Posted on 12/07/2001 8:13:22 AM PST by Jean S
WASHINGTON (AP) - The U.S. Commission on Civil Rights refused Friday to seat - or even recognize - a new commissioner appointed by President Bush.
Cleveland labor lawyer Peter Kirsanow watched quietly from the audience as attempts by the three Republican commissioners to have him seated or acknowledged were repeatedly voted down 5-3. Kirsanow attempted to vote for the first 10 minutes of the session but he was ignored and eventually sat silent as his allies continued debate.
The meeting opened with an attempt by Republican commissioners to adjourn until the dispute over the commission's makeup is resolved. But Chairwoman Mary Frances Berry persuaded the commission to reject that effort, saying it is impossible to know when the legal dispute will be resolved.
Berry recounted how President Reagan fired her in 1983 and how she fought through the courts to get back on the board.
She said accepting the White House or Justice Department interpretation of the law on the commission's makeup "would threaten the very independence of the commission."
Commissioner Christopher Edley, an ally of Berry, said he has told House Democratic leader Dick Gephardt that the White House is trying to reshape the commission in an apparent retribution for some of his work.
Berry - a frequent critic of the 2000 elections and particularly of Florida Gov. Jeb Bush, younger brother of the president - presides over a panel on which six commissioners lean Democratic and two lean Republican. The White House has already announced it plans to appoint Jennifer Cabranes Braceras to replace Yvonne Lee, whose term is expiring in early December. If Kirsanow is seated, the commission would be split 4-4.
Kirsanow was sworn in Thursday night to fill the seat of Victoria Wilson, an independent whose term, the White House says, expired Nov. 29.
White House spokesman Ari Fleischer said there was no legal merit to Berry's claim that Wilson's term has not expired, noting a ruling by the Justice Department's legal counsel and Clinton administration records that indicate it has expired. He denied rough politics on the White House's part, saying Kirsanow was installed within the letter of the law.
Berry said the White House's moves were "about muzzling us and it's scary to have them take all of this time and energy. It makes me even more afraid for the preservation of the commission."
The dispute between the Republican White House and a prominent black civil rights leader surprised the Bush team.
By taking the disputed seat held by Wilson, Kirsanow, a member of the largely conservative Center for New Black Leadership, would effectively rein in Berry's power over the commission.
The Bush administration maintains Wilson's term ended Nov. 29, when the term of the man she succeeded, Judge A. Leon Higginbotham Jr., would have expired. Higginbotham died in 1998.. This expiration date was spelled out in the Clinton administration's paperwork on Wilson's appointment, the White House says.
Berry argued the documents are wrong and are trumped by federal law, which says new commissioners will fill a six-year term.
Democratic Reps. John Conyers of Michigan and Jerrold Nadler of New York wrote Berry on Thursday to say the law as amended in 1994 reflects her interpretation.
The commission received a letter from the Justice Department late Thursday informing Berry that she is not allowed to retain outside legal help without Attorney General John Ashcroft's permission. Berry rejected that opinion.
"Scary." One of the touchy-feely crowd's favorite words. Infantile.
Look for Jeffords to try and extend his term in the senate, borrowing a page from Frances the Talking Mule, by claiming that since he changed parties, a full six-year term starts on the day he bolted.
I'm calm, thanks, but I'm afraid I'm going to be saying I-told-you-so on this one.
She is a very hateful prejudiced black woman. She does NOT serve ANYONE well, but mostly the Black Community!!! If I had the time, I'd do a search on her to prove my points. But others will have to do it today. (I have grandchildren coming over so the parents can Christmas shop) I can assure you, I've read of this woman for a few years. She is pathetic!!!!
Assuming successive 6-year terms, her current 4th term would be up in January '04, Bush's last year in office.
Guess again. She says that she was appointed as chair of the commission January 25 (or so) 1999, so her term is not up until about a week after the next president is sworn in. If Bush is also the next president, I don't think she will be reappointed.
Actually, there is some controversy over that too. Seems her appointment expires just days before Bush's last day of his first term, but she submitted paperwork showing that her appointment expires a day or two AFTER the last day of Bush's first term. Of course, if he wins reelection then it doesnt matter. I will try to find more info on that. I remember hearing Boortz talk about it.
But note that by her interpretation of the law, one would resonably claim the appointment (according to Clinton for a term of less than 6 years) would not be legal in the first place.
Rather than use the chairwoman's interpretation to rule the previous woman's term illegal had been all along, a court would respect the Presidents' use of their power IMHO.
The administration had no idea what Berry was capable of when they first engaged her on this appointment and they should have. No amount of incriminating film has prevented this cretin from having her way. She beat a former President to retain her appointment, remember? Our best hope is that she meets an early demise, which is little hope at all since she's the precisely the kind of monster that gave rise to the vampire legends -they refuse to die.
Meanwhile, moving quielty through the courts would be the best bet. I have no doubt that this woman is teamed up with some lib whacko's attempting to spring a PR trap. Time will tell though huh?
Clinton's letter to the board member stating the date her appointment would end should be enough to settle this matter.
Serves 'em right for shoving Bill Lan Lee down OUR throats.
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