Senate debating Ashcroft nomination

Hatch (R-Utah), left, does not believe Ashcroft deserves the 'misleading' criticism, while Leahy (D-Vermont) says things have been handled 'fairly'

By Ian Christopher McCaleb/CNN

WASHINGTON (CNN) -- The Senate opened a full day of debate Wednesday on former Sen. John Ashcroft's nomination by President Bush to lead the Justice Department, with Republicans accusing Ashcroft's critics of smearing a "kind" and "fair" man, and Democrats pointing out that though they have concerns about the appointment, they could be making the process a lot more painful.

"We have handled this fairly," said Sen. Patrick Leahy, D-Vermont, the ranking Democrat on the Senate Judiciary Committee, as he spoke against the Ashcroft nomination on the Senate floor.

The Judiciary panel voted 10-8 Wednesday to recommend Ashcroft's confirmation, capping two tense weeks of hearings and chamber infighting that saw Ashcroft questioned publicly for two straight days -- and a small parade of witnesses brought in to speak for and against the possibility that the former senator, Missouri governor and attorney general could become the nation's highest-ranking lawyer.

Every Republican on the Judiciary panel voted in favor of Ashcroft on Tuesday. Only one Democrat crossed party lines to join them -- Sen. Russ Feingold of Wisconsin.

Opening debate on the Senate floor Wednesday morning, Sen. Orrin Hatch, R-Utah, the chairman of the Judiciary Committee, said Ashcroft does not deserve the sustained criticism leveled by a number of left-leaning advocacy groups, many of which have expressed alarm that Ashcroft could attempt to incrementally roll back statutes guaranteeing abortion-on-demand.

Ashcroft longstanding conservative political and religious views and have been highlighted by his regular critics, who say they do not think he will adequately enforce civil rights laws, and argue that his religious beliefs simply will not allow him to enforce standing laws with which he may philosophically or morally disagree.

"Ashcroft," Hatch said, is a "religious, thoughtful and kind man who has a reputation of being fair in office. I personally resent those who try to impugn him or say otherwise."

Hatch continued by accusing "narrow left-wing interest groups" of painting a "misleading" picture of Ashcrofts's record, and said Ashcroft's confirmation hearing pledge to enforce all standing was representative of Ashcroft as a lawyer and as a man.

"Of the 67 attorneys general we have had, only a handful have come close to the qualifications that John Ashcroft possesses," Hatch said. "He has always been committed to equal justice and opportunity for all."

Leahy, following Hatch on the floor, brought up one of those 67 to make a point.

Edwin Meese, attorney general through most of Ronald Reagan's second term, endured a bruising confirmation process in the then-Democratically controlled Senate in 1985.

Republicans troubled by the criticism of Ashcroft, Leahy hinted, should count their blessings.

"With Edwin Meese, it took considerably longer, with far more witnesses and questions, than we are having in this debate," the Vermont Democrat said.

The White House, Leahy argued, only sent Ashcroft's official nomination to the Senate two days ago. With debate already advancing to the Senate floor, and Sen. Edward Kennedy's pledge not to orchestrate a filibuster, the confirmation process could be over by Friday morning at the latest.

Still, Leahy said, Bush's choice of the right-leaning Ashcroft over the more moderate former Montana Gov. Marc Racicot, who reported to be his first choice, signaled an unwillingness on the part of conservative Republicans and the Bush administration to acknowledge the messages sent by this past year's presidential election.

"We have to consider the historical context of this debate," Leahy said. "One person gets a half-million more votes, and the other becomes president… by one electoral vote after a recount.

"I think he has an obligation to try to unite this country and not to divide this country," Leahy said. "But the Ashcroft nomination does meet the standard the president set (in his inaugural address). It does not inspire confidence in the United States Department of Justice."

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