Senate Democrats Score Manion’s Honesty, Say He Altered Testimony

Senate Democrats on Wednesday night attacked the honesty of federal appeals court nominee Daniel Manion, saying he made an improper alteration in the transcript of his testimony before the Senate Judiciary Committee.

The controversial nomination of Manion to the U.S. 7th Circuit Court of Appeals snarled other Senate business and threatened to keep the Senate in session past the scheduled start tonight of its two-week July Fourth recess.

Democratic Sen. Joseph R. Biden Jr. of Delaware said during late-night debate that official records show Manion inserted a word and struck some others in an answer to a key question when given the opportunity to review the transcript. Witnesses before congressional committees are permitted to make minor changes--but not substantive ones--in their testimony.

Biden said Manion’s changes made it appear as if his sponsorship of a controversial bill in the Indiana Legislature was undertaken without certain knowledge that the measure was unconstitutional.

Manion changed his answer to read that the bill “probably” would have been ruled unconstitutional and eliminated the words “no question about it” from his original answer, Biden said. The bill would have permitted the posting of the Ten Commandments in public schools.

Republican Sen. Orrin G. Hatch of Utah, who defended Manion during a late night review of the nomination, conceded Manion made the changes. But he dismissed them as minor and justified because Manion was being confused by senators at the time of the hearing.