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Extreme Solution I: Priests

The old movies used to feature a priest walking alongside the condemned
man toward the scaffold, offering last seconds of comfort,
plea-bargaining strategies with St. Peter, a bolstering hand under the
elbow. Sometime in the next decade the tableau may be reversed, with a
lay counselor assisting the condemned priest as he totters toward that
final rendezvous with the executioner.

The death penalty is being vigorously touted as the best way to deal
with child molesters. And as the world knows, the Roman Catholic Church
has sheltered many a child molester. On the cutting edge here are three
states noted for the moral refinement of their legislators: to wit,
Montana, Louisiana and Alabama. The first two states have already put
Death for Molesters into their statute books, and when Alabama lawmakers
convene again next year they will press forward into legislation, after
an overwhelming vote from the state's House of Representatives last year
in favor of molester executions.

The Montana law allows a person previously convicted of "sexual
intercourse without consent" with someone under 16 in any state to be
sentenced to death if convicted of the crime in Montana. The law was
passed in 1997, but no one has yet been charged under that provision.
Since 1995 Louisiana has had a law allowing the death penalty for people
convicted of raping a child under 12. Thus far, a few charges, no
convictions.

Alabama's bill would authorize the death penalty for people convicted a
second time of having sex with someone under 12. No other states allow
capital punishment for a sex crime. ABC News quoted Marcel Black,
chairman of the Alabama House Judiciary Committee, as saying, "The very
serious meaning of this is to send a message to child molesters that it
is a bad thing to do."

Molesters can take comfort in the fact that these laws will probably not
survive challenges from higher courts. The US Supreme Court ruled in
1977 that the death penalty is excessive punishment for rape. But who
knows, in the current atmosphere anything is possible. Maybe that's why
Pope John Paul II, a far-seeing man, shifted the Church toward
opposition to the death penalty.

Extreme Solution II: Palestinians

Two years ago fewer than 8 percent of those who took part in a Gallup
poll among Jewish Israelis said they were in favor of what is politely
called "transfer"--that is, the expulsion of perhaps 2 million
Palestinians across the Jordan River. This month that figure reached 44
percent.

Professor Martin van Creveld is one of Israel's best-known military
historians. On April 28 Britain's conservative newspaper the Telegraph
published an article outlining what van Creveld believes is Sharon's
near-term goal--expulsion.

According to van Creveld, Sharon's plan is to drive 2 million
Palestinians across the Jordan using the pretext of a US attack on Iraq
or a terrorist strike in Israel. This could trigger a vast mobilization
to clear the occupied territories of Arabs. Van Creveld notes that in
the 1970 showdown between Jordan's King Hussein and the PLO, Sharon,
serving as commanding officer of Israel's southern front, argued that
Israel's assistance to the King was a mistake; instead it should have
tried to topple the Hashemite regime. Sharon has often said since that
Jordan, which has a Palestinian majority even now, is the Palestinian
state, and thus a suitable destination for Palestinians to be kicked out
of his Greater Israel.

A US attack on Iraq would offer appropriate cover. Sharon himself told
Secretary of State Colin Powell that nothing happening in Israel should
delay a US attack. Other pretexts could include an uprising in Jordan,
followed by the collapse of King Abdullah's regime.

Should such circumstances arise, according to van Creveld, Israel would
mobilize within hours. "First, the country's three ultra-modern
submarines would take up firing positions out at sea. Borders would be
closed, a news blackout imposed, and all foreign journalists rounded up
and confined to a hotel as guests of the Government. A force of 12
divisions, 11 of them armoured, plus various territorial units suitable
for occupation duties, would be deployed: five against Egypt, three
against Syria, and one opposite Lebanon. This would leave three to face
east as well as enough forces to put a tank inside every Arab-Israeli
village just in case their populations get any funny ideas."

In van Creveld's view (he does say that he is utterly opposed to any
form of "transfer"), "the expulsion of the Palestinians would require
only a few brigades. They would not drag people out of their houses but
use heavy artillery to drive them out; the damage caused to Jenin would
look like a pinprick in comparison." He discounts any effective response
from Egypt, Syria, Lebanon or Iraq.

But what about international reaction? Van Creveld thinks it would not
be an effective deterrent. "If Mr Sharon decides to go ahead, the only
country that can stop him is the United States. The US, however, regards
itself as being at war with parts of the Muslim world that have
supported Osama bin Laden. America will not necessarily object to that
world being taught a lesson--particularly if it could be as swift and
brutal as the 1967 campaign; and also particularly if it does not
disrupt the flow of oil for too long.

"Israeli military experts estimate that such a war could be over in just
eight days," van Creveld writes. "If the Arab states do not intervene,
it will end with the Palestinians expelled and Jordan in ruins. If they
do intervene, the result will be the same, with the main Arab armies
destroyed. Israel would, of course, take some casualties, especially in
the north, where its population would come under fire from Hizbollah.
However, their number would be limited and Israel would stand
triumphant, as it did in 1948, 1956, 1967 and 1973."

We've been warned.

Anyone looking for evidence that the death penalty should be
abolished need only look at the case of Zacarias Moussaoui, the
so-called twentieth hijacker, now on trial for his life for allegedly
b

I am beginning to suspect that Nation readers may not fully appreciate the challenges Attorney General John Ashcroft faces. What would you do in his place? Your intelligence agencies had no advance knowledge of the September 11 plot and don't appear to know much more about future attackers. Airport security screeners are letting test bombs and guns pass at alarming rates, and your immigration agency is so hapless that it issued visa extensions to two of the hijackers six months after they died flying planes into the World Trade Center towers. When you consider the threat from their side and the incompetence on ours, it's understandable that Ashcroft has cast his net so wide. He's shooting in the dark. In fact, the expanse of his net is probably inversely proportional to the depth of the intelligence he has received.

But just as with the terrorists themselves, understanding Ashcroft's motives does not justify his actions. To date, despite the thousands of Arab and Muslim immigrants arrested, searched, profiled and questioned, Ashcroft has charged only a single person--Zaccarias Moussaoui--with any involvement in the attacks of September 11. And he was arrested before the attacks occurred. Such broad-brush tactics are unlikely to succeed, for they give notice to potential targets, allowing them to evade detection while alienating the very communities we must work with to identify potential threats who may be living among them.

Ashcroft has shown no signs of getting closer to his target. And the less he finds, the wider he sweeps. He recently announced that he was extending to 3,000 more people his much-criticized initiative to subject male immigrants from Arab countries to "voluntary" interviews, despite the fact that the initial interviews have led to no further charges in the investigation. And having learned how easy it is to use immigration law as a pretext for criminal law enforcement when you lack probable cause, the Justice Department is now preparing to enlist local police officers to help enforce immigration law, a disastrous proposal likely to drive immigrant communities even deeper underground.

The lengths to which Ashcroft will go was revealed most recently by his indictment of Lynne Stewart, a 62-year-old New York attorney who has made a career of courageously taking on clients for whom few other lawyers are willing to risk their reputations. Her most notorious such case was defending Sheik Omar Abdel Rahman in his 1995 criminal trial for conspiring to bomb the tunnels into Manhattan. Now she's charged with providing "material support" to the sheik's organization, the Egypt-based Islamic Group, largely by abetting communications between the sheik--whom prison regulations prohibit from communicating with virtually anyone in the outside world--and others in the group.

The government simultaneously announced that it will make Rahman its test case for its unprecedented initiative to listen in on attorney-client communications. Confidential exchanges with lawyers have long been sacrosanct, because they are critical to any fair legal process. In the past, they could be intruded upon only with a warrant based on probable cause that the communications were intentionally furthering criminal activity, but the new regulations permit monitoring without a warrant or probable cause. But under regulations issued after September 11, the government claims the authority to monitor attorney-client communications without establishing probable cause for believing that the communications are being used for illegal ends, and without obtaining authorization from a judge.

Most troubling, Ashcroft is prosecuting Stewart although she has not been charged with furthering any illegal or violent activity of the Islamic Group, a wide-ranging Islamic political movement that engages in a great deal of lawful activity in addition to terrorism. While many have criticized the government for targeting a lawyer, of far more concern is its criminalization of speech and associations having no connection to terrorism. Unable to link Stewart to any actual terrorist activity in any way, Ashcroft has resorted to guilt by association. As a US citizen, Stewart will at least have an opportunity to defend herself in a public trial. Not so the hundreds of noncitizens still being detained on immigration charges in connection with the September 11 investigation, many long after their immigration proceedings have concluded. Under orders from Ashcroft, they are being tried in secret proceedings closed to the public, press, legal observers and family members.

In a major setback for the Ashcroft agenda, US District Judge Nancy Edmunds on April 3 declared the closed proceedings unconstitutional. She ruled that open trials are a fundamental feature of our justice system and that any closure must be carried out not in the sweeping manner that Ashcroft so favors but through means narrowly tailored to protect national security interests. The government has appealed, arguing that to act in a more narrowly tailored fashion might tip off Al Qaeda to what we do and don't know. But one has to wonder whether the government's real concern isn't that opening the proceedings might tip off the public to just how wildly John Ashcroft is shooting in the dark.

While most of the media focused, with good reason, on the huge increase in military spending and dramatic cuts in domestic programs in President Bush's $2.1 trillion budget proposal for 2003, a fe

A Mexican migrant acquaintance once told me that he'd love the opportunity to brief Congress on immigration policy. Let us imagine him now, walking into the hallowed chamber, dressed in his typical migrant attire: a fading Oakland Raiders jersey, oversized bright orange painting pants, imitation Air Jordans. He wears a baseball cap with the epigram ¡qué viva México, cabrónes! rendered in red, green and white--the colors of the Mexican flag. He reaches into his well-worn backpack and pulls out some handwritten notes on crumpled sheets of paper, and begins:

First, I would like to tell the distinguished sirs and madams a bit about the migrant life. I'm from a luckless southwestern Mexican town whose timber-based economy is in tatters--no sign of economic development on the horizon, NAFTA or no. I made my first trip to the States at 13, a solo journey that included a few months of indentured servitude to a "coyote," a real cabrón. I paid off what I owed him by picking aluminum cans out of the garbage. When I finally broke free, I took to the road.

I never had a problem getting a job. With a cheap forgery of a green card, the bosses never looked twice. As the years went by, I cruised from state to state. I got married to a girl from home and soon we were on the road together, hopping back and forth across the border that supposedly separates our nations.

Beginning in the latter half of the 1990s, our border-crossings became increasingly difficult. Suddenly, you built walls on the US-Mexico border. Big ones, made of coppery steel. These you have referred to as "interdiction measures," which include programs with names like Gatekeeper, Safeguard and Hold the Line. Since 1995 as many as 1,400 migrants died on that line, pushed by your Border Patrol into the remote, deadly desert and lonely stretches of the Rio Grande.

You recently deployed the first of more than 1,600 National Guard troops along the frontiers with both Canada and Mexico, to provide "tactical" support to the other agencies on the line. The last time you put the military on the line, the result was the shooting of an 18-year-old who was out herding his goats; you did the sensible thing and pulled them out. Now they're back; so far, thankfully, they are unarmed.

I tell you that this is a dangerous situation, and yet, in the wake of September 11--when I grieved as much as if Mexico herself had been attacked--I am mindful of your security concerns. I submit to you that you cannot secure your borders alone. I humbly suggest consultations at the highest levels between the federal law-enforcement agencies of our two countries, a starting point for recognizing that American homeland security is Mexican homeland security and vice versa.

We must re-imagine the border between us. All the money you've poured into "holding the line"--some $4 billion a year for the total INS budget--does nothing of the sort. Yes, it makes it more difficult, and sometimes deadly, to cross. But we still do cross back and forth over that line.

Dear legislators, I watch CNN en Español and have been following your recent debates over immigration policy very carefully. Let us speak frankly here: You've been playing an age-old shell game--appeasing the rabid dogs of nativism but leaving the border open enough to supply labor to big business, which keeps getting you re-elected.

What a great buzz there was in the migrant communities before 9/11! You were speaking (well, some of you) about an amnesty--pardon me, a regularization--of the immigration status of the nearly 9 million estimated "illegals" in your midst. Then for several months you shied away from such discussions. But now your President is on his way to Latin America, and he will meet with my President. It is clear to us, the migrants, that these men want to see some movement on the issue--Bush, to bolster his standing among Latinos and his business cronies, and Fox, to please paisanos like me--but this makes many of you uncomfortable. I know why. It's Al Qaeda and the Taliban. Now, I might look a bit like Caliban (especially in these surroundings), but I'm no Taliban, no terrorist! What are my weapons? Leaf blowers and dishrags?

You must place regularization and some version of a "guestworker" program back on the fast track. Everybody wins with real reform: Your labor-hungry industries will be happy, and you might even get some of that coveted Hispanic vote. But you need to understand one thing: We migrants will not accept any kind of program modeled on the infamous, exploitative Bracero Program. Braceros, my grandfather among them, had no right to leave an abusive boss, had no recourse to better their working conditions and wages, could not join unions. The guestworker program of the new century must give us the rights that all American workers enjoy. And there must be a mechanism for affording those workers who spend, say, six years living and working in your country the opportunity for permanent legal status.

When Vicente Fox rose to power two years ago, he made a statement that caused you much anxiety: He foresaw the border between the United States and Mexico disappearing within a decade. I tell you today that this prophecy will come to pass. There are no lines in nature, dear sirs and madams. The fact that I am here before you today proves that this is so. I thank you for your kind consideration in allowing me to speak before you today. ¡Qué vivan los mojados! Long live the migrants!

Targeted by authorities, immigrants are organizing to defend their rights.

From Afghan farms into the Tajik mountains, the drug trade cuts a wide swath.

Boston's Bernard Cardinal Law deserves the Watergate Award for Obfuscatory Declamation: He has characterized his nearly two decades of cover-up of felonies--namely, the rape and molestation of hundreds of Boston-area children by scores of priests--as "tragically incorrect." Records uncovered by the Boston Globe's Spotlight Team disclose the shocking extent to which Law's cold-shouldering of young victims made him an enabler of known recidivist pedophiles, including former priest John Geoghan, whose thirty-six-year spree of child sexual exploitation ended in a prison sentence on February 21.

Over and over, Law sought to pay hush money to victims of known molesters and then moved the predators to new parishes, where they once again had access to children. For years Law counted on the cooperation of several judges who, sharing his belief that the faith of rank-and-file church members might not survive a reckoning with the truth about the priestly criminals in their midst, moved to seal archdiocese files. Even as the child-rape stories were breaking, Law permitted his lawyers to pursue a defense based on "comparative negligence"--the theory that the abuse was partially due to victims' negligence.

Ever since Superior Court Judge Constance Sweeney's November ruling forced public release of documents detailing the crimes, the Cardinal's voice has had a from-the-bunker timbre. At his official residence, Law has been hunkered down with wealthy male advisers from Boston's Catholic elite--bankers, executives, university presidents and politicians who together calibrate the spin of each statement that issues from the Chancery. But sometimes a furious Law bursts through the kitchen-cabinet insulation: His Nixonian response to the news that nearly half of polled Boston Catholics want him to resign--including those faithful who keep a Law-Must-Go vigil in front of his residence--was to declare them enemies of the Church. His persistent disparagement of the Globe reporters who sued to unseal those documents is not a response to stress; it's his longstanding M.O. In 1992, after the Globe exposed Father James Porter as a serial rapist, the cosmopolitan Harvard-man Cardinal inveighed, "By all means, we call down God's power upon the media, particularly the Globe."

While the US Catholic Church has so far paid out $1 billion in settlements for clerical molestation cases, the predator priests are less emblems of fatal flaws in doctrine--including the doctrine of celibacy--than they are evidence of the mortal danger posed by any institutional leadership that perpetuates the myth that it is answerable to no laws but its own. (This presumption of immunity has taken an ominous new turn, as bishops across the country fling priests alleged to have molested from their jobs: As one Massachusetts picket sign reads: There Is No Due Process in Cardinal's Law.) Protestants have sustained public-relations catastrophes and paid huge sums for years of cover-ups: In December the Anglican Church of Canada announced that ten of its thirty dioceses are facing bankruptcy as a result of child sexual-abuse claims. Australian Governor General Peter Hollingworth faces mounting cries for his resignation since evidence surfaced that while he was an archbishop, he grossly mishandled cases of pedophilia. The children sexually exploited by Deacon Robert Tardy of Washington's Peace Baptist Church have never heard one word of apology from church authorities. Predators and their protectors are also ensconced within synagogue walls. This past summer Boca Raton's Jerrold Levy, rabbi of the largest Reform congregation in the South, was prosecuted for procuring underage boys in four states via the Internet. After he was convicted on one count, federal prosecutors abruptly reversed their sentencing recommendation from sixty years to six and a half, reportedly because of pressure from influential synagogue members. Several weeks ago Cantor Howard Nevison of Manhattan's famed Temple Emanu-El was arrested for an alleged two-generation-long rampage of child rape; some suspect his low bail is connected to Manhattan DA Robert Morgenthau's position as a trustee of Nevison's temple.

As Law's regime wrapped a blanket around criminals in the priesthood, it swung a terrible swift sword in the direction of women aspiring to fuller participation in Catholic liturgy. Two years ago, an organization called Massachusetts Women-Church, made up primarily of lifelong-Catholic mothers and grandmothers advocating the ordination of women, was banned by Law from church-affiliated buildings. When members picketed outside a church, Law shouted at them, "You are in violation of your faith!"

Treating women as contaminants and children as invisible while coddling criminals in Roman collars allowed Boston's imperial bishopric to shore up support for Law's real goal: making a permanent move to Rome as the first American Pope. If Law had been, say, director of a daycare center or a summer camp, he would probably be on his way to jail. But with powerful people at his elbows, Law is as unlikely to serve prison time as he was to let the violated bodies of children get in the way of his career building. When Boston Catholics finally force him out, he'll probably be humming "My Way" as he packs his bags.

In my last column, I mentioned that most actual drug users are young white people, even though most of those "profiled" as drug users are people of color. Indeed, according to the Sentencing Project, 72 percent of all illegal drug users are white.

But profiling is further vexed by the eternal question of how one determines who is white and who is not. In today's diasporic world, racial identity or "whiteness" is less determined by lines of "blood" or descent than it once was in certain Southern states. Today, whiteness is more dominantly a matter of appearance, based on malleable aesthetic trends.

This point--the malleability of how we assign "race" to people--is certainly illustrated by the example of Noelle Bush, to whom I referred as white. I received much mail insisting that she is not in fact white but Latina "because her mother is." It's an interesting question, this: the potential tension between "actual" and actuarial determinations of race. But first, let us agree that although there is no biological reality of race, the force of race is a powerful if constantly negotiated sociocultural construction, and has been since colonial times. Second, allow me to sidestep for now the complex anthropology of whether being Latina is determined matrilineally, thus canceling out her conspicuous Puritan patrimony. Third, let us also agree that recent migrations from Latin America have increasingly complicated national demographics as historically inflected by Jim Crow laws. And so, while "Latina" seems to be used as a racial category when it comes to most compilations of criminal justice statistics (meaning brown people from south of the border, of mixed Spanish, African and Native American descent), the reality is that not all Latinos are people of color. Indeed, "Latino" is perhaps more accurately understood as a broad linguistic, regional and cultural category rather than a racial one.

In any event, I called Ms. Bush white because, in photographs, that's what she looked like to me, admittedly through all the filters of my particular geographic and generational prism. At the same time, a number of letters pointed out that Noelle Bush and her brother are the grandchildren whom George Bush the Elder once described as "the little brown ones." This underscores the essential irrationality of profiling by appearance alone: If old George and I (just let your imagination wander here) were working as airport screeners, side by side and in accordance with the logic of most racially based profiling guidelines, he'd have stopped her, and I'd have waved her through. "But she's really..." has no fixed meaning in such profiling. This is not a new aspect of racial scrutiny; in generations past, perhaps, Noelle Bush's status might have been familiar as that of Tragic Mulatta. In today's more global context, I re-examine her picture and note how she resembles supermodel Christy Turlington--herself endlessly exploited for the vaguely "exotic" racial ambiguity that her mother's Ecuadorean "blood" supposedly lends her. But however one may or may not want to classify Ms. Bush, the existence of a confused limbo of those who can "pass" does not alter the fact that once classified as "suspect," as are too many of the unambiguously dark-skinned, the license of heightened investigation significantly colors the fundamental counterpresumption of innocent until proven guilty.

Let me shift topics here. One striking feature of virtually all the letters I received was the application of the word "smug" to my description of "Governor Jeb Bush's poor daughter, Noelle." This attribution was attended by detailed accusations, all starting with the word "impliedly." I impliedly took delight in the Bush family's suffering. I impliedly reveled in her getting what she deserved. I impliedly used the daughter to make fun of the father.

A little clarification is perhaps in order. When I said "poor Noelle," I meant it, with no irony attached. Whether fueled by biological predisposition or depression, substance abuse knows no political, class or ethnic boundary. Poor Prince Harry, poor Betty Ford, poor Robert Downey Jr., poor not-a-few Kennedys. I don't find a single bit of enjoyment in what is clearly a pervasive modern crisis. If one must project, let me provide some guidance. I see our crisis of drug dependency as a medical or mental health issue rather than a criminal cause. This stance obviously places me at odds with the Prohibition-era policies of Jeb and both Georges. It doesn't mean I doubt that Governor Bush is less desperately concerned about the fate of his daughter than any other father. He believes the war on drugs is to the greater good; I think it woefully misguided. Asserting such disagreement about the efficacy of policy is democratic, not inherently disrespectful.

I also agree with those who counsel against publishing the unruly actions of children, whether their parents happen to be in the limelight or not. I believe minors, defendants or witnesses, deserve protection from the media. But Noelle Bush is well over 21, has had five traffic violations, seven speeding tickets and three car crashes and was convicted of impersonating a doctor in order to fraudulently obtain a prescription. The actions of adults who are brought before the criminal justice system are appropriately the subject of public record. Noelle Bush was given probation and referred to a drug treatment center. Who's to say if that's what she "deserved," but most likely it's what she, and so many others like her, needs. Where her example might be of continuing public interest is in contrasting her fate with that of poorer women, who, if convicted of drug offenses, are ineligible for welfare benefits for life. And in a case recently before the Supreme Court, an elderly woman whose retarded granddaughter smoked a joint three blocks away from her house was evicted from public housing based on her "relation" to drug use or sale. If such rules were applied across the socioeconomic spectrum, we'd have to ask Jeb Bush to give up the governor's mansion. It is, after all, public housing. I know--some of you will be affixing meanspirited, giggling gratuity to that image, but my point is rather the sad absurdity of it.

In all this, the bottom-line concern is whether fundamental fairness remains the measure of how we treat anyone--rich or poor, white or Latino, anonymous minor or poor Noelle.

Mississippi Congressman Bennie Thompson says it's like this: If judicial nominee Charles Pickering is confirmed by a Democratic Senate, the Bush Administration will have a green light to pack the federal courts with judges openly hostile to basic principles of equal justice under the law. "It amazes me that in 2002 a man who has a questionable record of support for 'one man, one vote' is seriously considered for a federal appeals court judgeship--but that's what we've got with Charles Pickering," Thompson says of the Mississippi federal judge nominated by Bush to the Court of Appeals for the Fifth Circuit. "If he is confirmed, the message will be that there are no expectations left, no standards for selecting judges."

Harsh words, especially from a judicial nominee's home-state representative. But the Pickering nomination has inspired the sharpest debate yet regarding the President's judicial nominees. Republican Senator Arlen Specter says Pickering displays "a curious ambivalence" about using the court to protect voting rights, while NAACP board chair Julian Bond says "a vote for Pickering is a vote against civil rights." That's a particularly dramatic charge regarding a nominee to the Fifth Circuit, which oversees civil rights protections in Louisiana, Texas and Mississippi, and has the highest percentage of African-Americans of any circuit.

The Mississippi State Conference of the NAACP and the predominantly black Magnolia Bar Association are working to block Pickering's nomination. "We hope to God that he doesn't make it," explains L.A. Warren, chair of the state NAACP's Legal Redress Committee. "We know his past." As a law student, Pickering penned a 1959 law review article that showed legislators how to tighten Mississippi's ban on interracial marriage. In the 1960s Pickering established a law practice with one of the state's most outspoken segregationists. He joined white business elites in his hometown of Laurel in opposing the worst excesses of the local Ku Klux Klan, but he also signed an open letter declaring he was working along more genteel lines to maintain "our Southern way of life." As a state senator in the 1970s, Pickering repeatedly advocated election "reforms" that the Justice Department knocked down as assaults on African-American empowerment, and he supported funding the notorious Mississippi Sovereignty Commission's efforts to block desegregation. As a federal judge since 1990, Pickering has described the "one person, one vote" principle as "obtrusive," attacked moves to draw legislative districts that could be won by African-American candidates as "polarization" and repeatedly attempted to limit application of Voting Rights Act provisions in Mississippi. In lawsuits before him involving racial discrimination in the workplace, Pickering has griped that courts "are not super personnel managers charged with second-guessing every employment decision regarding minorities."

At least eleven of the two dozen Pickering decisions overturned by the Fifth Circuit were rejected for violating well-settled principles of law involving civil rights, civil liberties, criminal procedures and labor rights. In 1994 Pickering intervened with the Justice Department to try to get the government to soften charges against a man who had burned an eight-foot cross outside the home of an interracial couple, claiming the defendant had merely engaged in a "drunken prank."

After Pickering stumbled badly in Judiciary Committee hearings--which raised ethics concerns about his role in the cross-burning case, his solicitation of letters of recommendation from lawyers and groups that might face his court, and his deceitful testimony about his ties to the Sovereignty Commission--his nomination was in trouble. But it was revived by conservative groups, which recognize that confirmation of such a nominee would ease the way for later Bush picks, and by antiabortion activists who have championed Pickering since he led the fight at the 1976 Republican National Convention for a platform opposing reproductive freedom. Pickering has a powerful ally in Senate minority leader Trent Lott, who says conservative Southern Democrats will help him confirm Pickering if a full Senate vote is scheduled. Lott charges that Pickering is the victim of a "smear" campaign.

That spin was aided by a New York Times article asserting that the African-Americans who know Pickering best "admire his efforts at racial reconciliation" and "overwhelmingly" support his nomination. Based only on interviews with African-American residents of Laurel, the Times article claimed that a disconnect between national groups' opposition to Pickering and Mississippi blacks' support for him "reflects the distance between national liberal groups and many Southern blacks in small towns." Newspapers with a better sense of the South dismissed this view; the Atlanta Journal-Constitution editorialized, "US jurisprudence came too far in the late 20th century to allow it to lapse back into a time when Pickering's prejudices reigned." But the claim that critics have focused unfairly on Pickering's record on race was picked up by conservative newspapers. The Wall Street Journal highlighted a pro-Pickering column by Mississippi's most prominent black Republican, Charles Evers, and the Washington Times wrote, "Liberal organizations have tried to label Judge Pickering as a racist, but black leaders in Mississippi are vocally backing the nominee as a friend of their community."

In fact, it was Mississippi blacks who first raised the alarm about Pickering's nomination. "I wish the New York Times would ask people like me what we think of Charles Pickering," says Kathy Egland, who joined the 1960s civil rights movement in Hattiesburg at the age of 10. "I have been involved in civil rights in Mississippi for forty years, and I'll tell you this: No one in the Mississippi NAACP who knows this man's record is saying that he has ever been a supporter of civil rights."

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