Bush Asked (by M.F. Berry) to Drop Disputed Appointee

The New York Times ^ | 01/04/2002

[Pokey78]

WASHINGTON (AP) -- Days before a federal judge is to take up the matter, the head of the Civil Rights Commission asked President Bush on Friday to drop his attempt to place a disputed appointee on the panel.

Chairwoman Mary Frances Berry wrote a letter appealing to the president to drop attempts to appoint Peter Kirsanow, a conservative lawyer from Cleveland, to replace Victoria Wilson, an ally of Berry.

Berry and four other commissioners on the eight-member civil rights panel contend Wilson was appointed to a six-year term in 2000. The Bush administration and the three Republican-appointed commissioners say Wilson's term expired Nov. 29 at the end of the term of the commissioner she replaced -- the late Judge A. Leon Higginbotham Jr.

If Kirsanow is seated on the commission, it would shift from a 5-3 split that generally favors Berry to a 4-4 split that would likely be deadlocked on more controversial issues. Earlier this year, the commission harshly criticized Florida Gov. Jeb Bush, younger brother of the president, for his handling of the deadlocked 2000 presidential elections.

The Justice Department filed a federal lawsuit Dec. 7, asking a judge to seat Kirsanow. By Wednesday, parties to the lawsuit are to file written motions, and a week later, a federal district judge could decide whether to rule on the case or set a date for arguments.

``We honestly believe that if the president focuses on this he will see that it's counterproductive to interfere with the commission's independence,'' Berry said in an interview. ``There will be a serious question as to whether the commission can keep its doors open if the White House and the Justice Department tell commissioners what to do.''

Berry said the commission seated another Bush appointee, Jennifer Cabranes Braceras, late last year. While it opposes displacing a sitting commissioner, it does not oppose Bush appointees, she said.

The commission has asked to be allowed to intervene in the lawsuit on Wilson's behalf.

White House officials questioned whether the commission is allowed to hire its own counsel rather than use Justice Department lawyers. Berry said the attorney representing the panel will be paid and would not violate a statute prohibiting the use of free services.

The commission has no enforcement power, but publicizes civil rights problems it perceives in government policy and government agencies.

White House spokeswoman Anne Womack said the administration is trying to preserve the commission's independence.

``The statute very expressly calls for members' terms to be staggered to prevent any one administration from having too much influence,'' she said. ``Peter Kirsanow is a lawful member of the commission and we would expect the civil rights commission to recognize him as such.''

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^On The Net:

Commission on Civil Rights: http://www.usccr.gov/

[Pokey78]

Ping

[blau993]

Drop the appointment, and abolish the commission.

[anniegetyourgun]

She knows she's on the losing side of this argument. Here's to hoping she never even gets the courtesy of a response from the President or else a telegram that simply says ----SEE YOU IN COURT--- stop

[Cicero]

Now she's begging? She must realize that she is going to lose in court. What a creep.

[anniegetyourgun]

I believe that would be a Congressional function.

[HiJinx]

"We honestly believe...he will see...it's counterproductive to...the commission's independence,'' Berry said...

But wait. Didn't Congress set up the commission to be split equally among Pubbies and D-Rats? Isn't that where the independence comes from?

Oops, my bad. There I go thinking, again!

[denydenydeny]

Here's my favorite line:

While it opposes displacing a sitting commissioner, it does not oppose Bush appointees, she said.

So charitable of her to accept Presidential appointees on a Presidentially-appointed commission.

[EODGUY]

Let's let her beg on camera so we can compare her begging ability with the abominable, arrogant behavior she displayed when she refused (like a spoiled child) to recognize the new appointee.

Berry is pathetic and knows the case is a loser. Whine on, M.F.

[financeprof]

Now that's what I call chutzpah.

[Sueann]

I hope the telegram reads: THE COMMISSION IS DISMISSED!!

Then, none of her group of liberal dingdongs will have a job!! hehehehehehe

[Jumper]

First this woman and this commission was uncivil. Now they speak and ask for civil rights they are not entitled.

[stripes1776]

Berry is dictatorial, prejudiced, and undemocratic. She should be dismissed from her position for abuse of power. She is not qualified for the job she occupies.

[cincinnati_Steve]

But wait. Didn't Congress set up the commission to be split equally among Pubbies and D-Rats? Isn't that where the independence comes from?

Doh! Just like all good liberals, she throws a fit when she doesn't get her way. I agree with another post...abolish the whole damned commision. What is the EEOC for, anyway? This isn't the Space Shuttle, it is our money paying for this farce. We don't need multiple bureacracies doing the same things, or worse, working against each other. "Wake up, America! Pitts off!"

[UCANSEE2]

``We honestly believe that if the president focuses on this he will see that it's counterproductive to interfere with (my control of ) the commission's independence,'' Berry said in an interview. ``There will be a serious question as to whether the commission can keep its doors open if the White House and the Justice Department (think they can ) tell (me) commissioners what to do.''

[SoCar]

What a biased title disputed appointee.

This whole situation is crazy. Why isn't Mad Mary Berry getting more press as the laughing stock she is. This is unbelievable, she is clearly breaking the law. Obviously the intent was to have staggered terms so no one party could dominate this so-called commission. I am sick that she might get away with this. The judge is a Clinton apointee. This whole situation has me furious. LAWS do not mean anything if you're a democRat!!!

[Artem55]

I think the President should quote Colonel Sherman T. Potter in his reply to Ms. Berry. "Monkey Muffins!"

[alancarp]

Dear Dr. Berry;

Peter Kirsanow is the Presidential appointee to this commission. If you don't like a 5-3 ideological split, then let's try 6-2: you're fired.

Sincerely,
President George W. Bush

P.S. - see you in court.

[JD86]

``We honestly believe that if the president focuses on this he will see that it's counterproductive to interfere with the commission's independence,'' Berry said in an interview. ``There will be a serious question as to whether the commission can keep its doors open if the White House and the Justice Department tell commissioners what to do.''

and her point would be?

Dismanteling of the Commission sounds good to me.

[Valin]

Oops, my bad. There I go thinking, again!

That's ok I believe you caught it in time.