Text of Filibuster Deal

Received via e-mail | Monday, May 23, 2005 | Rats and Rinos

[kristinn]

MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS

 

We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. This memorandum confirms an understanding among the signatories, based upon mutual trust and confidence, related to pending and future judicial nominations in the 109th Congress.

 

This memorandum is in two parts. Part I relates to the currently pending judicial nominees; Part II relates to subsequent individual nominations to be made by the President and to be acted upon by the Senate’s Judiciary Committee.

 

We have agreed to the following:

 

Part I:  Commitments on Pending Judicial Nominations

 

A.        Votes for Certain Nominees. We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).

 

B.        Status of Other Nominees. Signatories make no commitment to vote for or against cloture on the following judicial nominees: William Myers (9th Circuit) and Henry Saad (6th Circuit).

 

Part II:  Commitments for Future Nominations

 

A.        Future Nominations. Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

 

B.        Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

 

We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

 

Such a return to the early practices of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.

 

We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold.

[kristinn]

Read it and weep.

[lormand]

Words written by US Senators.

What is it worth?

[GeoPie]

There WILL be ABSOLUTE HELL FOR THESE SENATORS TO PAY FOR THIS!!!!

[Darkwolf]

Frist folds.

No way he gets my vote, for anything, ever.

[Unam Sanctam]

B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

This is the part I'm concerned about. How long does the 109th Congress last?

[JAWs]

We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).

What I find interesting is the Dems let through the ones sure to generate the most political heat on them (the women and Pryor).

[Buckeye Battle Cry]

We've been had by gutless punks.

I'm embarassed to be from Ohio in light of the activities of the idiot Senators DeWhine and Voinovich.

[JAWs]

How long does the 109th Congress last?

Until the next elections. 2006.

[Still Thinking]

Words written by US Senators. What is it worth?

The problem I see is that "extraordinary circumstances" are left to the lefties discretion, and no matter who they block, their compliance with the agreement is not measurable, while that of the Republicans is. Might be OK the other way around, since the Pubbies seem to be so concerned with acting like gentlemen, but this way it's a recipe for disaster, IMHO.

[GeoPie]

TILL THE NEXT ELECTION 2006. Basically the Dems can filibuster if thy feel it is extraordinary circumstances but we forfeit the bird option till elections of 2006.

[kristinn]

January 3, 2007, IIRC.

[ArmyBratproud]

Looks like Linsey Graham was very helpfull to McCain in stabbing the rest of the republicans in the back.

[putupjob]

They can shove it. I won't contribute any more money to the RNC and I won't be voting in 2006. The repsters suck. It is difficult to believe that this is what they have done with the power we have given them.

[Still Thinking]

Each "Congress" is the two year term of reps, so the 110th will begin when they're seated following the November 2006 elections.

[etcb]

It doesn't appear that Frist folded, but rather he had the rug pulled from under him.

[Trueblackman]

Excuse me guy and girls, but this is a deal worked out by a group of Senators and not the leadership, so before you jump on Frist you need to read what is going on. The Majority Leader does not have to accept this.

[kristinn]

The way Reid was gushing on the floor a few minutes ago, he thinks he got the best of the deal.

[goldstategop]

The Democrats caved. They knew they would have lost a constitutional option vote and so they needed a way to save face. They could resume the filibuster in the future but for all practical matters, their threat's an empty one. Three of President Bush's nominees get voted on they'll be confirmed. Chalk it up any way you like, bottom line, if the Democrats thought they had the votes to defeat the constitutional option, there would have been NO deal. It doesn't make me happy but in life you can't get everything you want. The fact seven Democrats didn't agree with Dingy Harry is virtually as illuminating as the fact McCain wouldn't have voted with us. Its over for the obstructionist, do nothing party.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[beckaz]

Frist was never going to get my vote. If there was any minute doubt, it has been removed for ever and for good.

Guy has the backbone of a snail and zero charisma (certainly on on TV).

[af_vet_1981]

Frist folds.

Frist had nothing to do with this betrayal. It is by 7 traitor RINOs who deserve an early retirement.

[Gipper08]

This is Frist's fault.We didn't we ever make them hold the floor?

[jess35]

We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations

Perhaps the senators need to go back and read the Constitution. The President is under no obligation to get the consent of the Senate to send a nominee up for a vote.

[kristinn]

Frist's remarks on the floor just now tell me he's accepted the deal.

[Still Thinking]

TILL THE NEXT ELECTION 2006. Basically the Dems can filibuster if thy feel it is extraordinary circumstances but we forfeit the bird option till elections of 2006.

Nothing (excebt lack of balls) to stop the Pubbies from unilaterally repudiating the agreement if they feel the Dems are acting in such bad faith as to render the agreement invalid. That's what the lefties would do.

[mrsmith]

There are no "extraordinary circumstances" that would justfy a filibuster of Saad or Myers.

So we'll find out tomorrow what this agreement amounts to.

[sourcery]

B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

This is a sellout, pure and simple. The RINO signatories to this agreement should be made to pay dearly for this treason. I suggest that Bush and the RNC announce their intention to actively campaign against the re-election of each and every RINO signatory.

[Gipper08]

Why didn't we make them hold the floor?

[JAWs]

In a sense he did. If the GOP discipline held, it'd be a massive humiliation and all the judges would have gone through. At least he has a PR victory.

[goldstategop]

LOL! If Reid's so happy, why are judicial nominees the Democrats loathe going to be elevated to the federal appeals bench? Again, if the Democrats had the votes to defeat the constitutional option, they wouldn't have made a deal. They lost. Dingy Harry can spin it all he wants but the Democrats just got beaten again by President Bush!

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[JAWs]

In a sense he did. If the GOP discipline held, it'd be a massive humiliation and all the judges would have gone through. At least he has a PR victory.

[madprof98]

I'm assuming the plan is McCain/Graham vs. Hitlery/Obama in 2008.

[jess35]

They may find "extraordinary information" overnight on Owens. Would anyone be surprised?

[ops33]

Two years. It will end with the election in 2006 and the 110th Congress will be seated in January, 2007.

[rollo tomasi]

Just more reasons to "love" the 17th Amendment. Republican led Senate is just a lobbyist country club. At least when the Demos ran it they push there agenda.

I guess we have a bunch of Republican eunuchs in the Senate who just dress in suits to fool people who think they have balls.

[SoCar]

Frist did not do this! What is wrong with you! Blame those that signed this POS. Like my Senator Lindsey McCain Graham

[texasmountainman]

"Nominees should be filibustered only under extraordinary circumstances"

I'm sure the Dems will claim extraordinary circumstances to be defined as the nomination of any "conservative Republican" .

[beckaz]

He is not the Majority Leader if he cant LEAD 51 (GOP) senators.

[blueyon]

I will vote for any conservative who runs against John Warner next time.....even if he's dead!

[kristinn]

Yep. Now they're arguing about who gets to speak on the Senate floor to crow about their deal. Sen. Allard is getting the shaft. He was scheduled to speak now.

[Lyford]

Frist folds.

I don't see it. Running the senate's like herding cats. If those 14 Senators make the agreement that they've made, there's not thing one that Frist (or Reid) can do about it. Reid can try to maintain the filibuster, but without those "moderate" Democrats, the cloture vote will pass. Frist can try to change the rules, but without those "moderate" Republicans, he can't. I don't see this deal involving Frist or Reid at all.

[Still Thinking]

If you take the language of the agreement literally (and what Democrat would do a thing like that?) Owens doesn't fall under the "extraordinary circumstances" clause. She is one of three who explicitly gets a pass. The EC thing is for future nominees and those not named specifically in the agreement.

[Keith in Iowa]

>>>The Majority Leader does not have to accept this.

But he did. And if he had a molecule of testicular fortitude, there would have been no need for this deal. The 'Rats would be actually filibustering, not just threatening to do it and have the 'Pubbies cowering at the threat.

[DakotaRed]

I won't contribute any more money to the RNC and I won't be voting in 2006.

No need to drop out, there are some parties coming along that may be an answer to restoring our constitution. There's the Constitution Party, Independents, a new Veterans party just organizing. If Republicans keep stabbing us in the back, maybe we need to lend support to a third party.

[rollo tomasi]

push there agenda=push their agenda.

Face it, we do not have a conservative Congress even with Rebups in the majority.

[NonValueAdded]

Maybe in their dreams.

[docbnj]

This is a travesty! A phoney nothing of a "deal." It means that the problem has not gone away: a resolution is just postponed.

What a bunch on self-righteous, smug idiots put this together!

While I was driving, I heard Sen. Byrd (D-WVa) on the radio, and he almost made me barf and run off the road. He says that they just saved the Republic. The others were bowing and scrapping to their senior. I guess senility pays.

[goldstategop]

Yes... and the Democrats were desperate to avert a total wipeout. That's why they kept offering deals. If they thought they had the vote in hand, they would kept obstructing a vote on those three Bush judicial candidates. When push came to shove, it was a political calculation on the part of the Democrats to keep their powder dry for the inevitable Supreme Court battles. If the rule went, they'd have none left, would they? Its over for them as far as this phase of the battle goes and it shows as a minority party, they had their backs to the wall.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)

[listenhillary]

90% of DU and 90% of FR are going to switch parties or quit voting. Status quo maintained?

[Moral Hazard]

Republican signatories up for reelection in 2006:

Michael DeWine, Oh
Susan Colling, Me
Lincoln Chafee, RI

I think it's important to make sure that all three of these nominees face serious primary challenges next year. After all, despite his rhetoric you don't see Arlen Specters name on this list anywhere. Republican Senators don't believe there's any negative consequence to selling out their party. It's time they were shown different.

[SERKIT]

I'm assuming the plan is McCain/Graham vs. Hitlery/Obama in 2008.

I think it may be Hillary/McCain for the Dems in 2008.