"‘I
think it represents a very good choice’. . . the
only things people want in an attorney general are
‘good management, sound judgment and high integrity.
They’re not easy to find in one individual, but I
think John Ashcroft has all of them.’" (David
Kocieniewski, "Staunch Democrat Eases Up on
Opposition," The New York Times, January 6,
2001) "I certainly assume I will be voting for
him." – Sen. Robert Torricelli (D-NJ) (Audrey
Hudson, "Democrats Set For Ashcroft’s
Confirmation," The Washington Times, January
4, 2001) (emphasis added)
"Your appointment of [African-American]
Attorney Hemphill demonstrated your sensitivity, not
only to professional qualifications, but also to the
genuine need to have a bench that is as diverse as the
population it serves. . . . [T]he appointment that you
have just made, and your track record for appointing
women and minorities, are certainly positive indicators
of your progressive sense of fairness and equity. We
commend you. . ." – The Mound City Bar
Association of St. Louis, one of the oldest
African-American bar associations, commending
then-Governor Ashcroft (Letter, April 1, 1991)
(emphasis added)
In Defense Of John Ashcroft
Liberals Have Praised Ashcroft As An Honest Man.
"Former Sen. Paul Simon, a liberal Democrat whose
ideology is the polar opposite of Ashcroft’s, says [Ashcroft]
is ‘completely honest.’ Sen. Russell Feingold, D-Wis.,
who served on the Judiciary Committee with Ashcroft,
called him ‘a gentleman’ who was ‘invariably
polite and flexible’ in his handling of legislative
matters." (David J. Porter, "John Ashcroft
Attorney General," Pittsburgh Post-Gazette,
December 31, 2000) (emphasis added)
Democrat Senator Dianne Feinstein (D-CA) Thinks
Ashcroft Will Be Confirmed. "I think his
chances of confirmation are pretty good. It will be hard
for me to see how he would not be confirmed."
(Audrey Hudson, "Democrats Set For Ashcroft’s
Confirmation," The Washington Times, January
4, 2001)
Democrat Senator Carl Levin (D-MI) Respects
Ashcroft’s Intellect, Integrity, And Principled
Positions. "While in many instances I have
found myself on the opposite side of issues from John [Ashcroft],
I have always respected his intellect, his integrity,
his principled positions and his ability to disagree
without being disagreeable." (Congressional
Record, December 15, 2000)
Democrat Senator Kent Conrad (D-ND) Commended
Ashcroft. "I rise to pay tribute to Senator
John Ashcroft as he prepares to leave the Senate. . . .
Senator Ashcroft has been a man of his word who served
his state and his country with distinction. I join my
colleagues on both sides of the aisle in wishing him
well in his future endeavors." (Congressional
Record, December 15, 2000)
The Detroit News: Ashcroft Is True To
His Conscience. "[Ashcroft’s] behavior does
indicate he possesses the independence needed in an
attorney general. He obviously is true to his
conscience, regardless of consequence." (Editorial,
"Don’t Harass Sen. Ashcroft," The Detroit
News, December 31, 2000)
Ashcroft Stands For Law And Order. "[Ronnie]
White’s rejection by Senate Republicans had nothing
to do with race and civil rights, and everything to do
with law and order and victims’ rights. Republicans
should insist that the murdered victims’ families be
allowed to testify at Ashcroft’s hearing. White’s
Democratic supporters should be forced to face these
families and explain why White was qualified for a
lifetime promotion to the federal bench. And the police
officers who recovered their brothers’ bodies and
carried their coffins at their funerals should be heard
from as well. John Ashcroft was right to oppose White.
He has nothing to apologize for. It’s time to shine
the light of truth on what’s really going on here. On
the campaign trail, Democrats claim to be tough on crime
and advocates for victims’ rights. Back in Washington,
however, they fight for the appointment of liberal
judges who coddle the worst kind of criminals."
(Mark R. Levin, "Ashcroft Was Right," National
Review Online, January 3, 2001) (emphasis added)
Senate Judiciary Chairman Hatch (R-UT) Defends
Ashcroft’s Record. "[Hatch] defended
Ashcroft’s record against critics who suggest that he
would not vigorously enforce civil rights laws or might
try to undermine abortion rights. ‘He has a record
that is exemplary on civil rights and just about
everything that has to do with law enforcement,’
Hatch said. When asked about Ashcroft’s opposition to
Roe v. Wade, the landmark abortion case, Hatch said:
‘Senator Ashcroft is committed to enforcing the laws
of the land, even laws that he may disagree with. . . .
He will be doing what’s right.’" (Deirdre
Shesgreen, "Ashcroft Talks With Hatch, Who Predicts
Confirmation," St. Louis Post-Dispatch,
January 4, 2001) (emphasis added)
Sen. Chuck Hagel (R-NE) Calls Ashcroft "A
Man Of Immense Character." "To in any way
intimate or hint that John Ashcroft, a man of immense
character and integrity who no one has ever questioned
-- he is able, he’s experienced, he’s smart -- would
not in fact implement the letter of every law to the
degree that America’s leading law enforcement officer
must is in another orbit." (Sen. Chuck Hagel,
MSNBC’s "Hardball," January 4, 2001)
(emphasis added)
Sen. Jon Kyl (R-AZ) Says There Is No Reason To Reject
Ashcroft. "I am 100 percent confident that
he’ll be confirmed. There is no reason not to confirm
him, except for some politics being played by some
people at the fringe and, I think, some people who would
like to kind of dust up the new president a little bit,
perhaps lay the groundwork for fights on conservative
judicial nominees. It’s all about politics. It’s not
about John Ashcroft. He will be confirmed." (Sen.
Jon Kyl, CNN’s "Inside Politics," January 4,
2001) (emphasis added)
Mel Carnahan’s Hometown Paper Says Ashcroft Is A
Man Of "The Highest Class." "When
Missourians voted the late Mel Carnahan into the Senate.
. . Ashcroft graciously conceded. He was an example of
the highest of class. Let’s hope Sen. Jean Carnahan
shows as much class when it comes time to confirm
President-elect George Bush’s appointment of Ashcroft."
(Rolla Daily News editorial from January 3, 2001
quoted in The Hotline, January 5, 2001) (emphasis added)
William F. Buckley Hails Ashcroft’s Record.
"John Ashcroft has served as attorney general and
then governor of Missouri and as a senator from
Missouri; and as the man who, noblesse oblige, declined
to contest an election loss against a dead man, yielding
gracefully to a posthumous vote of sympathy for the
widow. The major problem of the inquisitors is that they
are talking to a group of men and women who knew John
Ashcroft as a colleague, and they are not likely, even
in pursuit of the good opinion of the People for the
American Way, to reject a man they know as a non-liar
and non-racist merely to satisfy ideological
bloodlust." (William F. Buckley Jr., "The
Perils of Being John Ashcroft," National Review,
January 5, 2001)
John Ashcroft: Qualified And Experienced
- John
Ashcroft graduated with honors from Yale University
in 1964. He received a law degree in 1967 from the
University of Chicago Law School.
- John
Ashcroft served Missouri as Auditor and as State
Attorney General from 1976 - 1984. While Attorney
General for the state of Missouri, Ashcroft was
selected as president of the National Association of
Attorneys General.
- Ashcroft
was the Governor of Missouri for two terms. He won
reelection in 1988 by 64 percent, the largest
percentage of any Missouri governor since the Civil
War.
- As
Missouri Governor, Fortune magazine rated Ashcroft
one of the top ten education governors. He balanced
eight consecutive budgets. Financial World and City
and State magazines credited Ashcroft with making
Missouri one of the best financially managed states
in the country.
- Ashcroft
served as Chairman of the National Governors
Association from 1991-1992, as well as the Education
Commission of the States and the Republican
Governors Association.
- Ashcroft
was elected to the United States Senate in 1994,
winning 60 percent of the vote and carrying every
county in Missouri.
- In
the 106th Congress, Ashcroft served on three Senate
committees: Judiciary; Commerce, Science, and
Transportation; and Foreign Relations. He was the
Chairman of Subcommittees on the Constitution
(Judiciary) and Consumer Affairs (Commerce). (www.johnashcroft.com,
January 4, 2001)
Ashcroft
Has A Strong Record Of Law Enforcement
Ashcroft’s Record Shows Concern For Women, Hate
Crimes And Crime Victims
Ashcroft Co-Sponsored The Violence Against Women Act.
Senator Ashcroft was a cosponsor of the Omnibus Crime
Control Act of 1997, which sought to reauthorize the
Violence Against Women Act. The bill also provided for
fair and accurate criminal trials, sought to reduce
violent juvenile crime, promote accountability by
juvenile criminals, punish and deter violent gang crime,
reduce the fiscal burden imposed by criminal alien
prisoners, promote safe citizen self-defense, and combat
the importation, production, sale, and use of illegal
drugs, among other purposes. (S. 3, Introduced January
21, 1997)
Governor Ashcroft Signed Into Law Missouri’s First
Hate-Crimes Bill. In 1988, Governor Ashcroft signed
the Institutional Vandalism - Ethnic Intimidation Act
into law. Among its many provisions, the law defined the
crime of ethnic intimidation and provided protection
from crimes motivated by race, color, religion or
national origin. (1988 Mo. Legis. Serv. S.B. 678
(Vernon))
As Governor of Missouri, John Ashcroft Fought To
Protect Victims’ Rights. During the Ashcroft
Administration, the state strongly supported private and
public agencies that serve crime victims. Ashcroft
supported the Victims’ Rights Constitutional
Amendment, which was overwhelmingly approved by Missouri
voters. Governor Ashcroft asked the Missouri legislature
to "give special attention to legislation regarding
the rights of crime victims to ensure that our criminal
justice system gives full consideration to the suffering
and damage they experience." (A Working Missouri,
1993, p. 89)
Ashcroft Fought To Stop Gun Crimes
Ashcroft Fought To Toughen The Penalties For Gun
Crimes. Senator Ashcroft helped enact a law
toughening penalties for gun crimes by substantially
increasing mandatory minimum prison sentences for the
criminal misuse of firearms. (P.L. 105-386, 1998)
Ashcroft Fought To Protect Our Children At School.
Senator Ashcroft supported laws to keep our children
safe while at school, including a law to allow schools
to remove from the classroom any student who possesses
firearms at school. Ashcroft also helped pass a law
ensuring that the discipline records of dangerous
students will transfer with them to any school they
attend. (P.L. 106-25, 1999; P.L. 105-17, 1997)
Ashcroft Voted For Background Checks At Pawn Shops.
Ashcroft voted to support an amendment that required
background checks when a gun was purchased at a pawn
shop. (Senate Vote #133, S. 254: Passed 79-21: R 34-21,
D 45-0, May 20, 1999)
Ashcroft Was Endorsed By Missouri Law Enforcement
Agencies. Both the Missouri Federation of Police
Chiefs and the St. Louis Police Officers Association
endorsed Senator Ashcroft for reelection in 2000. (John
Ashcroft, Press Releases, 2000)
Ashcroft Acted To Fight Drugs
Ashcroft Toughened Drug Penalties And Won
"Landmark" Legislation Funding Drug Abuse
Prevention And Education. Senator Ashcroft led a
fight to make the penalties for abusing amphetamine the
same penalty as for crack cocaine. Ashcroft also won
enactment of anti-amphetamine legislation called a
"landmark" by the U.S. Drug Enforcement
Agency, securing $55 million for law enforcement,
prevention and education. In addition, Ashcroft
successfully led efforts to have Missouri designated as
part of the Midwest High Intensity Drug Trafficking Area
(HIDTA), securing $40.3 million in HIDTA funding for
anti-methamphetamine efforts since 1996. (P.L. 105-277,
1998)
Governor Ashcroft Fought To Protect Missouri’s
Children From Drugs. Governor Ashcroft championed
legislation to make Missouri schools drug-free. This
included the promotion of Drug-Free School Zones, which
imposed stiff sentences for selling illegal drugs on, or
near, school property. (A Working Missouri, 1993, p. 76)
Governor Ashcroft Attacked Missouri’s Drug Problem.
Total state and federal spending for anti-drug efforts
in Missouri increased 393 percent under Governor
Ashcroft. (A Working Missouri, 1993, p. 74)
Governor Ashcroft Initiated Missouri’s Statewide
Anti-Drug Campaign. Called "Mo says NO,"
Ashcroft spearheaded the effort to fight drug abuse in
schools and communities to reduce the supply of illegal
drugs. (A Working Missouri, 1993, p. 75)
Ashcroft’s Real Civil Rights Record
Ashcroft Supported Many African-Americans For Judgeships
Both In Missouri And In The U.S. Senate
Senator Ashcroft Supported 26 Of The 28
African-Americans Nominated To The Federal Bench By The
Clinton/Gore Administration—All 26 Nominees That
Ashcroft Supported Were Confirmed By The Senate.
Ashcroft voted for 26 of the 28 African-Americans that
were nominated by the Clinton/Gore Administration and
confirmed by the Senate. Of the two nominees that
Ashcroft did not support, one was withdrawn and Ronnie
White was defeated.
Then-Governor Ashcroft Was Commended By One Of The
Oldest Black Bar Associations For His Record Of
Appointing Minorities. "Your appointment of
[African-American] Attorney Hemphill demonstrated
your sensitivity, not only to professional
qualifications, but also to the genuine need to have
a bench that is as diverse as the population it serves.
. . . [Y]our track record for appointing women and
minorities, are certainly positive indicators of your
progressive sense of fairness and equity. We commend
you. . . ." (The Mound City Bar Association of
St. Louis Letter, April 1, 1991) (emphasis added)
Read
the letter of commendation. requires Adobe
Acrobat
Ashcroft Appointed Many African-Americans To
Missouri’s Courts. Ashcroft appointed a number of
African-Americans to Missouri’s courts, including
David Mason, Jimmy Edwards, Charles Shaw and Michael
Calvin, in St. Louis. He also appointed an
African-American to the Western Missouri Court of
Appeals in Kansas City, Missouri’s second highest
court. This jurist, Ferdinand Gaitan, now serves as a
U.S. District Court Judge for Western Missouri. (Senator
Ashcroft, Press Release, October 25, 1999)
The First To Sit On St. Louis’ 21st Judicial
Circuit. "A lawyer in private practice in St.
Louis has become the first black ever to be chosen an
associate circuit judge in St. Louis County. Sandra
Farragut Hemphill was appointed Wednesday by Gov. John
Ashcroft. She will take the oath of office in the next
30 days. Several black judges have been appointed to the
bench in St. Louis, but no black until Hemphill had been
appointed to a judgeship in the 21st Judicial Circuit of
St. Louis County since the county came under the
non-partisan court plan in the late 1960s. And no black
had won election as a judge before that, court officials
say." (William C. Lhotka, "Ashcroft Appoints
Judge, Woman Is First Black Associate Circuit Judge In
County," St. Louis Post-Dispatch, March 14,
1991)
As Governor, Ashcroft Celebrated African-American
History
Ashcroft Was One Of The First Governors To Sign A Law
Recognizing Martin Luther King’s Birthday. While
Ashcroft was governor, Missouri became one of the first
states to mark Martin Luther King’s birthday.
("Missouri’s Other Hopeful," The Tulsa
World, August 3, 1998)
Ashcroft Appointed A Commission To Celebrate King’s
Legacy. "The Dr. Martin Luther King State
Celebration Commission was appointed in 1986 by Missouri
Governor John Ashcroft. The commission recommends to
individuals and organizations appropriate activities for
the recognition of Martin Luther King’s birthday in
Missouri." (Yvonne Samuel, "NAACP Chairman,
Harmon Will Be Honored At State’s King Holiday
Kickoff," St. Louis Post-Dispatch, January
3, 1999)
Ashcroft Created An Award Honoring George Washington
Carver’s Accomplishments. Governor Ashcroft
established an award in honor of the African-American
educator George Washington Carver. (Steve Dunleavy,
"Let’s Bypass Bleeding-Heart Assaults On John
Ashcroft," The New York Post, January 5,
2001)
Ashcroft Established The First And Only
African-American Historic Site In Missouri. As
Governor, John Ashcroft signed the law establishing
ragtime composer Scott Joplin’s house as Missouri’s
first and only historic site honoring an
African-American. (Steve Dunleavy, "Let’s Bypass
Bleeding-Heart Assaults On John Ashcroft," The
New York Post, January 5, 2001)
Ashcroft Led The Fight To Save The Missouri
University Founded By African-American Union Soldiers
After The Civil War. Ashcroft fought to save the
financially-strapped independent Lincoln University,
founded by African-American Union soldiers. (Steve
Dunleavy, "Let’s Bypass Bleeding-Heart Assaults
On John Ashcroft," The New York Post,
January 5, 2001)
The Truth About The Ronnie White Nomination
Ashcroft Opposed Missouri Judge Ronnie White’s
Confirmation Because Judge White Was Soft On Crime
Judge Ronnie White Was President Clinton’s Nominee For
A Federal Judgeship. Clinton nominated Judge White twice
for a seat on the federal bench. "Mr. Ashcroft
expressed reservations about Judge White’s fitness for
the federal bench on grounds that the nominee seemed
more guided by his own opposition to the death penalty
than on the statutes that clearly provided for it. As it
happens, the Missouri Federation of Police Chiefs, the
Mercer County Prosecuting Attorney’s office and others
in the law-enforcement community urged the Senate not to
confirm him, partly for the same reason. In one case,
[Missouri v. Johnson] Justice White alone opposed the
death penalty for James R. Johnson, who was convicted of
killing a sheriff, two deputies and a sheriff deputy’s
wife in 1991. The wife died in her living room in front
of her family." (Editorial, "Spring Training
For Liberals," The Washington Times,
December 27, 2000)
White Was Opposed By Many Members Of Law Enforcement
And Missouri Constituent Groups:
- The
Missouri Federation of Chiefs of Police: "We
want to go on record with your offices as being
opposed to his nomination and hope you will vote
against him." (Congressional Record,
October 4, 1999)
- The
National Sheriffs Association strongly urged the
United States Senate to defeat White’s
appointment. (Congressional Record, October
4, 1999)
- The
Missouri Sheriffs Association, on behalf of 77 of
the 114 sheriffs in Missouri, asked the Senate to
look very carefully at this nominee, citing specific
law enforcement opinions that White had written. The
opposition to White was bipartisan: Over 70% of the
elected public officials in Missouri are Democrats,
and many of the 77 sheriffs were Democrats.(Congressional
Record, October 4, 1999)
Read
seven letters of opposition from national and Missouri
law enforcement agencies: requires Adobe
Acrobat
Republicans Across The Ideological Spectrum Voted
Against White, As Did The Other Missouri Senator, Kit
Bond. Senators such as Arlen Specter, John McCain,
Olympia Snowe, Kit Bond and Senate Judiciary Chairman
Orrin Hatch opposed the nomination of Judge White.
(Senate Vote #307, Nomination Rejected 45-54, October 5,
1999)
Ronnie White Was The Sole Dissent In Brutal Criminal
Murders
The case of Missouri v. Johnson was the decisive factor
for most who voted against Judge White. James Johnson
was tried and convicted on four counts of first-degree
murder. He received four separate death sentences. In
a sole dissent, White urged a lower legal standard so
that this convicted multiple cop-killer would be allowed
a new trial to potentially escape all punishment. He
sums up his dissent by saying, "This is a very hard
case." (Missouri v. Johnson) (emphasis added)
A Brutal Cop Killer Convicted Of Four Murders: Judge
Ronnie White Called It "A Very Hard Case"
- A
National Guard mechanic stalked and killed four
people -- a sheriff, two sheriff's deputies and a
sheriff's wife -- overnight, setting off a daylong
house-by-house, business-by-business manhunt here
that dragged for almost 24 hours before he
surrendered and confessed. Officers used an armored
vehicle, police dogs and helicopters to block off a
town of 3,300 as assault teams and more than 150
officers from several nearby counties and
departments searched the streets looking for the
suspect.
- [T]he
killing spree began shortly after 7:30 P.M. with
the death of a Moniteau County Deputy Sheriff who
answered a domestic violence call at the home of
James Johnson, a Vietnam veteran. The deputy knew
the suspect and spoke to him for several minutes on
the porch of the house. As he turned to leave,
Mr. Johnson then pulled a pistol and shot the deputy
several times. After inside the house and hearing a
groan, Johnson returned to the porch and shot the
deputy the final, fatal time. Mr. Johnson then
left his house with two pistols, a rifle and a
shotgun.
- About
an hour later Johnson struck again. He drove to
the sheriff’s residence in Clarksburg, where the
sheriff’s wife was hosting a ladies church group
and preparing to read the Christmas story from the
Bible. The sheriff was not home. Johnson
fired through a window of her home and killed her in
front of the other ladies and children.
- Johnson
drove to a deputy sheriff’s home next. About 1:20
in the morning, Moniteau County Deputy Sheriff
Russell Borts was wounded by a shot fired from
outside the deputy’s home.
- Johnson’s
next stop was the sheriff’s department, where
other officers were departing to respond to the
latest shooting. Cooper County Sheriff Charles Smith
and Miller County Deputy Sheriff Sandra Wilson were
killed outside the building. ("Gunman Kills
Four In Central Missouri," U.P.I., December 10,
1991; Don Terry, "Man Seized After 4 Are Slain
by Sniper," The New York Times, December
11, 1991) (emphasis added)
Johnson
Confessed To The Crimes In Detail. After the four
fatal shootings, Johnson held a 82-year old woman
hostage all night and the next day. After she talked him
into letting her leave, the police surrounded the house.
Johnson eventually threw out his guns, surrendered, and
then confessed in detail. (Terance Jeffrey, "A 1991
Missouri Murder Case May Determine Attorney General’s
Confirmation How Ashcroft Proved His Integrity,"
Human Events, January 12, 2000)
The Defense Attorney’s Own Expert Witness Did Not
Agree With The Insanity Defense And Testified For The
Prosecution. The defense’s insanity defense
didn’t work in part because one of the prosecution’s
own experts, Dr. Kurt Guindon, did not agree. "Guindon
had been hired by the defense to conduct a psychological
examination of Johnson some time shortly after the
murders," wrote the Missouri Supreme Court.
"After performing the evaluation, Dr. Guindon
determined that Johnson did not have PTSD, but he did
diagnose a borderline personality disorder with paranoid
features. Because a borderline personality disorder
diagnosis would be insufficient to relieve Johnson of
criminal responsibility for his conduct, the defense
decided against using Dr. Guindon as an expert."
The prosecution instead called him as a witness. (Terance
Jeffrey, "A 1991 Missouri Murder Case May Determine
Attorney General’s Confirmation How Ashcroft Proved
His Integrity," Human Events, January 12,
2000)
Johnson’s Confession Did Not Fit His Theory Of
Insanity. Johnson’s defense claimed he was
suffering Post Traumatic Stress Disorder (PTSD) from his
service in Vietnam, and that on the night of December
9-10 he actually thought he was back in combat in
Southeast Asia. It was a long shot at best given
Johnson’s meticulous confession, in which, as the
Missouri Supreme Court later pointed out, "Johnson
recalled in much detail that his targets were the
sheriff and his deputies, not the Viet Cong."
"To explain his conduct to authorities," the
Supreme Court said, "he related that ‘I knew I
had a job to do because [Sheriff] Kenny [Jones] let me
down,’ an apparent reference to the fact that Johnson
and the sheriff had disagreed on how to handle the
ongoing difficulties with his daughter."
"Johnson’s detailed and intimate recitations of
these events, together with his stated reasons for his
conduct," the court concluded, "seem wholly
inconsistent with the defense of mental disease or
defect. In effect, Johnson admitted that he had known
what he was doing and why, and consequently, he was hard
pressed at trial to fit the facts to the theory." (Terance
Jeffrey, "A 1991 Missouri Murder Case May Determine
Attorney General’s Confirmation How Ashcroft Proved
His Integrity," Human Events, January 12,
2000)
Death Penalty Not Excessive for Multiple Cop-Killer.
The majority opinion stated: "In addition, the
death sentence in this case is neither excessive nor
disproportionate to the penalty imposed in similar
cases. Johnson shot one victim in the back as he was
leaving and then came back moments later to finish the
murder. He shot another victim through a window while
she was sitting in a group of people. He shot another
victim while he was leaving the police station. He shot
his final victim in the back while she was climbing from
her police car. Defendants in similar cases who kill
peace officers are often sentenced to death. . . .
Accordingly, the sentences of death in this case are not
disproportionate." (Missouri v. Johnson) (emphasis
added)
Read the full court opinion and White’s dissent.
Requires
Adobe Acrobat
White’s Dissents Were Part Of A Larger Pattern
White Dissented In Other Criminal Cases, As In A Case
Of Rape And Murder By A Lead Pipe. Judge White was
also the sole dissent in the case of Brian Kinder, who raped
and beat a woman to death with a lead pipe. Kinder
was convicted, and sentenced to death. White voted to
grant the defendant a new trial, despite clear evidence
of guilt, including eyewitness testimony that Kinder
was seen leaving the scene of the crime at the time of
the murder with a pipe in his hand and DNA evidence
confirmed the presence of the defendant with the person
murdered. White protested the conviction, alleging
that the trial judge was racially biased. White based
this allegation on the fact that the judge, at sometime
prior to this case, had issued a press release
explaining he was changing his party affiliation and
noting that he was opposed to affirmative action.
(Missouri v. Kinder) (emphasis added)
The Majority Upheld The Conviction And Sentencing Of
Kinder. The majority wrote: "We further find
that the sentence of death is not excessive or
disproportionate to the penalty imposed in similar
cases, considering the circumstances of the crime, the
strength of the evidence and the defendant’s history.
Strong physical evidence established that Kinder
murdered the victim during the perpetration of rape. He
accomplished the murder by repeatedly beating the
victim’s head with a heavy, blunt object. The
sentence of death is consistent with the punishment
imposed in other cases where the victim was murdered
during the perpetration of rape or some other sex
offense." (Missouri v. Kinder) (emphasis added)
Ronnie White Was Rejected For Being Soft On Criminals
Ashcroft Rejected Judge White Solely On Merit.
Senator Ashcroft defended his choice: "The [White]
nomination was rejected on the merits, principally the
nominee’s poor record on the death penalty and drug
enforcement. Americans of every color are entitled to
effective protection from violent criminals and illegal
drugs. I will not knowingly support any judicial nominee
for a lifetime appointment who is soft on crime. Reps.
William Clay and Maxine Waters have chosen to attack my
character, rather than discuss the nomination on its
merits." (John Ashcroft, "Ronnie White’s
Federal Judge Nomination Was Rejected On The
Merits," St. Louis Post-Dispatch, October
28, 1999)
The Atlanta Journal And Constitution: Ronnie
White Was A Liberal. "Aren’t the Democrats
now bemoaning the Senate rejection of a minority
judicial candidate the same partisans who trashed
Clarence Thomas on his way to the Supreme Court? . . .
Republican senators rejected [Ronnie White’s]
nomination because White consistently dissented in
death-penalty cases. Missouri law enforcement groups
labeled him soft on crime. He had no advocate in the
Senate from his home state: Both Missouri senators,
Republicans, led the fight against him. Was it because
he was black? No, it was because he was too
liberal." (Editorial, "Liberalism, Not Race,
Scuttled Nominees," The Atlanta Journal and
Constitution, October 13, 1999)
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