THE RECORD COVER AN ARRAY OF ISSUES THAT HE HAS BEEN INVOLVED
           IN THAT INDICATE HE IS QUALIFIED. AN ARRAY OF ISSUES. THE
           DETAILED REMARKS WILL SHOW THAT IN FACT HE HE FORCED LAWS IN
           HIS STATE AS ATTORNEY GENERAL THAT WERE IN CONSISTENT WITH HIS
           BELIEFS. AND YOU KNOW WHAT?
           ATTORNEY GENERAL APRIL CROSS AMERICA ARE DOING THAT ALL THE
           TIME. THEY ARE ELECTED BY THE PEOPLE AND THE PEOPLE NOPE THAT
           THEY DIFFICULT IN. RESPECTS AND THEN GO IN AND WHAT DO THEY DO?

           THEY FOLLOW THE LAW. AND HE IS GOING TO FOLLOW THE LAW. THE ONE
           DIFFERENCE IS IN THIS RESPECT VS. MANY OTHER ATTORNEY GENERALS,
           HE IS A REAL LAWYER. HE WILL AN REAATTORNEY GENERAL. EMRUN THAT
           PLACE BECAUSE HE HAS HAS THE INTELLECTUAL GAS IF I AND
           ORGANIZATIONAL ABILITY AND THE DESIRE TO BE A GREAT ATTORNEY
           GENERAL. NOW, MR. PRESIDENT, I AM VERY PLEASED AND I
           CONGRATULATE THE LEADERSHIP HERE ON OUR SIDE ON -- AND ON THEIR
           SIDE FOR FINALLY DECIDING WE WOULD VOTE TODAY, NOT TOO LONG

           FROM NOW, AND I'M HOPING THAT HE WILL BE CONFIRMED. I DON'T
           KNOW WHAT THIS MAGICAL NUMBER OF WHETHER THE DEMOCRATS CAN GET
           40 OR 4 IS ALL ABOUT. BUT I SURELY WOULDN'T LIKE TO BE A
           SENATOR ON THE OTHER SIDE WHO IS TOLD WE NEED YOUR VOTE SO WE
           CAN GET 41 VOTES AGAINST THIS MAN. WHAT DOES THAT MEAN?
           ISN'T THAT SOME REASON TO VOTE AGAINST THIS CANDIDATE?
           TO ME, IF I WERE ON THAT SIDE AND SOMEBODY TOLD ME WE ONLY HAVE
           39 AGAINST HIM, WE NEED YOU TO MAKE 40 AND THEN TOLD SOMEBODY
           ELSE 4, I WOULD SAY DON'T YOU THINK I OUGHT TO DECIDE WHETHER I
           WANT TO VOTE FOR HIM?

           WHAT IS THIS 49, 40 OR 4 MEAN. I DONE UNDERSTAND IT, ACCEPTING
           SOMETHING SOME THINK THAT MEANS STRENGTH.
           

           A SENATOR: WILL THE SENATOR YIELD.
           

           MR. DOMENICI: I AM FINISHED THEN I WILL YIELD. IT IS STRENGTH.
           MEANINGS YOU CAN DEFEAT THE NEXT PERSON THE PRESIDENT SENDS UP
           AS SUPREME COURT JUDGE. NOBODY KNOWS WHO HE WILL SEND WHAT THE
           PHILOSOPHY WILL BE. PURE SPECULATION. AND THEY ARE ASKING
           SENATORS TO VOTE SO THAT THEY CAN HAVE THAT KIND OF MESSAGE. TO
           THOSE WHO ARE WORRIED ABOUT CANDIDATES WHO ARE CONSERVATIVE
           LIKE THIS MAN. I DON'T REALLY THINK IT MATTERS TOO MUCH IF IT
           IS 39, 38, 40 OR 41. HE IS GOING TO BE ATTORNEY GENERAL. AND I
           TELL YOU, I REALLY PREDICT HE WILL BE A GOOD ONE. A VERY GOOD

           ONE. I YIELD THE FLOOR. LEE LEE MR. PRESIDENT?
           I REFER LIES WE ARE ON THE TIME OF THE DISTINGUISHED SENATOR
           FROM UTAH BUT I WANT TO TAKE 30 SECONDS TO RESPOND TO WHAT MY
           FRIEND FROM NEW MEXICO SAID. I APPRECIATE HIM COMMENDING BOTH
           SIDES NOR MANAGING THIS. BHUFM I WOULD TELL MINE FRIEND FROM
           NEW MEXICO THIS SENATOR HASN'T ASKED, URGED, ORCA JOLD ANY
           SENATOR NO VOTE ONE WAY OR THE OTHER. I HAVE NOT LOBBIED ONE
           SINGLE SENATOR IN THIS BODY OR TOLD HIM HOW FAR I EXPECTED HIM

           TO VOTE. THE ONLY TIME I HAVE HEARD TELL THE SENATOR FROM NEW
           MEXICO IN I COULD HAVE HIS ATTENTION, THE ONLY NUMBERS I HAVE
           HEARD EXPRESSED WAS FROM THE REPUBLICAN LEADERSHIP WHEN THEY
           STAILTED BEFORE HEARINGS BEGAN, BEFORE ONE MINUTE OF HEARINGS
           WERE HELD, THAT ALL 50 REPUBLICAN SENATORS WERE EXPECTED TO,
           AND WOULD VOTE FOR SENATOR ASHCROFT, AND OF COURSE PLUS VICE

           PRESIDENT CHENEY, WHICH WOULD MAKE A MAJORITY. I DO ALSO
           APPRECIATE HIM SAYING TO VOTE I WOULD POINT OUT THIS MATTER
           CAME TO A VOTE MUCH QUICKER THAN THE LAST CONTESTED ATTORNEY
           GENERAL, WHICH WAS IN PRESIDENT REAGAN'S TERM, WITH A
           REPUBLICAN CONTROLLED SENATE, WHERE THEY TOOK ABOUT 10 MONTHS
           TO BRING IT TO A VOTE. WE HAVE DONE THIS, THE NOMINATION PAPERS
           ARRIVED MONDAY, WE VOTED IN THE COMMITTEE ON TUESDAY, AND WE
           ARE GOING TO HAVE A FINAL VOTE ON THURSDAY.
           

           THE PRESIDING OFFICER: THE SENATOR FROM UTAH.
           

           MR. HATCH: WE ARE AT THE END OF THIS DEBATE. WE ARE RAPIDLY
           COMING TO A TIME WHEN WE AIM WILL HAVE 0 VOTE. IT WILL BE AN
           UNDERSTATEMENT NOR ME TO SAY I HAVE BEEN DISAPRIL POINTED IN A
           NUMBER OF OUR COLLEAGUES, AND I APPROACHES THEY HAVE TAKEN
           TOWARD THIS PARTICULAR NOMINATION AND NOMINEE. THERE HASN'T
           BEEN A PERSON IN THE SENATE WHO HASN'T ADMITTED THAT JOHN
           ASHCROFT IS A PERSON OF INTEGRITY, DECENCY, HONESTY, VERY
           RELIGIOUS MAN WHO BELIEVES IN WHAT HE IS DOING. AND I FEEL SOME

           OF THE ARGUES THAT HAVE BEEN MADE HAVE BEEN PRETTY BAD. THEY
           ARE DISTORTED. HIS RECORD HAS BEEN DISTORTED. DISTORTIONS HAVE
           BEEN THROUGHOUT THIS MATTER. AND IT HAS BEEN REALLY HARD FOR ME
           TO SIT HERE AND LISTEN TO SOME OF THE ARGUMENTS THAT HAVE BEEN
           MADE. I WOULD HAVE TO SAY ARTICLE SIX OF OUR CONSTITUTION
           REQUIRING OFFICIALERS OF THE GOVERNMENT TO SWEAR TO SUPPORT THE
           CONSTITUTION, ASSURES US THAT "NO RELIGIOUS TESTS SHALL BE
           REQUIRED AS A QUALIFICATION TO ANY OFFICE OR PUBLIC TRUST UNDER

           THE UNITED STATES." I NEAR THAT WITH REGARD TO THE NOMINATION
           OF JOHN ASHCROFT TO BE ATTORNEY GENERAL OF THE UNITED STATES WE
           ARE COMING VERY CLOSE TO VIOLATING THE SPIRIT IF NOT THE LETTER
           OF THAT ASSURANCE. MR. PRESIDENT, JOHN ASHCROFT HAS BEEN
           ATTACKED AS A DANGEROUS ZEALOT BY MANY OF HIS SPONTS WHO
           SUGGEST HIS FAITH WILL REQUIRE HIM TO VIOLATE THE LAW, OR AS A
           LIAR WHO CANNOT BE TRUSTED WHEN HE SAYS HE WILL UP HOLD THE
           LAW. EVEN WHEN HE DISAGREES WITH IT AS HE HAS IN SIMILAR
           CIRCUMSTANCES IN THE PAST. HE HAS A RECORD OF ACTUAL LYNCH
           UPHOLDING LOGS HE HAVE DISAGREED WITH AS ATTORNEY GENERAL OF

           THE STATE OF MISSOURI. I THINK THE CORROSIVE ATTACKS ON A
           QUALIFIED NUMBER NEAP BECAUSE OF RELIGIOUS BELIEFS NOT ONLY
           WEAKENS OUR CONSITUTIONAL GOVERNMENT, BUT ALSO UNDERMINES THE
           ABILITY OF CITIZENS IN OUR DEMOCRACY TO ENGAGE IN A MEANING
           NUMB DIALOGUE WITH EACH OTHER. WHEN SUCH ATTACKS ARE MADE ON
           THE GROUNDS THAT HAS MAN'S FAITHFUL CONVICTION WILL PREVENT HIM
           FROM DISCHARGING THE DUTIES OF HIS OFFICE, WHOLE SEGMENTS OF
           OUR DEMOCRACY ARE DISENFRANCHISED AND THE AMERICAN HERITAGE OF

           RELIGIOUS TOLERANCE IS WE TRADE. I WAS ALSO DISAPPOINTED TO SEE
           ONE SENATOR QUOTED IN TODAY'S "NEW YORK TIMES" AS SAYING THAT
           "MR. ASHCROFT'S FUNDAMENTAL BELIEFS AND VALUES WOULD CONFLICT
           WITH THE ATTORNEY GENERAL'S RESPONSIBILITY TO ENFORCE THE LAW."
           LET ME POINT JUST A FEW MORE INSTANCES OF THESE AMAZING ATTACKS
           AN SENATOR ASHCROFT MADE ON LARGELY RELIGIOUS GROUNDS SINCE HE
           WAS NOMINATED. TO MAKE THE RECORD MORE COMPLETE I ASK UNANIMOUS
           CONSENT TO HAVE MY FULL STATEMENT PRINTED IN THE RECORD ALONG

           WITH A SAMPLING OF EDITORIALS THAT APPOINTMENTED OUT THE
           RELIGIOUS TEST ELEMENT IN THESE ATTACKS.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. HATCH: LET MEN BEGIN WITH THE TESTIMONY OF JAMES DUNN WHO
           TESTIFIED AT YOUR SENATE HEARINGS AS THE EXPERT ON RELIGIOUS
           ISSUES. ITCH BEGAN HEAR BECAUSE PROPOSE IF HE SORE DUNN IS THE
           MOVEMENT EXPLICIT IN HIS RELIGIOUS APRIL TACK ON SENATOR
           ASHCROFT. THE PROFESSOR SAYS EXPLICITLY WHAT OTHERS HAVE COYLY
           AND CAREFULLY IMPLIED. HE SAYS "WHAT'S SENSELY THE THESIS
           STATEMENT OF HIS TESTIMONY BEFORE THE JUDICIARY COMMITTEE. "THE
           LONG HISTORY OF SENATOR ASHCROFT'S IDENTIFICATION WITH AND
           APPROVAL OF THE POLITICAL AGENDA OF RELIGIOUS RIGHT WING

           EXTREMISM IN THIS COUNTRY CONVINCES ME THAT HE IS UTTERLY
           UNQUALIFIED AND MUST BE ASSUMED TO BE UNRELIABLE NOR SUCH A
           TRUST." LET ME QUOTE AT THAT POINT GIVEN "THE LONG HISTORY OF
           SENATOR ASH CROFS'S ILD IF I INDICATION WITH APPROVAL OF RIGHT
           WING EXTREMISM IN THIS COUNTRY CONVINCES" -- IN THIS CASE
           PROFESSOR DUNN" "IS UNQCHD AND MUST BE CONSIDERED UNRELIABLE
           NOR SUCH A POST." THAT IS ABOUT AS BALDLY AS THE MATTER CAN BE

           PUT. JOHN ASHCROFT IS UTTERLY QUALIFIED -- EXCUSE ME, UTTERLY
           UNQUALIFIED, UN UNUNRELIABLE BECAUSE OF HIS " "RELIGIOUS RIGHT
           WING EXTREMISM." AS IF THE NAME CALLING WERE NOT ENOUGH NO MAKE
           THIS AN EVEN MORE STUNNING ASSERTION, THE CASE PROPOSE IF HE
           SORE OFFERS TO PROVE THIS EFIKS TREE MISSILE IS JOHN ASHCROFT
           WAS "THE PRINCE PELL ARCHITECT" OF THE SO-CALLED "CHARITABLE
           CHOICE" LEGISLATION WHICH WAS PAFERSED BY THE CONGRESS AND
           SIGNED BY PRESIDENT CLINTON IN 1996. TO SUGGEST THAT DUFRPLY

           PASSED LEGISLATION HAIF DON'TED BY TWO BRANCHES OF GOVERNMENT,
           CONTROLLED BY DIFFERENT POLITICAL PARTIES, IS OUTSIDE THE
           MAINSTREAM IS SIMPLY LUPED CREWS AND SUGGESTS THAT THE ONE
           OUTSIDE THE MAINSTREAM IS NOT SENATOR ASHCROFT BUT HIS CRITICS.
           THIS IS A POINT THAT CAN BE MADE ON HAS NUMBER OF POLICY
           FLOJTS. WELL I AM DIGS APPOINT WHEN HAD POLICY DISGREEFMTS
           DETERIORATE INTO NAME CALLING BUT CONSIDERING THE SOURCE I WAS
           PARTICULARLY DISAPPOINTED. I WOULD HOPE THE UNITED STATES
           SENATE WOULD NEVER COUNTENANCE SUCH ATTACKS IN THE
           CONSIDERATION OF THIS OR ANY OTHER NUMBER NEECH. I HOPE NO

           WEIGHTS WILL BE GIVEN TO SUCH INTEL PRATT VIT TROLL NOR ATTACKS
           IN THE SAME SPIRIT AND HOPE NONE OF MY COLLEAGUES WOULD JOIN IN
           THESE ATTACKS WHETHER EXPLICITLY STATED OR COUCHED IN CAREFUL
           LANGUAGE. I WOULD STATE MAYBE WE OUGHT TO ABIDE BY THE MAXIM,
           LET HE WHO IS WITHOUT SIN CAST THE FIRST STONE. IT HAS BEEN
           AMAZING TO ME, SOME HERE IN THE UNITED STATES SENATE WHO HAVE
           MUCH TO EXPLAIN TO THE PUBLIC, ARE CASTING STONES AT A MAN WHO
           HAS A REPUTATION FOR HONOR AND DIGNITY, INTEGRITY AND DECENCY.

           OTHERS, I MIGHT ADD, ARE A LITTLE LIKE THE PEOPLE WHO HELD THE
           CLOAKS OF THE MOB THAT STONED STEPHEN THE FIRST CHRISTIAN
           MARTYR IN ACTS CHAPER 7. THEY WERE VERY SINCERE, AND PAUL WAS
           VERY SINCERE IN WHAT HE DID IN HOLDING CHOSE E. THOSE CLOAKS.
           BUT HE WAS SINCERELY WRONG. AND IT WASN'T NFM HE SAW THE LIGHT
           ON THE WAY TO DAMASCUS THAT MALL REALIZED IT WAS WRONG AND HE
           SAID LORD, WHAT WOULD YOU HAVE ME TO DO?
           SO LET HE WHO IS WITHOUT SIN CAST THE FIRST STONE AND THERE IS
           PLENTY OF SINNING AROUND HERE IN THE WAY THEY ARE TREATING OUR

           COLLEAGUE. I ASK UNANIMOUS CONSENT THAT THE LEFT OF MY REMARKS
           BE PLACED IN THE RECORD AT THIS POINT ON THIS ISSUE.
           

           THE PRESIDING OFFICER: WITHOUT OBJECTION.
           

           MR. HATCH: MR. PRESIDENT, MY COLLEAGUE FROM MASSACHUSETTS
           SUGGESTS THAT TO OPPOSE COURTS ORDERRD BUSING MAKES A PERSON
           AGAINST INTEGRATION. BUT NOTHING COULD BE FURTHER FROM THE
           TRUTH. I THINK MOST PEOPLE RIGHTLY ABHOR RATION IS HE GRECH
           GAIGS. HOWEVER THE RECOMMEND DIP FOR SUCH SEVEN AGREE GAIGS IS
           EXTREMELY CONTROVERSIAL. MR. WOULD BE BOOPED SON,
           AFRICAN-AMERICAN, ONE OF THE FINE LEADERS OF THIS COUNTRY
           TESTIFIED THAT HAS SIGNIFICANT MAJORITY OF AFRICAN-AMERICANS
           OPPOSE BUSING THROUGH INTEGRATION AND IT IS NO WONDER GIVEN

           THAT MANY OF THESE PROGRAMS HAVE BEEN DISMAL FAILURES. THEY MAY
           HAVE MOVED SOME CHILDREN OUT OF THE CITY SCHOOLS, BUT THEY HAVE
           DONE LITTLE TO I AM PROVE THE INNER CITY SCHOOLS. I WOULD LIKE
           TO ADDRESS ALLEGATIONS THAT CONTINUE TO BE MADE PREAMTING TO
           SENATOR ASHCROFT'S INVOLVEMENT WITH SCHOOL DECH SEGREGATION
           CASES IN MO MOVEMENT FIRST, LET ME SAY THAT I DO NOT IN THE
           LEAST CONDONE IS HE GREA SGAIGS IN ST. LOUIS OR KANSAS CITY OR
           ANYWHERE ELSE, AND NEITHER DOES SENATOR ASHCROFT. IT IS A SHAME

           NUMB LEGACY THAT MUST BE DEALT WITH APPROPRIATELY. SECOND,
           WHILE THE COST OF THE DEEP SEGREGATION PROGRAM WERE EXORBITANT
           THIS IS NOT THE ONLY CRITICISM TO BE MADE OF THE PLANS. THE
           PRIPE MARRY ARGUMENT REAP MEET HE HADLY MADE BY SENATOR
           ASHCROFT IS THAT THE STATE WAS NEVER FOUND LIABLE FOR AN
           INTERDISTRICT VIOLATION. SENATOR KENNEDY HAS REFERRED TO AN 8TH
           CIRCUIT DECISION HE ARGUES FOUND THE STATE OF MISSOURI GIFMTE
           OF AN INTERDIRECT VIOLATION. BUT A CIRCUIT COURT CANNOT MAKE

           SUCH A FACTUAL FINDING. LAYER, THIS IS HAS FINDING MADE ONLY
           BILL A TRIAL COURT. THE TRIAL COURT'S DEEP SIDE QUEFGS OF FACT.
           THE FACT THAT THE STATE WAS NEVER FOUND LIABLE FOR AN
           INTERDISTRICT VIOLATION, IS SHOWN BY THE FACT THAT THROUGHOUT
           1678981 AND 192, ITSELF MATTERS WERE PREPARING NOR TRIAL ON THE
           VERY QUESTION OF INTERDISTRICTS LIABILITY. SO AGAIN I EMPHASIZE
           THAT IT IS TRUE THAT -- IT IS TRUE AND CORRECT TO SAY THE STATE

           WAS NEVER FOUND LIABLE FOR AND AN INTERDISTRICT VIOLATION. NOW
           ALTHOUGH THE STATE WASN'T FOUND LIABLE FOR AN INTERDISTRICT
           VIOLATION IT WAS REQUIRED BY THE DISTRICT COURT TO PAY FOR A
           SETTLEMENT REACH BITCH THE SUBURBS AND THE STIFF OF ST. LOUIS.
           THIS ORDER BY THE DISTRICTS COURT WAS LIKELY UNCONSTITUTIONAL
           UNDER THE SUPREME COURT'S DECISION IN MILLIKEN. OPPOSING THESE
           COURT ORDERS NOR A PLANNED CONSTITUTIONALLY SUSPECT EXPENSIVE
           AND INEFFECTIVE, DOES NOT MAKE SENATOR ASHCROFT AND AN OPPONENT

           OF DESEGREGATION. INDEED THE PLAN AS IMPLEMENTED HAS BEEN A
           DISMAL FAILURE. TEST SCORES ACTUALLY DECLINED FROM 1990 TO 195.
           SCORES AND THE STANDARD A THEEFMT E. ACHIEVEMENT TEST WENT FROM
           36.5 TO 31.1 AT A TIME GO THE NATIONAL MEAN WAS 50. AND THE
           GRADUATION RATE REMAINED AT THE SAME DISMAL 30%. THAT IS NOT A
           SUCCESSFUL DENY SEGREGATION PROGRAM. TO CRITICIZE SENATOR
           ASHCROFT NOR DIFG WITH THAT, I THINK IS HIGHLY SUSPECT AND NOT

           VERY FAIR. AND, SENATOR ASHCROFT IS TRYING TO PREVENT A RAID
           BIFF THE MUNICIPALITIES AND CITIES OR BY THE COURTS, REALLY, IN
           THIS CASE, ON THE STATE TREASURY THAN IN HIS OPINION BASS
           UNJUSTIFIED. A LEGITIMATE POSITION TO TAKE. WHETHER RIGHT OR
           WRONG IT WAS LEGITIMATE. TO EQUIP SENATOR ASHCROFT'S INTEGRITY
           OVER A COMPLICATED AND CONTROVERSIAL ISSUE IS TO SERIOUSLY
           DISTORT HIS RECORD AND DISBELIEVE HIS SWORN TESTIMONY. LET HE
           WHO IS WITHOUT SIN CAST THE FIRST STONE. SENATOR ASHCROFT ACTED

           WITH GREAT PROBE AT THIS AS A REPRESENTATIVE OF THE STATE OF
           MISSOURI. HE SUPPORTS INTEGRATION, AND DEPLORES RACISM. NOW,
           MR. PRESIDENT, AS ONE WHO KNEELS VERY STRONGLY ABOUT DRUG
           ISSUES AND IN FACT I AM PLEASED TO SAY I HAVE BEEN WORKING WITH
           SENATOR LEAHY ON LEGISLATION DEALING WITH DRUG TREATMENTSMENT
           PREVENTION, WITH AN END INDICATION AND PREVENTION OR TREATMENT
           PIECE
{END: 2001/02/01 TIME: 12-30 , Thu.  107TH SENATE, FIRST SESSION}