SEN. HOWELL HEFLIN (D-AL): Mr. President, I have endeavored at all times to be fair to the nominee, fair to the President, fair to the nominee's opposition, and fair to the American people.
I came away from the first round of hearings with many doubts in my mind about Judge Thomas. I stated that Judge Thomas' answers and explanations about previous speeches, articles, and positions raised thoughts -- and I emphasize thoughts, not findings -- of confirmation conversion, of inconsistencies, ambiguities, contradictions, lack of scholarship, as well as other thoughts. I stated that our nation deserved the best on the highest court of the land and that an error of judgment could have long-lasting consequences to the American people. The doubts were too many. The Court is too important. And so I said I would follow the admonition "When in doubt, don't."
At the time I made my speech on the floor of the Senate announcing my decision to vote against Judge Thomas, I'd never heard of Anita Hill or her charges of sexual harassment. Following my speech, I was informed for the first time about Anita Hill. The issue of Anita Hill and her allegations of sexual harassment did not enter into my decision on whether or not to vote for him.
Now, the second set of hearings have occurred. I have more doubts now. The original doubts have been compounded by the doubts raised in the last hearings. I won't attempt to enumerate all of these newly-created doubts, but obviously they're doubts about who is telling the truth, doubts about motivation, doubts about psychological defects about both Professor Hill and Judge Thomas.
Throughout both sets of hearings, I've tried to be a judge rather than an antagonistic advocate. I think this is the role that an independent member -- independent-minded member of the Judiciary Committee should assume. My job at the hearing was to try to get the facts and find the truth the best way I possibly could. I simply chose to use my time to ask questions and not give political speeches. My responsibility was to judge and not be a cheerleader for or against Clarence Thomas.
As a result of the first hearings, there are many clouds hovering over the process and Clarence Thomas. During the second set of hearings, clouds thickened considerably over the Senate, the process, and Clarence Thomas. In addition to this, very thick clouds hovered over Anita Hill. In my judgment, the clouds and the doubts should not be transferred to the Supreme Court.
The doubts are many. Some would say that they should give Clarence Thomas the benefit of the doubt. I think that would be very appropriate if he was charged in a criminal setting in a court of law, but this is not a court case. There is an absence of clear and convincing evidence to remove these doubts. A lifetime appointment to the Supreme Court is different from other appointments. Unless these doubts are erases, eliminated, or greatly minimized, we should not gamble on the consequences.
In my judgment, Clarence Thomas should not be confirmed under the clouds and the doubts created. Therefore, my position has not changed, and I will vote against his confirmation.
I ask that my prepared remarks be placed in the record instead of my abbreviated remarks.
I would also like to say that I fully support a thorough and complete investigation in regards to the leaks in this matter, as well as leaks that have occurred in the Senate Ethics Committee. I think the Senate cannot continue to operate under a situation in which there are constant leaks.
Thank you, Mr. Chairman.
PRESIDENT PRO TEMPORE: Without objection, the remarks of the Senator from Alabama will be printed in full.