Civil Rights Post Nominee Questioned on Customs Fine

A Senate opponent of William Lucas’ nomination to be the nation’s chief civil rights enforcer questioned his respect for the law Wednesday, citing a 1985 incident in which Lucas and family members tried to conceal $8,800 worth of jewelry and clothing from U.S. Customs Service agents when returning from a trip abroad.

“How do we know there will be a new Mr. Lucas if and when you’re confirmed?” asked Sen. Howard M. Metzenbaum (D-Ohio) in disclosing a 1985 report by customs agents at Seattle International Airport who found “a deliberate effort by all members” of the Lucas party to conceal the purchases.

Lucas paid a fine of $594 when the goods were detected.

Testifying at Senate Judiciary Committee hearings on his nomination, Lucas attempted to minimize the incident. He said that he had been unaware of purchases by his wife and three daughters. The family had accompanied Lucas to the Orient on a trip he made representing Wayne County, Mich., which he served as county executive.

Metzenbaum, challenging Lucas’ account of the incident, linked it to his acceptance of a Las Vegas junket in 1977 while serving as sheriff of Wayne County. Metzenbaum also noted the unanimous findings by a three-judge court holding Lucas in contempt for failing to follow the judges’ orders for reforming the county jail.

Together, the three episodes raise questions of Lucas’ willingness to “obey the law,” Metzenbaum contended.

Lucas said that Metzenbaum’s description had been “grossly unfair to me,” but then drew laughter from the jammed hearing room by adding: “I’m not sure I want to argue because I need your vote.”

Although it appeared unlikely that Lucas will turn Metzenbaum around, he has the support of six committee members--five of the six Republicans, and Sen. Dennis DeConcini (D-Ariz.)--and the concerns expressed by other Democrats over Lucas’ lack of civil rights experience did not seem strong enough to build a majority of the 14-member panel against him.

Lucas has been nominated to be assistant attorney general for civil rights. He would succeed William Bradford Reynolds, who was sharply criticized by leaders of major civil rights organizations for what they saw as a rollback of legal protections. Some of those same leaders are scheduled to testify against Lucas’ nomination today when the hearings resume.

Two committee members, Sens. Charles E. Grassley (R-Iowa) and Orrin G. Hatch (R-Utah), praised Lucas’ selection as symbolizing what a black can achieve, noting that Lucas had been raised in Harlem and the Bronx and had completed law school while serving on the New York City police force.

“I look at Bill Lucas and I see a take-charge guy who gets it done,” Hatch said. “We’re not going to let you be smeared.”

Customs Service documents that were made part of the hearing record said that, “although most of the (Lucas party) were inexperienced travelers, there was a deliberate effort by all members to conceal goods and receipts. Mr. Lucas was an experienced traveler.”

A summary of the incident by customs officers said that Lucas had declared $4,800 of merchandise but said that he had no receipts. “Intensive exam and personal searches revealed receipts showing undeclared and undervalued items,” which were seized and then returned upon payment of the penalty and duties.

Lucas’ daughter, Stephanie Lucas Oney, listed several reasons for the failure to disclose the goods in a customs’s form. She said that her “mother failed to show receipt to father because she did not want him to be aware of purchases,” that many of the clothes had been purchased in Korea for very low prices at public stands and that the Lucases thought clothes purchased in Korea were duty free.

Metzenbaum pressed Lucas on why he did not reveal the customs incident--which the senator characterized as an investigation--in completing a questionnaire on his background for the Judiciary Committee.

“Investigation, senator?” Lucas asked. “That took place in a minute.”

“You didn’t think when they went through your pockets and the pockets of your family that that wasn’t an investigation?” Metzenbaum shot back.

“I wasn’t searched, nor did I consider that an investigation,” Lucas said.