Mr. EDWARDS. I thank the Chair.
Mr. President, the Nation is emerging from an extraordinarily close election that has left much of the country feeling divided. It is a time when all of us have an enormous responsibility to unite our country. In order to unite this country, we have to turn to leaders who inspire confidence and bring us together. In my judgment, with the nomination of Senator Ashcroft, President Bush has fallen short of that goal.
Why has he fallen short? Because in a time when our country desperately needs a unifier, the President has nominated a man to be the chief law enforcement officer of the country--the people's lawyer, the lawyer for all the people--who has a long record of divisive and inflammatory rhetoric which results in him being viewed as a polarizing figure.
There are some folks who argue that his positions are just the result of very deeply held beliefs. Some people believe his positions are extreme. In the end, the one thing that is certain is that he is, in the view of many Americans, a polarizing and divisive figure.
Senator Ashcroft opposed the nomination of Ronnie White, a very well-respected African American justice on the Missouri Supreme Court, for what at least appeared to be simply political reasons. In opposing the nomination of Justice White, Senator Ashcroft used words and language that not only were inflammatory but showed a fundamental disrespect for a man who had lifted himself out of poverty, worked his entire life to become a justice on the Missouri Supreme Court, and committed his professional life to the fair administration of justice.
It is not unfair for some Americans to question whether Senator Ashcroft can adequately represent their public interests given his history.
Some argue that Senator Ashcroft, in fact, has given his word that he will follow the law and enforce the law. The problem is that the realities of the Justice Department are that there are daily choices the Attorney General will be required to make. He will be required to decide which laws will be vigorously enforced and which laws will be defended from attack.
Senator Ashcroft has spoken very eloquently about the reasons he pursued certain cases while he was attorney general of Missouri and why he challenged certain laws and legislation. Whether you agree or disagree with what Senator Ashcroft did as attorney general of Missouri, you can count on the fact that those same situations can and will arise, in fact, during the term of the next Attorney General of the United States.
The Attorney General will be required to make daily decisions, discretionary decisions, that are critical to the lives of very many Americans. Again, it is not unfair for some Americans to question whether Senator Ashcroft, even keeping his word, which he has given us, will make decisions that will adequately represent and protect them given his prior statements and actions. The question is whether he will, in fact, be all the people's lawyer, as he has a responsibility to be.
The post of the Attorney General is very different from other Cabinet posts. The Attorney General advises the President about the constitutionality of the legislation he is being asked to sign. He makes recommendations to the President about judicial nominations. As I already discussed and as others have discussed, Senator Ashcroft's history does not support the notion that he will recommend candidates for nomination to the Federal bench solely on the basis of their qualifications and abilities to serve.
It is critical to note that the Attorney General is not the President's lawyer, he is the people's lawyer. He represents our Nation before the U.S. Supreme Court. Senator Ashcroft once called a U.S. Supreme Court decision ``illegitimate.'' Again, such statements show a fundamental disrespect for the rule of law which we believe is so critical in this country. When our U.S. Supreme Court speaks, whether we agree or disagree with them, they are the final word and they are the law of the land.
It is very important to recognize also that the vast majority of the decisions that will be made by our Attorney General over the next four years will be difficult judgments made behind closed doors and under the national radar screen, outside the television cameras. When so many Americans believe that when the doors are closed and the lights and the cameras are off, Senator Ashcroft will not protect their interests, our responsibility is to do what is best for the country. The people have to believe that the Attorney General is the people's lawyer and that he will serve all Americans.
Some of Senator Ashcroft's supporters suggest that the opposition to him is about his religion and about his faith. I want to make clear that I think strong faith is an enormous asset in any public servant. In fact, personal touchstones of faith and morality are critical to providing leadership and governance in this country.
I served with Senator Ashcroft in the Senate. I know him, and I absolutely believe his strong faith is deep and sincere. I applaud and, in many ways, share the strength of his religious conviction and his religious faith. It is certainly not because of his faith that I reach the decision I do today. In fact, it is in spite of it.
In conclusion, at a time when our Nation desperately needs unifying leaders, Senator Ashcroft is the wrong man for the wrong job at the wrong time. So it is with deep regret that I will not be able to support the nomination of Senator Ashcroft.
I yield back the remainder of my time.
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