Posted on 12/26/2007 8:11:08 PM PST by TRY ONE
Dec. 26, 2007, 4:25PM Senate meets for 9 seconds to block Bush appointment
By LAURIE KELLMAN Associated Press
TOOLS Email Get section feed Print Subscribe NOW Comments (40) Recommend WASHINGTON — The House was quiet as a mouse the day after Christmas. But across the Capitol, the Senate was operating in an unusually efficient manner in its ongoing power struggle with President Bush.
A nine-second session gaveled in and out by Sen. Jim Webb, D-Va., prevented Bush from appointing as an assistant attorney general a nominee roundly rejected by majority Democrats. Without the pro forma session, the Senate would be technically adjourned, allowing the president to install officials without Senate confirmation.
The business of blocking Bush's recess appointments was serious. It represents an institutional standoff between Congress and the president that could repeat itself during Congress' vacations for the remainder of Bush's presidency.
In such situations, pro forma sessions also could give Bush some political cover on popular legislation he doesn't want to sign. When Congress is holding pro forma sessions and is not formally adjourned, a bill sent to a president automatically becomes law 10 days after he receives it — excluding Sundays — unless he vetoes it.
That could be the fate of two bills Congress passed last week. One growing out of the Virginia Tech massacre makes it harder for people with mental illness records to buy guns. The other makes it easier for journalists and others to obtain government documents through the Freedom of Information Act. The FOIA bill, for example, would become law on New Year's Eve if not vetoed before then, according to Senate Judiciary Committee officials.
In practice, today's pro forma process was almost comical.
"Good morning!" Webb, sporting a respectful tie and jacket, called to the floor staff assembled just for the occasion in an otherwise sleepy and chilly Capitol. One clerk congratulated Webb on being 30 seconds early, thrice the amount of time it would take to complete the Senate's work for the day.
Climbing to the president's chair, Webb took the gavel and banged it.
"The Senate will come to order," he intoned, reading from a two-line script to a floor empty of other senators but witnessed from the gallery by one reporter and about a half dozen staffers. "Under the previous order, the Senate stands in recess until Friday, December 28th, 2007 at 10 a.m."
His work done, Webb left. The floor staff reported to those in the gallery overhead that the session had lasted nine seconds.
"I didn't appoint myself ambassador to a tropical nation," Webb, a former Navy secretary, novelist and TV documentary maker, quipped afterward.
Before Congress left last week, Democrats scheduled 11 pro forma sessions to fill the void until the Senate returns to regular session on Jan. 22. The purpose was to stop Bush from using the constitutional power presidents hold under the Constitution to bypass Senate confirmation and unilaterally install his nominees in office when Congress is adjourned.
Democrats wanted to block one such recess appointment in particular: Steven Bradbury, acting chief of the Justice Department's Office of Legislative Counsel. Bush nominated Bradbury for the job and asked the Senate to remove the "acting" in his title.
Democrats would have none of it, complaining Bradbury had signed two secret memos in 2005 saying it was OK for the CIA to use harsh interrogation techniques — some call it torture — on terrorism detainees.
Senate Majority Leader Harry Reid, D-Nev., said Bush refused to rule out appointing Bradbury to the job if the Senate formally adjourned. So, Reid decided to keep the Senate in session with pro forma meetings every two or three days.
I must strongly disagree. The "rascals" are not supposed to be in session. These shenanigans mean their are perpetually in session purposely to cause damage - in this case to prevent the President from his Constitutional right to perform recess appointments.
Since VP Cheney is the President of the Senate, why isn’t he the one handling the gavel? Does he need to be invited? This article leaves much to be desired about explaining anything.
Thanks for the rundown on what would be necessary to counter the Dem perpetual session.
My question is whether the funds paying for the travel of each Senator is being covered by the taxpayer at an extra cost. Obviously they are covered to travel to their respective states during a recess but absent an emergency are they allowed to essentially "charge" their travel costs to and from DC to the taxpayer just to gavel in a session for political obstruction of their choice? Or is the cost supposed to covered by the individual Senator from their own salary or pocket?
If the GOP unified and played sneaky hardball they would lose their reputation as castrated, spineless politicians, a name they must really love.
how about somebody asking for a quorum call?
why didn’t our Pub congress block Clinton?....the stupid party is just that....or maybe they are just more devious in their deceit to the voters ....then again, maybe just b*all-less...
I agree. It’s an abuse of power by the Senate.
chickensheets is right...you called it...
One Republican Senator should show up and ask for a quorum call.
I'd do one of two things:
1. Put them on a reverse commission ... they get paid only out of the money they DON'T spend
or
2. have their salaries and office budget come out of the treasury last if and only if there was actual money in the treasury.
This is unconstitutional, not to mention just another use of weasel words. The GOP should have been in that session in full force just to highlight the whole farce. Course the GOP ain't that brave.
Leave it to a child pornographer like Webb.
A quorum of Pubbies need to show up, refuse to adjourn, then vote to recess.
Who is more of a budding creep in the Congress than Webb?
Wimp-bloc types that voted for him should be ashamed.
Unfortunately, Webb could object to any action. In order to overcome the objection, they would have to file a cloture motion. That requires time to pass, and still would fail because they would need 60 votes.
The only thing the republicans could do would be to take over the senate and talk.
Of course, if Webb disappeared for a second, they could do something, but Webb certainly is prepared to stand their long enough for the Maryland senators to come and relieve him, which would be long enough to fly in some other senators.
great explanation...thanks
Why would they do that? Webb carries a *gun* into the Senate building.
Oh, I'm sorry. I mean Webb's staff gets to carry Webb's gun into the Senate building.
Wonder how that's working out for Webb's fall guy?
Pardon my ignorance, but are you saying Webb could object to a quorum call? I thought that any senator could call for a quorum any time they wanted. And that if a quorum cannot be established, that the Senate must be adjourned by pro forma procedure.
Senate meets for 9 seconds to block Bush appointment...
No cajones republicans.....have more than 9 meet for a special session and call for a quarom..if the lib/dems refuse....after a roll call.....seek a ruling by the SCOTUS!!!
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