DURBIN WANTS INDEPENDENT PROBE OF JUDICIARY LEAKS.

Sen. Richard J. Durbin (D-IL) called Feb. 12 for an independent investigator to be appointed to look into whether laws were violated when confidential documents written by Senate Judiciary Committee minority staff about judicial nominations were accessed by majority staff.

Durbin's call for an independent investigation came after members of the committee were briefed by Senate Sergeant at Arms William Pickle about the results of his investigation into how the confidential documents were secretly accessed and distributed to the press in November.

Although the number of staff persons involved with accessing the documents was limited, he said, the number of confidential documents which had been accessed was not limited to the 14 shared with The Washington Times and The Wall Street Journal in November but totaled more than 4,000.

He also disclosed the documents had been accessed not just on one or two occasions but continuously from 2001 until late 2003.

Following the briefing, Senate Judiciary Committee Chairman Orrin Hatch (R-UT) and the committee's ranking Democrat, Sen. Patrick Leahy (VT) issued a joint statement: "While it is premature to judge whether any crime has been committed, it is clear that unethical conduct has occurred."

In November, after it was clear the documents had been leaked to newspapers, Hatch put a junior member of his committee staff on administrative leave while the investigation by Pickle was to take place. That staff person no longer works for Hatch.

On Feb. 6, Senate Majority Leader Bill Frist (R-TN) forced a second staffer, Manuel Miranda, his counsel on judicial nominations, to resign.

In his departure statement, Miranda said any staffer could access the confidential files by clicking on their "My Network Places" icon so he saw nothing wrong with reading "these unprotected documents" and was unapologetic about accessing them because "I had an obligation to learn everything possible I could learn to defend my clients."

He called any Republican who backs further investigation into the matter "surprisingly defeatist."

Miranda has filed a complaint with the Senate Ethics panel, arguing the content of the files is unethical because of promises "of campaign funding and election support" from groups opposing the nominations.

A consortium of 23 conservative lobbying groups, including Coalition for a Fair Judiciary, stepped up their attacks on Hatch after he and Leahy issued their joint statement and wrote the Justice Department requesting an investigation into whether the documents are evidence Democrats were improperly influenced in carrying out their constitutional advise and consent role because of campaign funding promises from groups opposed to some judicial nominations.

Both Democrats and Republicans responded to the attacks on Hatch by showing public support of how he had handled the situation at the Feb. 12 committee meeting.

"You've done the right thing," Durbin told Hatch.

"The conservatives who offer a justification for this based on politics have missed the boat," Sen. Lindsey Graham (R-SC) told the committee. "We are a rule-of-law nation, and as a conservative, I think that type of thinking is abhorrent."

Durbin said he thought the matter should be turned over to an independent investigator because the sergeant at arms does not have subpoena power and cannot compel anyone to participate in the investigation.

Sen. Dianne Feinstein (D-CA) indicated she thought it advisable to wait for Pickle to finish his investigation and then decide whether the matter should be referred for further investigation.