Washington, D.C.
What happened to the Senate’s “60-vote requirement”?
The Democrats' refusal to filibuster Mukasey's confirmation, despite having more than 40 votes in opposition, speaks volumes about their sincerity.
Every time Congressional Democrats failed this year to stop the Bush administration (i.e., every time they “tried”), the excuse they gave was that they “need 60 votes in the Senate” in order to get anything done. Each time Senate Republicans blocked Democratic legislation, the media helpfully explained not that Republicans were obstructing via filibuster, but rather that, in the Senate, there is a general “60-vote requirement” for everything.
How, then, can this be explained?
The Senate confirmed Michael B. Mukasey as attorney general Thursday night, approving him despite Democratic criticism that he had failed to take an unequivocal stance against the torture of terrorism detainees.The 53-to-40 vote made Mr. Mukasey, a former federal judge, the third person to head the Justice Department during the tenure of President Bush . . . Thirty-nine Democrats and one independent [Bernie Sanders] opposed him.
Beyond that, four Senate Democrats running for President missed the vote, and all four had announced they oppose Mukasey’s confirmation. Thus, at least 44 Senators claimed to oppose Mukasey’s confirmation — more than enough to prevent it via filibuster. So why didn’t they filibuster, the way Senate Republicans have on virtually every measure this year which they wanted to defeat?
Numerous Senate Democrats delivered dramatic speeches from the floor as to why Mukasey’s confirmation would be so devastating to the country. The Washington Post said the “vote came after more than four hours of impassioned floor debate.”
“Torture should not be what America stands for . . . I do not vote to allow torture,” said Judiciary Committee Chairman Pat Leahy. Russ Feingold said: “we need an attorney general who will tell the president that he cannot ignore the laws passed by Congress. And on that fundamental qualification for this office Judge Mukasey falls short.” Feingold added: “If Judge Mukasey won’t say the simple truth — that this barbaric practice is torture — how can we count on him to stand up to the White House on other issues?”
Wow — it sounds as though there was really a lot at stake in this vote. So why would 44 Democratic Senators make a flamboyant showing of opposing confirmation without actually doing what they could to prevent it? Is it that a filibuster was not possible because a large number of these Democratic Senators were willing to symbolically oppose confirmation so they could say they did — by casting meaningless votes in opposition knowing that confirmation was guaranteed — but were unwilling to demonstrate the sincerity of their claimed beliefs by acting on them?
The Post said the vote “reflected an effort by Democrats to register their displeasure with Bush administration policies on torture and the boundaries of presidential power.” Apparently, they wanted to oh-so-meaningfully “register their displeasure” but not actually stop confirmation.
[The most amazing quote was from chief Mukasey supporter Chuck Schumer, who, before voting for him, said that Mukasey is "wrong on torture -- dead wrong." Marvel at that phrase: "wrong on torture." Six years ago, there wasn't even any such thing as being "wrong on torture," because "torture" wasn't something we debated. It would have been incoherent to have heard: "Well, he's dead wrong on torture, but . . . "
Now, "torture" is not only something we openly debate, but it's something we do. And the fact that someone is on the wrong side of the "torture debate" doesn't prevent them from becoming the Attorney General of the United States. It's just one issue, like any other issue -- the capital gains tax, employer mandates for health care, the water bill -- and just because someone is "dead wrong" on one little issue (torture) hardly disqualifies them from High Beltway Office.]
Over and over again this year, Republican filibusters were depicted (both by Senate Democrats and the media) as nothing more the routine need to obtain the “60 votes required” for passage of any measure in the Senate. That “requirement” was said to apply to everything, including immigration (“The Senate voted 52-44 for the DREAM Act, but 60 votes were required to end debate“); Iraq withdrawal timetables (“Support is expected to top 50 votes but fall short of the 60 required“); troop leave requirements (“Webb’s Iraq bill inches closer to 60 . . . . Winning at least three of those Republicans over could give the Democrats the 60 votes they need“); and warrantless surveillance (“Democratic-sponsored bill failed to reach the 60-vote majority“).
As Steve Benen recently documented (emphasis in original):
The Republican minority has created a de facto 60-vote minimum to do anything of substance in the Senate. They’ll allow routine up-or-down votes on renaming post offices, or those rare bills that enjoy near-unanimous support, but otherwise, it’s filibuster time on the Senate floor. And while the number of filibusters has been going up pretty consistently for 20 years, these Republicans appear to be in a league of their own.
Benen quoted John McCain as explaining: “You can’t say that all we’re going to do around here in the United States Senate is have us govern by 51 votes — otherwise we might as well be unicameral, because then we would have the Senate and the House exactly the same.”
But it isn’t true that there is a “60-vote requirement,” because only Republicans are willing to impose it. Democrats won’t, even on what they claim are the gravest of matters, such as confirming someone as Attorney General who is “dead wrong on torture” and who won’t even “tell the president that he cannot ignore the laws passed by Congress.”
The so-called “60-vote requirement” applies only when it is time to do something to limit the Bush administration. It is merely the excuse Senate Democrats use to explain away their chronic failure/unwillingness to limit the President, and it is what the media uses to depict the GOP filibuster as something normal and benign. There obviously is no “60-vote requirement” when it comes to having the Senate comply with the President’s demands, as the 53-vote confirmation of Michael Mukasey amply demonstrates. But as Mukasey is sworn in as the highest law enforcement officer in America, the Democrats want you to know that they most certainly did stand firm and “registered their displeasure.”
Follow Glenn Greenwald on Twitter: @ggreenwald. More Glenn Greenwald.
D.C. firm inks lucrative public-relations contract with Bahrain
As the Gulf monarchy cracks down on an international aid group, it hires Qorvis for $40,000-per-month P.R. job
A Shiite Bahraini woman gestures as others shout anti-government slogans outside a public forum Saturday, July 23, 2011, outside a religious community center in Sanabis, Bahrain, denouncing the alleged destruction and vandalizing of Shiite mosques, community centers and cemeteries during a government crackdown on a largely Shiite spring uprising. Clerics who spoke during the meeting, blamed Saudi Arabia for targeting religious sites, because they allegedly distrust their own Shia minority and sent forces to help quell the Bahrain uprising. (AP Photo/Hasan Jamali)(Credit: AP) Bahrain is in the news again, this time for what appears to be the comically evil persecution of the humanitarian group Doctors Without Borders.
So, naturally, the ruling monarchy of the Gulf nation has hired a top Washington public relations firm to burnish (or attempt to salvage) its image, according to a new foreign agent registration filing. Qorvis Communications will be paid $40,000 per month, plus expenses, for the public relations work, according to a contract submitted to the U.S. Department of Justice.
Continue Reading CloseJustin Elliott is a reporter for ProPublica. You can follow him on Twitter @ElliottJustin More Justin Elliott.
Poll: Public sides with Obama on deficit
The potentially catastrophic effects of a default are finally sinking in with Americans
In this July 14, 2011, file photo, President Barack Obama sits with House Speaker John Boehner of Ohio, House Minority Leader Nancy Pelosi of California, House Majority Leader Eric Cantor of Virginia, as he meets with Republican and Democratic leaders regarding the debt ceiling in the Cabinet Room of the White House in Washington, Thursday, July 14, 2011. Obama's decision to haul lawmakers in day by day to negotiate a debt deal comes down to reality: He has no other choice. The president has essentially cleared his agenda to deal with one enormous crisis. (AP Photo/Charles Dharapak)(Credit: AP) Most Americans want to see a compromise on the debt ceiling, according to a new NBC/Wall Street Journal poll.
62 percent of self-identified Democrats said they would want Democratic leaders in the House and Senate to make compromises to gain consensus on the current budget debate, while only 43 percent of Republicans want to see their party leaders concede some of their positions. However, around 70 percent of independent respondents said they wanted to see both parties compromise.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Lobbyists are overtaking Congress
Since the GOP takeover, the number of lobbyists in congressional staff positions has more than doubled
(Updated below)
A new report from the Center for Responsive Politics (CRP) looks at the pervasiveness of former lobbyists now working in congressional staff positions. The number of former lobbyists in Congress has more than doubled between the last Congress and the current one, with a significant partisan skew. In the current 112th Congress, 79 former lobbyists work for Republicans while 48 for Democrats; during the Democratic-led 111th Congress (which ran from 2009-2010), 33 worked for Democrats, while 27 worked for Republicans.
Continue Reading CloseNatasha Lennard covers the Occupy movement for Salon. A British-born, Brooklyn-based journalist, she has been covering Occupy Wall Street since before the first sleeping bag was unrolled in Zuccotti Park. One of the first journalists arrested at an Occupy action, she has managed to enrage Andrew Breitbart, Rush Limbaugh and Glenn Beck. You can follow her on Twitter (@natashalennard), and email her any Occupy updates/videos/ideas to natasha.lennard@gmail.com More Natasha Lennard.
Shariah law instituted steps from the White House!
Predicting an overblown right-wing outrage
Do I spot crescents in this CityCenterDC promotional brochure? There is a giant real estate development happening in downtown Washington, D.C., near the White House, on the site of the old convention center. Boring news for non-D.C. residents. But I’m willing to bet that the CityCenterDC complex — office space, retail, condos, your standard massive downtown “revitalization” project — will soon be very interesting to a lot of people who don’t live in the area. Not because anyone cares about urban land-use issues, but because of one of the project’s investors: Muslims.
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Alex Pareene writes about politics for Salon and is the author of "The Rude Guide to Mitt." Email him at apareene@salon.com and follow him on Twitter @pareene More Alex Pareene.
What line between civilian and military authority?
An increasingly powerful Pentagon is taking over the culture of Washington
U.S. President Barack Obama meets with troops at Bagram Air Base, December 3, 2010. I have a fairy tale for you. Once upon a time, a representative democracy was established with a constitution that distilled the wisdom of the ages. Its foundational principles included civilian control of the military and a system of checks and balances that encouraged vigorous public debate as a basis for effective policy-making.
In this fabled land, the role of civilian leaders was, in part, to serve as a check on military ambition and endless wars. They were to prove cautious, too, in committing their citizen-soldiers to battle, and when they did, they would issue Congressional declarations of war so that everyone could grasp the nature of the national emergency at hand and the necessity of military action. In waging war, they would rely on shared sacrifice and even raise taxes. When necessary, it was their job to rein in or even remove military leaders who acted like Caesar (read: General Douglas MacArthur) rather than Cincinnatus (read: General George Washington).
Continue Reading CloseWilliam J. Astore is a retired lieutenant colonel. He has taught cadets at the U.S. Air Force Academy, officers at the Naval Postgraduate School, and currently teaches at the Pennsylvania College of Technology. He is the author of "Hindenburg: Icon of German Militarism," among other books. He may be reached at wastore@pct.edu. More William Astore.
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