WASHINGTON?Democrats, in a rare grilling of a U.S. District Court nominee, questioned law professor Paul Cassell on Tuesday about his attempts to overturn the requirement that police inform suspects of their right to remain silent.

Cassell, a U law professor seeking a federal judgeship in Utah, persuaded the U.S. Supreme Court to re-examine the Miranda warnings. He lost, however, in a 7-2 decision in 2000 with Chief Justice William H. Rehnquist writing, “Miranda has become embedded in routine police practice to the point where the warnings have become part of our national culture.”

Cassell argued that a 1968 law loosened the restrictions imposed by Miranda and allows voluntary confessions to crimes to be admitted as evidence, even if suspects aren’t read their rights.

Cassell’s advocacy against Miranda, which was supported by some law enforcement organizations, made several Democratic senators question whether he would be pro prosecution in a criminal trial as a federal judge.

“If I was a criminal defendant in front of Judge Cassell, would I be treated fairly?” questioned Senate Judiciary Chairman Patrick Leahy, D-Vt.

Cassell assured Democrats that he would uphold Miranda as a judge. The Miranda warning “is the law of the land and that’s the law I will follow,” he said.

Cassell, an advocate for victims rights who will remain a U professor if appointed, also told senators that he felt there were some areas where the courts have been too protective of criminal defendants’ rights and advocated video or audio taping criminal interrogations. However, “I understand the difference between being an advocate and being a jurist,” he told the committee.

The almost two hours of questioning from Democrats may indicate that Cassell’s nomination might be in for a battle from the Democrat controlled committee.

Most U.S. District Court nominees get few questions about their applications to be federal judges. The two other nominees on Tuesday’s agenda, U.S. District Judge nominees Legrome Davis of Pennsylvania and Lance Africk of Louisiana silently flanked Cassell as he was questioned, only getting a couple of questions of their own at the very end.

U.S. Appeals Court candidate Terrence O’Brien of Wyoming also only got few questions from the panel, which has been fighting recently over the number of President Bush’s nominees to be confirmed by the Senate.