Lee Will Get Top Civil Rights Post, White House Chief of Staff Says

President Clinton’s chief of staff said Friday that Bill Lann Lee, the besieged nominee for assistant attorney general, is sure to get the top civil rights job he has so far been denied.

“I assure you he will be the next assistant attorney general for civil rights,” Erskine Bowles told reporters. “He should be and he will be.”

The comment raised the possibility that Clinton would give Lee the job on an interim basis by making the appointment after Congress adjourns, a move that would be sure to rankle the Republican majority.

Republican critics of Lee’s affirmative action record declared his nomination dead and told the president Friday they want him to send the Senate a new nominee.

Clinton could do that, leave the civil rights post vacant or appoint Lee during Congress’ winter break to serve through 1998. His advisors are debating what to do.

Many White House officials believe such a recess appointment is the only way Lee could get the job. Other presidential aides argue that a lengthy confirmation fight next year could salvage the nomination and help Democrats politically.

Bowles said of the Senate: “The job they’ve done with Bill Lann Lee is disgraceful.”

Asked if the White House fears Senate retaliation if Lee is appointed during the recess, Bowles said flatly, “No.”

Yet the president has a history of backing down to pressure over his nominations. Amid GOP attacks in 1993, he abandoned the nomination of his first choice for the civil rights job, longtime friend Lani Guinier.

A recess appointment probably could not be challenged legally, but GOP leaders suggested in advance they would view it as an affront and a sign of bad faith.