August 4, 1994 - Part 13
August 4, 1994 - Part 13
(01:10:27) It's the standard. Is it right or is it wrong? There have been countless decisions made in the body in which we serve which were terribly unpopular in the hour in which they were made and played a significant and positive role in this country's history. I would hope that as we consider these decisions, it's been said here over and over that too much of what has guided this Administration has been its preoccupation with what the morning headline was going to look like rather than what history might write. And so, Mr. Nussbaum, I feel far closer to your philosophy, if you will, on this regard, than I do with those who would suggest that public perception is important. My God, we all live with it here, as one of my colleagues said. But we have to be far more diligent in following the rule of what's right if we're going to succeed. Mr. NUSSBAUM. Thank you, Senator. The CHAIRMAN. Senator Kerry. Senator KERRY. Mr. Chairman, I will be very, very brief. I want to make it clear. I had a note to myself and in the course of 7 minutes we get distracted and in our exchange I got distracted, but in no way in my comment when I said I thought you were legally wrong, did I mean to imply, and I say this to my colleagues, that the question you raise is not a legally valid one. I was saying I thought it was legally invalid here. The two reasons I said, because of the "de facto recusal" and because the standard didn't fit to Mr. Altman. Mr. NUSSBAUM. I understand, Senator. Senator KERRY. But I do believe the question is, in generic form, absolutely legitimate, and I agree with my colleagues when we have to think out. And the second thing I want to say to you is I 514 have enormous respect for the gumption and tenacity with which you've sat here and expressed your opinion. It is very refreshing indeed, wonderful to have somebody who believes something and who sticks with it and doesn't simply sweep away. The final comment is, in no way am I suggesting that we should become-put our finger up and measure where it goes-but there is that other standard above it which you have to measure, which you're going to be tested by. Sometimes we're going to fall on our faces and sometimes we're going to meet it. And I just think it's not an easy one because it's shifting pretty constantly. I have enormous respect for your opinion. We just disagree on that, but thank you. Mr. NUSSBAUM. And I respect you, Senator, and I thank you very much. The CHAIRMAN. Mr. Nussbaum, I think it's my sense and the feeling that's been expressed, in part, by each of the three Senators who just spoke and shared by, I suspect, virtually every Senator here, certainly shared by me in terms of respect for you individually. We have a difference of opinion on this and on these facts, but I would not want that to be misunderstood as something personal, other than a disagreement on case facts and on a circumstance. As I said at the outset, you've given very important service to this country on more than one occasion. You deserve great respect for your ability and for your beliefs, and I would not want my earlier comments, which I hold very strongly, to be interpreted in any other way as it relates to the points I've just made. Mr. NUSSBAUM. Thank you very much, Senator. Senator DAMATO. Mr. Chairman, let me say that in the final analysis, everybody is responsible for his or her actions. We're not talking about just one act, an attempt to lay off everything on Bernie. Bernie did it. You know, that would be an easy thing. And so, while there may be a disagreement as it related to your advice, you didn't start the ball rolling. Let's understand. You didn't go out and solicit and say come in. I think the record is quite clear on that. I think no matter how you look at it, the fact is you stated your opinion. Most of us have a disagreement With your opinion on that.