By
The Associated Press
WASHINGTON - With confirmation virtually assured, the Senate Democratic leader said yesterday it would be troubling if his party couldn't produce at least 30 votes against Attorney General nominee John Ashcroft.
Sen. Thomas Daschle, D-S.D., told reporters he hoped 41 of his party's 50 senators would oppose Ashcroft to signal to the Bush administration that the Democrats have the clout to block future nominations. Forty-one votes would sustain a filibuster and block a vote, although Democrats said Tuesday they would not use the delaying tactic against Ashcroft.
Daschle commented as senators debated the nomination, with supporters calling Ashcroft a man of integrity and opponents questioning whether his conservative positions on civil rights, abortion and other issues would influence his decisions in the Justice Department.
With all 50 Republicans apparently supporting Ashcroft and several Democrats publicly committed to joining them, confirmation is virtually assured when the Senate votes.
The leading opponent, Sen. Edward Kennedy, D-Mass., said Ashcroft - Missouri governor and state attorney general - fought school desegregation and exploited "racial tensions to promote his campaign for governor." He called Ashcroft's actions "an outrage against the children of Missouri."
The leader of Ashcroft's backers and the Judiciary Committee chairman, Sen. Orrin Hatch, R-Utah, countered that the nominee is "a man of deep faith and integrity" who "deserves to be given the benefit of the doubt when he commits to us under oath that he will enforce and uphold the rule of law regardless of his personal or religious beliefs."
Democrats have not tried to count votes among their members. But Daschle said, "I think that it would be troubling if our caucus was not able to surpass 30 votes on this issue just because I think there are so many prominent questions at the heart of this debate."
Daschle said he's not certain whether more than 40 Democrats will oppose Ashcroft, but he said such a total "would be the strongest statement I think we could make" for blocking future legislation or nominations.
The Judiciary Committee voted 10-8 Tuesday to send the Ashcroft nomination to the floor, where the political landscape changed when Kennedy dropped consideration of a filibuster.
Instead of 60 votes that would be needed to end the delaying tactic, Ashcroft supporters only need a simple majority of the 100-member Senate to send Ashcroft to the Justice Department.
None of the Senate's 50 Republicans have wavered in their support of Ashcroft, and several Democrats have announced their backing for the former Missouri senator. Russell Feingold D-Wis., voted with nine Republicans in committee to advance the nomination.
Ever since Kennedy said he would consider delaying a vote, members of the Democratic leadership balked at the idea - especially Daschle, who nonetheless announced his opposition to Ashcroft on Tuesday. Senate Majority Leader Trent Lott, R-Miss., said he hoped for a final vote today.
As the Judiciary Committee convened Tuesday, it was clear that all nine Republicans would back Ashcroft, but two of the nine Democratic votes - Wisconsin senators Herb Kohl and Feingold - were uncertain.
Even before he spoke, Kohl distributed a written statement that he read moments later, announcing his opposition. Kohl said Ashcroft "will not be the people's lawyer" and "will push and prod the law to conform to his own strongly held beliefs."
"Because I believe his views are far out of the mainstream of American life, my vote will be no," he said.
That left Feingold, who gave no hint of his decision until he spoke during the committee meeting.
With representatives of liberal groups grim-faced in the back of the room, Feingold announced he reluctantly would support the nomination.
Feingold called his support "an olive branch" to the new GOP White House but "not a white flag." He urged Bush to renominate for a U.S. judgeship Ronnie White, a black Missouri Supreme Court judge whose nomination to the federal bench failed in the face of an Ashcroft-led campaign against him.
White, a witness against Ashcroft during hearings two weeks ago, accused the former senator of grossly distorting his record on the death penalty. Other Ashcroft critics argue he did that for political gain.
The committee's Democrats assailed Ashcroft's record, contending he opposed school desegregation while he was Missouri attorney general and governor; refused to support abortions even in cases of rape and incest; and, in addition to opposing White, worked against the nomination of an ambassador, James Hormel, because he is gay.
