Senators say Olson nomination problems being worked out

From Dana Bash
CNN Capitol Hill Producer

WASHINGTON (CNN) -- Republican and Democratic leaders on the Judiciary Committee say they were attempting to work out problems surrounding Theodore Olson's nomination as solicitor general.

That word came Friday, one day after the committee deadlocked along party lines over President Bush's nominee.

All nine Republicans voted for the nomination, but the nine committee Democrats voted against Olson because of what they said was insufficient proof he was truthful about his involvement with anti-Clinton groups.

Olson gained prominence late last year during the post-election recount battle in Florida. He argued Bush's case before the U.S. Supreme Court, which closed the door to further hand counts that had been sought by Democratic candidate Al Gore.

Under rules governing tie votes in evenly divided Senate committees, Majority Leader Trent Lott, R-Mississippi, will be able to bring the Olson nomination to the Senate floor for consideration.

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Investigative steps

Judiciary Chairman Orrin Hatch, R-Utah, and ranking Democrat Patrick Leahy, D-Vermont, issued a joint statement Friday saying they were now in discussions to "address specific concerns that members of the Senate might have prior to the confirmation vote."

A spokesman for Leahy said they were in agreement to take "bipartisan investigative steps that include interviews" to answer some of the Democrats' questions.

Leadership aides on both sides of the aisle said Lott and Senate Minority Leader Tom Daschle, D-South Dakota, were in discussions with Hatch and Leahy Friday to "tone down the rhetoric," according to one aide, and allay some of the Democrats' concerns to avoid a floor fight and filibuster on Olson's nomination.

Republicans have accused Democrats of playing the politics of revenge and Friday, independent-minded Democratic Sen. Zell Miller of Georgia issued a statement with a similar charge.

"I have respect and affection for my Senate colleagues, but I can't help but wish that among us there was more getting along than getting even," Miller said.

"It seems sometimes as if there were this never-ending, back-and-forth, partisan pingpong game of revenge going on all the time," Miller added.

Democrats, who said the post of solicitor general was akin to a 10th Supreme Court justice, said they could not be sure Olson was up to the job without further proof of his credibility.

Arkansas Project link?

Before voting Thursday, Leahy said he wanted a bipartisan inquiry into whether Olson was evasive in describing his ties to the conservative American Spectator magazine and its "Arkansas Project" investigation into Bill and Hillary Clinton.

"I have become increasingly concerned that he's not showing a willingness or ability to be sufficiently candid and forthcoming with the Senate," Leahy said. "And without that candor and without being so forthcoming, I would have difficulty in having confidence in his abilities to carry out the responsibilities of solicitor general and to be the voice of the United States."

But Hatch such an inquiry was unnecessary because Olson satisfactorily responded in writing this week to outstanding questions.

"I am convinced that these responses show no inconsistencies or evidence that Mr. Olson misled or was less than truthful to the committee in any way. Rather, they show him to be forthright and honest," Hatch said.

Leahy said he wants to see documents pertaining to Olson's involvement and payments for the "Arkansas Project." That investigation of the Clintons was funded by conservative millionaire Richard Mellon Scaife.