When Salt Lake attorney Dan Berman held his annual Christmas luncheon last year, he talked about his expected appointment to the 10th Circuit Court of Appeals.
He joked that if he could pass an FBI background check, anybody could.He spoke too soon.
Berman has withdrawn his candidacy for the appeals court in the wake of harsh media reports about sexual harassment and verbal abuse, a reopened FBI investigation and rumors that the American Bar Association was going to pronounce Berman "not qualified" for the post based on lack of judicial temperament.
Sen. Orrin Hatch, R-Utah, a longtime Berman friend, confirmed Tuesday that Berman withdrew his name for consideration late last week.
"The process was just too long and drawn out," said Hatch, the Senate Judiciary Committee chairman who had pushed the Clinton administration to nominate Democrat Berman.
Berman withdrew less than a week after the Private Eye Weekly published a story containing numerous allegations of sexual harassment and verbal abuse by Berman. The sources were all unnamed.
Berman failed to return Deseret News phone calls.
Berman was never formally nominated, but the Clinton administration had been considering him as the only candidate in recent months. In December, Berman told friends he expected his nomination to be announced shortly after the first of the year.
But that same month, a Utahn familiar with Berman learned that the FBI had closed its routine background check and was likely to give Berman a positive report.
The Utahn placed a call to a powerful woman in Washington and detailed incidents of verbal abuse and sexual harassment, the Deseret News has learned.
The Washington woman, in turn, placed a call to a friend with the U.S. Deptartment of Justice.
When the new year opened, the FBI received instructions to look again - but look quickly.
Attorneys contacted by the FBI said it appeared the FBI only planned to spend a day or two taking a second look at Berman.
But this time, the FBI came back with specific questions. Agents asked people who knew Berman if they had firsthand knowledge of Berman sexually harassing women he worked with or verbally abusing people, particularly women.
The ABA stepped up its inquiry, too. Taking its cue from the FBI, the ABA began asking similar questions.
Both agencies got answers, and investigations dragged on for several weeks. An attorney contacted by both the FBI and the ABA said both investigators told him that a number of people have provided information about both sexual harassment and verbal abuse.
Hatch would not speculate whether Berman's withdrawal was related to allegations against him from unnamed sources in the Private Eye of sexual harassment and other misconduct.
"As often happens with a high-profile position like this, some of his critics went into the gutter," Hatch said. "They were way out of line."
Hatch was also quick to praise Berman. "He is a high-quality individual who is recognized as one of the great lawyers in the country, and he would have been a good judge."
Hatch and Utah Attorney General Jan Graham, who was attending a convention in Washington, both said the Clinton administration told them it will likely start the nomination process anew with a blank slate, rather than returning to a short list it once had developed.
"They have to go back to the drawing board. But because they got to know a lot of people in the process so far, it could be a shortened process," Hatch said.
One name that several sources said the Clinton nomination will almost surely consider is Utah Supreme Court Justice Christine Dur-ham, whom the Clinton administration has mentioned at times as a potential nominee for the U.S. Supreme Court.
"I am entirely comfortable with the information that the administration will be starting from scratch on filling this vacancy," said Durham. "My understanding all along was that once the White House had determined that Dan Berman would be their first selection, investigation of all other possible candidates had ceased. It makes complete sense to me that they would want to take a new look. I was very honored to be considered before. I hope I will be considered again."
Berman may be best known to Utahns for his unsuccessful run against former Sen. Jake Garn, R-Utah, for the Senate in 1980. Even though he is a Democrat, he has often been supportive of - and has donated money to - Republicans, including Hatch.