Frist & McCain to Address John Bolton Nomination Tuesday Morning

[wnes]

Something seems to be breaking on the Bolton battle. The White House may be yielding on evidence requests and communicating this through John McCain. Or they may be announcing that they think they have enough votes on cloture?
...

[basso]

Originally Posted by wnes Something seems to be breaking on the Bolton battle. The White House may be yielding on evidence requests and communicating this through John McCain. Or they may be announcing that they think they have enough votes on cloture? ...

a filibuster by any other name...

http://www.cnn.com/2005/POLITICS/06/...ion/index.html

--
Frist, McCain call for vote on Bolton


WASHINGTON (CNN) -- Senate Majority Leader Bill Frist of Tennessee and fellow Republican Sen. John McCain of Arizona joined forces Tuesday to portray Democrats as obstructionists to the nomination of John Bolton as U.S. ambassador to the United Nations, pressing the urgency of filling the post with the president's pick.

"Now we're at a point where the filibuster against Bolton -- and yes, I'll call it a filibuster until we get an up-or-down vote -- is continuing," Frist said.

The Democrats' actions, he said, "demonstrate that the other side is unreasonably and irresponsibly filibustering this nomination."

Sens. Joseph Biden of Delaware, the ranking Democrat on the Senate Foreign Relations committee, and Christopher Dodd, D-Connecticut, have demanded the Bush administration produce 10 National Security Agency communication intercepts that Bolton, the State Department's undersecretary for arms control, had requested since 2001. (Related story)

The documents contain the names of government officials whose communications were secretly reported. Biden has said they could reveal whether Bolton attempted "to badger or ... to change the views of intelligence officers."

Another set of documents sought by Biden and Dodd concern Syria and may or may not support testimony Bolton once gave before a Senate committee.

The Bush administration says it has no plans to turn over the documents, citing executive privilege, and calls the request nothing more than a stall tactic.

Sen. Pat Roberts, R-Kansas, chairman of the Senate Intelligence Committee, said the documents showed no problems.

"At the request of my colleagues," Roberts said, "I have directed staff to examine Undersecretary Bolton's use of intelligence and after careful review, the Senate Intelligence Committee continues to find no evidence of abuse. I am prepared to assist in any reasonable effort to examine the facts, but an examination of upwards of 40 names appears to be an effort to preserve the issue, not to resolve it."

The Democrats have listed 40 "names of concern," saying they want assurance that Bolton did not misuse his access to classified material to seek information about them.

Last week, Senate Minority Leader Harry Reid of Nevada said that without the documents, the Democrats would not allow a vote.

Frist, however, said he believes all the questions have been adequately answered and the Democrats are "irresponsibly filibustering."

"It's been 200 days that this vacancy sign above our U.N. ambassador's door in New York has been blinking," he said. "It is now the time to end that."

McCain said negotiations are under way with Biden and Dodd but agreed with Frist that the position must be filled.

"I think it is very important that the United States is represented at the United Nations," he said. "I believe that John Bolton has proven his credentials. I also believe the president should be allowed to appoint his own team in a position as important as U.N. ambassador."

Both Republicans said they hoped to see a cloture vote ending debate on the nomination later this week, but neither addressed the possibility of Democrats sticking to Reid's "no documents-no vote" pledge.

Just a few weeks ago, the Senate was embroiled in a similar stalemate over President Bush's nominations to the federal appeals courts, and Frist threatened to use the so-called "nuclear option" -- altering the Senate rules, with the aid Vice President Dick Cheney, the Senate's president, if necessary -- to force a floor vote. (Related story)

Fourteen senators -- seven Democrats and seven Republicans -- inked a deal at the last minute to avoid Frist's threat. The Democrats agreed to cast their votes for cloture for some of the nominees in return for the Republicans' promise not to support the "nuclear option."

Last month -- just days after the compromise on the judicial nominees -- the Senate fell four votes shy of the requisite 60 to end debate on Bolton. (Related story)

Bolton's nomination passed out of the Senate Foreign Relations without a recommendation -- an unusual occurrence -- after Republican Sen. George Voinovich of Ohio said he had serious questions about the nomination that would prevent him from voting it out of committee with a positive recommendation.

Voinovich gave an impassioned plea against the nomination last week on the floor of the Senate, urging his colleagues to vote against Bolton and saying that if the votes were cast in secret, Bolton would not be confirmed.

Frist and McCain, however, say they have the votes to confirm Bolton's nomination.

Democrats also have charged that Bolton doesn't have the necessary diplomatic skills for the job, having often bullied or intimidated his staff until they agreed with his viewpoint on issues. One of Bolton's former colleagues testified in early April that Bolton was "a quintessential kiss-up, kick-down sort of guy."

Bolton is also on record dismissing the value of the United Nations.

[wnes]

Originally Posted by basso a filibuster by any other name... http://www.cnn.com/2005/POLITICS/06/...ion/index.html

I hope Bolton, after witnessing all these and the saga of Michael Jackson trial, if approved by the Senate, emerges as a changed man - with the country, not just his cronies, in his mind.

[FranchiseBlade]

I sure hope they send the documents relevant to this nomination so that the senate can examine the evidence and decide the Bolton's worth. The administration should want the job to be filled. Just send the documents and lets get on with the vote.

[mc mark]

Will Jr. install his yes man during the 4th of July recess?

Bush Faces Decision on Bolton Nomination

WASHINGTON - President Bush faces a politically thorny situation — and stark choices — now that Senate Democrats twice have blocked John Bolton's confirmation as U.N. ambassador.

The president could withdraw the nomination, authorize further concessions to Democrats over access to information they seek or bypass lawmakers altogether by appointing the former State Department official to the job temporarily without the Senate's OK.

But any of those options could leave the president appearing weak as he confronts sagging poll numbers and fights to stave off a lame-duck label just six months into his final term.

At a White House news conference Monday, the president left open the possibility of circumventing the Senate when he sidestepped a question on whether he would appoint Bolton to the ambassador's post when Congress leaves Washington for a July 4 recess.

"It's time for the Senate to give him an up-or-down vote. Now," the president said.

http://news.yahoo.com/s/ap/20050621/.../un_ambassador

[FranchiseBlade]

I don't think the whitehouse will ever send the documents over in order to give Bolton an up or down vote.

It looks like he will just get a recess appointment.

[RocketMan Tex]

Junior will use a recess appointment to get Bolton in there, and then the shizz will hit the fan at warp speed. What an arrogant ass.

[pirc1]

Where did Bush come up with these people he appoints to the various posts? How hard is it to find slightly less controversial appointees? Guess that is what makes him Bush I guess.

[wnes]

When was the last time a president (excluding the current) used recess appointment? Is this practice generally more of a GOP or Dem, or "bipartisan"? IMO, this is a ridiculous loophole we should close for good.

[GladiatoRowdy]

Originally Posted by wnes When was the last time a president (excluding the current) used recess appointment? Is this practice generally more of a GOP or Dem, or "bipartisan"? IMO, this is a ridiculous loophole we should close for good.

Didn't Bush make some recess appointments (judicial IIRC) during his first term?

[mc mark]

Originally Posted by andymoon Didn't Bush make some recess appointments (judicial IIRC) during his first term?

Why yes...yes he did...

Bush bypasses Congress with 11 recess appointments

(04-22) 15:47 PDT WASHINGTON (AP) --

President Bush bypassed Congress on Tuesday and installed 11 people whose nominations had languished for as long as 16 months.

All the so-called recess appointments were to little-known boards. By signing the appointments during the congressional recess, Bush bypassed the Senate confirmation process. Such appointments are valid until the next Congress takes office, in this case in January 2005.

The appointments are:

* Peter Eide of Maryland to be general counsel of the Federal Labor Relations Authority. Bush nominated Eide on June 28, 2002, and again on Jan. 9, 2003.

* R. Bruce Matthews of New Mexico to be a member of the Defense Nuclear Facilities Safety Board. Bush nominated Matthews on May 8, 2002, and again on Jan. 9, 2003.

* Naomi Churchill Earp of Virginia to be a member of the Equal Employment Opportunity Commission, as vice chairman. Bush nominated Earp on Nov. 27, 2001, and again on Jan. 9, 2003.

* Neil McPhie of Virginia to be a member of the Merit Systems Protection Board. Bush nominated McPhie on July 9, 2002, and again on Jan. 9, 2003.

* William A. Schambra of Virginia to be a member of the board of directors of the Corporation for National and Community Service. Bush nominated Schambra on June 13, 2002, and again on Jan. 9, 2003.

* Donna N. Williams of Texas to be a member of the board of directors of the Corporation for National and Community Service. Bush nominated Williams on June 13, 2002, and again on Jan. 9, 2003.

* April H. Foley of New York to be a member of the board of directors of the Export-Import Bank of the United States. Bush nominated Foley on April 10, 2003.

* Stanley C. Suboleski of Virginia to be a member of the Federal Mine Health and Safety Review Commission. Bush nominated Suboleski on March 22, 2002, and again on Jan. 9, 2003.

* Lillian R. BeVier of Virginia to be a member of the board of directors of the Legal Services Corp. Bush nominated BeVier on April 9, 2002, and again on Jan. 9, 2003.

* Thomas A. Fuentes of California to be a member of the board of directors of the Legal Services Corp. Bush nominated Fuentes on April 9, 2002, and again on Jan. 9, 2003.

* James C. Miller III of Virginia to be governor of the Board of Governors of the U.S. Postal Service. Bush nominated Miller on July 26, 2002, and again on Jan. 9, 2003.

http://www.sfgate.com/cgi-bin/articl...803EDT0684.DTL

and again...

Bush Bypasses Senate, Makes Recess Appointments
AP ^ | 8/1/04
Posted on 08/02/2004 5:53:22 AM PDT by truthandlife


President Bush on Friday announced his intention to make 20 appointments during the congressional recess, including a new chairman of the Federal Trade Commission, a manufacturing czar and three ambassadors.

For FTC chairman, Mr. Bush intends to appoint Deborah Majoras of Virginia to replace Timothy J. Muris, who is stepping down. Mrs. Majoras, a former Justice Department deputy assistant attorney general, was one of the lead lawyers in the government's antitrust lawsuit against Microsoft Corp.

Mrs. Majoras' nomination has been blocked in the Senate by Sen. Ron Wyden, Oregon Democrat, who said there was no evidence she would change FTC policies that he says benefit oil companies and hurt consumers. By making the appointment during the congressional recess, Mr. Bush avoids the need for Senate confirmation.

Mr. Wyden said he hoped "that this undemocratic process for naming a new chair won't result in consumers being hammered with high gas prices again and again." Jon Leibowitz of Maryland will be appointed to another seat on the five-member FTC. Mrs. Majoras and Mr. Leibowitz, like the other recess appointees, will serve until the end of 2005.

Mr. Bush also plans to nominate Albert Frink Jr. of California as assistant secretary of commerce for manufacturing and services. Mr. Bush's first pick for the manufacturing post, Nebraska business executive Tony Raimondo, was criticized for cutting U.S. jobs and shifting work to China.

The president also announced the following nominations: • Paul Jones of Colorado to be a member of the Internal Revenue Service Oversight Board.

• Jonathan Dudas of Virginia to be undersecretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office.

• Enrique Sosa of Florida to be a member of the Amtrak reform board.

• Richard Wagner of Florida to be a member of the National Institute for Literacy Advisory Board.

• Stephen Johnson of Maryland to be deputy administrator of the Environmental Protection Agency.

• Carin Barth of Texas to be chief financial officer of the Housing and Urban Development Department.

• Gary Lee Visscher of Maryland to be a member of the Chemical Safety and Hazard Investigation Board.

• Ricardo Hinojosa of Texas to be chairman of the United States Sentencing Commission.

• Susan Johnson Grant of Virginia to be chief financial officer at the Energy Department.

• James Kunder of Virginia to be assistant administrator of the U.S. Agency for International Development in the bureau for Asia and the Near East.

• John Rood of Florida to be ambassador to the Bahamas. • Charles Graves Untermeyer of Texas to be ambassador to Qatar.

• Aldona Wos of North Carolina to be ambassador to Estonia.

• Scott Kevin Walker of Wisconsin to be a member of the advisory board of the St. Lawrence Seaway Development Corp.

• Roger Wallace and Jack Vaughn of Texas and Nadine Hogan of Florida to be members of the board of directors of the Inter-American Foundation.


http://www.freerepublic.com/focus/f-news/1183314/posts

there's more...

Bush bypasses Senate, appoints conservatives Reich to State, Scalia to Labor
SANDRA SOBIERAJ, Associated Press Writer

(01-11) 14:50 PST WASHINGTON (AP) --

Circumventing Senate opposition, President Bush signed recess appointments Friday for conservatives Otto Reich as the chief U.S. diplomat in Latin America and Eugene Scalia as the top lawyer for the Labor Department.

The White House gave Congress formal notification of the long-discussed appointments and then announced the president's decision without comment.

Because Bush exercised his authority while Congress was in recess, Reich, a Cuban-American, and Scalia, son of Supreme Court Justice Antonin Scalia, will be allowed to serve until Congress recesses again at the end of the year.

Conservatives applauded Bush for bypassing the Senate.

http://www.sfgate.com/cgi-bin/articl...318EST0609.DTL

Seems he likes this method of circumventing the senate.

[wnes]

Originally Posted by wnes When was the last time a president (excluding the current) used recess appointment? Is this practice generally more of a GOP or Dem, or "bipartisan"? IMO, this is a ridiculous loophole we should close for good.

mc mark and andymoon, sorry for my poorly constructed post. I should have asked, not counting Bush Jr., when was the last time ...

[mc mark]

Originally Posted by wnes mc mark and andymoon, sorry for my poorly constructed post. I should have asked, not counting Bush Jr., when was the last time ...

wnes didn't find much and I'm being lazy. But I did find this that deals only with Federal judicial appointments.


I.THE HISTORY OF JUDICIAL RECESS APPOINTMENTS

The President’s authority to install judges under the Recess Appointments Clause is well established as a matter of historical practice. In fact, Presidents have made more than 300 recess appointments to the federal judiciary.

Presidents have used their Recess Appointments power to appoint federal judges since the beginning of the Nation’s history. During recesses of the First Congress, President Washington made three recess appointments to the federal district court. There was no apparent objection by any member of his Cabinet or the Senate, which subsequently confirmed all three for lifetime positions on the bench. President Washington also made two recess appointments to the Supreme Court. Although one of them—Chief Justice John Rutledge—was later denied confirmation for a permanent post, it was not due to objections to the earlier recess appointment.2 The first five Presidents made a total of twenty-nine recess appointments of judges.

Fifteen justices of the Supreme Court—including two Chief Justices—were first appointed by recess appointment. Other than Rutledge, all were subsequently confirmed by the Senate for lifetime positions. Recess appointees to the Supreme Court include Chief Justice Earl Warren and Justices Potter Stewart and William Brennan.

The practice of installing judges by recess appointment has fallen into disuse in recent years, however. Until the 1960s, every single President had used the Recess Appointments power to install judges except for two: William Henry Harrison, who died within a month of taking office, and John Tyler, who succeeded to the office upon Harrison’s death. Since the 1969 inauguration of Richard Nixon, there have been only two recess-appointed federal judges—U.S. District Judge Walter M. Heen, installed by President Jimmy Carter and never confirmed by the Senate, and Judge Roger Gregory, recess-appointed to the Fourth Circuit by President Clinton and subsequently confirmed by the Senate to that same court during the Bush Administration.

An overwhelming percentage of recess-appointed judges—approximately eighty five percent by one count—have been subsequently confirmed for lifetime appointments by the Senate.3 President Kennedy, one of the most prolific users of the recess appointment power, enjoyed the best record, with all twenty-five of his recess appointees subsequently being confirmed. President Eisenhower made twenty-seven recess appointments and lost only one subsequent confirmation. President Truman, the record holder with thirty-nine recess appointments, secured confirmation for thirty-three appointees. President Coolidge won confirmation for twenty-two of twenty-five recess appointed judges, and President Theodore Roosevelt secured Senate approval of twenty six of thirty.

Recess appointments have been used for the express purpose of increasing minority and female representation on the federal bench. As the Clinton Administration explained in announcing the December 27, 2000, recess appointment of Roger Gregory to the Fourth Circuit:

http://fairjudiciary.com/cfj_contents/press/recessappointments.pdf#search='history%20of%20recess%20appoi ntments'

[wnes]

Thanks for the info, mark. So it appears that recess appointments were rare in the more recent history (again, excluding the current one) - indictative of "harmonies" between the White House and the Senator.

[flamingmoe]

Pat Roberts (R-KS), chairman of the Senate Intelligence Committee:

[a bolton recess appointment] would weaken not only Mr. Bolton but also the United States" http://www.washingtonpost.com/wp-dyn...000402_pf.html