Ashcroft seen as ally in NCAA battle

Tuesday, Jan. 30, 2001 | 11:28 a.m.

In a twist of irony, Nevada's congressional delegation is eyeing Attorney General-nominee John Ashcroft, a strong gambling opponent, as an ally in its sports betting fight with the NCAA.

The delegation is hoping that Ashcroft, who once called gambling a "cancer on the soul of our nation," will back its bill calling upon the Justice Department to investigate illegal sports betting in America.

"He would be an unusual ally, but we would welcome it," Rep. Jim Gibbons, R-Nev., said Monday. "Anybody who's going to be able to help us in this fight is someone we will look at."

Rep. Shelley Berkley, D-Nev., said any effort to reach out to Ashcroft would be part of the delegation's "Herculean efforts" against the NCAA.

"I have never spoken to Mr. Ashcroft," Berkley said. "But in general, we will look to any possible ally in the Bush administration to help our efforts."

The Nevada betting bill could be introduced later this week as part of the delegation's overall strategy to fight the NCAA's campaign to ban betting in Nevada on college sports.

Sen. Harry Reid, D-Nev., the delegation's senior member, has scheduled a delegation meeting in his Washington office Wednesday to put the finishing touches on the bill and firm up the strategy to counter the NCAA, which is looking to introduce its college betting legislation soon. Casino-industry lobbyists plan to attend the meeting.

American Gaming Association President Frank Fahrenkopf, the industry's chief Washington lobbyist, declined to discuss Wednesday's strategy session.

"The NCAA and its supporters follow the Las Vegas newspapers," Fahrenkopf said. "It's idiotic for the industry and the delegation to lay out our strategy in the Las Vegas newspapers so our opponents can prepare to use it against us."

But a well-placed delegation source said there will be efforts to put more heat on the NCAA to address illegal gambling on campuses around the country. Those efforts will center on the Nevada sports betting bill.

"Our attitude is that gambling that goes on at campuses is illegal, and there ought to be zero tolerance," the source said. "And there are provisions for zero tolerance in the bill."

One provision reportedly allows for athletes and students caught gambling to lose their federally funded scholarships. Another would require universities to keep records of cases of illegal gambling similar to those of drug and alcohol use.

"The NCAA is the culprit here," Berkley said. "We need to focus attention on its lack of responsiveness to illegal sports betting."

Berkley added that she expects the Nevada betting bill to be introduced simultaneously in both houses.

Soliciting Ashcroft's support in the NCAA fight has been discussed behind the scenes in recent days within the casino industry and Nevada's delegation.

Ashcroft, a former senator and conservative Republican with ties to the religious right, has received stiff opposition from labor and liberal groups, but his nomination is expected to be confirmed by the Senate this week.

Sen. John Ensign, R-Nev., already has announced that he will vote for Ashcroft. Reid is considering joining top Democratic senators, such as Patrick Leahy of Vermont, Hillary Clinton of New York and Diane Feinstein of California, in voting against Ashcroft.

To some within the delegation, Ashcroft's support for the Nevada legislation would be a huge boost.

"If we can get the attorney general behind the bill, it probably would bring more Republicans on board, which is something we lacked last year," the source said. "It would get us a fair hearing and the due process that we've been asking for."

Ensign, Gibbons and Fahrenkopf, a former chairman of the Republican National Committee, also will be called upon to enlist the support of GOP congressional members who control both houses. Reid, the Senate's assistant minority leader, and Berkley will handle the Democrats.

The Ashcroft strategy does not come without a downside.

Supporters of the NCAA bill also expect Ashcroft, who has publicly attacked gambling around the country, to be in their corner.

For the delegation and the casino industry to view Ashcroft as an ally in the fight, the incoming attorney general would have to agree to hold off support of the NCAA bill until the Justice Department examines illegal betting around the country.

That would buy the industry much-needed time to rally more congressional support to kill the NCAA measure.

But there are no guarantees Ashcroft would be willing to hold off.

"There have been reservations about Ashcroft in the gaming community," a top industry source said. "Absent a commitment to members of the Nevada delegation, you have to be concerned about where he comes down on the issue."

Another key aspect of the Nevada delegation's strategy is to persuade the Bush administration to enter the fray, primarily on the grounds that legalized sports betting in Nevada is a state's rights issue. Bush is a strong advocate of states rights.

Gibbons has taken the lead in rallying the Republican administration.

Last week he and his top administrative aide, Mike Dayton, met with White House Chief of Staff Andrew Card with the hope of getting President Bush to listen to Nevada's concerns on a number of gaming issues, including the sports betting fight.

Gibbons said he's hoping to set up a meeting with Bush and Vice President Dick Cheney at the end of February, when Gov. Kenny Guinn will be in Washington for the National Governors Association winter conference. Guinn, who headed Bush's Nevada campaign, is among those playing a leading role in the fight with the NCAA.

If Bush can be persuaded of the merits of Nevada's sports betting position, he could wield influence over Ashcroft and Republican senators who would be inclined to side with the NCAA, Gibbons said.

The Nevada delegation is expecting the NCAA's betting bill to be introduced as early as next month.