4A NATIONAL / The Charlotte Post Thursday, December 11, 1997 President examines Lee options By Sonya Ross THE ASSOCIATED PRESS WASHINGTON - Amid fresh warnings against alienating Congress, President Clinton is nearing a decision on whether he will ignore Republican oppo sition and install Bill Lann Lee in the federal government’s top civil rights job. White House spokesman Mike McCurry today would not rule out the prospect of Clinton appointing Lee while Congress is out of session. While the White House would like to win more Senate support for the nomination, McCurry said, “If we don’t, I think it’s clear what iwe will do.” j “Clearly there would be some iprice to pay for a recess ^appointment, and we prefer to do things by regular order because that’s what the nomi- Tiee deserves,” McCurry said. jAbandoning Lee’s nomination js “not an option,” the spokesman said, i Attorney General Janet Reno Itoday urged the Senate to con firm Lee once it recovenes early fiext year. Speaking at a jiustice Department ceremony fnarking the 40th anniversary pf its civil rights division - with Lee nearby - Reno said the arguments used to block his nomination are not valid. “Some say he should be denied the job simply as a pay back for the rejection of past nominees. Others say he should be rejected because he shares the views of the presi dent on affirmative action,” Reno said. “I say ‘no’ to that, and so does the president.” In his brief remarks, Lee avoided mention of the contro versy surrounding his nomina tion, telling the audience that the promise of America that “every individual deserves an opportunity to learn, to work and to live ... inspired my par ents to cross an entire ocean.” “The (civil rights) division has been a constant guardian of the American dream. There is no higher calling,” Lee said. Senate Judiciary Committee Chairman Orrin Hatch urged Clinton not to appoint Lee dur ing the congressional recess. 'The maneuver would allow Lee to serve through 1998, when the current term of Congress ends. “I would like to ... urge that you not make such an appoint ment," Hatch, R-Utah, told Clinton in a letter Saturday. “Mr. Lee’s nomination lacks the 10 votes (in the committee) required by Senate rules. In my view, the committee has spo ken.” Lee, Western regional counsel for the NAACP Legal Defense and Educational Fund, is Clinton’s choice for assistant attorney general for civil rights. If confirmed, he would become the first Asian American to hold the job. Lee, a resident of Los Angeles, return to Washington Monday to attend a ceremony at the Justice Department honoring the 40th anniversary of its Civil Rights Division. Aides to Clinton said Sunday that no final decision had been made on Lee, “We have not changed our position on this,” said White House spokesman Eric Rubin. But McCurry hinted last week that Clinton would act in coming days, fully aware that a recess appointment would anger congressional leaders and “would not make the work ing relationship easier. “The prospects for an up-or- down vote are quickly coming to the point where we re going to either have a shot at it or we re not,” McCurry said. “The president recognizes that it’s important to move forward and will have to act appropriately when the time comes.” U.S. News & World Report said in its current issue that the White House had tentative ly decided to appoint Lee. The magazine quoted an unidentified senior White House official as saying that if the appointment drew a nega tive reaction from GOP leaders. 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White House aides have said they would rather see Lee con firmed by the Senate and believe there is still a chance Republican leaders will allow a vote next year. Hatch has led Republican opposition blocking Lee’s con firmation, saying the views Lee has expressed through his NAACP work make him an unfit nominee. Opponents argue that Lee effectively pro moted racial quotas by forcing companies into out-of-court set tlements to avoid expensive tri als. In testimony before Hatch’s committee, Lee said he opposes racial quotas, and would uphold the law regardless of his beliefs. But he would not dis avow supporting affirmative action. Hatch noted that there were two civil rights nominees from Republican administrations who, like Lee, failed to draw approval from a Democratic- controlled committee: Bill Lucas in 1989 and William Bradford Reynolds in 1985. 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