Regarding the Sept. 25 story (Main news) in which you quote me as criticizing a provision offered by Rep. Henry Hyde to provide criminal defendants attorney fees in cases on which they prevailed and where the government’s case was not substantially justified:
I was concerned about the provision in the context of drug and rape cases where such a standard arguably could be difficult to meet due to the frequent unwillingness of witnesses to testify.
In a prepared statement of mine (which I never delivered but which was available to the press), I was guilty, as we sometimes are in the heat of legislative debate, of unjustified hyperbole and overstatement in stating, in effect, that the provision would be a windfall for wrongdoers in such cases. I was wrong for engaging in such hyperbole, particularly to the extent it referred to Rep. Hyde.
To Democrats and Republicans alike, Rep. Henry Hyde is a member whose humanity, integrity and commitment to basic rights are second to none. Further, Rep. Hyde is one of the very few members whose long history of fighting crime while promoting victims’ rights is widely admired on both sides of the aisle. Rep. Hyde’s history on the Judiciary Committee would tell you that he is the last person to come to the aid of wrongdoers.
As the lead Democrat on the Judiciary Committee which he chairs, it is truly an honor to work with someone who sets such an example of gentlemanly behavior and scholarly work. While there may be honest differences on this and other proposals, Rep. Hyde has nothing but the best objectives in offering this amendment, and I for one would be happy to work with him to further refine the proposal to ensure its acceptability to the administration such that it could become law.
