THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, February 22, 1995 TAG: 9502220017
SECTION: FRONT PAGE: A10 EDITION: FINAL
TYPE: Opinion
SOURCE: By PAUL GOLDMAN
LENGTH: Medium: 79 lines
Move over O.J. The murder trial of Dr. Henry Foster, surgeon-general designate, is about to begin. He's the Tennessee baby doctor now accused of being a baby killer.
No one has yet made this specific charge. But it's coming. Political trials reverse normal legal procedure: First you name the defendant, then wait to issue the final indictment.
Right now, the White House sees Dr. Foster as a great vindicator for the pro-choice position. But could the nomination boomerang?
The most troubling question at the core of the abortion debate is clear: Is abortion the taking of an innocent, human life? Anti-abortion crusaders believe that Dr. Foster, who admits to doing at least 39 abortions, is a killer. They intend to turn his Senate confirmation hearing into a murder trial.
Washington's political establishment dismisses this possibility. Pro-choice leaders believe anti-abortion crusaders will go overboard and alienate millions of voters. They regard Dr. Foster's nomination as a blessing.
Yet Dr. Foster is going to be asked the touchiest questions on the most difficult subject in American politics. As Marcia Clark and Johnny Cochran would advise, never put a witness on the stand without knowing what he will say.
Dr. Foster now represents the pro-choice position. What will he say when asked:
Do you believe life begins at conception? If not, then when? Why did you say you abhorred abortion? If abortion is not the taking of a human life, then why do you and President Clinton say abortion should be a rarely used procedure?
Have you ever refused to do an abortion? If so, why?
Have you ever counseled anyone not to have an abortion? If so, why?
Do you support efforts to counsel women against having an abortion? By whom? Does the state have an obligation to pass laws making sure women get this advice prior to an abortion?
Let's cut to the chase: Like Clarence Thomas, this grandfatherly Southerner is becoming a pawn in a larger game. His hearings will focus on life and death in the context of the most explosive issue in American politics.
Dr. Foster's testimony and subsequent cross-examination are ready-made for live network television coverage. Pro-choice and anti-abortion groups will be marching, holding vigils and creating a charged Capitol atmosphere.
For the media, the hearings will provide a great political show trial. The Simpson case doesn't start until noon or later in the East. Between the time differences and other prime-time juggling, America can see one defendant get the benefit of the doubt while the other tries to prove he's not guilty.
The abortion issue touches on the most personal of personal decisions any human being ever has to make. The surgeon general's office has only one main purpose: to be a moral leader. Anti-abortion activists say the government has a moral duty to protect an unborn life. Pro-choice activists say a woman has an absolute right to control her own body and the government has a moral duty to stay out of the decision.
No one representing a president has ever been asked to discuss the abortion issue under such intense scrutiny. The U.S. Senate has never been required to discuss abortion under such politically charged circumstances.
Washington politicians have repeatedly underestimated the power of ideas. Those who believe abortion is murder and those who believe a woman has total reproductive freedom continue to power the abortion debate. Now, into this Bermuda Triangle of emotion and energy eagerly sails the Clinton administration, both major national parties, the U.S. Senate and some of the most powerful political forces in America.
Are they all really ready for the Senate's first murder trial? Dr. Foster may say things that make a lot of people - from the White House to every house - very uncomfortable. MEMO: Mr. Goldman is a former chairman of the Virginia Democratic Party.
ILLUSTRATION: Photo
DR. FOSTER
by CNB