On the recordJanuary 28, 1998
Let me also join in the remarks expressed by my colleague, Senator Smith, with respect to our colleague from Wyoming. I know he is sincere in his views. I will talk about what Judge Aiken faced with respect to that Dye case. Judge Aiken had two choices in front of her. Neither were ideal. She chose the one that in hindsight would be different than the one that Senator Smith and I would have chosen. Both of us have been concerned about the case. To her credit--in my view, to her great credit--Judge Aiken has indicated to Senator Smith and me that she would have handled that case differently. Her commitment to tough law enforcement has been proven because since that case she has been a tough judge. She has often exceeded the sentencing guidelines, and she has shown that she is going to be capable of great growth as a judge. I say to our friend from Wyoming, who among us as new Members of the U.S. Senate would not possibly take back a vote early in our career? We are constantly faced with tough decisions in the U.S. Senate, decisions where you have before you a couple of choices, neither of them being ideal. Judge Ann Aiken, in the Dye case, tried to make the call to the best of her ability. In my view, even more importantly, she showed great growth, she showed a willingness to evaluate the facts in light of additional time and additional opportunities to consider her decision.
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