Posted on 05/12/2005 9:26:44 PM PDT by FairOpinion
WASHINGTON - Irritated by Democratic chiding, Senate Majority Leader Bill Frist on Thursday defended the "fairness and principle" of pressing a confrontation over judicial filibusters.
During an hourlong exchange, Senate dean Robert Byrd, D-W.Va., told Frist, "Don't leave this as your legacy." That was a reference to a Republican plan to eliminate minority Democrats' ability to block President Bush's judicial choices with just 41 votes in the 100-member Senate.
"You have a shirttail full of nominees, and you're going to wreck Senate tradition," Byrd said.
Annoyed, Frist pointed out that Byrd had promised to support holding confirmation votes.
"Didn't you also say as the other part of that statement to the president of the United States, being critical of the potential legacy I might have to leave in order to stand up for fairness and principle, didn't you also say you would give all of these nominees up-or-down votes?" asked Frist, who is expected to leave the Senate in 2006.
"I don't remember what I said," Byrd replied, "a few or all or three or four, I don't remember."
Bush has repeatedly called for yes-or-no votes requiring a simple majority of 51 on his choices to fill appeals court vacancies instead of making them first garner 60 votes.
Frist has been looking for two years at doing away with the 60-vote requirement to cut off debate in what members of both parties call "the nuclear option." Democrats have promised to retaliate by thwarting Bush's legislative agenda.
"Don't travel that path because the leader of his party may some day be executed on the same gallows," Byrd said.
Republicans have argued that the Constitution requires confirmation votes, though Frist conceded Thursday there's no language in the document that specifies that.
"But when you have a nominee that comes over, all you can do is shine the light, you examine him, unlimited debate," Frist said. "And then to give advice and consent — which is in that Constitution — how do you do it? Vote yes, no. Confirm, reject."
Byrd noted that the Senate has rejected dozens of nominees over the years by simply never voting on them. "Now to give consent, we may vote. But to deny consent doesn't require a vote," he said.
The West Virginia senator kept talking, but Frist eventually walked out of the chamber, leaving Byrd surprised. "Where's my adversary?" he asked.
The tense debate may be only a precursor of the battle next week, when Frist is expected to turn to the first of the White House's blocked nominees.
Democrats blocked 10 of Bush's first-term nominees through filibuster threats and have threatened to do the same to seven of them Bush renominated after winning re-election in November.
Frist has threatened to disallow future filibusters and force a confirmation vote on former Alabama Attorney General William Pryor, Idaho lawyer William Myers, Texas judge Priscilla Owen, California judge Janice Rogers Brown and other nominees Democrats oppose.
Senate Democratic leader Harry Reid of Nevada has been offering Frist deals on less controversial nominees to try to avoid the showdown.
Reid on Thursday promised that Democrats would not block confirmation votes on Michigan nominees Richard Griffin, David McKeague and Susan Neilson to the 6th U.S. Circuit Court of Appeals if Frist didn't force a showdown. He made the same offer on former Senate lawyer Thomas Griffith, who wants a seat on the U.S. Circuit Court of Appeals for the District of Columbia.
"Do you want to confirm judges or do you want to provoke a fight?" Reid said.
Democrats have blocked the Michigan nominees' approval because of the objections of Sens. Carl Levin and Debbie Stabenow of Michigan, who were upset because President Clinton's nominees to that court were never given a confirmation hearing by the Republican-controlled Senate.
Levin and Stabenow said they hoped that withdrawing their objection to most of Bush's Michigan nominees would help resolve the filibuster impasse.
Reid also said Democrats would likely filibuster a fourth Michigan nominee, Henry Saad. "All you need to do is have a member go upstairs and look at his confidential report from the FBI and I think you would all agree that there's a problem there," Reid told the Senate.
Reid did not say what was in the report, and he was criticized by conservatives for mentioning it. "With his unsubstantiated charges, Senator Reid unfairly and irresponsibly defames Judge Saad," said Jeffrey Mazzella, president of the Center For Individual Freedom.
The Judiciary Committee sent Pryor's nomination to the full Senate on Thursday, on a 10-8 vote, with all Republicans supporting and all Democrats opposing him.
Pryor, the former Alabama attorney general, holds a temporary seat on the 11th Circuit Court of Appeals in Atlanta because Bush last year circumvented the Senate and placed him on the court while lawmakers were out of town. That term expires at the end of the year.
___
On the Net:
Senate Judiciary Committee: http://judiciary.senate.gov
This article makes Byrd sound more coherant than he actually was.
I almost barfed when he invoked the Bible. Bottom line, they want to protect abortion. Disgusting.
Boy, you could really tell the difference from the way he was before Frist "outed" him and his promise to Bush and after, couldn't you...
I bet the only ones to show the best part, when Byrd is looking for everyone is Brit Hume's show---and they played it in the funny joke section at the very end of the show...
I loved his telling of how he and his wife went under the water in 1946 at the missionary baptist church in WV. He wrapped it up by addressing the evangelicals: HEAR ME NOW! HEAR ME NOW. Priceless.
I know you were on the thread this afternoon---
Did you watch it when it was going on? Did you see the part when every one left him?
You know, if he was a grandpa, great-grandpa, his story telling would BE priceless--
BUT, he does this on the Senate floor...and when he is even getting Barack Obama going to West Virginia to campaign for the NEXT election...sheesh, someone needs to show him the replay of this session today...
Byrd is an endangered species of the South. His days in the Senate are numbered. I may despise his views on the issues, but I always am entertained by this guy.
>>I know you were on the thread this afternoon---
Did you watch it when it was going on? Did you see the part when every one left him?<<
no...
I'm embarrassed to admit this but after flipping back and forth between the three CSPAN feeds I flipped a little too far and wound up on a best of 60's videos show and never came back. I'm ashamed.
The Senate Majority leader should simply send the president a message saying that in the absence of a negative vote it is his opinion that the nominee is confirmed.
Well, I was raised in the South and I was taught not speak ill of gray-haired men like Sen. Byrd. And he ain't doin' that much harm any more. The really despicable critters in the Senate are guys like Dick Durbin and Chuckie Schumer. Byrd is a prince compared to those creeps.
Have you noticed how he tries to alliterate and rhyme sometimes....I think he would be happy writing and teaching poetry somewhere...
I am sure there is some college in West Virginia that you and I have helped pay for, with his name on it, that he could teach a class at....
LOL--thats okay--I think a lot of us were about to blow fuses this afternoon, watching two c-span channels, listening to Rush--posting here...
ROFLMAO---maybe it was HIS tractor a few years ago that parked outside the White House (?) in protest!!!
You are right--- I am not being very nice to Mr. Byrd---I guess I am just fed up to HERE with the dems lately, and Mr. Byrd just put himself out there today....
BTW, I just turned over to the Tribute dinner they had for Tom Delay tonight...
It reminded me that I saw a story on Fox tonight that Chris Bell, the rep. that lost his seat last year because of the redistricting in Texas....AND is the guy that has accused Delay of a lot of the ethics charges...Is running as the dem candidate for Governor of TEXAS!
So, we have him, Kinky Friedman, Kay Bailey Hutchison and Perry....what a line-up, huh?
Gosh, that would make ME go loopy!
Everytime I venture over to DUland, I wonder if I am living in the same universe as those people!!
Is help on the waaaaaayyyyyy? Nooooooooooo!
Gosh, not remembering must be an infliction brought on by just being a Democrat politician.
Senator Byrd sounds just like most of the Clinton family and cabinet when Clinton was President.....
"Does he think we are all stupid?"
Y E S !!! In fact he's counting on it.
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