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Getting Clinton Seal of Disapproval

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TIMES STAFF WRITERS

Bradley A. Smith may be unique among presidential appointees--a man whose views the president utterly disdains.

Smith, a critic of campaign finance reform, was nominated by President Clinton last week for a post on the Federal Election Commission.

And Wednesday, at a White House news conference, Clinton found himself in the curious position of both defending the appointment while renouncing the appointee’s views.

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“You know, he hates campaign finance reform, Bradley Smith does,” Clinton said. “He’s written that. And he’ll get a three-year appointment now, where he’ll be one person on the FEC. And I don’t like it.”

Clinton explained that the nature of the commission, along with the overall politics of presidential appointments, compelled him to accept the Republicans’ choice for a GOP vacancy.

The nomination is for one of two open seats on the commission. Democrats name one candidate, Republicans the other, and the White House sends both nominations to the Senate for confirmation.

Clinton announced the nomination Feb. 9, ending a stalemate with Senate Republican leaders. Smith was strongly supported by Sen. Mitch McConnell (R-Ky.), a leading foe of campaign finance reform.

If Clinton had rejected Smith, who was strongly recommended by Senate Majority Leader Trent Lott (R-Miss.), Republicans might have been more likely to reject his nominees, Clinton said.

But Smith, a professor at Capital University Law School in Ohio, did not appreciate Wednesday’s public trashing.

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“You’d think the president was nominating the Unabomber or David Duke or somebody,” he said in an interview from his office.

“I don’t hate campaign finance reform. I favor some reforms.”

Yet the criticism of Smith was hardly confined to Washington. On the presidential campaign trail Wednesday, Vice President Al Gore and Democratic challenger Bill Bradley both decried the nomination.

Gore, in Camilla, Ga., to inspect tornado damage, used the controversial nomination to present himself Wednesday as a proponent of reform of the nation’s campaign finance laws.

He also called on the chief contenders for the Republican presidential nomination to join in the opposition to Smith.

“If John McCain and George Bush support campaign finance reform--as they profess--they should have their Republican colleagues withdraw professor Smith as their nominee. If they do not withdraw him, the Senate should reject the nomination.”

Asked about the political spectacle of his appearing to express disagreement with Clinton, Gore told a reporter: “I think he made a considered judgment because of the unfair position adopted by Sen. Lott--and once a nomination is sent forward, it’s quite a to-do to withdraw the nomination.”

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Gore said, with emphasis in his voice, that he had spoken with Clinton about the nomination but not before it was made.

Bradley, speaking to reporters after appearances in Buffalo, N.Y., said that he welcomed Gore’s comments. “I said it last week and he said it this week.” He called Clinton’s nomination of Smith “a betrayal of campaign finance.”

For his part, Smith said Wednesday that he has recommended raising legal limits on donations that now are widely ignored through “soft money” contributions or other techniques.

“This is hardly a radical position, as other members of the FEC have suggested this,” he said.

But Smith is against abolishing soft money--largely unregulated contributions to the political parties from corporations, unions and wealthy individuals--that is designed to support party-building and issue-advocacy but has been widely abused.

“As a constitutional matter, I don’t think the courts would uphold eliminating soft money,” he said. “It’s protected on free-speech grounds.”

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McCain, the Arizona senator, has made a ban on soft money a centerpiece of his presidential campaign, and, on Tuesday, Texas Gov. Bush called for a partial soft-money ban. McCain and Bradley have pledged to refuse soft money if they become their parties’ nominees.

Smith, 41, is a 1990 cum laude graduate of Harvard Law School and maintained a private law practice in Ohio for three years. He has been on the faculty of Capital University Law School in Columbus since 1993, appearing often on television shows to discuss health care, economics, campaign finance and other public policy issues.

The nominee said that he is anxious to be confirmed by the Senate and move to Washington with his wife and two daughters, ages 8 and 12.

“I’ve taken a lot of shots from people who have never talked to me or read my stuff,” he sighed. “I’m kind of looking forward to stepping up and letting them see me.”

Jackson reported from Washington and Gerstenzang from Camilla, Ga. Times staff writer Matea Gold contributed to this story from Buffalo, N.Y.

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