Miguel Estrada withdraws nomination

FOXNEWS | 9/4/03

[Thane_Banquo]

Per Fox News, Estrada has withdrawn his nomination.

[MamaLucci]

What in the hell could possibly be worth fighting for if not judicial nominations?!!

and old fashioned filabuster is much easier for the demos.

I'm sorry, Dane, but sometimes you have to endure some discomfort to win.
I believe Frist was willing to fight, but he soon found out that the GOP country club set wouldn't risk mussing their hair to filibuster.
They make me sick.

[MEGoody]

"Clearly, Bush was given fully opportunity to exercise his powers to make the appointment during the recess but failed to act."

I wish Bush would do this too - just appoint all his nominees during the recess. After all, he has done this once already. But then I think about what we might be in for down the road, if he sets a precedent of appointing every judge during the recess.

The answer is that Frisk needs to get a backbone. He doesn't have one - and I'm not sure any of the Republicans in the Senate do.

[Dane]

A year and few months is better than nothing at all. Estrada could have then used the time to prove he is worthy. Plus, in 2005, the Senate *could* have a larger GOP majority, in which case, he would be confirmed.</i.

Do you know if Estrada personally wanted a recess appointment. He would have to go through the same thing all over again in 2005.

He probably wanted an up and down vote which he would have won, if the petulant demos didn't muck it up.

[wardaddy]

They won't pay.

[hchutch]

Do you mind telling me how the hell you are going to get CBS, NBC, or ABC to want to cover such a story, much less do so in a favorable light?

I have a pretty damn good idea how those networks would have portrayed it, and who they would have made the heroes. I'll give you a hint: It would NOT be Frist, Hatch, or others.

That's REALITY. We're going to have to adapt and come up with a tactic to win in the new environment the RATS created when they threw out the old rulebook. So, if you have ideas on that, I'd like to hear them. I'm tired of the whining, though.

[rintense]

But don't you think he'd have a better chance for an up and down vote in 2005 then he does now? I'm sorry, but this is a check mark in the 'another wasted opportunity' box for Republicans and the President.

[section9]

You don't win every battle you enter and never will in politics, but you want to win the war at the end which is the election. Making the Senate go into an all out filibuster with Iraq, Afghanistan, terrorist threats, the economy, and anything else you could name on their plate, would not have been smart for the Republicans. Sometimes you take your losses and live to fight another day.

My opinon I know goes against the grain of a lot of folks on here but that is the way I see politics. Confrontational, in your face politics, gains very little and in my belief harms your cause.

Politics is a bit like aikido, if played smartly.

In aikido, one of the techniques used to master the art is that of bending in the face of an opponents' attacks. There is a certain political fact, here.

We do not have sixty-plus Senators. Had we sixty-plus Senators, we would break the back of the filibuster. That John Edwards has decided not to seek reelection in North Carolina may help us reach that goal, but it is a long way off.

Had Bush and Frist gone nuclear by declaring judicial filibusters out of order, the Dems would have brought proceedings in the Senate to a halt. This is in the middle of a war, when Bush will have to go to the Hill to get his supplemental for Iraq obligations. This before Bush has sent up his first SCOTUS nominee.

You don't use your greatest weapons until the decisive moment!

Estrada was not the decisive moment. The Republicans have found a campaign weakness to drumbeat on, however, in the slavish obedience Democratic lawmakers give outfits like People for the American Way. This will be used in the campaign, and it will be used to pry Catholic voters away from devotion to the Democrats. A Supreme Court fight would be the decisive moment, and we must hold our greatest weapons until then.

There is a karmic justice in all this. Democrats fail to understand that this kind of thing, this injustice will come back to bite them in the ass. In all probability, Bush and his people are planning just that.

As in aikido, bend as a reed in the wind now, whip back against your opponent later. But in all cases, allow your opponent to overreach.

Be Seeing You,

Chris

[deport]

I'm sorry, but as much as I hate to say it, I blame President Bush. He had the power to make a recess appointment here, and he didn't do it.

---

You blame without knowing all the facts...... Do you know what Estrada's feelings were on a recess appt? If so please share with us.... Did Estrada want to work for free, no pay? Did Estrada want the recess appt marked with an asterisk next to his name? Was Estrada tired of being the pawn in a political fight?

Lots we don't know an most likely never will......

[blanknoone]

How do you propose that we 'make sure they pay a price for this'? Let the rest of the nominees flounder without a vote? Do more of the same? They are not going to pay a price for this. If the senate and president were willing to make an issue of it...Estrada would have been handling cases a year ago.

[mhking]

The Bush Administration farted around too damn long. Between the wimps on the Hill and the wimps in the White House, they've screwed up any opportunity to do anything effecitve.

I'm beginning to lose faith that this Administration can do anything effectively. If they can't get their acts together, Hillary!™ is going to beat GW next year. And if she does, GW will have brought it on himself.

[hchutch]

That, and not enough of a margin. One GOP Senator is still dealing with heart surgery (McConnell), another lost his wife, and we had 51 Republicans total. We had third-party spoilers really kill us over the past three elections in Nevada (which is why Harry Reid is still in there), Washington state (which gave us Cantwell), and South Dakota (allowing Tim Johnson to sneak in). Plus, we blew the Louisiana runoff because some folks stayed home because their guy didn't win (giving Mary Landrieu a second term).

A bigger majority would have given Frist more options and room to fall back on when a Senator went down with illness or a family emergency. We don't have that room, and that was probably the big reason we got stuck with having to properly time the use of the nuclear option.

I expect Bush to give the order to go nuclear after the appropriations bills are signed. Too late for Estrada, but we might save a few others. And I don't think he will take any excuses from the country clubbers. There will be 51 votes when the nuke is popped in the Senate.

[mhking]

It hardly seems like the GOP controls the White House and Congress does it?

Not one damn bit.

I'm pissed.

[rintense]

Those are all valid questions. But it is still a major let down. For as much as President Bush said he stood by this man, neither he nor the Repubicans threw down the gauntlet. With Lott gone, I thought all the spinelessness would be too. I was wrong.

[ohioWfan]

Maybe neither Estrada nor President Bush wanted the appointment to be temporary.

I tend to think, based on the history of this President, that he has either decided not to die on this hill, or more likely, has something up his sleeve and will use this to further humiliate his opponents.

I tend to agree that this is a Pyrrhic victory for the RATS. In the long run.....especially with an election year coming......this is going to make the them look very bad to the (presently unaware) American public.

[KantianBurke]

Estrada might have put up with GOP limpwristedness till now as he had cause to believe that a 60 seat GOP Senate was a possibility in 04. With the recent avalanche of GOP Senatorial candidates dropping out, he might have decided it was a fool's errand.

[rintense]

Well it makes Republicans look gutless. How many times are the Republicans going to roll over and keep taking it up the arse from the Dems??? Isn't anyone else sick of this? For the love of pete! Republicans have the majority- mandated by the people. Yet, they sit back and act like a bunch of sissy marys. It's sickening, really. The second thing that must happen (after Pubbies grow a collective spine) is the RINOS must go. Period.

[hchutch]

I'd suggest you look at section9's comments in Post 127.

Plus, consider the fact that between the three seats that were lost by third party runs over the past three elections and a blown runoff in `02, we had ZERO margin for health issues or family crises. Slade Gorton would have voted to end the filibusters. Having TWO Republican Senators from Nevada as opposed to the current Reid-Ensign split would have helped. Having Thune in the Senate over Tim Johnson would have helped. Having Susie Terrell in over Mary Landrieu (who flip-flopped on Estrada) would have helped. But too many people (including some Freepers) still pass on this BS about "no difference between the GOP and Dems" and as a result, we deal with crap like this.

But do the third-party types admit they made a mistake? Nooo....

[mhking]

I want to shout -- LOOK AT THE BIG PICTURE!

I am looking at the big picture. And it's one of wimpy Senators who lack the intestinal fortitude to do what needs to be done to take advantage of their majority.

You can bet dollars to donuts that if the tables were turned, Daschle would not have sat around with his thumb up his butt like Frist and company have for the past nine months. He would have forced the hand of the filibustering minority.

And the Administration is complicant in this. They didn't lift a finger to urge Frist along; they didn't use their influence to push the issue; they didn't send Cheney over to drop the bomb. They cajoled, they suggested, they placated, they sat around wringing their hands. Finally, Estrada got tired and said "F--- it. I'm going home. I can get better treatment than this at a myopic Polish laundry."

I'm pissed, and I can't see why you are trying to give them the benefit of the doubt. Bottom line is that they screwed up and need to be called on it. Otherwise, they get complacent and figure they can throw s#it at us and we'll take it. That we're a captive audience.

Well I'm as mad as hell and I'm not gonna take it anymore.

[deport]

I think recess appointments should be used with caution and not used for judicial nominations that are contentious.

---

Recess appointments have been used over some 300 times since the founding of this country but in the earlier days it was more of a necessity as the congress wasn't in session almost year round..... President Reagan, President GHW Bush didn't make judicial recess appointments.... President Clinton made one and that was Gregory in late Dec. 2000 after the congress had adjourned sine die and he was finishing his last days of the Clinton administration.

It's also important to know what Estrada's feelings were on the matter..... Did he want a recess appoint and the notation by his name that he received one? Did he want to work without pay? Was he tired of having his name dragged around in a political process? I'd be interested to know what his true feelings are not what will be disclosed in his letter of withdrawal....

[mhking]

I am pretty much sick and tried of going to bat for his party and getting my teeth kicked in when they knuckle under to Democrats!!!

You and me both. Have you called Frist's office yet?