October 11, 1991: Clarence Thomas Full Opening Statement (C-SPAN)

[0:06] the hearing will come to order let me ask the capitol hill police that there's not absolute [0:15] order and decorum in here we will recess the hearing and those who engage in any outburst at [0:22] all will be asked to leave the chamber good morning judge today the senate judiciary committee [0:32] is meeting to hear evidence on sexual harassment charges that have been made against judge clarence [0:38] thomas who has been nominated to be an associate judge of the supreme court i want to speak very [0:46] briefly about the circumstances that have caused us to convene these hearings we are here today to [0:57] hold open hearings on professor anita hill's allegations concerning judge thomas this [1:04] committee's handling of her charges has been criticized professor hill has made two requests [1:12] to this committee first she has asked us to investigate her charges against judge thomas [1:21] and second she had asked that these charges remain confidential that they not be made public [1:30] and not shared with anyone beyond this committee i believe that we have honored both her request [1:42] some have asked how could you have the united states senate vote on judge thomas's nomination [1:49] and leave senators in the dark about professor hill's charges and to this i answer how can you expect us [1:58] to have forced professor hill against her will into the blinding light which you see here today but i'm [2:09] deeply sorry that our actions in this respect have been seen by many across this country as a sign that [2:17] this committee does not take the charge of sexual harassment seriously we emphatically do i hope we all [2:29] learn from the events of the past week as one person who has spent the past two years attempting to [2:38] combat violence of all kinds against women through legislative efforts i can assure you that i take the [2:47] charge of sexual harassment seriously the committee's ability to investigate and hold hearings on professor [2:55] hill's charges has now dramatically changed by the events which forced professor hill against her wishes [3:09] to publicly discuss these charges the landscape has changed we are thus here today freed from the [3:19] restrictions which had previously limited our work sexual harassment is a serious matter and in my view [3:28] any person guilty of this offense is unsuited to serve not only on the nation's highest court but any [3:34] position of responsibility of high responsibility in or out of government sexual harassment of working [3:42] women is an issue of national concern but that said let me make clear that this is not i emphasize this [3:54] is not a hearing about the extent and nature of sexual harassment in america that question is for a different [4:03] sort of meeting of this or any other committee this is a hearing convened for a specific purpose [4:13] to air specific allegations against one specific individuals allegations which may be true or may not [4:22] be true whichever may be the case this hearing has not been convened to investigate the widespread problem [4:32] and it is indisputably widespread the widespread problem of sexual harassment in this country [4:42] those watching these proceedings will see witnesses being sworn and testifying pursuant to a subpoena [4:51] but i want to emphasize that this is not a trial this is not a courtroom at the end of our proceedings [5:01] there will be no formal verdict of guilt or innocence nor any finding of civil liability because this is [5:13] not a trial the proceedings will not be conducted the way in which a sexual harassment trial would be [5:21] handled in a court of law for example on the advice of the non-partisan senate legal counsel the rules of [5:32] evidence that apply in courtrooms will not apply here today thus evidence and questions that would not be [5:42] permitted in a court of law must under senate rules be allowed here this is a fact-finding hearing and our [5:54] purpose is to help our colleagues in the united states senate determine whether judge thomas should be [6:00] confirmed to the supreme court we are not here or at least i am not here to be an advocate [6:08] for one side or the other with respect to the specific allegations which we will review and it is [6:16] my hope and belief that my colleagues here today share that view achieving fairness in the atmosphere in [6:28] which these hearings are being held may be the most difficult task at least i have ever undertaken [6:35] in my close to 19 years in the united states senate each of us in this committee has already stated [6:45] how he will vote on judge thomas's nomination the committee as the senate rules require has already [6:52] voted in this committee on whether or not judge thomas should be in the court each of us has already said [7:02] whether we think judge thomas should or should not be a supreme court justice for reasons related to or [7:09] unrelated to charges we will listen to today and in this setting it will be easy and perhaps understandable for [7:21] the witnesses to fear unfair treatment but it is my job as chairman to ensure as best as i possibly can [7:32] fair treatment and that is what i intend to do so let me make three ground rules clear for all of my [7:42] colleagues first while legal counsel was sitting behind me has advised that the rules of evidence do not [7:52] apply here counsel has also advised the chair that the chair does have the power to rule out of order [8:02] questions that are not relevant to our proceedings certain subjects are simply irrelevant to the issue [8:10] of harassment namely the private conduct out of the workplace relationships and intimate lives and [8:20] practices of judge thomas professor hill and any other witness that comes before us thus as chairman i will [8:31] not allow questions on matters totally irrelevant to our investigation of the professional relationship [8:39] of judge thomas and any woman who has been employed by him the committee is not here to put judge thomas or [8:48] professor hill on trial i hope my colleagues will bear in mind that the best way to do our job is to ask [8:58] questions that are non-judgmental and open-ended and attempt to avoid questions that badger and harass any [9:08] witness second while i have less discretion than a judge in a trial to bar inappropriate or embarrassing [9:18] questions all of the witnesses should know that they have a right under senate rule 26.5 to ask that the [9:29] committee go into closed session if a question requires an answer that is quote a clear invasion [9:36] of their right to privacy end of quote the committee will take very seriously the request of any witness [9:44] to answer particularly embarrassing questions as they view it whether or not it's embarrassing to answer [9:52] those questions in private third the order of questioning because this is an extraordinary hearing [10:03] democrats and republicans have each taken the step of designating a limited number of senators to [10:11] question for the committee on the democratic side our questioners will be senators heflin leahy [10:20] and myself as i understand it on the republican side the questioners will be [10:26] a ranking member senator hatch and senator specter that means making sure that we do not in any way [10:39] mislead anyone as to the nature of the proceeding and how it will proceed in closing i want to [10:46] reiterate my view that the primary responsibility of this committee is fairness that means making sure [10:52] that we do not victimize any witness who appears here and that we treat every witness with respect and [10:58] without making any judgment about the specific witnesses we will hear from today fairness means [11:04] understanding what a victim of sexual harassment goes through why victims often do not report such [11:10] crimes why they often believe that they should not or cannot leave their jobs perhaps 14 men sitting [11:18] here today cannot understand these things fully i know there are many people watching today who suspect we [11:25] never will understand but fairness means doing our best to understand no matter what we do or do not [11:33] believe about the specific charges that we are going to listen as closely as we can at these hearings [11:40] fairness also means that judge thomas must be given a full and fair opportunity to confront these [11:47] charges against him to respond fully to tell us his side of the story and to be given the benefit of the doubt [11:56] in the end this hearing may resolve much or it may resolve little but there are two things that cannot [12:05] remain in doubt after this hearing is over first that the members of this committee are fair and have [12:14] been fair to all witnesses and second that we take sexual harassment as a very serious concern in this [12:26] hearing and overall so let us perform our duties with a full understanding of what i have said and of [12:37] our responsibilities to the senate to the nation and to the truth i yield now to my colleague from north [12:45] care from south carolina mr chairman we have taken the unusual step of reconvening this committee in [13:00] order to consider further testimony regarding the nomination of judge clarence thomas to be a justice of [13:07] the supreme court of the united states we're here this morning to attempt to design the truth in some [13:15] rather extraordinary allegations made against this nominee and because judge thomas has requested an [13:23] opportunity to refute these allegations and restore his good name mr chairman before we begin i want to [13:33] emphasize that the charge of sexual harassment is a grave one and one that each centers on this committee [13:42] takes with the utmost seriousness this is an issue of great sensitivity and there is no doubt in my [13:50] mind that this is difficult for everyone involved both judge thomas and professor hill find themselves in [14:00] the unenviable position of having to discuss very personal matters in a very public forum i want to assure [14:10] them at the outset that they will be dealt with fairly this will be an exceedingly uncomfortable [14:17] process for us all but a great deal hangs in the balance and our duty is clear we must find the [14:26] truth i would like to commend chairman biden who worked with me to ensure that this sharing would [14:34] be conducted fairly after consulting with each member on my side i have decided that senator hatch will [14:44] conduct the questioning of judge thomas i've also decided after consultation that senator specter [14:53] will undertake the questioning of professor hill and the other witnesses i reserve the privilege of [15:00] preparing the questions myself i want to make it clear that every republican member of this committee [15:07] had been deeply involved in this process from the day judge thomas was nominated by president bush [15:15] however in the interest of time and fairness to all the witnesses i believe the procedures that have [15:22] been outlined will work best for everyone involved over 100 days ago when president bush nominated judge [15:31] thomas this committee undertook a thorough and far-reaching investigation of his background that [15:40] investigation turned up nothing questionable about the judge but rather showed him to be an individual [15:47] of great character and accomplishment during the original confirmation hearings this committee heard [15:55] testimonies from over 100 witnesses both for and against the nomination not one of these witnesses even [16:04] those most bitterly opposed to this nomination had one disparaging comment to make about clarence thomas's [16:13] moral character on the contrary witness after witness spoke of the impeccable character abiding honesty and [16:23] consummate professionalism which judge thomas has shown throughout his career in conclusion i want to [16:32] comment briefly about the allegations that have been raised by professor hill the alleged harassment she [16:40] describes took place some 10 years ago during that time she continued to initiate contact with judge thomas [16:51] in an apparently friendly manner in addition professor hill chose to publicize her allegations [16:58] the day before the full senate would have voted to confirm judge thomas while i fully intend to maintain [17:05] an open mind during today's testimony i must say that the timing of these statements raises a tremendous [17:15] number of questions which must be dealt with and i can assure all the witnesses that we shall be [17:22] on standing in our effort to ascertain the truth thank you mr chairman thank you now before i swear [17:29] judge thomas i asked the police officer to go to the front of that door while judge thomas is speaking [17:34] do not let anyone in or anyone out he's entitled to absolute quiet in this room no matter who it is [17:40] that comes in judge would you stand to be sworn judge do you swear to tell the truth the whole truth [17:51] and nothing but the truth to help you god judge do you have an opening statement please proceed mr [18:03] chairman senator thurman members of the committee as excruciatingly difficult as the last two weeks [18:17] have been i welcome the opportunity to clear my name today no one other than my wife and senator danforth [18:29] to whom i read this statement at 6 30 a.m has seen or heard the statement no handlers no advisors the [18:43] first i learned of the allegations by professor anita hill was on september 25 1991 when the fbi came to [18:55] my home to investigate her allegations when informed by the fbi agent of the nature of the allegations [19:05] and the person making them i was shocked surprised hurt and enormously saddened i have not been the same [19:19] since that day for almost a decade my responsibilities included enforcing the rights of victims of sexual [19:30] harassment as a boss as a friend and as a human being i was proud that i had never had such an [19:42] allegation leveled against me even as i sought to promote women and minorities into non-traditional [19:53] jobs in addition several of my friends who are women have confided in me about the horror of harassment [20:03] on the job or elsewhere i thought i really understood the anguish the fears the doubts the seriousness of [20:13] the matter but since september 25th i have suffered immensely as these very serious charges were leveled [20:23] against me i have been racking my brains and eating my insides out trying to think of what i could have [20:32] said or done to anita hill to lead her to allege that i was interested in her in more than a professional [20:40] way and that i talked with her about pornographic or x-rated films contrary to some press reports i [20:50] categorically denied all of the allegations and denied that i ever attempted to date anita hill [20:59] when first interviewed by the fbi i strongly reaffirmed that denial let me describe my relationship [21:09] with anita hill in 1981 after i went to the department of education as an assistant secretary [21:17] in the office of civil rights one of my closest friends from both college and law school gil hardy [21:26] brought anita hill to my attention as i remember he indicated that she was dissatisfied with her law firm [21:35] and wanted to work in government based primarily if not solely on gil's recommendation i hired anita hill [21:47] during my tenure at the department of education anita hill was an attorney advisor who worked directly [21:55] with me she worked on special projects as well as day-to-day matters as i recall she was one of two [22:04] professionals working directly with me at the time as a result we worked closely on numerous matters [22:12] i recall being pleased with her work product and the professional but cordial relationship which we [22:20] enjoy at work i also recall engaging in discussions about politics and current events upon my nomination [22:30] to become chairman of the equal employment opportunity commission anita hill to the best of my [22:37] recollection assisted me in the nomination and confirmation process after my confirmation she [22:47] and diane holt then my secretary joined me at eeoc i do not recall that there was any question or doubt [22:58] that she would become a special assistant to me at eeoc although as a career employee she retained the option [23:08] of remaining at the department of education at eeoc our relationship was more distant and our contacts less [23:17] frequent as a result of the increased size of my personal staff and the dramatic increase and [23:24] diversity of my day-to-day responsibilities upon reflection i recall that she seemed to have had [23:33] some difficulty adjusting to this change in her role in any case our relationship remained both cordial [23:42] and professional at no time that i become aware either directly or indirectly that she felt i had said or done [23:53] anything to change the cordial nature of our relationship i detected nothing from her or from my staff [24:02] or from gill hardy our mutual friend with whom i maintained regular contact i am certain that had any [24:11] statement or conduct on my part been brought to my attention i would remember it clearly because of the [24:20] nature and seriousness of such conduct as well as my adamant opposition to sex discrimination and sexual [24:28] harassment but there were no such statements in the spring of 1983 mr charles kothy contacted me to [24:39] speak at the law school at oral roberts university in tulsa oklahoma anita hill who's from oklahoma accompanied [24:48] me on that trip it was not unusual that individuals on my staff would travel with me occasionally anita [24:57] hill accompanied me on that trip primarily because this was an opportunity to combine business and a visit to [25:05] her home as i recall during our visit at oral roberts university mr kothy mentioned to me the [25:14] possibility of approaching anita hill to join the faculty at oral roberts university law school [25:22] i encouraged him to do so and noted to him as i recall that anita hill would do well in teaching [25:31] i recommended her highly and she eventually was offered a teaching position although i did not see [25:39] anita hill often after she left eeoc i did see her on one or two subsequent visits to tulsa oklahoma [25:49] and on one visit i believe she drove me to the airport i also occasionally received telephone calls [25:57] from her she would speak directly with me or with my secretary diane holt since anita hill and diane [26:06] holt had been with me at the department of education they were fairly close personally and i believe [26:13] they occasionally socialized together i would also hear about her through linda jackson then linda [26:20] lambert whom both anita hill and i met at the department of education and i would hear of her from [26:29] my friend gill throughout the time that anita hill worked with me i treated her as i treated my other [26:38] special assistants i tried to treat them all cordially professionally and respectfully and i tried to [26:48] support them in their endeavors and be interested in and supportive of their success i had no reason [26:58] or basis to believe my relationship with anita hill was anything but this way until the fbi visited me [27:06] a little more than two weeks ago i find it particularly troubling that she never raised any hint that she [27:16] was uncomfortable with me she did not raise or mention it when considering moving with me to eeoc [27:23] from the department of education and she never raised it with me when she left eeoc and was moving on [27:31] in her life and to my fullest knowledge she did not speak to any other women working with or around me [27:39] who would feel comfortable enough to raise it with me especially diane holt to whom she seemed closest on [27:48] my personal staff nor did she raise it with mutual friends such as linda jackson and gill hardy this is [27:57] a person i have helped at every turn in the road since we met she seemed to appreciate the continued [28:06] cordial relationship we had since day one she sought my advice and counsel as did virtually all of the [28:14] members of my personal staff during my tenure in the executive branch as a manager as a policy maker [28:24] and as a person i have adamantly condemned sex harassment there is no member of this committee [28:34] or this senate who feels stronger about sex harassment than i do as a manager i made every effort [28:43] to take swift and decisive action when sex harassment raised or reared its ugly head the fact that i feel [28:52] so very strongly about sex harassment and spoke loudly about it at eeoc has made these ad allegations [29:02] doubly hard on me i cannot imagine anything that i said or did to anita hill that could have been [29:12] mistaken for sexual harassment but with that said if there is anything that i have said that has been [29:20] misconstrued by anita hill or anyone else to be sexual harassment then i can say that i am so very sorry [29:30] and i wish i had known if i did know i would have stopped immediately and i would not as i've done [29:38] over the past two weeks had to tear away at myself trying to think of what i could possibly have done [29:46] but i have not said or done the things that anita hill has alleged god has gotten me through the days [29:57] since september 25th and he is my judge mr chairman something has happened to me in the dark days that [30:09] have followed since the fbi agents informed me about these allegations and the days have grown darker [30:18] as this very serious very explosive and very sensitive allegation or these sensitive allegations [30:26] were selectively leaked in a distorted way to the media over the past weekend as if the confidential [30:34] allegations themselves were not enough this apparently calculated public disclosure has caused me [30:43] my family and my friends enormous pain and great harm i have never [30:51] in all my life felt such hurt such pain such agony my family and i have been done a grave [31:02] and irreparable injustice during the past two weeks i lost the belief that if i did my best [31:11] all would work out i called upon the strength that helped me get here from pinpoint and it was all [31:19] sapped out of me it was sapped out of me because anita hill was a person i considered a friend [31:26] whom i admired and thought i had treated fairly and with the utmost respect perhaps i could have been [31:35] better weathered this if it was from someone else but here was someone i truly felt i had done my best [31:43] with though i am by i am by no means a perfect person no means i have not done what she has alleged and i [31:55] still don't know what i could possibly have done to cause her to make these allegations when i stood next [32:03] to the president and kenna bunkport being nominated to the supreme court of the united states that was [32:11] a high honor but as i sit here before you 103 days later that honor has been crushed from the very [32:22] beginning charges were leveled against me from the shadows charges of drug abuse anti-semitism wife [32:31] beating drug use by family members that i was a quota appointment confirmation conversion and much much [32:39] more and now this i have complied with the rules i responded to a document request that produced over [32:50] 30 000 pages of documents and i have testified for five full days under oath i have endured this ordeal [33:01] for 103 days reporters sneaking into my garage to examine books i read reporters and interest groups [33:10] swarming over divorce papers looking for dirt unnamed people starting preposterous and damaging rumors [33:19] calls all over the country specifically requesting dirt this is not american this is kafka-esque it has [33:30] got to stop it must stop for the benefit of future nominees and our country enough is enough i'm not [33:45] going to allow myself to be further humiliated in order to be confirmed i am here specifically to [33:55] respond to allegations of sex harassment in the workplace i am not here to be further humiliated by [34:03] this committee or anyone else or to put my private life on display for purient interests or other reasons [34:13] i will not allow this committee or anyone else to probe into my private life this is not what america [34:23] is all about to ask me to do that would be to ask me to go beyond fundamental fairness yesterday i called [34:35] my mother she was confined to her bed unable to work and unable to stop crying enough is enough mr chairman [34:51] in my 43 years on this earth i have been able with the help of others and with the help of god to defy [34:59] poverty avoid prison overcome segregation bigotry racism and obtain one of the finest educations [35:11] available in this country but i have not been able to overcome this process this is worse than any [35:19] obstacle or anything that i have ever faced throughout my life i have been energized by the expectation [35:29] and the hope that in this country i would be treated fairly in all endeavors when there was [35:37] segregation i hoped there would be fairness one day or someday when there was bigotry and prejudice [35:47] i hoped that there would be tolerance and understanding someday mr chairman i am proud of my life [35:58] proud of what i've done and what i've accomplished proud of my family and this process this process [36:08] is trying to destroy it all no job is worth what i've been through no job no horror in my life has [36:19] been so debilitating confirm me if you want don't confirm me if you are so led but let this process end [36:32] let me and my family regain our lives i never asked to be nominated it was an honor little did i know the [36:42] price but it is too high i enjoy and appreciate my current position and i'm comfortable with the prospect [36:52] of returning to my work as a judge on the u.s court of appeal for the dc circuit and to my friends there [37:02] each of these positions is public service and i have given at the office i want my life and my family's [37:12] life back and i want them returned expeditiously i have experienced the exhilaration of new heights [37:21] from the moment i was called to kinnebunkport by the president to have lunch and he nominated me [37:29] that was the high point at that time i was told eye to eye that clarence you made it this far on [37:38] merit the rest is going to be politics and it surely has been there have been other highs the outpouring [37:47] of support for my friends of long standing a bonding like i have never experienced with my old boss [37:54] senator danforth the wonderful support of those who have worked with me there have been [38:01] prayers said for my family and me by people i know and people i will never meet prayers that were [38:08] heard and that sustained not only me but also my wife and my entire family instead of understanding [38:17] and appreciating the great honor bestowed upon me i find myself here today defending my name my integrity [38:27] because somehow select portions of confidential documents dealing with this matter were leaked to [38:34] the public mr chairman i am a victim of this process my name has been harmed my integrity has been harmed [38:49] my character has been harmed my family has been harmed my friends have been harmed there is nothing [38:59] this committee this body or this country can do to give me my good name back nothing i will not provide [39:11] the rope for my own lynching or for further humiliation i am not going to engage in discussions nor will i [39:22] submit to roving questions of what goes on in the most intimate parts of my private life or the sanctity of [39:30] my bedroom these are the most intimate parts of my privacy and they will remain just that private thank you judge