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Trent Lott Tries to Save Charles Pickering Nomination

Trent Lott is behind a move to change the senate filibuster rules that will begin when Congress returns after the Memorial Day Weekend. His purpose? To secure the confirmation of controversial Bush judicial nominee Charles Pickering to the Fifth Circuit Court of Appeals.

A rules change would require a two-thirds vote in the Senate, an unlikely occurrence. GOP leaders also are considering trying to change the filibuster rule from the chair of the Senate, which would require only a simple majority vote to approve if Democrats challenged the ruling. That tactic is known as the "nuclear option." Democrats have warned of "fallout" if Republicans resort to that maneuver.

Pickering was rejected by Democrats on the first go-around because of his perceived racial insensitivities. Our prior coverage of Pickering is assembled here. According to this recent article in Salon, there is new evidence to support the claim of racial insensitivity--and in particular, to support a newer claim that Pickering was not truthful to the Committee during his 2002 confirmation hearing testimony.

Pickering told the Judiciary Committee that he engaged in efforts to better race relations in the 1960's. In 1964, he changed parties and became a Republican. He denied to the Committee that the motive for the switch was "to protest the national Democratic Party's support for civil rights and its attacks on segregation."

The new evidence to show Pickering was being disingenous, at best, and a liar, at worst, comes from newly discovered documents at the University of Mississippi Library, consisting of the files of his former law partner, avowed segregationist J. Carroll Gartin.

Gartin, who as lieutenant governor from 1956 to 1960 and again from 1964 until his sudden death in 1966 was a leading member of Mississippi's notoriously racist Sovereignty Commission.

According to Salon, :

Gartin's papers show conclusively that, contrary to McConnell's description, Pickering himself was one of those "white citizens and politicians who resisted integration and civil rights," not someone working to oppose such forces. Instead of "trying to establish better race relations" in the 1960s, Pickering worked to support segregation, attack civil rights advocates who sought to end Jim Crow, and back those who opposed national civil rights legislation, above all the landmark Civil Rights Act of 1964. Or, in the words of a public statement he signed in 1967, Pickering wanted to preserve "our southern way of life," and he bitterly blamed civil rights workers for stirring up "turmoil and racial hatred" in the South.

We find Pickering's 2002 Judiciary Committee testimony troubling. According to Salon,

There were several recurring themes in Pickering's 2002 Senate testimony. He repeatedly insisted that remarks from 1964 should not be judged from today's perspective. Yet he also repeatedly airbrushed the historical record to make it seem far more benign than it was. In his opening statement, for example, he cited former Mississippi Gov. Paul Winter saying that Gartin was not a racist. Only under intense questioning by Sen. Richard Durbin did Pickering partially back off from that claim. When Durbin provided a sheaf of evidence showing Gartin loudly proclaiming his segregationist views, Pickering admitted that "those were racist statements, without a doubt." But he insisted that no state leader could have been elected in Mississippi at that time without supporting segregation -- implying that Gartin was an otherwise decent and progressive political leader.

....The latest evidence from the Carroll Gartin papers confirms that Pickering and his supporters are attempting to deceive the Senate and the nation about Pickering's past. Instead of making a clean breast of his personal history and explaining how his views on race and segregation have evolved, the judge and his supporters have resorted to obfuscation, euphemism and false testimony.

....It is clear that Pickering and his supporters have suppressed some facts, misstated others, and otherwise twisted the record to make it appear as if Pickering was someone he was not in the 1960s. His law partner's papers tell the real story. But these papers have only recently been discovered. Senators should be entitled to ask Pickering to explain the difference between his testimony and what Gartin's records reveal, before they decide his fate.

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