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Senator Assails Silberman as Too Partisan for Panel

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Times Staff Writers

A leading Democratic senator asked President Bush on Wednesday to rescind the nomination of Judge Laurence H. Silberman as co-chairman of a commission to investigate intelligence failures in Iraq, saying the judge’s partisan views would taint the inquiry.

Nevada Sen. Harry Reid attacked Silberman’s appointment, saying in the Senate that “it’s been acknowledged by most everyone that he is one of the most partisan people in our community.”

The White House quickly rejected Reid’s request and defended Silberman, the U.S. Court of Appeals senior judge who will co-chair the commission, along with former Virginia Sen. Charles S. Robb, a moderate Democrat.

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“The president stands by the appointment of this highly qualified, highly respected senior judge,” said White House spokeswoman Erin Healy.

And Silberman spoke out on the criticism, telling The Times that he is principled and impartial and denying specific claims made by a one-time conservative ally turned critic.

Silberman said suggestions that he lacked independence were particularly galling. “My whole career is one of independence and integrity,” he said. “I have been confirmed six times by the U.S. Senate without a negative vote.”

In calling for Silberman’s removal, Reid cited the judge’s role in overturning the conviction of Marine Col. Oliver L. North, his relationships with Bush administration officials and his role on and off the bench dealing with matters concerning President Clinton’s extramarital activity.

“If this commission is going to do its job, it must be free of political influence,” Reid said. “It must be above even the appearance of political bias.”

In an interview Wednesday, Silberman, as evidence of independence, cited principled disagreements with Republicans throughout his career.

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They included a clash with Nixon aide Charles Colson in 1972, when Silberman had to fight to hire a black man as the Labor Department’s regional director for New York state. Silberman was subsequently pressed to resign.

Shortly before President Nixon’s resignation, Silberman resisted a presidential effort to halt the prosecution of a Nixon friend and former Cabinet member, John B. Connally. The move was abandoned after Silberman threatened to resign.

On Wednesday, he lashed out at David Brock, the once-conservative author who wrote a tell-all book, “Blinded by the Right,” that included two dozen references to the judge and an equal number to his wife.

Brock’s book -- which claims that Silberman encouraged him to write about President Clinton’s extramarital activities -- was cited by Reid and another Democrat, Sen. Byron L. Dorgan of North Dakota. “David Brock’s book is laced with fiction and he is an unmitigated liar,” Silberman said.

He acknowledged that Brock had been in his home and had requested and received advice on personal and journalistic questions. But he denied encouraging him to write any stories about Clinton’s sex life. He simply responded to questions from Brock about whether writing about the so-called Troopergate allegations concerning Clinton’s sex life while Arkansas governor would hurt Brock’s reputation or place him in physical harm.

“I never encouraged him to write the article on Troopergate.... I never advised him to be aggressive.”

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Brock wrote that Silberman had given him a tip about Clinton’s sex life. “I never gave him a tip about the president’s sex life,” Silberman said. “That’s absurd. I didn’t know anything about the president’s sex life.”

Silberman said he wished he had been able to respond to inquiries by The Times earlier in the week to make clear that although he attended a large dinner with Col. North in 1984, he was not a friend of the Reagan White House aide whose conviction he overturned in a 1990 decision.

The Times reported Tuesday that both men had gone to a 1984 dinner of the “Pumpkin Papers Irregulars,” a gathering of anti-Communists. North’s desk calendar noted: “18:30. Pumpkin Papers. International Club. 18th & K Sts. Casey & Silberman.”

This note had drawn the attention of investigators who were looking into the Iran-Contra scandal, the secret plan to fund the anti-Communist guerrillas in Nicaragua by selling U.S. missiles to Iran.

William J. Casey, President Reagan’s chief of the Central Intelligence Agency, was the featured speaker at the 1984 dinner, and Silberman, a Washington lawyer, was the master of ceremonies. “There were hundreds of people there” Silberman said Wednesday. “I never met Oliver North.”

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