NorthwestAugust 17, 1993

Michael R. Wickline

Former Latah County Prosecutor Craig W. Mosman has agreed to serve on U.S. Sen. Larry Craig's committee to review nominations for U.S. Justice Department posts in Idaho as the panel prepares for its first meeting next week.

Mosman is the third attorney with Democratic ties to join the committee whose formation has drawn sharp criticism from Idaho 1st District Congressman Larry LaRocco and state Democratic Party Chairman William Mauk.

The two others are Rexburg lawyer Ray Rigby and former Idaho Supreme Court Justice Robert Bakes of Boise.

Mosman said he agreed to serve on the panel in the past few weeks primarily because of his previous dealings with its members. Boise lawyers Jess B. Hawley Jr., R. John Insinger and Guy Hurlbutt and Pocatello lawyer Randy Smith are the four Republicans serving on the committee.

''We are still two short of our preferred nine,'' Craig's chief of staff, Greg Casey, said Monday. ''It's the other side we have had problems with, but we'll get it done.''

Seven of 10 Democrats asked to serve on the committee have declined primarily for ''perfectly legitimate reasons,'' he said. He said Craig's invitation for LaRocco or Mauk to appoint someone to the committee still is open.

But Mauk has declined to appoint anyone to the committee and LaRocco has repeatedly questioned where the committee fits in the process.

LaRocco has recommended President Clinton appoint Lewiston lawyer John R. Tait as a U.S. District Judge, Boise attorney Betty Richardson as a U.S. Attorney and Pocatello Police Chief James Bencham as the U.S. Marshall for Idaho.

In a memo to the review committee, Craig reiterated that he expected to create this panel when he became Idaho's senior senator last January.

''Actions taken by Federal Judges, U.S. Attorneys and U.S. Marshals have profound impact on the daily lives of all Idahoans,'' he wrote in a memo dated July 20. ''The actions of all three in the recently concluded (Randy) Weaver trial are a testament to that importance. These are important positions and their nomination and confirmation must be made with great care and given serious consideration.''

Hurlbutt, the committee's chairman, said the committee's first meeting will be Monday in Boise and focus on how to meet the charge Craig has given it.

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Craig said he will forward information about the individuals nominated for U.S. Justice Department posts to the committee as soon as they are nominated. After the committee reviews all information, each of its members will be asked to make recommendations to Craig that will be kept confidential unless the member and the commission directs otherwise, he said.

''These recommendations will assist me in deciding whether to support or oppose these nominees,'' he wrote in his memo. ''It will be up to Senator Kempthorne and me to decide how your decisions are best transmitted to the U.S. Department of Justice and the Senate Judiciary Committee.''

U.S. Sen. Joseph Biden, chairman of the judiciary committee, emphasized that no senator has veto authority over a presidential nominee.

''We do take seriously any recommendation, any comment that a senator makes about a nominee from his or her own state,'' the Delaware Democrat said in a recent telephone interview. He added that he hasn't found either U.S. Sen. Dirk Kempthorne, R-Idaho, nor Craig to be irresponsible in this regard.

In his memo, Craig said the initial committee may not be all that some of its members believe it should be.

''It will not recruit candidates,'' he wrote. ''It will not advertise for vacancies or accept applications from those seeking these positions. And, at least in the near term, the commission will not select preferred nominees from a list of potential candidates.''

Hurlbutt said the committee won't go beyond the candidates nominated by President Clinton for U.S. Justice Department posts in Idaho.

''We didn't sell it (committee membership) for more than it is because we wanted to be deferential to the party in power,'' Casey said.

However, he said Craig would have liked the committee to function like the Idaho Judicial Council, which seeks applicants and make recommendations to Gov. Cecil D. Andrus, if Republicans controlled the White House.

Biden said he isn't aware that any other U.S. senator has formed a committee like that organized by Craig. Casey said there isn't any other senator who is as far along as Craig is.

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