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- <text id=93TT2517>
- <title>
- Feb. 15, 1993: Rush To Judgment
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1993
- Feb. 15, 1993 The Chemistry of Love
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- JUSTICE, Page 30
- Rush To Judgment
- </hdr>
- <body>
- <p>By JILL SMOLOWE--With reporting by Margaret Carlson and Michael
- Duffy/Washington
- </p>
- <p> This time The Clinton Administration was determined to get
- it right. Haunted by the Zoe Baird debacle, officials vowed
- there would be no premature announcement, no surprise about
- illegal aliens, no misreading of public sentiment. So, while
- staff members completed their check of candidates for the post
- of Attorney General, the White House floated the name of New
- York Federal District Judge Kimba Wood to coax any opposition
- out into the open. When none emerged, word leaked from the White
- House that the Wood nomination was almost a sure thing. Then
- last Friday night came the awful deja vu. Again, a woman
- withdrew her name from consideration for the post. Again, the
- conflict involved an illegal alien. Again, an acute
- embarrassment for the Clinton Administration.
- </p>
- <p> For the second time in two weeks, a respected woman with
- a high-profile career watched her reputation shredded by a
- brutal vetting process. Unlike Baird, Wood had broken no laws;
- the dilemma for the Clinton Administration was that the
- circumstances faintly echoed the previous case. While Baird
- admitted flouting the law by hiring two illegal immigrants and
- failing to pay taxes for them, Wood insisted she was innocent
- of any wrongdoing. When she had first employed an undocumented
- Trinidadian baby-sitter in 1986 for her son Ben, the law allowed
- citizens to hire illegal aliens. Moreover, Wood said she had
- paid all the requisite taxes and filed all the required papers.
- What spooked the Clinton Administration was the fear that the
- public would fail to see the difference between the two cases.
- After Wood withdrew her name last week, her supporters and the
- Clinton Adminstration offered two distinctly different accounts
- of what had gone wrong, and when.
- </p>
- <p> The White House version portrays Wood as failing to
- disclose all the details early in the process. Officials claim
- that when she was first reached by phone while vacationing in
- Colorado, she was asked, "Do you have an illegal-alien or tax
- problem?" She answered no. She was then summoned to Washington.
- In separate meetings on Jan. 29 with White House counsel Bernard
- Nussbaum and President Clinton, the illegal-alien issue was
- pressed a second and third time. In each instance, Wood denied
- any problem. Six days later, the vetting process began in
- earnest. Wood sent her household-employment records by overnight
- express to Washington, at which point Administration lawyers say
- they learned about the baby-sitter. They feared that while her
- hiring in 1986 was legal, it might pose problems during the
- confirmation hearings. The information was passed to Nussbaum,
- who asked Wood for details. On Friday, Nussbaum met with Wood.
- After their meeting, she decided to withdraw her name.
- </p>
- <p> "I understand and respect Judge Wood's decision not to
- proceed further," Clinton said hours later. "I wish her well."
- Privately, White House officials said they didn't want to risk
- another failed confirmation hearing. They feared that the legal
- distinction between Wood's nanny situation and Baird's might be
- too subtle for the tabloids and radio talk shows. Wood, like
- Baird, had been a highly paid lawyer at the time she hired
- someone to help care for her child. "We could just see some
- Senator saying, `Are you telling me that on $400,000 a year
- there was no red-blooded American to take care of little Ben?'
- " said one official. Commenting on Wood's answer to the Zoe
- Baird question, White House spokesman George Stephanopoulos
- said, "I suppose she must have taken the question in narrow
- legalistic fashion."
- </p>
- <p> Wood's supporters tell a different story. The judge, they
- say, was forthcoming from the first phone contact in Colorado.
- Asked about a "Zoe Baird problem," she answered that in regard
- to her baby-sitter, she had complied with all laws and paid all
- taxes. At the time, Wood was not asked, and she did not offer,
- that the baby-sitter had once been an illegal alien. On Friday,
- Wood released a statement that offered her side of the story. It
- said that employment of an illegal alien was within the law as
- it stood at the time and that even when the law was changed
- eight months later to forbid such hirings, it excluded
- employees hired prior to its passage. Through a subsequent
- government amnesty program, the baby-sitter obtained legal
- residency in December 1987. She is still employed in the
- Manhattan apartment Wood shares with husband Michael Kramer, who
- is a political columnist for TIME.
- </p>
- <p> Based on Wood's initial reply, the Clinton people at first
- perceived no potential problem. Wood's supporters say she was
- later told that after White House officials learned of the
- baby-sitter's history, the main heat came from Capitol Hill.
- Administration officials counter that they hardly needed
- Senators to tell them that they had a political time bomb on
- their hands.
- </p>
- <p> That still left the possibility that Clinton might look
- like he was shying away from Wood for insufficient cause.
- Wood's sympathizers claim that the White House tended to this
- problem with a press leak. When Wood had been asked by the White
- House if there was anything in her background that might be
- embarrassing to the President, she answered that while pursuing
- a master's degree at the London School of Economics, she trained
- for five days, without pay, as a Playboy Club bunny croupier.
- That information surfaced Saturday in the New York Times.
- </p>
- <p> The Clinton Administration, still laboring with an
- incomplete Cabinet, now risks a fresh round of bickering. Late
- last week White House officials were chastising Nussbaum for not
- pressing his would-be nominee hard enough for information. The
- two other top candidates for the Attorney General's post seemed
- to lose favor. Washington lawyer Charles Ruff was said to have
- illegal-alien problems of his own, while former Virginia
- Governor Gerald Baliles lacked enthusiastic support. If so,
- Clinton will have to send out his search party one more time.
- </p>
-
- </body>
- </article>
- </text>
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