When Clinton plays race card, call his bluff

Senate Should Reject Nomination of Frederica Massiah-Jackson

The last loud thump heard across Washington-just before the din of Interngate drowned out all other noisewas the sound of President Clinton slapping the race card down before the Republican Senate majority.

Clinton made his move, as he often does, in a leak to the Washington Post.

"President Clinton plans to escalate the simmering struggle over judicial appointments into a full-scale political confrontation later this month," wrote Thomas B. Edsall, the Post's ace political reporter.

Clinton "aides," explained Edsall, "are planning a strategy that accuses conservative GOP senators of applying unfair ideological litmus tests, holding up women and minorities and preventing court action on Social Security and veterans benefit cases."

Women? Minorities? The Elderly? Veterans? Never have so many potential victim groups been put together for so much demagoguery by one Chief Executive.

Our great national healer apparently intends to segue from playing Oprah Winfrey at town-hall meetings condemning the divisiveness of racism to imitating George C. Wallace, driving as deep a wedge as he can between Americans on issues of race. Why?

Because he has made some truly ludicrous nominations to the federal courts-and it is possible, were they actually considered on their merits, that even this Congress might reject some.

Consider Frederica Massiah-Jackson, whom Clinton has nominated to the Federal District Court in Philadelphia. First, let it be said that Massiah-Jackson is an AfricanAmerican-as her chief sponsor, Sen. Arlen Specter (R.-Pa.) never fails to point out (see box).

But anybody who opposes or supports her nomination because of her race or her geco place in public office. She should be treated as Dr. Martin Luther King famously intoned from the steps of the Lincoln Memorial: by the content of her character, not the color of her skin.

Judging from her record, Massiah-Jackson doesn't have the character to be a judge. She should be bounced from the state bench, not put on the federal one. The story of Darcina Washington settles the case. On the evening of Dec. 22, 1989, Darcina was crossing a street in North Philadelphia. Suddenly, she saw headlights speeding straight toward her. Behind the wheel of the racing car was Norman Nesmith, menace to society.

Nesmith had already distinguished himself with 19 arrests, eight convictions, three terms in the hoosegow. As the state of Pennsylvania later put it in its official appeal: "Before Ms. Washington could save herself, defendant's car slammed into her with such force that she rolled onto the car hood, slid over the windshield, and tumbled down the side of the car. Defendant stopped only after travelling another four car lengths; Ms. Washington fell off the car and lay next to it, severely injured, with her head lodged against the rear tire."

Her cousin, Kenneth Washington, ran to her aide, covering her gently with his own body as she convulsed into shock. "In the meantime," said Pennsylvania, "defendant opened the driver's side door to see what was going on. As he did so, one of his passengers warned him to `get out of here.' Defendant, who had just been released from prison on parole for an unrelated assault conviction, quickly took that advice. Totally unconcerned that his victim's head was resting against his tire, defendant simply closed his car door and sped off."

Kenneth Washington took down the fading license number, grabbed a nearby friend, and followed Nesmith for 14 blocks, confronting him as he tried to enter a house.

"Within minutes," said Pennsylvania, "a number of defendant's relatives swarmed out of neighboring houses, and defendant and his relatives pummeled Washington unmercifully with fists and bottles, splitting his scalp" At last, Washington was "beaten into unconsciousness."

Judge Massiah-Jackson had no choice but to convict Nesmith of "aggravated assault (of Darcina Washington) as a second-degree felony, simple assault (of Kenneth Washington), recklessly endangering another person, leaving the scene of an accident, and criminal conspiracy." But the judge did have a choice in sentencing.

According to state guidelines, Nesmith's crimes required "a lengthy period of incarceration," a minimum of three years under normal circumstances. Massiah-Jackson gave him two years probation. No jail time at all. "The court's response was somewhat novel," Pennsylvania said in appealing the sentence. "Ignoring the fact that she had just convicted the defendant of serious criminal offenses, Judge Massiah-Jackson said that the defendant behavior was not really criminal; he had merely been involved in a car accident." (Emphasis in original.) Was this an aberration in her record? Sen. Specter has declared, "My view of her record overall is that it is well within the legal mainstream."

But the senator's pronouncement flies in the face of a scorching letter sent him by Philadelphia District Attorney Lynne Abraham, a Democrat.