Confirmation

I today announce my intention

to nominate United States Court of Appeals Judge Robert H. Bork

to be an Associate Justice of the Supreme Court.

The drumbeat continued today from both camps

in the pitched battle over the President's nomination

of Judge Robert Bork to the Supreme Court.

The lobbying is having an effect

with the Senate mailroom reported days behind

under a deluge of mail on Bork.

Mr. President, looks like the Bork nomination will fail in the Committee.

Over my dead body,

The yeas are 42. The nays are 58. The nomination is not confirmed.

If we intend to turn the United States Supreme Court

into an election process, let's change the Constitution,

and let's elect a Supreme Court judge of the United States.

I, George Herbert Walker Bush, do solemnly swear

that I will faithfully execute the office of President of the United States.

Thurgood Marshall, the Supreme Court's

first and only black justice,

announced his retirement today,

In a letter to President Bush, Marshall said,

"The strenuous demands of court work appear at this time

"to be incompatible with my advancing age and medical condition."

President Bush said today his nomination

to replace retiring Supreme Court Justice Thurgood Marshall

could come in a few days, but should that person be black?

A minority appointment could certainly neutralize

a lot of potential opposition.

Marshall warned that the emphasis on race

in choosing his successor might have negative results.

My dad told me way back that you can't use race.

For example, there's no difference between a white snake and a black snake.

They'll both bite.

This is a special report.

We are told the President is going to announce

his nominee to the Supreme Court.

Well, I am very pleased to announce

that I will nominate Judge Clarence Thomas

to serve as Associate Justice of the United States Supreme Court.

Clarence Thomas fits my description of the best man at the right time.

President Bush has moved to cement the conservative majority

on the United States Supreme Court

by nominating federal judge Clarence Thomas

to fill the seat left vacant by the retirement of Justice Thurgood Marshall.

As with Marshall, Thomas is a black man,

a man born to poverty in a segregated South,

a man who benefited from the legal legacy of Justice Marshall.

The more that people see and hear of Clarence Thomas,

the more they will be persuaded that his brand of integrity

and independence and common sense

is exactly what we need in this time.

In New York City today, several thousand demonstrators

protested against the Supreme Court decision restricting abortion counseling

and urged Congress to reject

President Bush's nomination of Clarence Thomas to the Supreme Court.

Clarence Thomas is an insult

to the life and legacy of Thurgood Marshall

and everything he stood and worked for.

At a national gathering of civil rights activists in Memphis,

black leaders are vocal in their reaction to the Supreme Court nominee.

Simply to appoint a black person doesn't make it right.

We have to Bork Thomas.

We don't wait for questions. We simply immediately Bork him,

kill him politically, and kill Bush in the meantime.

Ricki Seidman.

Hey, Ricki, it's Nan at the Alliance For Justice.

You know that thing we've been hearing all summer

about how Thomas treated women who worked for him?

- Yeah. - I finally found a name.

In 1946, a black woman wanted to study law here

at the University of Oklahoma.

At the time, it was illegal for blacks and whites

to study together in this state, so Miss Sipuel sued.

- What are you gonna do? - Nothing.

You don't want to say anything?

This man could end up on the Supreme Court.

At the EEOC, I saw women have their lives ruined

because they spoke out against a manager at a diner.

What do you think would happen to me?

Okay.

Lots of people will fight this nomination. It doesn't have to be me.

Okay.

- Clarence Thomas? - Yes.

There you go.

There he is.

- There is the man of the hour. - None of this...

Now, what did I tell you? What did I tell you 20 years ago?

You said, "Come work for me,

"and I'll only pay you $11,000 a year."

What I said was... What I said was, you have a huge future ahead of you.

Judge Clarence Thomas appears

headed for confirmation to the Supreme Court.

I think he'll be confirmed. I think he should be confirmed.

We'll find it intellectually stimulating hearings,

but I don't see many fireworks.

Clarence, Ginni. First day of the hearings. How you feeling?

- Good. Glad to finally be here. - Good. Good.

Now just remember, some of these Democrats

on the Committee are gonna be a hard sell.

Worst case scenario, seven of them vote against you.

That still leaves seven voting for you.

And a tie takes you to the full Senate. We're in great shape.

Even with the Democratic majority?

Ginni, we only need 50 votes. At last count, we had 60.

And as popular as the President is, number could even go up higher,

so don't worry if you catch a little heat in these hearings.

Yeah, good to know that. Thank you.

Let's get in there.

- Judge. - Senator.

- Mrs. Thomas. - Senator.

In a clearly symbolic gesture,

Strom Thurmond, ranking Republican on the Judiciary Committee

and former segregationist, is escorting Judge Thomas into the chamber.

Thank you, Mr. Chairman. I...

I would like to first introduce you to my wife Virginia.

Welcome, Mrs. Thomas. It's a pleasure to have you here.

And my son Jamal.

Welcome, Jamal.

There are not enough words to express my deep gratitude

and appreciation to Senator Danforth.

- Hello? - May I speak with Anita Hill?

- This is Anita. - This is Ricki Seidman.

I'm an investigator in Senator Kennedy's office.

I'm doing background checks on Clarence Thomas

in reference to his nomination to the Supreme Court.

I know you worked for Judge Thomas.

Can I ask some questions about him?

Miss Seidman, the hearings are starting.

Isn't it late to be doing background checks?

You worked for him twice, right, at Education and EEOC?

- That's right. - Good experiences?

I was proud of things we accomplished at both offices.

Professor, we've heard that Judge Thomas mistreated young women

who worked for him at the EEOC.

Do you know anything about that?

That's not something I can talk about.

Why not?

I'll put it this way.

If I were advising someone who were a victim of his unwanted advances,

I don't think I would suggest that she come forward.

In my experience, in a case like this, when someone comes forward,

the victim tends to become the villain.

Professor, in the next few decades,

the Supreme Court will be making crucial decisions

that will have a real impact on the lives of American women.

If there were less at stake, I wouldn't ask.

Were you one of the victims of his advances?

What I say is to the Senate Judiciary Committee only,

not for public consumption.

Agreed.

I wouldn't want it to appear that I had a political agenda.

I'll make it clear.

I came to you.

My earliest memories are those of Pin Point, Georgia,

a life far removed in space and time

from this room, this day,

- this moment. - It started at the Department of Education.

But I have always carried in my heart the values of my youth.

The values of my grandparents and my neighbors.

The values of people who believe so very deeply in this country

in spite of all of the contradictions.

It is my hope that when these hearings are complete,

that this Committee will conclude that I am an honest, decent,

fair person.

We begin tonight's coverage with NBC's Andrea Mitchell on Capitol Hill.

Clarence Thomas held the Judiciary Committee spellbound today

as he talked about growing up in poverty and racism.

- Why are you bringing this to me? - You're an investigator.

Follow up. Call her.

I can't do that, not from this office.

You know how Biden is about this type of thing. He'd never...

Carolyn, what she's alleging is sexual harassment.

It's against the law.

Okay, so bring it to your own senator. Have him deal with it.

Kennedy can lead the charge on a lot of issues.

Sexual impropriety isn't one of them. We both know that.

Fine, let's play this out.

Say I do investigate and it pans out. Then what?

Then the Committee calls Thomas on it.

And which senator is gonna take that on?

Not mine. Certainly not yours.

I don't know. Leahy maybe. Simon.

Okay, but even if they were up for it, what about the others?

I mean, Ricki,

half these guys have their own very shaky dynamics with women.

They are not gonna want this door to open.

Well, they might not have a choice.

The people who gave me Anita Hill's name expect us to investigate it.

If we don't, they'll probably leak it.

So she's saying what? That he touched her?

No, she says it was verbal.

- Any other women saying the same thing? - Not that we know of.

She does have a corroborating witness, though.

A friend she told at the time.

Somebody credible?

A judge, and Hill is a law professor, so, on paper at least, yes.

When is she saying this happened?

Ten years ago.

Ten years ago?

Carolyn, he's been approved for three federal jobs in that time.