Clinton Makes Lee Acting Civil Rights Chief

President avoids the anger a 'recess appointment' would have brought; Lee is sworn in

WASHINGTON (AllPolitics, Dec. 15) -- In what he termed an "honorable decision," President Bill Clinton today named Bill Lann Lee as acting assistant attorney general for civil rights.

The move avoids the certain furor that would have met a "recess appointment" of Lee. The president said he will continue to press for Senate confirmation of Lee even while he serves in an acting capacity.

The Justice Department in putting Lee to work; he was sworn in just hours after the president named him for the job.

White House officials say the anger generated by a recess appointment would have effectively precluded Lee's ever winning a confirmation vote.

Clinton cited two objectives in taking the "acting" route rather than the "recess appointment" route: "One is to get Mr. Lee into the leadership of the civil rights division as soon as possible, and the other is to maximize the chances that he can be confirmed in the coming year in the Senate," he said.

The president said he hopes that once Republicans see what an outstanding job Lee is doing in his acting capacity, they will confirm him.

At the announcement ceremony, Lee stressed bipartisanship. He praised the staff and lawyers of the civil rights division. "I am honored to join and promise to continue their proud tradition of steadfast, nonpartisan law enforcement," he said. "With God's help, I pledge to enforce, without fear or favor, our nation's civil-rights laws on behalf of all of the American people."

Lee also praised the bipartisan nature of America's civil rights heritage, from Eisenhower's creating the civil rights office to Kennedy and Johnson's creation of 1960s civil-rights measures, to Bush's signing of the Americans With Disabilities Act.

As acting assistant attorney general, Lee could remain on the job for the duration of the Clinton Administration. Clinton would simply have to renominate Lee every 120 days. The president said he would resubmit Lee's name for confirmation early next year.

If Lee had been named in a recess capacity, he would have been able to remain on the job only until the end of 1998.

Lee's nomination stalled in the Senate last month when Republicans objected to his views on affirmative action. In a parliamentary move, Democrats blocked a vote Nov. 13 rather than see Lee rejected in committee.

Clinton dismissed criticism of Lee's affirmative-action stance. "His views on affirmative action are my views on affirmative action: No quotas, no discrimination, no position or benefit for any unqualified person. But mend, don't end, affirmative action, so that all Americans can have a fair chance at living the American Dream.

"Some people want to wait for me to appoint someone to this position whom I disagree with," said Clinton. "But America cannot afford to wait that long. And it would be a long wait indeed."

GOP lawmakers react swiftly

Republicans don't buy it. Senate Majority Leader Trent Lott says he "wants to make it clear I do not believe Bill Lann Lee should be assistant attorney general -- even in an acting capacity -- because of his positions advocating racial preferences and timetables.

"Senators will very carefully watch the actions of the Justice Department regarding racial quotas, preferences and timetables to ensure that the department complies with all laws and federal court decisions," said Lott (R-Miss.).

The number-four Republican on the Senate Judiciary Committee, Sen. Arlen Specter (R-Pa.), today wrote to the president to oppose Lee's appointment. He writes he's "very much concerned" that it will "poison the water on other important matters which require senatorial concurrence."

Specifically, Specter warns the move will "seriously jeopardize, if not entirely preclude, judicial confirmations ... In addition, other confirmations may be rejected or held in limbo; and the Senate may reject appropriations for some of your administration's special initiatives."

But Senate Minority Leader Tom Daschle (D-S.D.) is hailing the appointment, adding, "It's regrettable that Bill Lann Lee isn't already serving as permanent head of the civil rights division."

No Time Wasted

Daschle didn't have to wait long. Lee offically became acting assistant attorney general for civil rights this afternoon, as Reno signed the formal document naming him. Lee was first sworn in as principal deputy assistant attorney general for civil rights in the closed ceremony at the Justice Department.

The two-step process was required because individuals must first become government employees before they can be named to a post in an acting capacity.

A handful of Reno's top aides were present as Lee recited the oath taken by all federal employees to uphold the Constitution. Officials who were present say Lee's wife held the Bible, as Assistant Attorney General for Administration Stephen Colgate administered the oath.

A Justice spokesman said Lee had simply planned to sign the document containing the oath, but "since everybody was there, they decided to do a swearing-in," he said.

Who is Bill Lann Lee?

Lee's father knew racial discrimination when he came to the U.S. from China during the Depression. But Lee grew up to attend Yale University on scholarship, and then spent 23 years waging courtroom battles against discrimination. Most recently, he headed up the NAACP Legal Defense and Educational Fund in Los Angeles.

Lee would be the first Asian American to head the civil rights division, responsible for enforcing federal laws against discrimination and investigating cases involving constitutional rights violations.

Attorney General Janet Reno told reporters that Lee "believes, as the president who has nominated him believes, that affirmative action should be amended, not ended, in order to get rid of the last remaining aspects of discrimination in this country. I don't think that's wrong."

The administration wanted a vote of the full Senate. The Judiciary Committee refused, never allowing the nomination out of committee.

Lee told The Associated Press last week his opponents should simply judge his qualifications for the job.

"I've been a civil rights lawyer for 23 years," Lee said. "No one would question my qualifications. Many people have had kind things to say about my qualifications."

In Other News:

Monday Dec. 15, 1997

• Clinton Makes Lee Acting Civil Rights Chief
• Reno Not Expected To Expand Indian Casino Probe
• Kantor Aided Hubbell In L.A. Fee Dispute
• Clinton Family Together for Holidays