Washington, DC – Following a face-to-face meeting on Wednesday evening with U.S. Attorney Mike Mosman, U.S. Senator Ron Wyden (D-OR) today announced his willingness to support Mosman’s nomination to the Federal District Court of Oregon. In announcing his support, Wyden expressed satisfaction with Mosman’s willingness to discuss his record and his views, as well as his clearly stated commitment to equal rights for gays and lesbians.

“Mr. Mosman looked me in the eye and answered all of my questions regarding his views on equal rights, and I believe he was completely candid,” Wyden said. “I am convinced he is committed to equal rights for all Americans, and I believe his extensive criminal justice background will serve as a real asset to the court should he be confirmed.”

Mosman’s probable nomination came under scrutiny in early March when Basic Rights Oregon (BRO) questioned his role in the controversial 1986 Bowers v. Hardwick case where the Supreme Court upheld a Georgia statute banning “sodomy.” Mosman – who had written memos favoring Georgia’s position while serving as a law clerk to former U.S. Supreme Court Justice Lewis Powell – has maintained that the memoranda he prepared for that case did not reflect his personal views.

“While I disagree strongly with Justice Powell’s decision in the Bowers case, as well as with the Mosman memos, ultimately Mr. Mosman’s current views are more relevant to this inquiry than his actions as a law clerk some 18 years ago,” said Wyden.

To address these issues, Wyden arranged a meeting in his Portland office last Friday between Mosman and Roey Thorpe and Terry Bean, representatives of BRO and the Human Rights Campaign (HRC). Today Wyden praised BRO and the HRC for their thorough and fair investigation of Mosman’s record and current views on equal rights.

“Basic Rights Oregon rendered a public service by raising these issues when they did, and their efforts, along with those of the Human Rights Campaign, ensured that this

candidate clarified his views before the Senate acts on his nomination,” Wyden said. “I deeply appreciate their willingness to ask the tough questions regarding Mr. Mosman’s potential nomination.”

In yesterday’s meeting Wyden also raised a concern that Mosman is named in U.S. Attorney General John Ashcroft’s lawsuit against Oregon’s physician-assisted suicide law, which has been approved twice by voters. Wyden asked Mosman to recuse himself from any cases involving challenges to the Oregon law, and Mosman agreed.

“Due to his recent involvement in the case, regardless of the degree of involvement, for Mr. Mosman to now sit as a judge on this issue would create understandable concerns about his ability to remain objective in this matter. To his credit, he has agreed to recuse himself,” Wyden said.

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