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702433
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Judicial Selection 1991 [1]
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Judicial Selection 1991 [1]
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29161-006
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Records of the White House Office of the Chief of Staff to the President (George H. W. Bush Administration)
John Sununu Issues Files
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Originally Processed With FOIA(s):
FOIA Number:
1998-0004-F[2]
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection:
George H.W. Bush Presidential Records
Collection/Office of Origin: Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
OA/ID Number:
29161
Folder ID Number:
29161-006
Folder Title:
Judicial Selection 1991 [1]
Stack:
Row:
Section:
Shelf:
Position:
G
15
25
2
6
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
01. Memo
From C. Boyden Gray to John Sununu
9/24/91
(b)(6)
Re: Judicial Nominations: Trouble Spots (2 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02a. Note
From Phillip D. Brady to C. Boyden Gray
9/13/91
P-5
Re: Attached Material on Recommendation for Circuit Court
Nomination (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
WHORM Cat.:
By P (NLGB) on 10/28/05
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile
THE WHITE HOUSE
WASHINGTON
9/13/91
FOR: BOYDEN GRAY
FROM: PHILLIP BRADY
Assistant to the President
and Staff Secretary
Information
Action
Let's Discuss
CC: Chief of Staff
0
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02b. Letter
From Bob Dole to POTUS
9/10/91
(b)(6)
Re: Recommendation for Circuit Court Nomination (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02c. Memo
From Frederick McClure to POTUS
9/12/91
(b)(6)
Re: Letter from Senator Bob Dole (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02d. Memo
From C. Boyden Gray to POTUS
8/5/91
(b)(6)
Re: Response to President Ford re Second Circuit (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRAJ
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM Removed as a personal record misfile
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
02e. Memo
From POTUS to Jerry
8/6/91
(b)(6)
Re: Letter of Support (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
To Lee Lieberman 9/6/91
MEMORANDUM
THE CHIEF of STAFF
TO:
Governor John Sununu
has seen
FROM:
Governor Kay A. 600.
DATE:
September 5, 1991
The following is a summary of the facts I gave you during our
conversation yesterday regarding the Federal District Court
judgeship in Lincoln, Nebraska.
In the summer of 1990, United States District Court Judge
Warren Urbom announced his wish to retire and move to Senior Judge
status. Shortly thereafter, Congressman Douglas Bereuter
announced his plans to appoint a committee, chaired by Mr. Jim
Hewitt, to choose his nominee for the position. Mr. Hewitt is a
former president of the Nebraska Bar Association and is active in
the American Bar Association. Mr. Hewitt's committee chose Fred
Kauffman of Lincoln. (Many people, including Governor Orr and
former Governor Thone, anticipated the committee would choose Mr.
Kauffman.)
Governor Orr, in consultation with former Governor Thone and
Congresswoman Virginia Smith, added the nomination of Dick Nelson
of Lincoln for the position.
In early summer of 1991, it became clear from conversations
with staff in the Justice Department who were handling the
appointment that neither candidate would be recommended by Justice
to the White House. In addition, staff at the Department of
Justice indicated a preference to appoint women or members of
minorities to the judgeships.
In response to these indications from the Department of
Justice, all of the parties who had been active in nominating
Kauffman and Nelson, plus recently elected Congressman Bill
Barrett, came together and unanimously and enthusiastically agreed
to nominate Cynthia Hardin Milligan of Lincoln for the federal
judgeship which is located in Lincoln. Mr. Hewitt agreed to
support Mrs. Milligan's nomination with his colleagues at the
American Bar Association.
Before the parties could inform Justice that a consensus had
been reached by the group, Justice forwarded to the White House
two names of attorneys who live in Omaha. (There is a new federal
judgeship being created to be located in Omaha. One of the names
sent would be recommended for the Omaha seat and one for the
Lincoln seat.) The letter recommending Cynthia Milligan as the
unanimous candidate of the Nebraska Republican Party officials and
officeholders was sent, but arrived at the Department of Justice
after the two names had been forwarded to the White House.
Cynthia Milligan has practiced law for twenty years. She is a
Phi Beta Kappa, an honor graduate, and has a reputation as a
brilliant legal scholar. She has been recognized as one of the
outstanding lawyers in America. She was with a well-known
Washington, D.C. firm for seven years (Arent, Fox, Kintner,
Plotkin and Kahn). While in Washington, D.C., she served as an
adjunct professor at Georgetown University, teaching at the
graduate course level.
She then moved to Lincoln where she practiced with a firm for
ten years, headed the tax section of the bar, and continued her
teaching at the University of Nebraska Law School and other
continuing legal education programs, until she joined Governor
Orr's administration in 1987 as Director of the Department of
Banking and Finance.
She currently heads her own firm doing legal and business
consulting for financial institutions. She has been a member of
the American Law Institute for sixteen years. As further evidence
of the high regard with which Cynthia is held, she has been
elected to the Board of Directors of Nebraska's largest banking
organization, as well as the Board of Directors of the University
of Nebraska Foundation, Hastings College, and numerous public
service boards.
It is clear that the President would be better served if a
Lincoln attorney was appointed to the U.S. District Court
judgeship which is located in Lincoln, particularly by appointing
someone as outstanding as Cynthia Milligan. There have been
articles in the Lincoln and Omaha newspapers and an editorial in
the Lincoln paper expressing displeasure with an Omahan being
appointed to serve in Lincoln when Lincoln has excellent
attorneys. Sen. Exon has indicated to some that he may hold up
Senate confirmation if an Omaha attorney is nominated for the
Lincoln seat.
-2-
September 6, 1991
John:
As I mentioned to you, Cynthia Milligan is the daughter of
former Secretary of Agriculture Clifford Hardin. She is close to
President Nixon and serves on the Executive Board of the Nixon
Library. Her sister is the daughter-in-law of former Attorney
General and Secretary of State William Rogers. She is also
well-known to President Bush's cousin, Bert Walker. All of these
individuals are enthusiastic in their support for Cynthia for the
Federal District Court judgeship.
July
Kay
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
03. Resume
From Cynthia Hardin Milligan (1 pp.)
n.d.
P/2, P/S
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Open on Expiration of PRA
Series:
Sununu, John, Files
(Document Follows)
Subseries:
Issues Files
WHORM Cat.:
By H (NLGB) on 10/28/05
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
CYNTHIA HARDIN MILLIGAN
2633 South 24th Street
Lincoln, Nebraska 68502
(402) 474-5621
PRESENT AND PREVIOUS OCCUPATIONS:
Consultant to Financial Institutions (January, 1991 to present).
Director, Nebraska Department of Banking and Finance (1987 to January, 1991).
Responsible for the supervision of state-chartered financial institutions, which
include 277 commercial banks, 2 industrial banks, 43 credit unions, 5 savings and
loan companies, 70 installment loan companies, and the Bureau of Securities,
which registers all securities offered or sold in the State or to Nebraska residents,
licenses securities brokers, issuers, agents, and investment advisors, and
investigates securities violations and frauds. The Department also enforces the
Installment Loan Act, the Nebraska Installment Sales Act, the Nebraska Loan
Broker Act, the Sale of Checks Act, the Seller-Assisted Marketing Plan Act, and the
Mortgage Bankers Registration and Licensing Act. The Department has
approximately 65 employees; its operating budget is approximately $3.6 million; and
its revenues for the fiscal year ending in 1990 were approximately $8.4 million.
Education Advisor to the Governor of Nebraska (1987-1991)
Helped formulate and implement education policy. Served as Governor's
representative on boards and commissions studying education issues. Spoke at
education conferences. Attended President's Education Summit for the fifty
governors and their education advisors (1989).
Senior Partner in law firm of Rembolt Ludtke Parker Milligan & Berger, Lincoln,
Nebraska (1977-1987). Law firm of 14 attorneys and 23 staff members. Practiced in
the areas of general business, taxation, securities, banking, corporate, partnership,
estate planning, and probate law.
Associate Attorney with law firm of Arent, Fox, Kintner, Plotkin & Kahn, Washington,
D.C. (1970-1977). Law firm of 145 attorneys. Practiced real estate, taxation,
securities, partnership, corporate, and general business law. Invited to become a
partner in the firm (1977).
CURRENT OTHER RESPONSIBILITIES:
Board of Directors, Norwest Bank Nebraska, N.A. and Norwest Bank Lincoln, Nebraska,
N.A.
Board of Directors, M.I. Industries, Lincoln, Nebraska.
Board of Directors and Board of Trustees, University of Nebraska Foundation, Lincoln,
Nebraska.
Board of Trustees, Hastings College, Hastings, Nebraska.
Board of Directors and Secretary, Lincoln Foundation, Inc., Lincoln, Nebraska.
Board of Directors, People's City Mission Foundation, Lincoln, Nebraska.
PREVIOUS POSITIONS:
Board of Directors, Nebraska Futures, Inc. (1988-1990).
Member, Intergovernmental Policy Advisory Committee for the Office of the U.S. Trade
Representative, under Secretary Clayton Yeutter and Ambassador Carla Hills
(1988-1990).
Member, School Financing Review Commission (1988-1990).
Member, LR 247 Higher Education Study Committee (1988-1991).
Member, Conference of State Bank Supervisors, Washington, D.C. (1987-1991, Chairman of
Midwestern District-1988-89).
CYNTHIA HARDIN MILLIGAN
Page 2
PREVIOUS POSITIONS (continued):
Board of Directors, Nebraska Continuing Legal Education, Inc., Lincoln, Nebraska (1986-
1989).
Member, Citizens Commission for the Study of Higher Education, Nebraska (1984).
Member of Nebraska State Board of Education (1981-1984), Vice President (1984).
Member of Nebraska Coordinating Commission for Post-Secondary Education (1981-1984).
Board of Elders, Westminster Presbyterian Church, Lincoln, Nebraska (1981-1983).
Board of Directors, Lincoln Symphony (1979-1982).
LECTURER AND PROFESSOR:
Lecturer at various continuing legal education seminars, including the following:
American Law Institute-American Bar Association national seminars on
financial and tax aspects of condominium conversions.
New York University Tax Institute national seminar on estate taxes and estate
planning (1982).
Numerous Nebraska and Washington, D.C. seminars on federal income taxation,
estate planning, and condominium conversions, including the Great Plains
Federal Tax Institute (1983).
Adjunct Professor of Law (Taxation), University of Nebraska, College of Law (1980).
Adjunct Professor of Law (Taxation), Georgetown University, Washington, D.C. (1975).
AUTHOR:
"Tax Considerations in Condominium Conversions," National Capitol Area Realtor,
March 1974, reprinted in Real Estate Securities and Syndication Newsletter
published by the National Association of Realtors, May, 1974.
"Permissible Estate Tax Deductions Under Section 2053 - A New Look," New York
University Tax Institute, 1981 Seminar.
EDUCATION:
J.D. with honors from George Washington University National Law Center, Washington,
D.C. (1970).
B.A. with honors from the University of Kansas, Lawrence, Kansas (1967). Elected to Phi
Beta Kappa (1967).
Attended University of Nebraska-Lincoln (summers).
Bryn Mawr College, French Institute, Avignon, France (1966).
HONORS AND AWARDS:
1991 Business Excellence Achievement Award, University of Nebraska-Lincoln, College of
Business Administration Alumni.
1987 Toll Fellow, Council of State Governments, Lexington, Kentucky.
Business Woman of the Year, Phi Chi Theta, Lincoln, Nebraska (1986).
Listed in Best Lawyers in America, authored by Steven Naifeh and Gregory White Smith,
Harvard Law (1977).
Listed in Who's Who of American Women, Marquis Who's Who.
Listed in Who's Who in American Law, Marquis Who's Who.
Lead Articles Editor, Nebraska Law Review, Lincoln, Nebraska (1969).
Phi Beta Kappa, University of Kansas, Lawrence, Kansas (1967).
CYNTHIA HARDIN MILLIGAN
Page 3
PROFESSIONAL MEMBERSHIPS:
American Law Institute.
American Bar Association.
Nebraska State Bar Association (member of Committee on Inquiry for District 1 -1981-
present, Vice Chairman - - 1990-present; Tax Section Chairman - 1982).
District of Columbia Bar Association.
Planning Committee of Great Plains Federal Tax Institute (Co-Chairman of 1982
Institute).
PERSONAL:
Married to Robert S. Milligan, businessman.
Five children.
CA LI
LARRY D. THOMPSON
Mr. Thompson received his law degree from the University
of Michigan Law School in Ann Arbor, Michigan. He is a partner
with the Atlanta law firm of King & Spalding.
Mr. Thompson's practice involves white collar criminal
defense matters and complex civil litigation, including grand jury
and administrative investigations, internal corporate
investigations, RICO litigation and criminal and civil trials.
Mr. Thompson is active in several professional and civic
organizations. He serves as Chairman, Board of Directors, Atlanta
Urban League. He also serves as a member of the boards of
directors of the King-Tisdell Cottage Foundation in Savannah,
Georgia; Woodward Academy in College Park, Georgia; and the
Georgia Republican Foundation. Mr. Thompson has written a chapter
for a recent Critical Issues monograph published by The Heritage
Foundation.
Mr. Thompson is a member of the Board of Directors,
Northern District of Georgia Federal Defender Program and the
State of Georgia Board of Bar Examiners. He is also a member of
the Joseph Henry Lumpkin Inn of Court. He has participated as a
faculty member in several continuing legal education programs and
has written and lectured on civil litigation techniques,
litigation ethics, RICO, bank fraud and white collar crime for
such organizations and programs as the Institute of Continuing
Legal Education in Georgia, American Bar Association and the
Regional Training Program for Federal Investigators. Mr. Thompson
has also edited an American Bar Association publication entitled,
"Jury Instructions in Criminal Antitrust Cases, 1976-1980. He
has served as an Adjunct Professor of Law with the Walter F.
George School of Law at Mercer University in Macon, Georgia and is
a member of the bars of Georgia and Missouri. Mr. Thompson is
also a member of the Lawyers Advisory Committee of the Eleventh
Circuit Court of Appeals.
Mr. Thompson served as United States Attorney for the
Northern District of Georgia from 1982 to 1986. AS United States
Attorney, Mr. Thompson directed the Southeastern Organized Crime
Drug Enforcement Task Force and served on the Attorney General's
Economic Crime Council.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
Subject/Title of Document
Date
Restriction
Class.
and Type
04. Memo
From C. Boyden Gray to POTUS
8/5/91
(b)(6)
Re: Letter from Sundquist re Sixth Circuit (1 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
P-2/P-5 Review Case #:
Disposition Date:
AR Case #:
MR Case #:
AR Disposition:
MR Disposition:
AR Disposition Date:
MR Disposition Date:
RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Dear Don:
Thank you for your letter about the Sixth Circuit. I understand
you sat down with folks last week and that everybody is working
diligently on this issue.
Have a splendid and restful recess. I am looking forward to
mine!
Sincerely,
GB
ID #
CU
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O . OUTGOING
H INTERNAL
I a INCOMING
Date Correspondence
Received (YY/MM/DD)
I
1
Name of Correspondent: Dhil Brady
User Codes: (A)
(B)
(C)
Subject: MI Mail hetter Report from Congressman Sundainst re
fa nomenation TO Sayth
his recommendation they Dulia Circuit Gibbons
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Code
YY/MM/DD
Response
Code
YY/MM/DD
Office/Agency
(Staff Cudc Name)
ORIGINATOR 91 07ing
/
/
Referral Note: POTUS SIGNATURE
Cuat 07
P 91/07/29
S910730
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
/
/
/
/
-
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I . Info Copy Only/No Action Necessary
A Answered
C Completed
C . Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
7/26/91
TO: COUNSEL
FROM:
PHILLIP D. BRADY
Assistant to the President and
Staff Secretary
Please prepare a response for
the President's signature at
the earliest possible time.
Thank you.
rec'd 7/25
THE WHITE HOUSE
WASHINGTON
JULY 25, 1991
MEMORANDUM FOR THE PRESIDENT
FROM:
GARY J. ANDRES, DEPUTY ASSISTANT TO THE PRESIDENT FOR
LEGISLATIVE AFFAIRS oft
THROUGH: FREDERICK D. MCCLURE, ASSISTANT TO THE PRESIDENT FOR for
LEGISLATIVE AFFAIRS
RE:
LETTER FROM CONGRESSMAN DON SUNDQUIST (R-TN)
Congressman Sundquist asked me to deliver this letter to you
personally today. It concerns a conversation he had with you
last night at the House Gym Dinner regarding a candidate he is
supporting for a nomination to the U.S. Sixth Circuit Court of
Appeals.
ATTACHMENT: CONGRESSMAN SUNDQUIST LETTER TO THE PRESIDENT
Xerox
Telecopier
7020
7-25-91
;
16:28
2252814-
2024568221:# 2
DON SUNDQUIST
DISTRICT OFFICES
7TH DISTRICT. TENNESSEE
117 SOUTH 2D STREET
CLARKSVILLE TN 270.
610-552-4408
COMMITTEE
5909 SHELDY OAKS DR.
WAYS AND MEANS
Congress of the United States
SUITE 213
MEMPHIS. TN 28134
WASHINGTON OFFICE:
501-362-5811
230 CANNON HOUSE OFFICE BUILDING
WASHINGTON. DC 20515
house of Representatives
202-225-2811
Washington, DC 20515
July 25, 1991
The Hon. George Bush
President of the United States
The White House
Washington, DC 20500
Dear Mr. President:
As I mentioned briefly last evening at the gymnasium dinner,
I am experiencing a twofold problem relative to the selection of: a
new judge for U.S. Sixth Circuit Court of Appeals.
of paramount concern is that Tennessee is in danger of having
its representation on the circuit reduced from three to two, this
at a time when Tennessee is the only growth state in the circuit
and when the number of appeals originating in Tennessee continues
to show steady growth. There is no precedent for reducing a
state's representation on the circuit, let alone in a year when
the circuit will gain an additional judgeship.
Consequently, I find myself in a politically embarrassing
situation back home. Not only is Tennessee likely to lose a
judgeship, but that judgeship will be lost in the congressional
district represented by the chairman of the President's
Congressional Steering Committee. This is not going unnoticed
back home.
My second problem has to do with the judicial vacancy itself.
You have stated often that it is your wish to nominate highly-
qualified women to the federal bench. Knowing this, I recommended
late last year that the 6th Circuit vacancy be offered to U.S.
District Judge Julia Gibbons of Memphis.
Judge Gibbons appears to fit perfectly the criteria you have
set for judicial appointments; she is young (40), superbly
educated and credentialed, a Republican, a conservative with a
strong record on the bench, and enjoys broad-based support in
Tennessee. Judge Gibbons served as an aide to former Governor
Lamar Alexander and was named by him to
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2252814-
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The Hon. Goerge Bush
page two
Initially, I found it curious that my recommendation of Judge
Gibbons generated so little interest at the Justice Department.
Now, with the passage of eight months and the increased public
speculation about this appointment, I find myself reaching the
uncomfortable conclusion that Judge Gibbons is being purposefully
blocked. Most disturbing, I seem to be unable to find out why
that should be the case.
I have never come to you directly for assistance, and I do so
in this instance only because the situation is of great importance
to me and to my state and because my efforts to resolve this
through channels have won me little but confusion and frustration.
Mr. President, the loss of a major federal judgeship in
Tennessee - in my district - will certainly be viewed as a major
political setback for me. Further, the rejection of a young,
conservative female jurist who enjoys wide-ranging support in the
state and who would appear to be exactly the sort of nominee you
have sought for these positions cannot but harm the
administration's standing in Tennessee.
I respectfully seek your assistance in retaining Tennessee's
traditional third seat on the 6th Circuit Court of Appeals, and I
ask your fair consideration of U.S. District Judge Julia Gibbons
for nomination to that seat.
With thanks and kindest regards, I am
Sundquist, M.C.
DKS:rmp
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THE TENNESSEAN
NASHVILLE 3/18/91
NON MAR 8
Gibbons for 6th Circuit
sean Pa2 Endorsements
I
HE appointment of Judge Julia Glb-
the 6th Circuit because It would give those
bons to the 6th U.S. Circuit Court of
states a first-rate judge who has already
Appeals would be a credit to this region
proved in 10 years on the bench that she
and to the Bush administration.
has the Intellect, stamina and tempera-
Since 1983, Gibbons has been a federal
ment to serve with distinction.
district judge in Memphis. Her appoint-
And the appointment would be a big
ment by former President Reagan made
credit to Bush. Frankly, the Bush adminis-
her Tennessee's first woman federal
tration's record of appointing women to
judge.
judgeships is quite bad. Of the 48 district
Before that, she served as a Circuit
judicial appointments made by the admin-
Court judge in Memphis, a position to
istration in its first two years, just five
which she was appointed by former Gov.
were women. Of Bush's 18 appeals court
Lamar Alexander. That 1981 appointment
appointments, only two were women.
made her the first woman trial Judge of a
court of record in Tennessee.
Filling federal judgeships understand-
The Bush administration now has
ably has not been the White House's top
scores of judgeships to fill Just In the 6th
priority during the months of the Persian
Circuit. which handles federal appeals
Gulf conflict.
from Tennessee, Kentucky, Ohio and
But the war is over, and other matters,
Michigan, there are three vacancies on
including judgeships, are urgent. In the
the 16-judge court
case of one vacancy on the 6th Circuit.
One of those judgeships should go to
Glbbons' experience and Intellect should
Glbbons. Her appointment would benefit
make the appointment simple.
2252814-
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The Commercial appeal
Jan. 8,1991
ADITORIAL
Best for court/
Gibbons should be Bush's choice
U.S. Dist. Judge Julia S. Glb-
moved Judge Hull from another
bons should receive President
Butcher case because of & poten-
Bush's appointment to fill an up-
tial conflict of interest.
coming vacancy on the Sixth U.S.
Judge Hull also received no
Circuit Court of Appeals.
tional publicity in 1983 in the Haw-
The fact that Judge- Gibbons
kins County textbook case. He
has done an outstanding job in her
ruled that students had a right to
eight years on the federal bench is
"opt out" of classes that used books
only one reason, and perhaps not
that parents said violated their TO-
even the most important.
ligious beliefs. The appeals court,
These are the other reasons:
overturned him, and the Supreme
The vacancy will occur
Court refused to hear the case.
when Judge Harry Wellford of
By contrast, the career of
Memphis takes senior status, effec-
Judge Gibbons has been one of un-
tive Jan. 21, although it may take
marred distinction, from an out.
many months to fill the vacancy.
standing record at Vanderbilt Uni-
He will continue to heat cases part-
versity and the University of Vir-
time. Appeals court replacements
traditionally come from the same
ginia School of Law through a long
list of professional firsts.
state as the judge who is retiring
She was, as she mentions in a
or moving to part-time status.
Vanderbilt Alumnus article, "the
Nominees also are chosen from
first female attorney employed by
members of the president's party.
the firm with which I practiced,
Judge Gibbons, although only 40,
the first female legal counsel for a
is the senior Republican in terms
governor of our state (Lamar Alex-
of service among Tennessee dis-
ander). the first female trial judge
trict judges.
of a court of record in Tennesses,
Successors on an appeals
court are recommended to the
and the first female district judge
in Tennessee."
president by a U.S. senator of his
In one of her most publicized
party from the judge's state, or, if
cases, Judge Gibbons ruled that
both senators are of the opposite
unconstitutional conditions exist.
party, by the U.S. representatives
ed
At
of the SAMA
Extended Page
5.1
our avolued accing to the confu-
wao has been recommended by
sion and tensions. With an orderly
U.S. Rep. Don Sundquist (R-Tenn.),
approach that reassured everyone.
is by far the best choice for politi-
involved in the case, she directed
cal purposes. Because of her age,
jail officials and attorneys for in-
she probably would have a long ca-
mates to develop a plan of reforms.
reer on the appeals court no mat-
She approved the plan last year.
ter how political fortunes changed
Also weighing in the favor of
in the White House. And, when
Judge Gibbons is the fact that, in
next a Republican occupied it, she
1989, there were only 18 women
might be a front-runner for ap-
among the nation's 133 appellate
pointment Court. to the U.S. Supreme
court judges. The judicial branch
of government needs to have bet-
The other leading candidate
ter representation than that for
is U.S. Dist. Judge Thomas G. Hull
more than half the population.
of Greeneville In East Tennessee,
who is supported by U.S. Rep.
IF NOMINATED and con-
James Quillen (R-Tenn.). Judge
firmed to the Court of Appeals,
Hull has two disadvantages com.
Judge Gibbons would be one of the
pared with Judge Gibbons: At his
youngest judges on the appeals
age, 64, he would not have as much
bench. In her case, that's not a
service on the appeals court as a
handicap.
younger candidate and, therefore,
First, her record is superb. In
might give Democrats a quicker
her eight years as a district judge,
opportunity to make an appoint-
she has earned the respect that
ment The biggest disadvantage,
supports her candidacy. Her tem-
however, is that his federal tenure
perament is flawless; her scholar-
has been marked by several con-
ship. thorough; her judgment, ma-
troversies.
ture and reliable.
in 1984, Judge Hull stepped
Because of that record and ex-
down from a case involving
perience, her age becomes an ad-
charges against bankers Jake and
vantage. She would have a long ca-
C.H. Butcher after The News-Senti-
reer on the appeals bench - and a
nel in Knoxville reported that the
chance eventually to become a
judge had used a Butcher loan to
leading candidate for the Supreme
buy stock in a Butcher bank. More
Court. That's a major conr'' "a.-
recently, the appeals court re.
don for President Bush.
THE WHITE HOUSE
WASHINGTON
7/25
TO:
Pitic BRADY
FROM:
FRED McCLURE
Assistant to the President
for Legislative Affairs
FYI
Comment
Action
sundquist raised this
Kl
with POTUS last night.
of do not know of he is
expecting this or not. Please
handle. Copies are being
Mray.
provided for Thank summer and
Fred
Lee is 8/2
sundguist mtg
THE WHITE HOUSE
WASHINGTON
w/
7/25
TO:
Pitic BRADY
FROM:
FRED McCLURE 1
Assistant to the President
for Legislative Affairs
THE CHIEF of STAFF
FYI
has seen
Comment
Action
sundquist raised this
4)
with POTUS last might.
+ do not know of he is
expecting this or not. Please
handle. Copies are being
Mray
provided for Thank Summer and
Trad
THE WHITE HOUSE
washington
JULY 25, 1991
MEMORANDUM FOR THE PRESIDENT
FROM:
GARY J. ANDRES, DEPUTY ASSISTANT TO THE PRESIDENT FOR
LEGISLATIVE AFFAIRS
THROUGH: FREDERICK D. MCCLURE, ASSISTANT TO THE PRESIDENT FOR
LEGISLATIVE AFFAIRS
RE:
LETTER FROM CONGRESSMAN DON SUNDQUIST (R-TN)
Congressman Sundquist asked me to deliver this letter to you
personally today. It concerns a conversation he had with you
last night at the House Gym Dinner regarding a candidate he is
supporting for a nomination to the U.S. Sixth Circuit Court of
Appeals.
ATTACHMENT: CONGRESSMAN SUNDQUIST LETTER TO THE PRESIDENT
RCV BY:Xerox Telecopier 7020 ; 7-25-91 ; 16:28 ;
2252814-
2024568221:# 2
DON SUNDQUIST
DISTRICT OFFICES
7TH DISTRICT, TENNESSEE
117 SOUTH 2D STREET
CLARKSVILLE TN 37040
COMMITTEE
615-552-4408
WAYS AND MEANS
Congress of the United States
5909 SHELBY OAKS DRIVE
SUITE 213
MEMPHIS. TN 38134
WASHINGTON OFFICE:
801-382-5911
230 CANNON HOUSE OFFICE BUILDING
WASHINGTON. DC 20515
house of Representatives
202-225-2811
Washington, DC 20515
July 25, 1991
The Hon. George Bush
President of the United States.
The White House
Washington, DC 20500
Dear Mr. President:
As I mentioned briefly last evening at the gymnasium dinner,
I am experiencing a twofold problem relative to the selection of a
new judge for U.S. Sixth Circuit Court of Appeals.
Of paramount concern is that Tennessee is in danger of having
its representation on the circuit reduced from three to two, this
at a time when Tennessee is the only growth state in the circuit
and when the number of appeals originating in Tennessee continues
to show steady growth. There is no precedent for reducing a
state's representation on the circuit, let alone in a year when
the circuit will gain an additional judgeship.
Consequently, I find myself in a politically embarrassing
situation back home. Not only is Tennessee likely to lose a
judgeship, but that judgeship will be lost in the congressional
district represented by the chairman of the President's
Congressional Steering Committee. This is not going unnoticed
back home.
My second problem has to do with the judicial vacancy itself.
You have stated often that it is your wish to nominate highly-
qualified women to the federal bench. Knowing this, I recommended
late last year that the 6th Circuit vacancy be offered to U.S.
District Judge Julia Gibbons of Memphis.
Judge Gibbons appears to fit perfectly the criteria you have
set for judicial appointments; she is young (40), superbly
educated and credentialed, a Republican, a conservative with a
strong record on the bench, and enjoys broad-based support in
Tennessee. Judge Gibbons served as an aide to former Governor
Lamar Alexander and was named by him to the state bench. In 1983,
she was named to the U.S. District Court by President Reagan.
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2252814-
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The Hon. Goerge Bush
page two
Initially, I found it curious that my recommendation of Judge
Gibbons generated so little interest at the Justice Department.
Now, with the passage of eight months and the increased public
speculation about this appointment, I find myself reaching the
uncomfortable conclusion that Judge Gibbons is being purposefully
blocked. Most disturbing, I seem to be unable to find out why
that should be the case.
I have never come to you directly for assistance, and I do so
in this instance only because the situation is of great importance
to me and to my state and because my efforts to resolve this
through channels have won me little but confusion and frustration.
Mr. President, the loss of a major federal judgeship in
Tennessee - in my district - will certainly be viewed as a major
political setback for me. Further, the rejection of a young,
conservative female jurist who enjoys wide-ranging support in the
state and who would appear to be exactly the sort of nominee you
have sought for these positions cannot but harm the
administration's standing in Tennessee.
I respectfully seek your assistance in retaining Tennessee's
traditional third seat on the 6th Circuit Court of Appeals, and I
ask your fair consideration of U.S. District Judge Julia Gibbons
for nomination to that seat.
With thanks and kindest regards, I am
Sincerely,
Don Sundquist, M.C.
DKS:rmp
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2252814-
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THE TENNESSEAN
NASHVILLE 3/18/91
NON MAR18 91T
Gibbons for 6th Circuit
Tsean Pai Endorsements
HE appointment of Judge Julia Glb-
the 6th Circuit 8A/12 because It would give those
bons to the 6th U.S. Circuit Court of
states a first-rate judge who has already
Appeals would be a credit to this region
proved in 10 years on the bench that she
and to the Bush administration.
has the Intellect, stamina and tempera-
Since 1983. Gibbons has been a federal
ment to serve with distinction.
district judge in Memphis. Her appoint-
And the appointment would be a big
ment by former President Reagan made
credit to Bush. Frankly, the Bush adminis-
her Tennessee's first woman federal
tration's record of appointing women to
judge.
judgeships is quite bad. Of the 48 district
Before that, she served as a Circuit
judicial appointments made by the admin-
Court judge in Memphis, a position to
istration in its first two years, just five
which she was appointed by former Gov.
Lamar Alexander. That 1981 appointment
were women. Of Bush's 18 appeals court
appointments, only two were women.
made her the first woman trial judge of a
court of record in Tennessee.
Filling federal judgeships understand-
The Bush administration now has
ably has not been the White House's top
scores of judgeships to fill Just In the 6th
priority during the months of the Persian
Circuit. which handles federal appeals
Gulf conflict.
from Tennessee, Kentucky, Ohio and
But the war is over, and other matters,
Michigan, there are three vacancies on
including judgeships, are urgent. In the
the 16-judge court.
case of one vacancy on the 6th Circuit,
One of those judgeships should go to
Gibbons' experience and intellect should
Gibbons. Her appointment would benefit
make the appointment simple.
RCV BY:Xerox Telecopier 7020 ; 7-25-91 ; 16:30
2252814-
2024566221:# 5
The Commercial appeal
Jan. 8,1991
EDITORIALS
Best for court/
Gibbons should be Bush's choice
U.S. Dist. Judge Julia S. Glb-
moved Judge Hull from another
bons should receive President
Butcher case because of a poten-
Bush's appointment to fill an up-
tial conflict of interest.
coming vacancy on the Sixth U.S.
Judge Hull also received na-
Circuit Court of Appeals.
tional publicity in 1985 in the Haw.
The fact that Judge Gibbons
kins County textbook case. He
has done an outstanding job in her
ruled that students had a right to
eight years on the federal bench is
"opt out" of classes that used books
only one reason, and perhaps not
that parents said violated their re-
even the most important.
ligious beliefs. The appeals court,
These are the other reasons:
overturned him, and the Supreme
The vacancy will occur
Court refused to hear the case.
when Judge Harry Wellford of
By contrast, the career of
Memphis takes senior status, effec-
Judge Gibbons has been one of un-
tive Jan. 21, although it may take
marred distinction, from an out.
many months to fill the vacancy.
standing record at Vanderbilt Uni-
He will continue to hear cases part-
time. Appeals court replacements
versity and the University of Vir-
traditionally come from the same
ginia School of Law through a long
list of professional firsts.
state as the judge who is retiring
She was, as she mentions in a
or moving to part-time status.
Vanderbilt Alumnus article, "the
Nominees also are chosen from
first female attorney employed by
members of the president's party.
Judge Gibbons, although only 40,
the firm with which I practiced,
the first female legal counsel for a
is the senior Republican in terms
governor of our state (Lamar Alex-
of service among Tennessee dis-
trict judges.
ander), the first female trial judge
Successors on an appeals
of 4 court of record in Tennessee,
court are recommended to the
and the first female district judge
in Tennessee."
president by a U.S. senator of his
party from the judge's state, or, if
In one of her most publicised
cases, Judge Gibbons ruled that
both senators are of the opposite
unconstitutional conditions exist-
party, by the U.S. representatives
ed at the Shelby County Jail, but
of the same party. Judge Gibbons.
she
avoided
who has reen
Extended Page
5.1
owe average adding to the confu-
wao has been recommended by
sion and tensions. With an orderly
U.S. Rep. Don Sundquist (R-Tenn.),
approach that reassured everyone.
is by far the best choice for politi-
involved in the case, she directed
cal purposes. Because of her age,
jail officials and attorneys for in-
she probably would have a long ca-
mates to develop a plan of reforms.
reer on the appeals court no mat-
She approved the plan last year.
tor how political fortunes changed
Also weighing in the favor of
in the White House. And, when
Judge Gibbons is the fact that, in
next a Republican occupied it, she
1989, there were only 18 women
might be a front-runner for ap-
among the nation's 133 appellate
pointment to the U.S. Supreme
court judges. The judicial branch
Court.
of government needs to have bet-
The other leading candidate
ter representation than that for
is U.S. Dist. Judge Thomas G. Hull
more than half the population.
of Greeneville in East Tennessee,
who is supported by U.S. Rep.
IF NOMINATED and con-
James Quillen (R-Tenn.). Judge
firmed to the Court of Appeals,
Hull has two disadvantages com-
Judge Gibbons would be one of the
pared with Judge Gibbons: At his
youngest judges on the appeals
age, 64, he would not have as much
bench. In her case, that's not a
service on the appeals court as a
handicap.
younger candidate and. therefore,
First, her record is superb. In
might give Democrats a quicker
her eight years as a district judge,
opportunity to make an appoint-
she has earned the respect that
ment The biggest disadvantage,
supports her candidacy. Her tem-
however, is that his federal tenure
perament is flawless; her scholar-
has been marked by several con-
ship. thorough; her judgment, ma-
troversies.
ture and reliable.
in 1984, Judge Hull stepped
Because of that record and ex-
down from a case involving
perience, her age becomes an ad-
charges against bankers Jake and
vantage. She would have a long ca-
C.H. Butcher after The News-Senti-
reer on the appeals bench - and a
nel in Knoxville reported that the
chance eventually to become a
judge had used a Butcher loan to
leading candidate for the Supreme
buy stock in a Butcher bank. More
Court. That's a major cons' -a.
recently. the appeals court re-
tion for President Bush.
THE WHITE HOUSE
WASHINGTON
DATE:
July 26, 1991
TO:
GOVERNOR SUNUNU
FROM:
ED ROGERS
Per yesterday's conversation, here is more
information on the Sundquist nominee:
FYI.
DON SUNDQUIST
DISTRICT OFFICES
7TH DISTRICT TENNESSEE
117 SOUTH 20 STREET
CLARKSVILLE. TN 37040
615-552-4406
COMMITTEE
WAYS AND MEANS
Congress of the United States
5909 SHELBY OAKS DRIVE
SUITE 213
MEMPHIS TN 38134
WASHINGTON OFFICE
901-382-5811
230 CANNON HOUSE OFFICE BUILDING
WASHINGTON DC 20315
house of Representatives
202-225-2811
Washington, DC 20515
July 25, 1991
The Hon. George Bush
President of the United States
The White House
Washington, DC 20500
Dear Mr. President:
As I mentioned briefly last evening at the gymnasium dinner,
I am experiencing a twofold problem relative to the selection of a
new judge for U.S. Sixth Circuit Court of Appeals.
Of paramount concern is that Tennessee is in danger of having
its representation on the circuit reduced from three to two, this
at a time when Tennessee is the only growth state in the circuit
and when the number of appeals originating in Tennessee continues
to show steady growth. There is no precedent for reducing a
state's representation on the circuit, let alone in a year when
the circuit will gain an additional judgeship.
Consequently, I find myself in a politically embarrassing
situation back home. Not only is Tennessee likely to lose a
judgeship, but that judgeship will be lost in the congressional
district represented by the chairman of the President's
Congressional Steering Committee. This is not going unnoticed
back home.
My second problem has to do with the judicial vacancy itself.
You have stated often that it is your wish to nominate highly-
qualified women to the federal bench. Knowing this, I recommended
late last year that the 6th Circuit vacancy be offered to U.S.
District Judge Julia Gibbons of Memphis.
Judge Gibbons appears to fit perfectly the criteria you have
set for judicial appointments; she is young (40), superbly
educated and credentialed, a Republican, a conservative with a
strong record on the bench, and enjoys broad-based support in
Tennessee. Judge Gibbons served as an aide to former Governor
Lamar Alexander and was named by him to the state bench. In 1983,
she was named to the U.S. District Court by President Reagan.
-more-
The Hon. Goerge Bush
page two
Initially, I found it curious that my recommendation of Judge
Gibbons generated so little interest at the Justice Department.
Now, with the passage of eight months and the increased public
speculation about this appointment, I find myself reaching the
uncomfortable conclusion that Judge Gibbons is being purposefully
blocked. Most disturbing, I seem to be unable to find out why
that should be the case.
I have never come to you directly for assistance, and I do so
in this instance only because the situation is of great importance
to me and to my state and because my efforts to resolve this
through channels have won me little but confusion and frustration.
Mr. President, the loss of a major federal judgeship in
Tennessee - in my district - will certainly be viewed as a major
political setback for me. Further, the rejection of a young,
conservative female jurist who enjoys wide-ranging support in the
state and who would appear to be exactly the sort of nominee you
have sought for these positions cannot but harm the
administration's standing in Tennessee.
I respectfully seek your assistance in retaining Tennessee's
traditional third seat on the 6th Circuit Court of Appeals, and I
ask your fair consideration of U.S. District Judge Julia Gibbons
for nomination to that seat.
With thanks and kindest regards, I am
Sincerely,
Don Sundquist, M.C.
DKS:rmp
enclosures
THE TENNESSEAN
NASHVILLE 3/18/91
MON MAR 13 '91 T
Gibbons for 6th Circuit
Tseam Pai Endorsements
9A
HE appointment of Judge Julia Glb-
the 6th Circuit because it would give those
bons to the 6th U.S. Circuit Court of
states a first-rate judge who has already
Appeals would be a credit to this region
proved in 10 years on the bench that she
and to the Bush administration.
has the Intellect, stamina and tempera-
Since 1983, Glbbons has been a federal
ment to serve with distinction.
district judge In Memphis. Her appoint-
And the appointment would be a big
ment by former President Reagan made
credit to Bush. Frankly, the Bush adminis-
her Tennessee's first woman federal
tration's record of appointing women to
judge.
judgeships is quite bad. Of the 48 district
Before that, she served as a Circuit
judicial appointments made by the admin-
Court judge in Memphis, a position to
istration in its first two years, just five
which she was appointed by former Gov.
were women. Of Bush's 18 appeals court
Lamar Alexander. That 1981 appointment
appointments, only two were women.
made her the first woman trial judge of a
court of record in Tennessee.
Filling federal judgeships understand-
The Bush administration now has
ably has not been the White House's top
scores of judgeships to fill. Just in the 6th
priority during the months of the Persian
Circuit. which handles federal appeals
Gulf conflict.
from Tennessee, Kentucky, Ohio and
But the war is over, and other matters,
Michigan, there are three vacancies on
including judgeships, are urgent. In the
the 16-judge court
case of one vacancy on the 6th Circuit,
One of those judgeships should go to
Gibbons' experience and intellect should
Glbbons. Her appointment would benefit
make the appointment simple.
EDITORIALS
The Commercial Appeal
1/8/91
Best for court/
Gibbons should be Bush's choice
U.S. Dist. Judge Julia S. Gib-
moved Judge Hull from another
bons should receive President
Butcher case because of a poten-
Bush's appointment to fill an up-
tial conflict of interest.
coming vacancy on the Sixth U.S.
Judge Hull also received no-
Circuit Court of Appeals.
tional publicity in 1983 in the Haw.
The fact that Judge Gibbons
kins County textbook case. He
has done an outstanding job in her
ruled that students had a right to
eight years on the federal bench is
"opt out" of classes that used books
only one reason, and perhaps not
that parents said violated their TO-
even the most important.
ligious beliefs. The appeals court
These are the other reasons:
overturned him. and the Suprame
The vacancy will occur
Court refused to hear the case.
when Judge Harry Wellford of
By contrast, the career of
Memphis takes senior status, effec-
Judge Gibbons has been one of un-
tive Jan. 21, although it may take
marred distinction, from an out.
many months to fill the vacancy.
standing record at Vanderbilt Uni-
He will continue to hear cases part-
versity and the University of Vir-
time. Appeals court replacements
ginis School of Law through a long
traditionally come from the same
list of professional firsts.
state as the judge who is retiring
She was, as she mentions in a
or moving to part-time status.
Vanderbilt Alumnus article, "the
Nominees also are chosen from
first female attorney employed by
members of the president's party.
the firm with which I practiced,
Judge Gibbons, although only 40,
the first female legal counsel for a
is the senior Republican in terms
governor of our state (Lamar Alex-
of service among Tennessee dis-
trict judges.
ander), the first female trial judge
of a court of record in Tennessee,
Page
5.1
Successors on an appeals
and the first female district indge
court are recommended to the
in Tennessee.'
president by a U.S. sanator of his
in one of her most publicised
party from the judge's state, or, if
cases, Judge Gibbons ruled that
both senstors are of the opposite
unconstitutional conditions exist.
party, by the U.S. representatives
ed at the Shelby County Jail, but
of the same party. Judge Gibbons,
she avoided adding to the confu-
who has been recommended by
sion and tensions. With an orderly
U.S. Rep. Don Sundquist (R-Tenn.),
approach that reassured everyone
is by far the best choice for politi-
involved in the case, she directed
cal purposes. Because of her age,
jail officials and attorneys for in-
she probably would have a long CB
mates to develop a plan of reforms.
reer on the appeals court no mat-
She approved the plan last year.
ter how political fortunes changed
Also weighing in the favor of
in the White House. And, when
Judge Gibbons 18 the fact that, in
next a Republican occupied it, she
1989, there were only 18 women
might be a front-runner for ap-
among the nation's 133 appellate
pointment to the U.S.
Supreme
court judges. The judicial branch
Court.
of government needs to have bet-
The other leading candidate
ter representation than that for
is U.S. Dist. Judge Thomas G. Hull
more than half the population.
of Greeneville in East Tennessee,
who is supported by U.S. Rep.
IF NOMINATED and con-
James Quillen (R-Tenn.). Judge
firmed to the Court of Appeals,
Hull has two disadvantages com-
Judge Gibbons would be one of the
pared with Judge Gibbons: At his
youngest judges on the appeals
age, 64, he would not have as much
bench. In her case, that's not a
service on the appeals court as a
handicap.
younger candidate and, therefore,
First, her record is superb. In
might give Democrats a quicker
her eight years as a district judge,
opportunity to make an appoint-
she has earned the respect that
ment. The biggest disadvantage,
supports her candidacy. Her tem-
however, to that his federal tenure
perament is flawless; her scholar-
has been marked by several con-
ship. thorough; her judgment ma-
troversies.
ture and reliable.
In 1984, Judge Hull stepped
Because of that record and ex-
down from a case involving
periance, her age becomes an ad-
charges against bankers Jake and
vantage. She would have a long ca-
C.H. Butcher after The NewsSanti-
rear on the appeals bench and a
nel in Knoxville reported that the
chance eventually to become a
judge had used a Butcher loan to
leading candidate for the Supreme
buy stock in a Butcher bank. More
Court. That's A major conr
recently, the appeals court re-
tion for President Bush.
RCV BY:Xerox Telecopier 7020 ; 6-27-91 ; 3:33PM ;
2252814-
2024562397;# 2
Copy to Boyden
DON SUNDQUIST
DISTRICT OFFICES:
7TH DISTRICT. TENNESSEE
117 SOUTH 2D STREET
CLARKSVILLE, TN 37040
COMMITTEE
615-552-4406
WAYS AND MEANS
Congress of the Anited States
5909 SHELBY OAKS DRIVE
SUITE 213
MEMPHIS, TN 38134
WASHINGTON OFFICE
901-382-5811
230 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20615
House of Representatives
202-228-2811
Washington, DC 20515
has seen
June 27, 1991
THE CHIEF of STAFF
The Honorable John Sununu
Chief of Staff
The White House
Washington, DC 20500
Dear Governor Sununu:
I understand only too well the particular pressures upon you
at present and the unfair media and partisan criticism directed at
you, and I want first to assure you of my full support.
I bring this matter to your personal attention again only
because I seem to be getting the run-around from the General
Counsel and the Justice Department. As one of the President's
earliest supporters, chairman of his 1988 Congressional Steering
Committee, and as one who has stood by this President and this
administration -- even in its most difficult hours -- I ought to
at least be able to get my questions answered by Justice and the
General Counsel. Failing that, however, I ask for your help and
support.
I have spoken with you on other occasions about Judge Harry
W. Wellford's decision to take senior status on the U.S. 6th
Circuit Court of Appeals and my great interest in retaining this
judgeship for Tennessee, specifically for U.S. District Judge
Julia Gibbons of Memphis.
Since Judge Wellford made known his intention to take senior
status, it has been my assumption -- and that of many in
Tennessee -- that a Tennessean would be selected to replace him.
It now appears, however, that this seat will be given to a nominee
from either Michigan or Ohio, leaving Tennessee with only two
judges on an expanded 16-member circuit. I am profoundly
disturbed by the prospect of my state's diminished representation,
especially since Tennessee has an exemplary candidate to succeed
Judge Wellford in District Judge Julia Gibbons.
RCV BY:Xerox Telecopier 7020 ; 6-27-91 ; 3:34PM ;
2252814-
2024562397;# 3
Hon. John Sununu
page two
Her nomination would be both good policy and good politics
for the Bush Administration. Judge Gibbons is young, female,
Republican, conservative (a Reagan nominee to the District Court),
impressively credentialed and professionally accomplished. She
has earned the strong and public endorsement of Tennessee's
leading newspapers and its judges on the U.S. 6th Circuit Court of
Appeals.
It seems to me that Julia Gibbons is precisely the sort of
nominee this administration has made a point to seek out. That
she appears unable to attract the serious consideration of the
Justice Department is curious.
The larger question, however, is Tennessee's retention of
Judge Wellford's seat. It is my understanding that no precedent
exists for reducing a state's representation on the Appeals Court.
Moreover, the case for preserving Tennessee's traditional third
seat is compelling. The state's population grew by a full 5
percent from 1980 to 1990; among other states in the 6th Circuit,
Michigan and Ohio experienced actual declines in population (-.9
and -.2 percent, respectively), while Kentucky grew by only the
barest of margins (1 percent).
Initial census reports suggested that Michigan and Ohio will
lose two congressional seats apiece after reapportionment, while
Kentucky will lose one. If the adjusted census numbers are used,
Michigan's loss will be but one seat, but Ohio would lose three.
By either accounting, Kentucky will lose one of its congressional
districts. Tennessee, the only growth state in the circuit, will
retain all nine of its seats in Congress.
The substantive argument is solid enough, but there are also
valid political concerns involved. Judge Wellford's seat is based
in the Western District of Tennessee, which includes most of my
congressional district. As one who is closely associated with
this administration, I am naturally regarded back home as a friend
of the White House, one with some ability to represent Tennessee's
interest at a time when we are without Republican representation
in the Senate.
-more-
RCV BY:Xerox Telecopier 7020 ; 6-27-91 ; 3:35PM ;
2252814-
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Hon. John Sununu
page three
-----
A decision to strip my district of a judicial appointment
long based here will be seen as a political rebuke, not only to
me, but to other prominant Tennessee Republicans who have actively
supported the President. In moving our judgeship to either
Michigan or Ohio, the administration stands to lose far more in
Tennessee than it is likely to gain in either of our amply-
represented rivals to the north.
Regardless how the expanded 6th Circuit is to be organized,
there is neither justification nor precedent for reducing
Tennessee's representation -- especially not at a time when ours
is the only state of the four that can truly be said to be
growing. I urge your intervention to reverse the Justice
Department's proposal and to preserve Tennessee's third judgeship
on the 6th Circuit Court of Appeals.
Sincerely,
Don Sundquist, M.C.
DKS:rmp
THE WHITE HOUSE
WASHINGTON
5/29
6/20
DATE: May 2, 1991
TO:
BOYDEN GRAY
FROM:
GOVERNOR JOHN H. SUNUNU
Please review the attached letter
from Sundquist and draft a response
for my signature.
231492
DON SUNDQUIST
DISTRICT OFFICES:
7TH DISTRICT, TENNESSEE
117 SOUTH 2D STREET
CLARKSVILLE, TN 37040
615-552-4406
COMMITTEE:
WAYS AND MEANS
5909 SHELBY OAKS DRIVE
Congress of the United States
SUITE 213
MEMPHIS, TN 38134
WASHINGTON OFFICE:
901-382-5811
230 CANNON HOUSE OFFICE BUILDING
WASHINGTON, DC 20515
house of Representatives
202-225-2811
Washington, DC 20515
AC/ER
April 18, 1991
The Hon. John Sununu
Chief of Staff
THE CHIEF of STAFF
The White House
has seen
Washington, DC 20500
Dear Governor Sununu:
Recognizing the many demands placed on your time, I hesitate
to call your attention to the matter of one federal judgeship. I
do so, however, because it is of considerable importance for
Tennessee.
At issue is the pending appointment of a replacement for
retiring Judge Harry W. Wellford of the U.S. Sixth Circuit Court
of Appeals. Judge Wellford's is one of three seats traditionally
held by Tennesseans (Michigan and Ohio currently have six apiece;
Kentucky has the remaining two; a newly-created 16th seat is to be
assigned to Michigan).
I have assumed, as have many in Tennessee, that a Tennessean
would be selected to replace Judge Wellford. Accordingly, I have
recommended to the Justice Department the nomination of U.S.
District Judge Julia Gibbons of Memphis, a well-respected, well-
credentialed young woman whose judicial philosophy is in keeping
with the President's.
It has recently come to my attention, however, that the
Justice Department intends to give the Wellford seat to Ohio,
basing its decision, I'm told, on the number of appeals
originating in each state and the average caseload per judge.
Using those measures, however, the case for shifting
Tennessee's seat to Ohio is weak, at best. The Justice
Department's own figures show a declining number of appeals
originating in Ohio, contrasted with steady growth in appeals from
Tennessee. Moreover, on the basis of appeals-per-judge, each of
Ohio's seven judges would handle approximately 150 cases, while
each of Tennessee's two remaining judges would have to decide 406
appeals.
-more-
The Hon. John Sununu
page two
If you will permit me to present some statistics:
SOURCE OF APPEALS, U.S. SIXTH CIRCUIT 1986 - 1990
1986
1987
1988
1989
1990
Michigan
932
1166
1235
1332
1363
Ohio
944
989
1588
1037
1082
Tennessee
622
671
683
718
812
Kentucky
449
552
569
643
689
In short, the number of appeals filed in Ohio has remained
constant over the past five years, except for an unusual
statistical spike in 1988; the number of appeals filed there last
year represents an increase of 14.6 percent over 1986. Appeals
originating in Tennessee, on the other hand, increased annually
during that five year span, and the 1990 total represents a 30.5
percent increase over 1986.
I have no quarrel with awarding the new seat to Michigan.
The judges there have by far the heaviest caseload and, like
the Tennessee judges, have seen steady and considerable growth in
appeals filed. Using the Justice Department's own measure, Ohio's
argument for parity with Michigan is unconvincing; Michigan's
caseload is about 35 percent heavier and its caseload per judge
was 227 last year, compared with Ohio's 180. Tennessee's three
judges last year handled an average of 271 cases apiece.
The only other argument for increased judicial representation
for Michigan and Ohio lies in a comparison of population figures.
Fair enough. I suggest, however, that the current apportionment
of judges already takes population into account. Michigan has one
judge for every 1.5 million people, Ohio and Tennessee each have
one judge for every 1.6 million people, and Kentucky has one judge
for every 1.8 million. Transferring Tennessee's seat to Ohio
lowers Ohio's ratio to 1:1.5 million, but raises Tennessee's to
1:2.4 million -- way out of line with ratios for other states in
the 6th Circuit.
To sum up, I would argue that the Justice Department's
inclination to shift Tennessee's traditional third seat to Ohio is
not only unwise, but contrary to the department's own criteria for
distributing judicial appointments among the states in the Sixth
Circuit. Indeed, the shift would burden Tennessee's remaining
judges with one of the highest caseloads in the nation, while
leaving Ohio's judges with among the lowest.
The Hon. John Sununu
page three
I respectfully request your assistance in retaining this
important appointment for Tennessee and ensuring some measure of
balance and equity in the distribution of judges in the U.S. Sixth
Circuit.
With kindest regards, I am
Sincerely,
Don Don Sundquist, M.C.
DKS: rmp
CC: The Hon. Dick Thornburgh
CC: Mr. Murray G. Dickman
ID# 231492
THE WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
INCOMING
DATE RECEIVED: APRIL 22, 1991
NAME OF CORRESPONDENT: THE HONORABLE DON SUNDQUIST
SUBJECT: OPPOSES THE JUSTICE DEPARTMENT'S INTENTION TO
MOVE THE SEAT OF THE U.S. SIXTH CIRCUIT COURT
OF APPEALS TO OHIO
ACTION
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DATE
TYPE
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CODE YY/MM/DD RESP D YY/MM/DD
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KEEP THIS WORKSHEET ATTACHED TO THE ORIGINAL INCOMING
LETTER AT ALL TIMES AND SEND COMPLETED RECORD TO RECORDS
MANAGEMENT.
Copy to Boyden
258257
MALCOLM WALLOP
WASHINGTON OFFICE (202) 224-6441
WYOMING
CASPER OFFICE
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2201 FEDERAL BUILDING 82601
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July 29, 1991
THE CHIEF of STAFF
The Honorable John H. Sununu
has seen
Chief of Staff
The White House
Washington, D.C. 20500
Dear John:
Following up on last Friday's meeting with you and Boyden
Gray regarding Wyoming's interest in the 10th Circuit Court of
Appeals judgeship, we want to reiterate once again the importance
of this appointment to us and our state.
As we said, Wyoming and New Mexico are the only two 10th
Circuit states that have only one judge on that bench. When
Congress passed the Federal Judgeship bill last year, it was with
the good faith belief that Wyoming and New Mexico would get the
two new judgeships created. Oklahoma and all the other states in
the circuit already have two judges each on that court, and
Wyoming deserves one of these new seats.
The Department of Justice says that Oklahoma's caseload
somehow justifies one or both of these seats. We would remind
you that Oklahoma has some 200 death row inmates, which is a
large part of its circuit caseload, and frankly the two sitting
Oklahoma judges on the 10th Circuit don't seem to have done much
to deal with them. There have only been three death penalty
executions from the 10th Circuit in 20 years--and all three were
Utah cases.
At the district level, Oklahoma also has a large number of
bankruptcies, which constitute a significant amount its federal
caseload, but the fact is that they are not commonly appealed.
Also, much of Oklahoma's caseload is from Indian-related issues.
Wyoming has one of the largest Indian reservations in the nation,
and a Wyoming judge would be equally sensitive to those problems
and issues.
If caseload is the determining factor, Oklahoma's problem is
not that it lacks 10th Circuit judges, but that it needs more
district judges. Let's give them more of the latter if we need
to address Oklahoma's caseload problem. If, on the other hand,
the Administration is saying that only judges from Oklahoma are
equipped to handle Oklahoma appeals, that is hogwash. A Wyoming
The Honorable John Sununu
July 29, 1991
Page 2
judge can read and apply the law as well as any other nominee.
The issue here is balance--the 10th Circuit needs to appear and
to be balanced.
John, Wyoming is the only state in the 10th Circuit with two
Republican senators and a wholly Republican congressional
delegation. Both of our Wyoming candidates are excellent
nominees, and either would be a tribute to the Bush
Administration. We truly hope the President will see fit to
nominate one of our Wyoming candidates in the very near future.
Any assistance and support you can provide would be greatly
appreciated.
Sincerely,
Milcolm Walcolm Wallop
Al Simpson aR
United States Senator
United States Senator
THE WHITE HOUSE
WASHINGTON
THE CHIEF of STAFF
July 24, 1991
has seen
MEMORANDUM FOR GOVERNOR 1 SUNUNU
FROM:
SUBJECT:
JIM Dick DYER StD Rosenbaum
Yesterday Senator Dole raised the question of Dick Rosenbaum's
status for his appointment to be a New York State Judge. You
asked to be reminded of this.
THE WHITE HOUSE
WASHINGTON
DATE: July 26, 1991
TO:
GOVERNOR SUNUNU
FROM:
ED ROGERS
Per our discussion yesterday, attached
please find the material on Dick Rosenbaum's
nomination to the 2nd circuit court of appeals.
FYI.
JUL-25-91 THU 17:26
NHDD ROCH
FAX NO. 7162631600
P.02
GERALD R. FORD
July 15, 1991
Dear George:
I write a very strong letter of endorsement on behalf of a very
good friend - Dick Rosenbaum - who is being considered for
nomination to the 2nd Circuit Court of Appeals.
I've know Dick since the 1960s. At the request of Governor
Nelson Rockefeller, he left a New York State Supreme Court
judgeship to become Republican State Chairman. For about 40
years he has served the GOP with integrity and fine leadership.
At present, Dick is a fine Republican National Committeeman.
Dick Rosenbaum has an excellent legal background for à federal
judgeship nomination. Re has served as S Supreme Court Judge
in New York State, so he has had & judicial background. He has
had broad and successful experience in the private practice of
the law.
Dick Rosenbaum 16 as person of the highest character and is
dedicated to those fundamental principles of government which
we support.
I reiterate my endorsement for Dick Rosenbaum's nomination as a
judge on the 2nd Circuit Court of Appeals.
Warmest, best wishes,
The Honorable George Bush
The President of the United States
The White House
Washington, D.C. 20500
KOSENBAUM, Dick
JUL-25-91 THU 17:27
NHDD ROCH
FAX NO. 7162631600
P.03
ALAN K. SIMPSON
WYOMING
United States Senate
Assistant Republican Leader
WASHINGTON, D.C. 20510
July 19, 1991
Honorable C. Boyden Gray
Counsel to the President
The White House
Washington, D.C. 20500
Dear Boyden:
I am advised that a decision has not yet been
made on the Circuit Court of Appeals, Second Circuit,
and I just wanted to "refresh" my support of Dick
Rosenbaum for that appointment.
Attached is the text of my March 20, 1991 letter
on Dick's behalf. Please know that I continue to
choice. feel just as strongly that he would be an excellent
I would appreciate being advised on the status
made. of this nomination and of the decision, once it is
Thank you again for giving Dick every proper
consideration in the selection process. I do very
much appreciate that.
With best regards,
Most sincerely R
Alan K. Simpson
United States Senator
AKS/dhg
Enclosure
NOT PRINTED OR PREPARED AT GOVERNMENT OR TAXPAYER EXPENSE
JUL-25-91 THU 17:27
NHDD ROCH
FAX NO. 7162631600
P.04
United States Senate
WASHINGTON, DC 20510
July 19, 1991
The Honorable George Bush
President of the United States
The White House
1600 Pennsylvania Avenue
Washington, D.C. 20500
Dear Mr. President:
We heartily endorse Richard M. Rosenbaum for
appointment to fill a vacancy on the U.S. Court of
Appeals, Second Circuit.
Dick is a graduate of the Cornell University School
of Law and is a partner in the venerable law firm of
Nixon, Hargrave, Devans & Doyle. He is a former member
of the New York Supreme Court and he enjoys a reputation
as a first class lawyer.
His philosophy of the law is in complete agreement
with the philosophy of your administration in that he
believes strongly in judicial restraint, strict
construction of the Constitution, and he is totally
opposed to legislating from the bench.
In addition to practicing law over many years, he
has devoted his life to working for the good of the
Republican Party.
As a matter of fact, some years ago he left the
bench with twelve years to go in his term in order to
strengthen the Party in New York State as its Chairman at
the request of then Governor, Nelson A. Rockefeller.
The only objection to Dick's candidacy has been his
age (he was 60 in April) but he is in robust physical
condition and is known to be an extremely hard worker.
-1-
JUL-25-91 THU 17:28
NHDD ROCH
FAX NO. 7162631600
P.05
-2-
Mr. President, we urge you to nominate Dick
Rosenbaum to the U.S Court of Appeals, Second Circuit as
we are sure that he will be a credit to the Court and to
your Administration for many years to come.
Thank you very much for your consideration and
concern.
Sincerely,
Robert Dole
Alan K. Simpson
Republican Leader
Assistant Republican Leader
aifair D'amists
Aliense D'Amato
United States Senator
JUL-25-91 THU 17:28
NHDD ROCH
FAX NO. 7162631600
P.06
STEVE SYMMS
IDAHO
United States Senate
WASHINGTON, DC 20510
June 28, 1991
Mr. Richard M. Rosenbaum
Nixon Hargrave Devans & Doyle
Clinton Square
Post Office Box 1051
Rochester, New York 14603
Dear Dick:
A short note to let you know that I have joined my
colleagues in supporting your interests in serving on
the Circuit Court of Appeals. Letters have gone to the
White House.
Thank you for calling on me to support your efforts.
It is my pleasure.
You're a great American and I wish you well.
Sincerely
STEVE Slave SYMMS
United States Senator
It
faxed without signature to avoid delay
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
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05. Memo
From C. Boyden Gray to John Sununu
7/26/91
(b)(6)
Re: 10th Circuit Status Report (9 pp.)
Collection:
Record Group:
Bush Presidential Records
Office:
Chief of Staff, White House Office of
Series:
Sununu, John, Files
Subseries:
Issues Files
WHORM Cat.:
File Location:
Judicial Selection 1991 [1]
Date Closed:
1/4/2005
OA/ID Number:
29161-006
FOIA/SYS Case #:
1998-0004-F[2]
Appeal Case #:
Re-review Case #:
2005-0426-S
Appeal Disposition:
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AR Case #:
MR Case #:
AR Disposition:
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RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
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agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile.
Withdrawal/Redaction Sheet
(George Bush Library)
Document No.
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06. Note
From Katie Winklejohn to John Sununu
7/26/91
P/2, P5, (b)(6)
Re: Messages from Senators on their Nominees for Judicial
Appointments [FOIA RESTRICTIONS REDACTED] (1
pp.)
Collection:
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Open on Expiration of PRA
Office:
Chief of Staff, White House Office of
(Document Follows)
Series:
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By SP (NLGB) on 10/28/05
Subseries:
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WHORM Cat.:
File Location:
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Date Closed:
1/4/2005
OA/ID Number:
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Re-review Case #:
2005-0426-S
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MR Case #:
AR Disposition:
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RESTRICTION CODES
Presidential Records Act - [44 U.S.C. 2204(a)]
Freedom of Information Act - [5 U.S.C. 552(b)]
P-1 National Security Classified Information [(a)(1) of the PRA]
(b)(1) National security classified information [(b)(1) of the FOIA]
P-2 Relating to the appointment to Federal office [(a)(2) of the PRA]
(b)(2) Release would disclose internal personnel rules and practices of an
P-3 Release would violate a Federal statute [(a)(3) of the PRA]
agency [(b)(2) of the FOIA]
P-4 Release would disclose trade secrets or confidential commercial or
(b)(3) Release would violate a Federal statute [(b)(3) of the FOIA]
financial information [(a)(4) of the PRA]
(b)(4) Release would disclose trade secrets or confidential or financial
P-5 Release would disclose confidential advice between the President
information [(b)(4) of the FOIA]
and his advisors, or between such advisors [a)(5) of the PRA]
(b)(6) Release would constitute a clearly unwarranted invasion of
P-6 Release would constitute a clearly unwarranted invasion of
personal privacy [(b)(6) of the FOIA]
personal privacy [(a)(6) of the PRA]
(b)(7) Release would disclose information compiled for law enforcement
purposes [(b)(7) of the FOIA]
C. Closed in accordance with restrictions contained in donor's deed of
(b)(8) Release would disclose information concerning the regulation of
gift.
financial institutions [(b)(8) of the FOIA]
(b)(9) Release would disclose geological or geophysical information
PRM. Removed as a personal record misfile
July 26 -- :00pm
BILL BARR and MURRAY DICKMAN called simultaneously. Bill said he
would call you back in the morning. Murray had just spoken with
Lee Lieberman and wanted to clear up the situation with Senators
Specter, Simpson and Pressler.
Senator Specter - Thursday night Specter approached Murray and
told him that "a number of us have complaints about how the
judicial selection process was being run" and planned on taking
it up with you when he saw you on Tuesday. Specter's is
concerned that it seems like most of the decisions about
judgeships are not being made by the President and the Attorney
General, but by their staffs.
Senator Simpson - Simpson's AA called Murray about two weeks ago
and they have not talked yet. Wyoming and New Mexico are
fighting over one judgeship in the 10th Circuit. The plan is to
re-evaluate the quality of Domenici's candidate at the next
judicial selection. Mention was made of possibly making the
selection contingent on Domenici's behavior on Civil Rights.
Senator Pressler - He recommended his AA for U.S. Attorney and
has received alot of local flack about it. Murray talked with
the candidate Tuesday morning and subsequently talked with
Pressler. Pressler said he appreciated Justice taking his side
and not bowing to the pressure coming from some dissenters.
Murray assured Pressler that as soon as the FBI investigation was
complete, they would move ahead with the nomination.
Murray Dickman:
(b)(6)
(202) 514-1721 Office
katie
JUN 28 '91 11:53 CONCERNED WOMEN FOR AMERICA
P.2/2
Concerned Women for America
370 L'ENFANT PROMENADE, S.W., SUITE 800 WASHINGTON, D.C. 20024 (202) 488-7000
Beverty LaHaye
President
June 28, 1991
The President
The White House
Washington, D. C. 20500
Dear Mr. President:
Concerned Women for America urges you to select Clarence
Thomas or Edith Jones to fill Thurgood Marshall's vacancy on the
U.S. Supreme Court. Clarence Thomas and Edith Jones have a
proven record of judicial restraint and adherence to the intent
of the framers when interpreting the Constitution.
Concerned Women for America would enthusiastically support
the nomination of Judge Thomas or Judge Jones to the Supreme
Court.
Sincerely,
Beverly Baurly La Nayelpog
Beverly LaHaye
President
BL:pag
cc: Gov. John H. Sununu
"Protecting the rights of the family through prayer and action"
JUN-27-'91 THU 19:41 ID:FCF FAX
TEL NO:2025467689
#986 P02.
Coalitions for America
Paul M. Weyrich
National Chairman
721 Second Street
Eric Licht
President
Capitol Hill
Library Court
Washington, D.C. 20002
Social Issues
(202) 546-3003
Stanton
Defense & Foreign Policy
Kingston
Budget & Economic Policy
721 Group
Judicial & Legal Policy
Siena Group
Catholic Coalition
To: The Chief of Staff
The Omega Alliance
Date: June 27, 1991
Young Activist Coalition
Resistance Support Alliance
Freedom Fighter Policy
Jewish/Conservative Alliance
From the conservative movement's perspective, it is
crucial for President Bush to nominate a committed and
recognizable conservative to succeed Justice Marshall.
From a political perspective, we are looking at
candidates the entire movement can enthusiastically
support from the start. The degree to which these
factors were present the last time around makes them
a premium this time.
The opportunity was not seized last time to break the
"designated seat" mold so that issue will be nagging until
something is done. Therefore, though conservatives resist any
notion of picking judges by race or gender, a nominee who fits the
judicial criteria and who is also black or female would not be
inappropriate.
Three candidates who the conservative movement can
enthusiastically support are, in order of preference, Judge
Clarence Thomas, Judge Edith Jones, and Judge James Ryan.
Judge Clarence Thomas. One con is his relatively brief tenure
on the D.C. circuit. Although Justice Souter had spent just a
month or so on the 1st Circuit last year, he had years of state
judicial experience before joining the federal bench. Another con
stems from the speculation that there may have been at least 25-
30 votes against him in the Senate had there been a roll call. By
the same token, the vote was 13-1 in the Judiciary Committee. Con
three is that the opposition to his D.C. Circuit nomination
centered on civil rights, nearly the nastiest issue.
Pro number one is that the entire conservative movement not
only supports him, but believes in him. No dissent is likely from
anywhere within the movement. From the way his D.C. Circuit
nomination was conducted, many conservative groups felt they got
to know him in a unique way. That is a relatively recent memory.
The movement will need little energizing and they will be willing
to fight for him. Pro two is that, as he was last time, Senator
Danforth will be a strong champion. In addition to his perceived
status as a "moderate," Danforth will be very active within the
Senate on behalf of the nominee. In the post-1987 political
climate surrounding judicial nominations, this is essential. Pro
JUN-27-'91 THU 19:42 FCF FAX
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three is that his record on the D.C. Circuit does not include the
lightning rod issues of abortion, civil rights, etc. This is
partly due to his particular docket and partly due to the
jurisdiction of the D.C. Circuit. Pro four is that, based on the
experience of his D.C. Circuit nomination, he fully understands how
he personally can best contribute to a successful process as a
nominee, a witness, and the like. Pro five is that even though the
opposition to his first judicial nomination focused on civil
rights, that non-issue could not take on a life of its own (as it
has with other nominees) not only because he is black, but because
an array of "liberal" interests supported him - individuals such
as William Coleman, civil rights groups. This was a unique mix
that may never happen again. Pro six is that activists working on
behalf of his first nomination retain their knowledge, background
material, and resolve to support him again.
Judge Edith Jones. Con one is that the liberal interest
groups have been assuming that she will be the next nominee and
have been combing through her record for nearly a year already.
They are loaded for bear. No doubt they have formulated
strategies, prepared analyses, and have otherwise geared up to
defeat her. The attached article reflects something of this. Con
two is that, while her record contains no cases on abortion, it
does include cases on other lightning rod issues including the
death penalty and civil rights. Con three is that liberal interest
groups will attempt to "Ryskamp" her by heavily emphasizing
allegedly insensitive comments she has made from the bench. This
is a nasty kind of issue to deal with. Con four is that (direct
personal knowledge may be limited here) she herself will probably
be less skilled in terms of her personal involvement and conduct
through the nomination/hearing process. If her personality matches
her opinions, she may need some introduction and education about
the process that may or may not be successful.
Pro one is a long track record over several years on the
federal appellate bench. Politically, gender, geography, and age
are all pluses. Pro three is that the entire conservative movement
supports her, though they do not believe in her the same way they
do Judge Thomas. Conservatives have been told that they should
strongly support her and they believe what they have been told, but
that is a different kind of support. Conservatives will be willing
to fight for her nomination, though it will take a measure of
possibly scarce resources to educate them appropriately.
Judge James Ryan. Con one is that it will take considerable
education efforts to acquaint the conservative movement with this
nominee and to convince them to strongly support him. On the
merits, the movement should, but they do not know that yet. Con
two is that he has an established record on contentious issues such
as abortion. He wrote an opinion (probably dissenting from a
denial to hear a case) addressing the so-called "born alive rule"
in the area of prenatal torts, for example. Other activities, more
personal than judicial, also would be ready source of opposition
on this issue.
-JUN-27-'91 THU 19:43 ID:FCF FAX
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Pro one is that he is a "dark horse" candidate. Pro two is
that he is a readily identifiable Catholic and opposition may be
perceived as reflecting an inappropriate bias (though this sort of
bias surfaced with little hesitation during the Ryskamp nomination
battle). Pro three is that it should not be difficult to convince
the conservative movement to strongly back him. Whether he has a
"champion" in the Senate is unknown.
To conclude, three individuals reality fit the substantive
criteria for a Supreme Court nominee the entire conservative
movement can support. Their order of preference parallels the
degree to which the movement already does SO. Judge Thomas is the
first choice.
JUN-27-'91
THU
19:44
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The Verdict On
emphasis: these people thought Souter was
too liberal. They liked Jones much better.
Add arch-conservative rabble-rouser Rob-
Edith Jones
ert Novack's editorial opinion that the de-
cision not to nominare Jones was an "op-
portunity lost," and that she is a favorite
lecturer at the right-wing Federalist Soci-
Bush's next nominee to the Supreme Court is the darling of
ety-and you start to wonder about Judge
Jones.
the religious right
Say a prayer. By Paul Schneider
"Edith Jones is a notorious conservative."
says Deborah Brake. Brake is a staff attorney at
"This is Edith," she says when her law clerk
an advocate of judicial restraint.
People for the American Way, and is in charge
finally gets her on the line from Houston. It
The reasons Edith Jones is likely to be the
of researching Jones's opinions for use in any
doesn't sound like the voice of a raving ideo-
next Supreme Court nominee are that she was
future confirmation hearings. "These people
logue, a voice that will shift an already listing
the president's number two choice, after Da-
who were angry over the Souter nomination are
Supreme Court irrevocably toward the far
vid Souter, for Justice William Brennan's seat,
the radical right, the far, far, religious right.
right. She doesn't sound like a woman who
and that Chief of Staff John Sununu promised
They love Edith Jones. And if you read her legal
will take away hard-earned rights and leave
she'd be next in line. "[Bush's] decision was
opinions you can see why." Brake sounds more
you with nothing but a Bible. Or a coat hang-
for Souter, but 1 can tell you Edith starts next
weary than angry. "Jones is on the top of our
er. Or, if you can afford it, a plane ticket to
time at the top of the stack," Sununu was
list of potential nominees to oppose. On the Su-
some other country. Edith Jones of the United
quosed in a memo marked "absolutely no
preme Court you want judges who will protect
States Court of Appeals for the Fifth Circuit
leaks" that somehow wound up in The Vil-
the Constitution and protect civil liberties. We
sounds like just an ordinary, friendly, slightly
lage Voice and then The New York Times.
don't believe she will do either."
tired woman from Texas. This is comforting.
Sununu's motive for making the unusual
Nor surprisingly, experts on the other side
But then, she's only said three words.
prediction was to placate certain guard-
have a different view. "Edith Jones is an abso-
The next four are, "I don't give inter-
ians of the Republic who were concerned
lute delight," says Stephen Presser of the Law
views." Judge Jones, as befirs the most prob-
that then-nominee David Souter was dan-
School at Northwestern University, "very our-
able next nominee to the Supreme Court, is
gerously leftward leaning. Once again, for
spoken and razor sharp. Her views of the Con-
stitution happen to coincide with mine. We be-
Mirabele
lieve that you don't depart from the
41
understandings expressed in the eighteenth cen-
tury unless there has been an amendment spe-
cifically authorizing such a departure."
Professor Presser is "proud to be a reaction-
legin
ary," a colleague at Northwestern says half-
pri
affectionately. Presser, it should be noted, tes-
tified twice before the Senate Judiciary
965R
Committee in favor of a constitutiona
amendment to prohibir flag-burning. "Edith
4+
Jones," Presser explains, "might be George
Bush's ideal person. She's one who believes in
traditional values and one who, I believe,
brings up her children to be ladies and gentle-
men. We talked about raising children."
A judge who has worked with Jones on
the Fifth Circuit Court of Appeals for years,
but wishes to remain nameless, says, "I ger
along with Edith Jones beautifully. I find her
interesting and, to me, she's gracious. I wish
her well. But she does have this view of the
universe that is going to be in favor of the
government in the criminal cases and in fa-
vor of the defense in the civil cases. Whether
someday she'll mature and grow out of that
I don't know, but that's why she's such a
darling of the far right."
"She's very young," this judge adds later.
He sounds a little sad at the thought of Jones
on the high court.
Edith Hollan Jones was born in 1949 in Phil-
ovrke
adelphia and graduated from Cornell Universi-
1.3.41
ty in 1971. She then went to the University of
Texas Law School and made Law Review. >
JUN-27-'91 THU 19:44 ID:FCF FAX
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Edith Jones
She joined the Houston firm of Andrews &
Given this, it is not surprising that Walman's
Waltman Sucks Dick" was written on J wall
Kurth. and for more than ten years specialized
lawyer, Laurie Lyons, began her argument by
Judge Jones also pointed our that in most
in corporate bankruptcy law, during which
reminding the judges of the litany of abuses.
cases Waltman herself had "wiped away grat
time she met and married Sherwood Jones, now
What was surprising-in fact, shocking-were
fiti she found offensive."
an energy company executive. They had two
Judge Jones's comments.
"Edith Jones's attitude was, What's the big
children. In 1985, Ronald Reagan appointed
"Well," Lyons remembers Judge Jones inter-
deal with this woman, and why should her em
her to the federal bench.
jecting early on, "your client wasn't raped."
ployer have to do anything about it, says Ly-
Now, maybe President Reagan knew there
It was an odd thing for a judge to say; it
ons, who still gets audibly angry at the memory
would be a spate of bankruptcies in Texas in
wasn't a rape trial, A few minutes later, when
"Susan Waltman was not some overly sensitive
the near future, and so felt the bench needed a
Lyons reminded the court that a coworker
woman who didn't like the F-word. This was
judge with expertise in that area. But more like-
had grabbed Waltman's breasts, the woman
pure and simple sexual harassment."
ly, Jones's stint as the general council to the Re-
who is at the top of Bush's Supreme Court list
Jones may simply have a startling view
publican Party of Texas in 1982-1983 helped
spoke up again,
of what constitutes sexual harassment. In a
her get the attention of the president. And
"But," Lyons remembers her saying this
key sentence from her dissent, Jones
there's another thing: Edith Jones is not the
time, "they were all personal friends."
wrote: "We have so little social consensus
most distinguished alumnus of her old law firm.
At this point something very unusual hap-
in sexual mores nowadays that, short of
That honor goes to James A. Baker, as in Secre-
pened. Jones's implication that there was
incidents of unwanted physical contact, it
tary of State Baker.
nothing really wrong with personal friends
is impossible generally to categorize unac-
"She definitely has friends," says her anony-
grabbing breasts moved Judge Thornberry,
ceptable sexual etiquette." In other words.
mous colleague on the Fifth Circuit. "Her con-
who was almost eighty at the time and hadn't
you can harass, but don't touch. Unless, of
nections are, well, the best kind."
yet spoken at all, to reprimand his young col-
course, you're all personal friends.
Jones has expanded her
league. "That doesn't matter
"I'd be horrified to wake up and find
range to issues more complex
"She will be the
at all," he snapped at Jones.
Edith Jones on the Supreme Court," Lyons
than dividing assets among
Another time, as Judge Jones
says. "I'd do anything necessary to keep her
creditors. She has gained a
most conservative
spoke at length about how
off the bench. She is not just conservative-
reputation for herself as a
unreasonable it was to expect
there are a lor of conservarive judges that 1
crafter of staunchly conserva-
member of the
a big company like Interna-
have respect for. She goes beyond that."
tive opinions and as a pointed
tional Paper to keep its male
Deborah Brake at People for the Ameri-
questioner of lawyers appear-
high court, bar
employees in line, the presid-
can Way concurs. "On the issue of sexual
ing before her. One sexual
none," says a col-
ing judge, Carolyn King,
harassment in the work place, she is way out
harassment case, Waltman V.
swiveled her big leather chair
on the fringe," Brake says. "And the fact
International Paper, stands
league. "She will
so that her back was turned
thar sexual harassment is governed by the
out in particular in the minds
to Jones, then folded her
same point of law as racial and other kinds
of those familiar with Jones.
be way to the right
arms, and, Lyons recalls, "sat
of discrimination means her analysis is in-
In fact, so unusual was her
there shaking her head."
dicative of a narrow view of civil rights."
behavior in this case that it is
of Rehnquist, I
"That is exactly the argu-
"I have heard," Lyons says from her of-
still talked about by appeals
guarantee it."
ment we heard fifteen years
fice in Shreveport, "that Edith Jones wouk
lawyers and other judges on
ago about racial desegrega-
just as soon the whole civil rights legislatio
the Fifth Circuit. "Talk to the
tion cases," Lyons remembers
go away. I'm not talking about affirmativ
lawyer for that Waltman woman." said a
Judge King saying when Jones was finished.
action. I'm talking period."
judge who had heard about the case. "I think
There is a strict rule in the Fifth Circuit that
Lyons may nor be overstating things. In
you'll get a good story."
oral arguments last no longer than twenty
another case, Blanchard v. Bergeron, Jones
Susan Waltman worked at International Pa-
minutes, but when Lyons's time was up,
wrote a decision limiting the amount of
per Company, a large mill in Shreveport, Loui-
Judge King made an extraordinary offer. "It's
damages that could be awarded to victims of
siana, where she was one of the only female
obvious that you spent a long rime preparing
certain civil rights abuses. This would have
employees. Waltman charged that she was the
your argument," King said, "and you have
made such civil rights suits a good deal more
victim of ongoing sexual harassment. After a
not been given an opportunity to present your
difficult to pursue and win. Jones's ruling
lower court ruled in favor of the company,
side because you've been continually inter-
was reversed in 1989 by the Supreme Court.
Walman appealed to the Fifth Circuit. The na-
rupted, so if you'd like five more minutes to
Judge Jones also appears to have a sliding
ture of the appeal was such that the pancl-
present your case I'll grant it." Lyons took the
view of the First Amendment. In a case in-
Judges Jones, Thomberry and King-were not
extra time and won the appeal, with Judge
volving Hustler Magazine (why do these
being asked to decide whether or not the inci-
Jones dissenting. Not long after, International
First Amendment cases always seem to in-
dents had actually happened, but whether the
Paper offered to settle out of court, and "Su-
volve Hustler magazine?), she opined that a
facts warranted a jury trial. So no one disputed
san Waltman was very happy with the settle-
specific article warning of the dangers of
Walman's testimony that she had endured
ment," Lyons says.
auto-erotic asphyxia would be protected if it
countiess sexually suggestive comments from
In her dissenting opinion, Judge Jones
appeared in a mainstream magazine, but not
her superiors, that they had pinched her but-
wrote that the majority decision gave undue
in the pages of Hustler. Hustler, she pointed
tocks, that a fellow employee had used the
weight to sexual graffiti in the plant, which,
out, is pornographic. She supported her ar-
plant's public address system to announce, "I
she said, was mostly not directed specifically
gument by citing the famously unscientific
want to eat Sue Waltman's pussy." That some-
at Waltman. She didn't mention, but presum-
Meese Commission report on pornography.
one had pointed a high-pressure air-hose at her
ably knew from testimony, that scratched per-
"But the whole point of the First Amend-
crotch. Or that at one time Waltman had found
manently on the company elevator were the
ment is to protect unpopular views and pub-
used tampons hanging in her locker.
words "Sue is a Whore," and elsewhere, "Sue
lications," Brake says.
V
-JUN-27-'91 THU 19:46 ID:FCF
FAX
TEL NO: 2025467689
#986 P07
Edith Jones
And then there was the time that Judge
reproductive freedom, but whether you have
Jones complained to a lawyer that a last
ever gone on the record one way or the other.
minute petition to stay the execution of a
Coming right before the midterm elections,
prisoner on death row caused her to miss
the last thing George Bush wanted was a Bork-
her son's sixth birthday party.
esque confirmation barde in the Senare over his
So there is concern.
first Supreme Court nominee. When it finally
"She will be the most conservative mem-
came down to it, as short as Jones's paper trail
ber of the high court, bar none," says
is, David Souter's was even shorter. (And it may
Jones's anonymous colleague on the Fifth
not have bolstered her chances that when Presi-
Circuit. "She will be way to the right of
dent Bush requested arguments in favor of the
Rehnquist, I guarantee it."
final two nominees, he asked Dan Quayle to
One area where Jones has not made any
make the case for Jones.) "The final choice was
rulings of note is the very large question of
[President Bush's)," Sununu said in his memo.
whether or not the Constitution implies a
"It was a political judgment call on which one
right to privacy. Privacy rights are one of the
we'd be most likely to get through [the Sen-
biggest questions in constitutional law today
ate)." The choice, of course, was for Souter. But
because it is under the rubric of the right to
it was so close. So close.
privacy that the question of reproductive
freedom is often argued.
It must have been the longest hour and a half
Put very simply-with
of her life sitting there in a
apologies to those who have
If she Is nominat-
presumably rectangular room
filled whole legal pads and
just down the hall from the
more on the subject-pro-
ed, it will be the
Oval Office. Did she read the
choice/pro-right-to-privacy
paper? Did she twiddle her
lobbies contend that liberties
biggest thing that's
thumbs? The interview had
not specifically ceded to the
gone well, and now the Presi-
government still belong to
happened to the
dent of the United States of
the people. Thus, since no-
Senate Judiciary
America was making up his
where does the Constitution
mind on whether she, Edith
hand the right to privacy
Committee since
Jones, would make the histo-
over to the federal govern-
ry books.
ment (and the decision to
they faced
"It was very exciting," her
have an abortion should be a
pleasant voice says over the
private one, they argue), the
a man named
phone, not sounding all that
choice still belongs to the in-
Robert Bork.
excited. "Bur you know, I
dividual. Were it not so, the
really think that this office is
government could eventual-
such that it detracts from my
ly take away almost all individual liberties.
dignity as a judge to give interviews. If I were
Furthermore, these lobbies contend, the
in politics, of course, and were elected and
rights to due process and protection from
could be deposed by the people, then the peo-
unwarranted search and seizure also imply a
ple would have a right to know a whole lot
general right to privacy.
about me."
The other side argues that only those rights
At this point, I mean to ask her if she is im-
specifically enumerated by the Constitution are
plying that she has a right to privacy, but it's
protected. We have the right to free speech, reli-
clear from her tone that our conversation has
gion, due process, etc., but not necessarily the
come to an end. "It's not that the White House
right to have an abortion. The Constitution,
has asked me not to talk or anything," she vol-
this side points out, doesn't specifically take
unteers. "I just take the position that what the
away the right to ax murder either. When faced
press has to say should stand on its own."
with strong Senate questioning on this issue at
The press will have plenty to say if Edith
his confirmation hearings, David Souter said he
Jones is nominated to the Supreme Court-
believed there was a right to privacy, causing
and virtually all of the major civil rights and
the Pro-choice movement to breath a guarded
women's organizations are already drawing
but visible sigh of relief. Few believe Edith Jones
the battle lines. If President Bush does decide
would have said the same.
to use Judge Jones to solidify his right flank,
Still, the fact that neither Souter nor Jones
this is certain: it will be the biggest thing
have much of a paper trail on this, the chorniest
that's happened to the Senate Judiciary
of constitutional issues, was probably crucial to
Committee since they faced a man named
their making it as far as they did in the adminis-
Robert Bork, and the committee doesn't
tration's search to find a replacement for Justice
care à whit for the dignity of judges when it
Brennan. In the timid-at-home Bush White
comes to requests for interviews.
House, the limus test for the federal judiciary
apparently isn't whether or not you believe in
Paul Schnakler is a New York writer.