This has been a very difficult decision for me to make, one of the most difficult in my service in the Senate. I believe that in most circumstances a President deserves the right to choose Cabinet members who share his political and philosophical views, and I consider John Ashcroft a friend.

However, after reviewing the Judiciary Committee hearing record, listening to the Senate debate, and reviewing all the facts, I reluctantly concluded that I could not support confirming John Ashcroft to lead the Department of Justice.

The Attorney General must guard the constitutional rights of all Americans and protect our civil liberties. The Attorney General advises the President and all Executive Branch agencies on whether their actions are constitutional. He sets the tone on enforcement of our laws. The Attorney General decides how to intervene in court cases. He is responsible for screening and recommending nominees for the federal bench, including the Supreme Court. As Senator Daschle noted, "the Attorney General -- more than any other cabinet member -- has the power to protect, or erode, decades of progress in civil rights in America."

To my mind, protecting the civil rights of all Americans is the most important responsibility entrusted to the Attorney General.

After reviewing John Ashcroft's career record on civil rights, including his opposition to the nomination of Bill Lann Lee to be Assistant Attorney General for Civil Rights and Susan Oki Mollway and Ronnie White to the federal bench, I remain concerned about the nominee's sensitivity in discharging this critical responsibility. For this reason, I voted no.