said that the

lunch for Mr. Cornyn could bring in $1.2 million to $1.5 million, but

today David Beckwith, Mr. Cornyn's campaign spokesman, said that the event

raised more than expected. Mr. Bush is an enormous draw on the Republican

fund-raising circuit.

On Wednesday night in Atlanta, Mr. Bush helped raise more than $1.4

million for the Georgia Republican Party and the Senate campaign of

Representative Saxby Chambliss, who is facing a primary challenge before

he can run against Max Cleland, a Democrat who is the state's senior

senator. The White House is backing Mr. Chambliss, even though supportersof state Representative Bob Irvin of Atlanta, Mr. Chambliss's primary

opponent, have asked the president to stay out of the primary.In some of his most partisan remarks since Sept. 11, Mr. Bush said in

Atlanta that he had nominated a "a good man from Mississippi," a reference

to Judge Pickering, who is a federal trial judge, "and I don't remember

the senior senator from Georgia defending this man's honor."

Mr. Bush arrived at his ranch late on Wednesday, left today at 10 a.m. on

Marine One for the one—hour helicopter flight to Dallas, met briefly with

firefighters and rescue workers, made a 21—minute speech at the lunch for

Mr. Cornyn, and was back at his ranch by midafternoon.

The president is to remain at his ranch through Easter morning, with no

public events, and is to return to the White House on Sunday.

REV_00092014

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: David G. Leitch/WHO/EOP@EOP [ WHO ] <David G. Leitch>;Heather Wingate/WHO

/EOP@EOP [ WHO ] <Heather Vanate>;Alberto R. Gonzales/WHO/EOP@EOP [ WHO ]<A|bert0 R. Gonzales>

CC: Heather Wingate/WHO/EOP@EOP [ WHO ] <Heather Wingate>Sent: 12/17/2002 6:32:57 AM

Subject: : From National Review re Pickering




CREATION DATE/TIMEzl7-DEC-2002 ll:32:57.00

SUBJECTzz From National Review re Pickering

TOzDaVid G. Leitch ( CN=DaVid G. LeitCh/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN


READzUNKNOWN

TOzAlberto R. Gonzales ( CNZAlberto R. Gonzales/OU:WHO/O:EOP@EOP [ WHO ] )

READzUNKNOWN

CC:Heather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


t's almost ironic that Sen. Strom Thurmond's (R, S.C.) final "fight" in

the Senate was to ensure the judicial confirmation of a former aide who

was unfairly attacked as a bigot.

Sen. Trent Lott (R, Miss.) and other Republican senators went to the mat

for Thurmond in his final weeks as a senator and shepherded through Dennis

Shedd's confirmation over persistent Democratic insinuations of racism two

weeks after Election Day. But now, Lott's uncareful praise of his

centenarian colleague has precipitated an ugly short-term legacy, whose

first tangible effect is the end of Charles Pickering's hopes to become an

appellate judge.

Pickering's chief advocate in the Senate was Lott. Usually, having the

party leader go to bat for you is worth some points. For Pickering, it has

become his nomination's death warrant.

Sources close to the nomination and confirmation process say that the

White House has made the decision and dropped the plans it had as recently

as last week to renominate Pickering in the 108th Congress. Because the

Left smeared Pickering as a racist ("racially insensitive" is word they

use) Lott's misstep and the current attacks on him will unavoidably be

distracting and damning.

As a strictly judicial matter, this is not too great of a loss. Pickering,

while a stellar judge, is not very young, and his service on the appeals

court would be brief. Renominating Pickering, though, would have had two

political virtues.

First, it would please conservatives who were beside themselves with rage

at the sight of Sen. Joe Biden (D, Del.) and Ted Kennedy (D,

Chappaguiddick) attacking Pickering's integrity.

Second, without Lott's gaffe, Pickering would have taken a lot of the fire

from Democrats, but still probably pass, making it easier for later

nominees such as Priscilla Owen and Miguel Estrada after the Democratic

attack dogs had shot their wad.

Now, without Pickering as a viable point man, someone else will need to

take the early beating by the left's attack machine fueled by People For

the American Way, the National Organization of Women, and their ilk. This

could mean either serious expenditure of political capital by Republicans,

or a successful filibuster of Owen or Estrada.

REV_00104726

But the effect of the Lott firestorm on nominees runs even deeper. If Lott

stays on as Majority Leader, every absurd charge of racism against a GOP

nominee carries more weight with the credulous media and some

middle—of—the—road voters. Ultimately, the media would win over Democrats

otherwise hesitant to oppose Bush and could even persuade some spineless

Republicans.

In a cruel twist, however, Lott will make it even harder for Republican

nominees if he steps down as Leader. Edwards, Schumer, PFAW, Kennedy, Paul

Krugman, and the New York Times editorial page are aptly called "the

attack dogs of personal destruction."

If they win on the Lott fight* if they taste blood * it only makes them

hungrier.

It may take them some time to regroup, to digest their prey, as it did

after the first Pickering trial, but the next time they will be even

bolder. The Lott turmoil was entirely manufactured by Democratic

operatives*

namely by unrepentant Clintonite James Carville, who first

made an issue of the remarks the same night on Crossfire * and then pushed

the story behind the scenes wherever they could, explaining to pundits and

politicians how this could be used to sock it to the GOP.

If Carville wins * if the bar for branding someone a racist is lowered to

a single careless comment, an unreflective childhood in the south, and a

belief in states' rights* that puts every Republican politician or

nominee in a little more danger. It expands the media's definition of

"extremism." Anyone whose voting record or ideology resembles that of

"disgraced former Majority Leader Trent Lott" will be suspect* and

vulnerable.

This means any judge who ever used the concept of federalism in his

decisions will be attacked for "using the racist codeword of 'states

rights'."

It's a lose—lose situation * and a checkmate for the attack dogs of

personal destruction.

*

Timothy P. Carney is a reporter for the Evans—Novak Political Report.

REV_00104727

From: CN=Heather Vifingate/OU=WHO/O=EOP [ WHO ]To: Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>CC: david g. |eitch/who/eop@eop [ WHO] <david g. |eitch>;a|berto r. gonzales/who/eop@eop [WHO

] <a|berto r. gonzales>Sent: 12/17/2002 10:34:58 AM

Subject: : Re: From National Review re Pickering



CREATORzHeather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIMEzl7-DEC-2002 l5:34:58.00

SUBJECTzz Re: From National Review re PickeringTOzBrett M. Kavanaugh ( CN=Brett M. Kavanaugh/OU=WHO/O=EOP@EOP [ WHO ] )

READ : UNKNOWN

CC:david g. leitch ( CN=david g. leitch/OU=who/O=eop@eop [ WHO ] )

READ : UNKNOWN

CC:alberto r. gonzales ( CNZalberto r. gonzales/OU:who/O:eop@eop [ WHO ] )

READzUNKNOWN


'sAlong these lines, I just rec'd a call from Neil Lewis w/the NYTimes. He

doing two stories on Judges: 1) The no—win situation the WH is in on

whether or not to renominate Pickering; and 2) the early musing w/in the

WH on Sup Ct nominee (I couldn't tell if the story was going to be about

efforts to ensure WH is prepared to deal with a vacancy or if it was about

possible candidates to fill the slot(s)).

Anyway, I said nothing of course, but on the second story line, he

indicated he had an admin source who had shared a few thoughts with him.

Is there anything we want to do to influence this? I assume we're mum on

both of these issues right now....

Brett M. Kavanaugh

12/17/2002 11:29:43 AM

Record Type: Record

To: Alberto R. Gonzales/WHO/EOP@EOP, David G. Leitch/WHO/EOP@EOP,Heather Wingate/WHO/EOP@EOPcc: Heather Wingate/WHO/EOP@EOP

Subject: From National Review re Pickering

t's almost ironic that Sen. Strom Thurmond's (R, S.C.) final "fight" in

the Senate was to ensure the judicial confirmation of a former aide who

was unfairly attacked as a bigot.

Sen. Trent Lott (R, Miss.) and other Republican senators went to the mat

for Thurmond in his final weeks as a senator and shepherded through Dennis

Shedd's confirmation over persistent Democratic insinuations of racism two

weeks after Election Day. But now, Lott's uncareful praise of his

centenarian colleague has precipitated an ugly short—term legacy, whose

first tangible effect is the end of Charles Pickering's hopes to become an

appellate judge.

Pickering's chief advocate in the Senate was Lott. Usually, having the

party leader go to bat for you is worth some points. For Pickering, it has

become his nomination's death warrant.

Sources close to the nomination and confirmation process say that the

White House has made the decision and dropped the plans it had as recently

REV_00104738

as last week to renominate Pickering in the 108th Congress. Because the

Left smeared Pickering as a racist ("racially insensitive" is word they

use) Lott's misstep and the current attacks on him will unavoidably be

distracting and damning.As a strictly judicial matter, this is not too great of a loss. Pickering,while a stellar judge, is not very young, and his service on the appealscourt would be brief. Renominating Pickering, though, would have had two

political virtues.

First, it would please conservatives who were beside themselves with rage

at the sight of Sen. Joe Biden (D, Del.) and Ted Kennedy (D,

Chappaguiddick) attacking Pickering's integrity.

Second, without Lott's gaffe, Pickering would have taken a lot of the fire

from Democrats, but still probably pass, making it easier for later

nominees such as Priscilla Owen and Miguel Estrada after the Democratic

attack dogs had shot their wad.

Now, without Pickering as a viable point man, someone else will need to

take the early beating by the left's attack machine fueled by People For

the American Way, the National Organization of Women, and their ilk. This

could mean either serious expenditure of political capital by Republicans,or a successful filibuster of Owen or Estrada.

But the effect of the Lott firestorm on nominees runs even deeper. If Lott

stays on as Majority Leader, every absurd charge of racism against a GOP

nominee carries more weight with the credulous media and some

middle—of—the—road voters. Ultimately, the media would win over Democrats

otherwise hesitant to oppose Bush and could even persuade some spineless

Republicans.In a cruel twist, however, Lott will make it even harder for Republicannominees if he steps down as Leader. Edwards, Schumer, PFAW, Kennedy, Paul

Krugman, and the New York Times editorial page are aptly called "the

attack dogs of personal destruction."

If they win on the Lott fight* if they taste blood * it only makes them

hungrier.It may take them some time to regroup, to digest their prey, as it did

after the first Pickering trial, but the next time they will be even

bolder. The Lott turmoil was entirely manufactured by Democratic

operatives*

namely by unrepentant Clintonite James Carville, who first

made an issue of the remarks the same night on Crossfire * and then pushedthe story behind the scenes wherever they could, explaining to pundits and

politicians how this could be used to sock it to the GOP.

If Carville wins * if the bar for branding someone a racist is lowered to

a single careless comment, an unreflective childhood in the south, and a

belief in states' rights* that puts every Republican politician or

nominee in a little more danger. It expands the media's definition of

"extremism." Anyone whose voting record or ideology resembles that of

"disgraced former Majority Leader Trent Lott" will be suspect* and

vulnerable.

This means any judge who ever used the concept of federalism in his

decisions will be attacked for "using the racist codeword of 'states

rights'."It's a lose—lose situation * and a checkmate for the attack dogs of

personal destruction.

*

Timothy P. Carney is a reporter for the Evans—Novak Political Report.

REV_00104739

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Noel J. Francisco/WHO/EOP@EOP [ WHO ] <Noe| J. Francisco>;H. Christopher

Bartolomucci/WHO/EOP@EOP [ WHO ] <H. Christopher Bartolomucci>;He|gard C. Walker/WHO

/EOP@EOP [WHO] <He|gard C. Walker>;David G. Leitch/WHO/EOP@EOP [WHO ] <David

G. Leitch>;Benjamin A. Powell/WHO/EOP@EOP [ WHO ] <Benjamin A. Powe||>;Ky|e

Sampson/WHO/EOP@EOP [ WHO ] <Ky|e Sampson>;Jennifer G. NewsteadNVHO/EOP@EOP [WHO ] <Jennifer G. Newstead>;Bradford A. Berenson/WHO/EOP@EOP [ WHO ] <Bradford A.

Berenson>;AIberto R. Gonzales/WHO/EOP@EOP [WHO ] <A|berto R. Gonzales>

Sent: 12/19/2002 4:35:14 AM

Subject: : article re Chip Pickering and Judge Pickering




CREATION DATE/TIMEzl9-DEC—2002 09:35:14.00

SUBJECTzz article re Chip Pickering and Judge PickeringTOzNoel J. Francisco ( CN=Noel J. Francisco/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TOzDavid G. Leitch ( CN=David G. LeitCh/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzBenjamin A. Powell ( CN=Benjamin A. Powell/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN

TOzJennifer G. Newstead ( CN=Jennifer G. Newstead/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READIUNKNOWN


READzUNKNOWN


Pickering says dad,s nomination not linked to Lott,s problems

By William F. West / community editor

Dec. 18, 2002

U.S. Rep. Chip Pickering said his father,s nomination to the 5th Circuit

Court of Appeals should not be linked to debate over Trent Lott,s future

as Senate majority leader.

Pickering, the 3rd District congressman, also said Tuesday he believes

Lott is not racist despite comments the senator made that the nation would

be better off if then-segregationist Strom Thurmond was elected presidentin 1948.

&I know the man as one who is good-hearted*

nothing racist about who he

is or his work,8 said Pickering, a Republican who served as an aide to

Lott for 41/2 years before winning election to the House.

&He got up everyday and worked hard * whether it was Mississippi State and

Ole Miss or Jackson State and Alcorn State * to build our communities for

black and white Mississippians where we would have better jobs, better

schools, better health care.8

REV_00104879

Lott, who is set to become Republican majority leader of the Senate in

January, now finds himself and his job under fire because of the comments

he made Dec. 5 at Thurmond,s 100th birthday party.

Although Lott has repeatedly apologized for his remarks, some fellow

Senate Republicans are now questioning his ability to lead the party and

the Senate next year.

In addition, some have questioned whether the Senate should reconsider

Charles Pickering,s nomination to the 5th Circuit. Pickering is a judge on

the U.S. District Court for Southern Mississippi.

Both Lott and President Bush have made clear they want the judge to be

promoted to the 5th Circuit bench.

In March, when the Democrats controlled the Senate, members of the Senate

Judiciary Committee blocked Judge Pickering,s nomination by a 10—9 vote on

grounds that he was too conservative.

Some Democrats and other critics also say the judge is insensitive to

minorities *a claim his son, Chip Pickering, strongly denies.

&It is unfortunate that in what,s going on with Senator Lott today there

will also be opportunists who will want to use racial attacks and smear

campaigns to win their political agenda* not based on the real records or

the heart of a person,8 Chip Pickering said.

&But they will use race to divide and race to maintain political power and

gain political power,8 he said.

&And we need to condemn both forms of racial politics* whether it is

anyone in a leadership position who makes remarks that offends or hurts or

anyone that will try to use race as a wedge or a weapon to assassinate

someone,s character or record.8

REV_00104880


Sent: 1/8/2003 4:40:50 AM

Subject:'





SUBJECTzz


READzUNKNOWN


BODY:

President Bush, defending an embattled federal court nominee, accused

Senate Democrats on Wednesday of "playing politics" with the choice as his

spokesman said the civil rights record of some senators could come into

play during Charles Pickering's nomination fight.

Turning aside Democratic criticism about Pickering's civil rights record,

Bush waved his arms in disgust and said, "All of these allegations have

been looked at. He has been confirmed unanimously by the United States

Senate in the past."

Pickering and Bush were joined in the Oval Office by the judge's

supporters, including Mississippi Attorney General Mike Moore and several

Democratic elected officials. Charles Evers, the brother of slain civil

rights leader Medgar Evers, denounced "Yankees up here" and liberals

fighting Pickering's nomination. The federal appeal court nomination is

all but dead in the Senate. Bush launched the last—minute politicaloffensive to avoid criticism that he did not do enough on Pickering's

behalf, and to signal to the Senate that he won't roll over on his

judicial nominees.

The fight over Pickering's nomination to the federal appeals court is

viewed by the White House and Democratic foes as a dress rehearsal for the

clash that would likely ensue if a Supreme Court justice retires and Bush

is allowed to fill a vacancy on the high court.

Pickering, currently a federal district judge, has faced criticism from

women's, civil rights and liberal groups—

some of the same factions

likely to line up against a Bush pick to the Supreme Court.

The Democratic Party, in opposing the nomination, said in a recent news

release that Pickering wrote an article in May 1959 suggesting how a

loophole in Mississippi's statute banning interracial marriage could be

corrected to allow the state to criminally prosecute anyone whose spouse

is of a different race.

Bush and Pickering refused to address that and other specific allegationsabout Pickering's record.

"I think the country is tired of people playing politics all the time in

Washington," Bush said in a brief question-and-answer session designed to

bolster the nomination in advance on a Senate committee vote Thursday. "I

believe they are holding this man's nomination up for political purposes."

Afterward, Evers shrugged off criticism of Pickering's actions in the

1950s and 1960s. "Whatever he was then, he's not that now," Evers said.

Said Moore, the state's attorney general: "You won't see elected officials

stand up for a man if he's a racist."

Earlier, White House press secretary Ari Fleischer dismissed questions

REV_00105847

about Pickering's civil rights record.

"You're referring to something that took place over 40 years ago when he

was a law student. If actions taken by people 40 years ago were the

criteria, there'd be some senators who are voting on this nomination whose

very history would come into play," Fleischer said. "So I think what

you've seen is a nation that has changed."

He refused to single out any senator. Ironically, one of the Republicanswho support Pickering's nomination is Sen. Strom Thurmond, R-S.C., who ran

for president as a segregationist in 1948. In addition, Sen. Robert C.

Byrd, D—W.Va., was a member of the Ku Klux Klan briefly before he came to

Congress in the 19505, and Byrd has been a strong supporter of civil

rights.

Thurmond is a member of the Senate Judiciary Committee. Byrd is not. Sen.

Jeff Sessions, R—Ala., a member of the panel, was rejected for the federal

court bench in 1986 because of racially tinged remarks attributed to him.

All 10 Democrats on the committee say they will vote against the

nomination Thursday, enough to keep Bush's choice off the Senate floor.

Senate Majority Leader Tom Daschle, D—S.D., said Wednesday the nomination

won't go to the floor unless the panel approves it.

Bush wants to elevate Pickering to the 5th U.S. Circuit Court of Appealsin New Orleans, which serves Mississippi, Texas and Louisiana. Democrats

outnumber Republicans 10—9 on the Judiciary Committee, which is expectedto vote on the nomination Thursday.

Pickering, a former Mississippi prosecutor and lawmaker, easily won Senate

confirmation in 1990 as a U.S. District Court judge.

At least two Senate Democrats, Sens. Ernest Hollings of South Carolina and

Zell Miller of Georgia, have indicated they might vote for Pickering,

enough to confirm his nomination in the 50—49 Senate, if his nomination

makes it to the floor.

REV_00105848


Sent: 1/8/2003 5:17:23 AM

Subject: : from last Saturday's paper




CREATION DATE/TIME: 8-JAN-2003 lO:l7:23.00

SUBJECTzz from last Saturday's paper


READzUNKNOWN


Saturday, January 4, 2003

Helfrich will be sworn in Monday by PickeringLea CragerAmerican Staff Writer A new judge will take his seat on the 12th Circuit

Court District bench for the first time in 20 years Monday.U.S. District Judge Charles Pickering will swear in Bob Helfrich at ll

a.m. in the Forrest County Courthouse's Circuit Courtroom.

Helfrich, 49, said he chose Pickering for the ceremony out of respect."It's very likely that he'll be going to the (U.S.) Court of Appeals," he

said. "He ought to be going to the Court of Appeals. I've just got a lot

of respect for Judge Pickering. You have to realize that in the '60s,

Judge Pickering testified against Sam Bowers. He's a man from Jones Countywho testified against Sam Bowers and the Klan of Jones County. That took a

lot of courage."President Bush last year nominated Pickering for the U.S. 5th Circuit

Court of Appeals, but Democratic senators blocked the appointment.Bush has said he will renominate Pickering this year for the vacancy.

Helfrich, a former assistant district attorney, defeated five—term

incumbent Dicky McKenzie in November.

As a prosecutor, Helfrich prosecuted Jones County Klan leader Sam Bowers

in 1998 for the 1966 fire—bombing death of Vernon Dahmer.

Helfrich said he wants to establish a court docket to help clear the

backlog of cases, which he estimates to be in the thousands. And he

expects to begin work immediately."We're going to select a grand jury for this term at 9 a.m. before the

ceremony," Helfrich said. "I've got to sit down and go over what's been

pre—set and see what we can work around to get into. We're trying to getmoved in and get this place organized now."

REV_00105852


Sent: 1/10/2003 7:56:35 AM

Subject: : Sov Commission point




CREATION DATE/TIME: lO-JAN-2003 l2 : 56: 35 . 00

SUBJECT:: Sov Commission point


READ 2 UNKNOWN


Letter from Charles Harrison, first African American hired in Laurel Miss

police department:

"County Attorney Charles Pickering worked with the FBI to investigate and

prosecute violent KKK members, and even testified against the ImperialWizard of the KKK, Sam Bowers. He put his, his wife's, and his children's

lives at risk by doing this. If any person would have mentioned union

activity to me that affected Jones County, I would have asked about it,

too, as would anyone who knew the violent history of unions at the

Masonite plant. That would have nothing to do with segregation. It would

have had to do with protecting people, black and white, from violence. In

the end, the Sovereignty Commission allegations only prove that Charles

Pickering fought against the Klan and for the people of Jones County."

REV_00106137

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: Heather Wingate/WHO/EOP@EOP [ WHO ] <Heather Wingate>;AshIey Snee/WHO

/EOP@Exchange@EOP [ WHO ] <Ash|ey Snee>

Sent: 1/26/2003 11:38:26 AM

Subject: : article on Pickering in Kansas City Star (largely positive)




CREATION DATE/TIMEz26-JAN-2003 16:38:26.00

SUBJECTzz article on Pickering in Kansas City Star (largely positive)TOzHeather Wingate ( CN=Heather Wingate/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

TOzAshley Snee ( CN=Ashley Snee/OU=WHO/O=EOP@Exchange@EOP [ WHO ] )

READ : UNKNOWN


Cross—burning case haunts judge's nomination

By MATT STEARNS

The Kansas City Star

WASHINGTON — A cross burning nine years ago in rural Mississippi is at the

center of a Washington political battle.

Judge Charles W. Pickering Sr., renominated by President Bush to a seat on

the Fifth U.S. Circuit Court of Appeals, presided over the 1994 case as a

federal district court judge. He intervened to obtain a lesser prisonsentence for one of three defendants in the case.

His opponents say that helps prove Pickering is racially insensitive. His

supporters say it shows he is a fine judge who correctly questioned the

fairness of a young man's sentence. Both sides also point to separate--

and usually incomplete——

aspects of Pickering's civil rights record.

Pickering‘s future likely will be determined by which view prevails in the

U.S. Senate at a time when both parties are sensitive to racial politics.Last year the then—Democratic—controlled Senate Judiciary Committee

rejected his nomination for the same job over largely the same issues.

After last month's furor over comments by Republican Sen. Trent Lott of

Mississippi that many interpreted as praising the era of segregation, some

were surprised that President Bush nominated Pickering again, especially

given the close ties between Lott and Pickering.On Friday, Republican Sen. Orrin Hatch of Utah, the chairman of the

Judiciary Committee, said Pickering would get a new hearing before the

committee later this year.

Senate Democrats promise to make the nomination a big battle.

"Why anyone would go the whole nine yards, and then some, to get a lightersentence for a convicted cross—burner is beyond me," said Sen. Charles

Schumer of New York in threatening a filibuster earlier this month. "Why

anyone would do that in l994, and in a state with Mississippi's sad

history of race relations, is simply mind—boggling."But a close look shows that while Pickering did act unusually, he did not

appear to take cross burning lightly. Also, Pickering's civil rightsrecord cannot be as easily characterized as his opponents

——

or his

supporters—— have insisted.

Like many white Southerners who grew up during segregation and came of age

when it was being dismantled, the 65—year—old Pickering's relationshipwith civil rights can best be described as complex and inconsistent.

"For his age and the time period—— the mid—'50s to the mid—'80s ——

you're

going to see a lot of people who changed, and people who didn't know they

changed, and people who changed more than others," said Charles Eagles, a

history professor at the University of Mississippi.To be sure, Pickering's civil rights record is hardly unblemished, and his

supporters try to dismiss the unflattering elements of it. As a law

student in 1959, he wrote a law review article explaining how Mississippicould strengthen its law banning interracial marriage. He was coy with the

REV_00107381

Senate Judiciary Committee when asked about the nature of his relationshipwith the racist Mississippi Sovereignty Commission in the 1970s.

As a federal judge, he questioned the underlying foundations of key civil

rights laws in several cases.

Still, Pickering's opponents tend to ignore that as a young lawyer in the

1960s, he aided in the prosecution of a Ku Klux Klan leader, and that he

sent his children to public schools after many other well—to—do white

Mississippians had abandoned the integrated public education system.

Pickering‘s mixed record is something for his opponents to exploit—— and

it is easier than taking on his conservative views on other social and

judicial issues.

"It's hard to attack someone solely on the basis of ideology,’ said

Laurence Moreland, a professor at the Citadel, a military college in

Charleston, S.C. "So they have to look for something beyond acceptance,and race provides an opening." Moreland specializes in Southern politics.The cross-burning incident that came before Pickering occurred in the

front yard of an interracial family, and Daniel Swan and two other young

men were charged.Two other defendants --

one of whom was judged mentally incompetent; the

other was a juvenile——

pleaded guilty to lesser charges and served no

prison time. Swan, then 20, went to trial and was found guilty. Federal

sentencing guidelines called for Swan to serve 71/2 years.

Given the other defendants' plea agreements, Pickering told attorneys in

the case that he thought the sentence Swan faced was "draconian,"

especially since he had not been a leader in the cross burning and had no

history of racial animosity—— unlike the juvenile defendant.

Pickering asked prosecutors to drop a charge that added five years to the

sentence and called a Justice Department official to hasten the request,which eventually was granted.Some legal scholars say Pickering can be legitimately criticized for

acting injudiciously in lobbying on behalf of a defendant before his

court, and seeming to strong—arm prosecutors.

Pickering‘s supporters say he exhibited judicial common sense in trying to

ensure parity for a defendant. He has done so in other cases, they say,

including at least one involving an African—American defendant.

Pickering is not alone among federal judges in questioning the mandatory

sentencing guidelines. The guidelines came into use in the mid—1980s

because of concerns about lenient judges as the crack cocaine epidemic

raged.

They give judges little leeway in sentencing. Retired U.S. District Court

Judge Stanley Sporkin, a Reagan appointee, has called them "terrible....

What guidelines do is they say one size fits all."

As the Pickering debate has played out, his opponents have used some

exaggeration. They say he acted inappropriately in meeting privately with

prosecutors. He testified before the Senate Judiciary Committee, however,

that he met with attorneys for both sides at the same time, which would

not be unusual.

It has also been reported that shots were fired into the family's home the

night of the cross burning, just missing a sleeping toddler. In fact, the

shots were fired into the home during another incident that did not

involve Swan.

Swan was ultimately sentenced to more than two years in prison. At Swan's

sentencing, Pickering spoke harshly: "The type of conduct that you

exhibited cannot and will not be tolerated. You did that which does hinder

good race relations and was a despicable act."

To reach Matt Stearns, Washington correspondent, call (202) 38376009

I

REV_00107382

From: Leitch, David G.

To: <Gonzales, Alberto R.>;<Kavanaugh, Brett M.>

Sent: 5/12/2003 7:28:19 AM

Subject: From the Hattiesburg American

Pickering is good man, finejurist

Give Judge Charles Pickering a fair hearing.

This is our plea to members of the US. Senate Judiciary Committee.

Pickering, who is President Bush's nominee to the US. 5th Circuit Court of Appeals in New Orleans, is tentatively scheduled

to meet with the committee some time before Memorial Day.

Liberal Democrats on the committee blocked Pickering's confirmation last year. And if recent judiciary proceedings are any

indication of what might befall the nominee, Pickering could be in for another rough ride.

This would be unfortunate - and highly unfair.

The nominee is a skilled jurist and a man of character.

Whether he is confirmed or not, Pickering deserves what every judicial nominee is entitled to: A fair, impartial hearing.

Liberals Democrats have twisted Pickering's record and a few of his legal decisions to suit their political biases. In recent

weeks, they've used this modus operandi to sack two of the president's other judicial appointees: Texas Judge Priscilla

Owen to the U.S. 5th Circuit Court of Appeals, and Hispanic lawyer Miguel Estrada to the US. Court of Appeals for the

District of Columbia.

Pickering‘s opponents have attempted to portray the judge as a racist. (Case in point: Pickering's opponents cite the judge's"lenient" decision in a cross-burning case as evidence. Pickering says he reduced the sentence for a man convicted of cross

burning because others involved in the case received lighter sentences.)

Pickering is not a racist.

In fact, nothing could be further from the truth.

And let it be noted that some key members of Mississippi's African American community who have studied Pickering's record

and his character concur with this conclusion.

Just last week, state Rep. Phillip West, D-Natchez, the head of the 45-member Mississippi Legislative Black Caucus,

created a stir when he reversed his previous position and threw his support behind Pickering - a decision that puts West at

odds with the black caucus, which opposes the Pickering nomination.

"He struck me as a sincere person," said West.

Others who've given Pickering a fair hearing have reached a similar conclusion.

Unfortunately, the liberal bias against the conservative Pickering is already rearing its ugly head - even in the media.

Last week, George Clark, the Hattiesburg American‘s chief photographer, was contacted by representatives at the New

York Times, the Washington Post, the Los Angeles Times and other media outlets.

Each of these publishing giants sought the same thing - a photograph of the cross-burning incident cited above.

When Clark told them the Hattiesburg American didn't have a photograph of the cross-burning incident - but that we did have

other file art of Pickering - they told him "thanks but no thanks."

Apparently the cross-burning case, the facts of which liberals have skewed to fit their presuppositions and validate their

conclusions, constitutes the sine qua non ("without which there is none") of their interest in the nominee.

REV_00118007

Why didn't these media outlets ask whether the American had any file art of Pickering testifying against Ku Klux Klansman

Sam Bowers in 1968? Or of Pickering's efforts as a state lawmaker to bring about racial reconciliation in Mississippi?

Alas, we already know the answer to these questions.

Give Pickering a fair hearing.

To do anything less would be an injustice to a good and decent man.

REV_00118008

From: Rena Johnson) ( [email protected] (Rena Johnson) [ UNKNOWN]To: Pat.O'[email protected][ UNKNOWN] <Pat.O‘[email protected]>;Noel J. FrancisooNVHO

/EOP@EOP [WHO] <Noe| J. Francisco>;|[email protected][ UNKNOWN]

<|[email protected]>;[email protected][ UNKNOWN ]

<[email protected]>;Heather Vanate/WHO/EOP@EOP [ WHO ] <Heather

Wingate>;[email protected][ UNKNOWN ]

<[email protected]>;Brett M. Kavanaugh/WHO/EOP@EOP [WHO ] <Brett M.

Kavanaugh>;John Mashburn) ( John_Mashburn@|ott.senate.gov (John Mashburn) [ UNKNOWN ]

<[email protected]>;Ed Haden) ( [email protected](Ed Haden) [UNKNOWN ] <[email protected]>

Sent: 2/24/2002 11:13:43 AM

Subject: : NYT on PickeringAttachments: P_O FTM5003_WHO.TXT_1 .w pd



CREATOR:[email protected] (Rena Johnson) (

Rena [email protected] (Rena Johnson) [ UNKNOWN ] )

CREAIION DATE/TIMEz24-FEB-2002 16:13:43.00

SUBJECTzz NYT on Pickering

TO:Pat.O'[email protected] ( Pat.O'[email protected] [ UNKNOWN ] )

READzUNKNOWN

TOzNoel J. Francisco ( CN=Noel J. Franoisco/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

[email protected] ( [email protected] [ UNKNOWN ] )

READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN


READzUNKNOWN

TO:[email protected] (John Mashburn) ( [email protected] (John

Mashburn) [ UNKNOWN ] )

READzUNKNOWN

TO:[email protected] (Ed Haden) ( [email protected] (Ed Haden) [

UNKNOWN ] )

READzUNKNOWN


Well, the good press couldn't last forever. In case you haven't seen it .

— NYT ed 022402.wpdATT CREATION TIME/DATE: O 00:00:00.00

File attachment <P_OFTM5003_WHO.TXT_l>

REV_00140695

From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO ]To: David G. Leitch/WHO/EOP@EOP [ WHO ] <David G. Leitch>;AIberto R. Gonzales/WHO

/EOP@EOP [WHO] <A|berto R. Gonzales>

Sent: 1/6/2003 3:55:04 AM

Subject: : Pickering story




CREATION DATE/TIME: 6—JAN—2003 08:55:04.00

SUBJECTzz Pickering storyTOzDaVid G. Leitch ( CN=DaVid G. LeitCh/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN


READzUNKNOWN


interesting tidbit from yesterday's paper. The MS prosecutor who

prosecuted Klan leader Sam Bowers in 1998 has asked Judge Pickering to

swear him in today.

Helfrich will be sworn in Monday by PickeringLea CragerAmerican Staff Writer A new judge will take his seat on the 12th Circuit

Court District bench for the first time in 20 years Monday.U.S. District Judge Charles Pickering will swear in Bob Helfrich at 11

a.m. in the Forrest County Courthouse's Circuit Courtroom.

Helfrich, 49, said he chose Pickering for the ceremony out of respect."It's very likely that he'll be going to the (U.S.) Court of Appeals," he

said. "He ought to be going to the Court of Appeals. I've just got a lot

of respect for Judge Pickering. You have to realize that in the '60s,

Judge Pickering testified against Sam Bowers. He's a man from Jones Countywho testified against Sam Bowers and the Klan of Jones County. That took a

lot of courage."President Bush last year nominated Pickering for the U.S. 5th Circuit

Court of Appeals, but Democratic senators blocked the appointment.Bush has said he will renominate Pickering this year for the vacancy.

Helfrich, a former assistant district attorney, defeated five—term

incumbent Dicky McKenzie in November.

As a prosecutor, Helfrich prosecuted Jones County Klan leader Sam Bowers

in 1998 for the 1966 fire—bombing death of Vernon Dahmer.

Helfrich said he wants to establish a court docket to help clear the

backlog of cases, which he estimates to be in the thousands. And he

expects to begin work immediately."We're going to select a grand jury for this term at 9 a.m. before the

ceremony," Helfrich said. "I've got to sit down and go over what's been

pre—set and see what we can work around to get into. We're trying to getmoved in and get this place organized now."

REV_00155821

From: [ UNKNOWN] <Goeg|ein, Tim>

To: <Kavanaugh>;/EOP/FIRST ADMINISTRATIVE GROUP/RECIPIENTS/6246020—

CZOFEE19-852569DA-7648DC [ UNKNOWN] <Brett M_>

CC: <Ralston>;[email protected] [ WHO ] <Susan B.>

Sent: 1/9/2003 6:03:17 AM

Subject: Bush Renominates Pickering, 30 Other JudgesAttachments: P_CX19000674POERS_WHO.TXT_1 .html


RECORD TYPE: PRESIDENTIAL (MS Mail)

CREATOR:Goeglein, Tim ( [ UNKNOWN ] )

CREATION DATE/TIME: 9-JAN-2003 ll:O3:l7.00

SUBJECTzBush Renominates Pickering, 30 Other Judges

TO:Kavanaugh, Brett M. ( /O=EOP/OU=FIRST ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=6246020-

C20FEE19—852569DA—7648DC [ UNKNOWN ] )

READzUNKNOWN

CC:Ralston, Susan B. ( [email protected] [ WHO ] )

READzUNKNOWN


fyi

tsg

—————————————————————— Forwarded by Tim Goeglein/WHO/EOP on 01/09/2003 11:06

GOPUSA News Update <[email protected]>

01/09/2003 11:04:57 AM

Record Type: Record

To: Tim Goeglein/WHO/EOPGEOPCCZ

Subject: Bush Renominates Pickering, 30 Other Judges

- attl.htm <<attl.htm>>

ATT CREATION TIME/DATE: 0 00:00:00.00

File attachment <P_CX19000674POERS_WHO.TXT_1>

REV_00155952

REV_00155953

From: CN=Benjamin A. Powell/OU=WHO/O=EOP [ WHO ]To: Noel J. Francisco/WHO/EOP@EOP [ WHO ] <Noe| J. Francisco>

CC: Brett M. Kavanaugh/WHO/EOP@EOP [ WHO ] <Brett M. Kavanaugh>Sent: 1/10/2003 4:43:09 AM

Subject: : Pickering Op-Ed



CREATORzBenjamin A. Powell ( CN=Benjamin A“ Powell/OU=WHO/O=EOP [ WHO ] )

CREATION DATE/TIMEle-JAN-2003 09:43:09.00

SUBJECTzz Pickering Op—Ed

TO:Noel J. Francisco ( CN=Noel J. Francisco/OU=WHO/O=EOP@EOP [ WHO ] )

READzUNKNOWN

CCzBrett M. Kavanaugh ( CNZBrett M. Kavanaugh/OUZWHO/OZEOP@EOP [ WHO ] )

READzUNKNOWN


OpiEd on Pickering from Mobile Register:

Attack on Pickering shows rank hypocrisy

Ol/lO/O3

PUT YOURSELF, hypothetically, in the shoes of a Democrat in the U.S.

Senate.

President Bush has nominated a federal district judge from Mississippi to

be promoted to the Fifth Circuit Court of Appeals, and you must decide

whether to approve the nomination. But this judge isn't a stereotypical

Mississippi Republican.

Back in 1967, he testified in a murder trial against members of the Ku

Klux Klan when it likely was dangerous to do so—— and lost his run for

re-election as a local prosecutor as a result. He has testified that he

believes anti—miscegenation statutes are unconstitutional. He led the

effort to establish the Institute of Racial Reconciliation at the

University of Mississippi.

Black leaders in Mississippi, including four of the five black city

council members in his hometown of Laurel, support the judge's promotion

almost unanimously. The fifth councilman objects on the odd grounds that

the judge worked in favor of integrating a school system. And Charles

Evers, brother of slain civil rights leader Medgar Evers, wrote a column

for The Wall Street Journal supporting the judge.

It is true that the judge has been criticized for efforts to reduce the

sentence of a man convicted in a cross—burning case. But prosecutors from

the Civil Rights Division of President Clinton's Justice Department

eventually agreed that the judge was correct -- in part, effectively,

because they had erred by letting the two more culpable violators in the

three-person crime escape with no prison sentences at all.

When the judge sentenced the third man to 27 months in jail, the judge

told him: "The type of conduct that you exhibited cannot and will not be

tolerated. ... You did that which does hinder good race relations and was

a despicable act. ... I would suggest to you that during the time you're

in prison that you do some reading on race relations and maintaining good

race relations."

Frank Hunger, the assistant U.S. attorney general under Janet Reno, had

spoken at length about the case with the judge. Mr. Hunger, an active

Democrat, is Al Gore's brother—in—law. Mr. Hunger supports the judge's

nomination.

For that matter, the American Bar Association —— called by Senate

Democrats "the gold standard" in determining a nominee's fitness —— has

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proclaimed the judge "well qualified" for the new post.

Back in 1990, both the Judiciary Committee and the full Senate approved

the nominee ——

unanimously—— for the district judgeship he now holds.

Among today's leading Senate Democrats who approved the nomination then

are former Judiciary Committee Chairman Pat Leahy of Vermont, Ted Kennedy

of Massachusetts, and potential 2004 presidential contender Joseph Biden

of Delaware.

If you're a Senate Democrat, wouldn't you feel good about voting for this

judge?

Maybe so, but the Democrats on the Judiciary Committee last year killed

the nomination of this judge, Charles Pickering, without even letting it

receive a vote by the full Senate. They said they objected to his ruling

on the cross—burning case, and on a theoretical legal essay on interracial

marriage that he wrote in 1959.

Now that President Bush has renominated Judge Pickering, New York's senior

Democratic senator, Charles Schumer, says the nomination is evidence that

the Bush administration "wants the courts to become the sword that

destroys" the "basic civil rights in this country."

Sen. Schumer's attack on Judge Pickering is despicable. The Senate ought

to confirm the judge's promotion, and quickly.

Copyright 2003 al.com. All Rights Reserved.

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From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO To: Ken … · 2019-04-09 · CC:Anne Womack...

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Transcript of From: CN=Brett M. Kavanaugh/OU=WHO/O=EOP [ WHO To: Ken … · 2019-04-09 · CC:Anne Womack...