Posted on 08/02/2006 10:24:57 AM PDT by SwinneySwitch
WASHINGTON- Sen. Kay Bailey Hutchison, trying to preserve a hard-fought compromise on the Wright Amendment, wants U.S. Attorney General Alberto Gonzales to back off any review of the agreement that would eventually repeal restrictions at Dallas Love Field.
Hutchison sent a terse letter to Gonzales on Tuesday asking him to recuse the department from any input on a bill she sponsored. The bill contains the agreement forged by Dallas and Fort Worth officials, American Airlines, Southwest Airlines and Dallas Fort Worth International Airport.
Her letter was triggered by a Justice Department staff memo circulated on Capitol Hill last week that said certain restrictions in the agreement "would be hard-core, per se violations" of federal antitrust laws, which protect marketplace competition.
"Allowing the Justice Department to review this matter would be equivalent to sending one to trial after the court had announced the verdict," Hutchison, R-Texas, said in the letter.
The department did not have a comment Tuesday.
The Wright Amendment, named for its author, former House Speaker Jim Wright, restricts long-haul flights from Love Field to eight nearby states. Love is the home to discount carrier Southwest Airlines, which has long sought repeal of the law. Rival American has fought to keep it in place.
The agreement reached by local officials would repeal the 1979 Wright Amendment in eight years and reduce gates at Love Field from 32 to 20. Other airlines have objected to the gate reduction, saying it limits their ability to establish service at Love Field.
Much of Hutchison's outrage in her letter focused on the leak of the memo. She said it was faulty and inaccurate. She questioned why she and other members of the Senate Conference Committee did not get a copy.
"I think what the Justice Department did in leaking a memo that was anonymous that was not professional and not legalistic and not correct on its facts ... I think it's something that disqualifies them from any further action on this bill," Hutchison said.
The Justice Department said last week it does not have a position on the agreement, but also said it was discussing with Congress ways to maximize competition. The agency is responsible for enforcing antitrust laws.
Hutchison said the agreement should be reviewed instead by the Department of Transportation, which she said has jurisdiction over issues of aviation law and policy, including airport use limitations.
Sen. Patrick Leahy, ranking Democrat on the Senate Judiciary Committee, had previously raised concerns about antitrust violations when the agreement was added to the transpiration spending bill.
"I just want to make sure that were not making a blanket exemption of antitrust laws on an appropriations bill when nobody's had any chance to even look into what the ramifications might be for a whole lot of other industries," Leahy said.
The department memo sent last week said the agreement seeks blanket immunity from antitrust laws.
Leahy was unaware of Hutchison's request, but said: "I don't take my orders from the Justice Department anyway."
Also Tuesday, Hutchison and Sen. John Cornyn, R-Texas, met with Sen. Arlen Specter, Judiciary Committee chairman, about the Wright Amendment agreement, hoping to persuade him to allow the agreement to move forward. Specter's committee could slow the bill with hearings.
"Sen. Hutchison and Sen. Cornyn are interested in getting a bill moved forward. I'm concerned about exemption from the antitrust laws, which, while not unprecedented, is unusual," he said.
Antitrust concerns also were previously raised by Sen. John D. Rockefeller, D-W.Va., but he said he is "at peace" with the agreement now after Hutchison's staff removed things from the bill he objected to most.
He said Hutchison agreed to eliminate provisions that would have limited Federal Aviation Administration and Department of Transportation authority. Also he worked out an agreement prohibiting the parties from using airport improvement program money or revenue from passenger fees on tickets to pay for demolishing gates. Other types of revenue could be used.
In the House, Judiciary Committee Chairman James Sensenbrenner, R-Wis., also has questioned the agreement's effect on competition.
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The Senate bill is S.3661
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Yeah, I know. SWA used that as a lever to get Laura Miller et al off their collective butts and DO something about the Wright Amendment.
"Fix this or we leave and take all our jobs and money with us."
Interesting.
You said "5AM to 7PM" and now you want to change the times when I called you on it?
That wasn't me. Look AGAIN.
OK, but it was still what I responded to.
nhoward14 said 5AM-7PM, not me.
I said "Want to meet up with me between 8-11am or 4-6pm and prove that? :-P"
Since when?
DFW Airport has offered over 20 gates to Southwest in terminal E, the old Delta terminal. The airfares are not high because of DAL's restrictions, they are high because WN has choosen not to fly out of DFW for reasons that do not hold up scrutiny.
Dallas does not earn a "profit" from the operation of DAL. In fact the had to subsidize it's operations in 2004 and 2005 to the tune of $20 million. This is the reason they had to up the landing fee from 25 cents to 55 cents per ton. This caused an outcry from WN which relys on monopolys and subsidized operations at DAL for their profit margin.
Speed limit, and I do it amost every day. S DFW to 183 on down to Mockingbird.
AA posted $233 million in profit last quarter, hardly a "failed business".
Your post makes no sense without posting the dates you are traveling for each trip.
And the cumulated loss over the last 5 years is? AA has cut jobs, service, flights and planes just staying one step ahead of the bankruptcy court. I stand by my statement that the flying public is being forced to support a failed business plan and a failing company.
A few years ago I flew SWA from Amarillo to Birmingham, Al. When I got to Houston I had to pick up my luggage and recheck all of it due to the Wright Bill. This is the most ridiculous bill ever.
????? Whatever!
Depart DFW Oct. 10, Depart BUD Oct. 27
Thank heavens SOMEbody in Washington has a couple brain cells!
It's a cinch Kay Bailey doesn't!
I've always wondered whether it was stupidity or arrogance.
Got to be one or the other - or both!
Memo to our second-brightest Senator:
YOU're not a court!
Hmmm?
You DO know that her proposed legislation protects DFW and AA from competition by extending the Wright Amendment for 8 more years, don't you???
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