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Judge Thomas vigorously. passion- I understand and share their anger. have been elected to represent and ateix ana categorically denies the But I do not fully share their conclu- seek to lead. charge. The witnesses who testilled on sion.

Thank you, Mr. President. i yteld his bchall all tell us that it is incon- I would remind people that initially the Noor. ceivable for him to have done the the Senate Judiciary Committee con- The PRESIDING OFFICER. Who things he is alleged to have done. ducted a serious and dignified debate yields time? Professor HIN is also a most credible about Judge Thomas' qualifications, a

The Senator from South Carolina witness. Her account is tellingly de debate which Judge Thomas himnsell Mr. THURMOND. ! yield to the Lajled. Her behavior susrests that her sald ras "a very fair one."

Senator from New York 2 minutes. moure was not to advance i political Stm, having said that, I fully recor- The PRESIDING OFFICER The cause.. or satisfy, some personal need nize that there were failures in the Senator from South Carolina ylelds to other than to tell the truth as she saw process

the Senator from New York 2 minutes it Ano witnesses told us that she

Perhaps the hearings on the sexual Mr. D'AMATO. Mr. President, I rise spoke of the alleged harassment at the harassment charges should have been to support the nomination of Clarence time it was supposed to have occurred, held in closed session-but Judge Thomas to the Supreme Court. Lie nearly a decade ago.

Thomas never requested that so the most Americans I have tried to deler. Boch Judge Thomas and Professor hearing was public. And it was not permine whether the very save allega Hill tell convincing stories. Yet neither sect. In fact, it was often ugly. But not tions against Clarence Thomas cere is fully believable. And in the end, we holding hearings rould have been true. do not know what actually happened.

even worse. That would have been I believe that the burden of proof to But we do know that one of them lied. We do know that one committed AWI, and the American people. unfals to Judge Thomas, Professor this case, and in all cases, rests rita

the accuser, not the secused And perjury. Given that fact, I am frankly amazed that we are going to vote played 100 bis 1 role. The President it is a fundamental tenet of our

But I will tell you this politics clearly that burden has not been met today at 6 p.m. Every objective person inust agree that the evidence is incon- lailed to nominate the best qualified system that everyone is innocent until

political and unless proven guilty clusive, the facts are murky. the truth candidate la order to score

Before these allegations, I supported is unknown. There is, then, at least i polnts. The candidate failed to be possibility that we may be placing i forthcoming during his confirmation Judge Thomas'. elevation to the Suman on the Supreme Court who has hearings. The Senate failed to op preme Court on the merits, and I con committed perjury, which is a criminal proach the nomination is a non-parti. iinue to do so. But I would be lax if I

san way. A Supreme Court nomination did not take this opportunity to ex act.

While we all want to get this over should not be decided on . partisan press my dismay with the confirma with, in my judgment, we should not basis. It should be i decision based tion process. be taking that chance.

solely on the best interests of the Notwithstanding Chairman Broor's But we will. We will, Mr. President, country.

efforts to see to it that fairness was of because politics, once again, has over.

Mr. President, a week ago, the votes forded to all, the confirmation process come the search for truth, because the were there to confirm Judge Thomas. has run amok and all of us have need to win has become more impor. I did not agree with that decision, but become victims. Judge Thomas bas tant than the need to serve the best I accepted it.

been its victim. Professor Hi has been Interests of our Nation, because te But someone did not

Ils victim, and se in the Senate hare hare a schedule to keep Instead of a Someone leaked confidential infor- been its victim. Nation to govern

mation. Some person, and some Judge Thomas' testimony when he I think re tried to set at the truth moups, decided that the decision made told us how he last his reputation in these hearings. But we did not get by Professor Hill, the leadership. and after being a target of unsubstantiated the whole story. In part, that was be the Senate was not good enough for allegations hit home with this Sena cause Judge Thomas did not eddress them. Someone decided to use what- tor. More than most. I understand the issue at hand. Instead, he contin- ever means necessary to thwart the how that feels. Even raising allest ually tried to shift attention to com. will of the majority and the rights of tions such as these puts the accused plaints about a conspiracy and charges an individual. in violation of the through a living hell Justice Thomas of racism.

Senate rules, in violation of the wishes had the opportunity to defend him. Even if those concerns were true- of Professor Hill, in violation of any sell, the American publlc found his de and I do not for one minute believe sense of decency.

sense conrincing. but many do not they are-they do not respond to ! The democratic process did not en- have that ability. I am afraid that we charge of sexual harassment. As to tirely fail here—some people failed to have reached a point where any alle conspiracy. I would simply say that, understand the democratic process. gation is deemed proof of ruilt, and given the fact that Professor HUI told They acted on a philosophy which is that is wrong and it is un-American people about these allegations nearly endemic throughout the country. . I belleve that Judge Thomas sill be 10 years ago, that is absurd on its face. philosophy that too often falls to re-confirmed later today. And I applaud As one witness told us, she would have spect the integrity of the democratic that. But I believe that we in Congress to be a prophet to come up with a plan process, which seeks to short circutt it have a duty to see that this process is like that. And as to racism, that is by financial contributions from special not repeated. When anyone becomes without merit. Professor HW has e Interests, which seeks to circumvent it the victim of unsubstantiated wegscommitment to conservattre causes, by seeking special privileges, which tions, we are all the victims. she supported the nomination of condones the notion that we can have Mr. President, I steld the Noor. Robert Bort to serve on the Supreme everything se want without paying The PRESIDING OFFICER. Who Court, and she is obviously proud of for it.

yields time? her heritage as an African-American. Mr. President, at some point, if this Mr. THURMOND. Mr. President, I

So. Mr. President, here we are, not Government is to have credibility, ve yield 1 minute to the distinguished happily, not enthusiastically. but here, must conduct ourselves so that we can Senator from Missourl. nevertheless, at the point when a deci- serve as leaders of this Nation rather Mr. BOND. Mr. President, I preot sion must be made.

than just as a mirror of its ugliest and ously have taken the door to say that But we are also at a point when the least appealing features.

I know Clarence Thomas to be a man American people will make a decision This is not directly relevant to the of Integrity, character, great abdity. about the nature of their Government Thomas nomination, but it is relevant and great intellect. However, despite and its credibility. Based on the calls to our ability to hare whatever decl- the fact that we had hearings, which coming into my office, I am afraid of sion we make on that nomination ac should not have been held in public, what that verdict will be.

cepted by the American people we and information was leaked, I felt k