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A New Move on Estrada ('Tain't over yet!)
National Review Online ^ | 2/28/2003 | Byron York

Posted on 02/28/2003 8:19:40 AM PST by ArcLight

Edited on 02/28/2003 10:00:33 AM PST by Admin Moderator. [history]

In perhaps its most forceful effort yet to break the stalemate over the appeals-court nomination of Miguel Estrada, the White House has now invited every member of the Senate who has doubts about Estrada's legal views to submit written questions to Estrada by the close of business Friday. In a letter delivered Thursday to all 100 senators, White House Counsel Alberto Gonzales said Estrada will respond by next Tuesday.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Breaking News; Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: bush; byronyork; democrats; estrada; estradafilibuster; gop; senate
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The fight goes on.
1 posted on 02/28/2003 8:19:54 AM PST by ArcLight
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To: ArcLight
The Democrats don't have questions for Estrada. They know he's a strict constructionist. That's why they won't confirm him.
2 posted on 02/28/2003 8:21:08 AM PST by Thane_Banquo
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To: Thane_Banquo
Actually I don't think the Dems know anything for sure about Estrada... other than he's a Republican and Hispanic and because Bush nominated him they can't vote for him...
3 posted on 02/28/2003 8:22:11 AM PST by sabe@q.com
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To: Thane_Banquo
The Democrats don't have questions for Estrada. They know he's a strict constructionist. That's why they won't confirm him.

And that's exactly what this gambit will illustate...that the Dem objections are bullsquat.

4 posted on 02/28/2003 8:23:37 AM PST by ez ("Stable and free nations do not breed ... ideologies of murder. "- GWB)
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To: ArcLight
It looks to me that the pubs are going to cave... if they do I'm throwing in the towel. Bunch of lazy old men. Finally when we get a real issue that that shows the dems for what they are, we are going to say "pass". I don't understand why they don't grind everything to a halt and shine a big light on this issue, and the obstruction of the democratic machine.

damn it.
5 posted on 02/28/2003 8:27:19 AM PST by mike_9958
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To: ez
First and only Democrat question: What is your opinion on Roe v. Wade? This is what it is all about. This is the litmus test for everything else.

Incredulous - the Democratic party's test question for a political assignment is whether you are OK with killing the preborn!
6 posted on 02/28/2003 8:29:12 AM PST by RushingWater
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To: ArcLight
The longer this goes on the worse it is for the demos. I hope the Pubbies see the benefits of this good fight. If they cave in it will be so wussie......sickeningly.

There is an 'undercurrent' here that exposes the weakness in the leaders of both parties. This is a good fight. He is worth fighting for and stalling out all other business. Thats the problem with the Rep. party today. NO guts. A good old-fashing filibuster will put 'zing' back. The demos are not strong enough........and the Pubbies are pampering them. IMHO

7 posted on 02/28/2003 8:30:38 AM PST by Jackie222
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To: mike_9958
That's exactly what we are saying. If they cave on this we are gonna be really angry. Something's going on...why can't they have the courage to stand up and see this thing through to the end. We're tired of them backing down. What the hell is the matter with these people anyway? Must be something we don't know about.
8 posted on 02/28/2003 8:31:10 AM PST by cubreporter
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To: ez
And that's exactly what this gambit will illustate...that the Dem objections are bullsquat

And, yet if the Republicans don't get out there & tell Mr & Mrs John Q Public about it (which the RATS know they won't) what does it matter WHAT the RATS do, or how they act? And, again they will have gotten away with unexcusable behavior.

9 posted on 02/28/2003 8:31:36 AM PST by Puppage (You may disagree with what I have to say, but I will defend to your death my right to say it.)
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To: ArcLight

A New Move on Estrada
The White House challenges Democrats to put up or shut up.

n perhaps its most forceful effort yet to break the stalemate over the appeals-court nomination of Miguel Estrada, the White House has now invited every member of the Senate who has doubts about Estrada's legal views to submit written questions to Estrada by the close of business Friday. In a letter delivered Thursday to all 100 senators, White House Counsel Alberto Gonzales said Estrada will respond by next Tuesday"He would answer the questions forthrightly, appropriately, and in a manner consistent with the traditional practice and obligations of judicial nominees, as he has before," Gonzales wrote.

Gonzales also renewed a White House offer to set up personal meetings between Estrada and any senator who wants to have a one-on-one talk. "We continue to believe that such meetings could be very useful to senators who wish to learn more about Mr. Estrada's record and character," Gonzales wrote.

Finally, Gonzales asked that Democrats with questions about Estrada's work "immediately ask in writing for the views of the Solicitors General, United States Attorney, and judges for whom Mr. Estrada worked and ask them to respond by Tuesday, March 4." Gonzales specifically named appeals-court judge Amalya Kearse, Supreme Court Justice Anthony Kennedy, former United States Attorney Otto Obermaier, and former Solicitors General Ken Starr, Drew Days, Walter Dellinger, and Seth Waxman.

The last three names — Days, Dellinger, and Waxman — are particularly significant. All were high-ranking appointees of President Clinton, and their inclusion on the list suggests that the White House is confident they will not voice any objections to Estrada.

In addition, all three have seen at least some, if not all, of the internal memos Estrada wrote while working in the Solicitor General's office. In recent weeks, Democrats have argued that the memos might reveal some heretofore unknown aspect of Estrada's legal views, and thus must be made public before Estrada is confirmed. The White House has refused, calling the documents "highly privileged" — a position endorsed by all seven living former Solicitors General.

In his letter, Gonzales wrote that the former officials "could provide their views on Mr. Estrada's background and suitability to be a circuit judge by March 4 without sacrificing the integrity of the decisionmaking processes of the Judiciary, United States Attorney's office, and Solicitor General's office."

"We believe that these sources of information, which have been available for some time, would readily accommodate the desire for additional information expressed by some Senators who have thus far supported the filibuster of a vote on this nominee," Gonzales concluded. "We ask that you encourage Senators who have objected to the scheduling of a vote to avail themselves of these sources of information."

The letter is the White House's clearest move yet to call the bluff of Democrats who have been demanding more information on Estrada before they will allow a vote on his nomination. In the letter, the administration is saying to Democrats: You want more information, you can ask for more information.

What is not stated, however, is that the letter will give the White House a powerful argument against any Democrats who oppose Estrada and do not ask for more information. You said you wanted more information, the administration will be able to argue, and yet when we offered it you didn't even bother to ask.

Meanwhile, the Democratic filibuster goes on. Sources say the Republican leadership has still made no decision on whether or when to call for a vote to cut off debate and force an up-or-down vote on the nomination. At the moment, Republicans, who have all 51 of their own votes plus four Democrats, would fall five votes short of the 60 needed to cut off debate. But Republicans believe they are making progress and that the filibuster is beginning to take a political toll on moderate Democrats who are so far supporting the filibuster. Thus, the talking will continue. "We are on this next week," one Republican says. "We're committed to it."

10 posted on 02/28/2003 8:32:04 AM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: mike_9958
It looks to me that the pubs are going to cave...

How on earth do you arrive at that??!

You couldn't be more wrong.

You may have missed President Bush's remarks the other day (Wednesday, I believe). They were detailed and STRONG.

Yesterday Sen. Frist said they would not back down on this------ever.

11 posted on 02/28/2003 8:32:53 AM PST by cyncooper (God Be With President Bush)
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To: cubreporter
why can't they have the courage to stand up and see this thing through to the end.

Why have you concluded they will not see it through to the end?

You are wrong. They intend to and they will.

12 posted on 02/28/2003 8:34:49 AM PST by cyncooper (God Be With President Bush)
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To: cyncooper; All
is today a day off and what ever happened to thw 24/7 and weekends that was promised by Frist?

its all a constitution issue my friends and the rats are trying to take all power from the President.
13 posted on 02/28/2003 8:35:43 AM PST by TLBSHOW (God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
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To: cubreporter
I doubt sonething is going on we don't know about.... this is way too simple. I think they are bunch of wussies. (to use another person term)

If this goes down then they all will go down.

14 posted on 02/28/2003 8:35:59 AM PST by mike_9958
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To: ArcLight
Mr. Bush, calling their bluff.
15 posted on 02/28/2003 8:37:14 AM PST by mabelkitty (Let's be pro-active - Start an "Impeach Hillary" campaign before she announces her candidacy)
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To: VRWC_minion
...one Republican says. "We're committed to it."

Frist said on camera yesterday that they will not give this up, no matter what.

16 posted on 02/28/2003 8:38:11 AM PST by cyncooper (God Be With President Bush)
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To: TLBSHOW
thw = the
17 posted on 02/28/2003 8:38:43 AM PST by TLBSHOW (God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
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To: mike_9958; cubreporter
What the heck gives you any indication at all that the Republicans are giving up on this fight? I dare you to telephone Hatch, Frist, or Bush's office and discuss it with them. I've not heard or seen a single thing from them in public or in private that they are going to give the demodogs a pass on this one. Where is your info from?
18 posted on 02/28/2003 8:39:05 AM PST by AFPhys
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To: cyncooper
Got the idea off this story on Fox's website.

http://www.foxnews.com/story/0,2933,79845,00.html



19 posted on 02/28/2003 8:39:16 AM PST by mike_9958
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To: VRWC_minion
It looks to me like a plan is in effect and we are seeing the building blocks being put into place. In the senate the committee has moved three more candidates to the floor that will obviously be blocked by the rats.

In addition, Hatch has shown what could happen if the rats keep pressing the rules in ways that haven't been used before to block the judges. He has shown that there are other rules which can be pressed against them and that the R's are willing to do so. Frist has shown that he is willing to stay on floor till2 am and call forced roll calls to drag senators to the floor at all hours of the night.

Other R's have been on talk shows rallying the conservatives to man the phones. The grass roots are being mobilized. One can also imagine what types of pressure are being brought to R's that can be swayed by local pressure ion hispanics as well as threats about legislation.

It seems apparent that the R's are slowly turning up the heat step by step instead of using the "scorched earth" kind of politics that many freepers want to see and that has failed so often in the past.

20 posted on 02/28/2003 8:40:47 AM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: Puppage
The trouble is that Mr. & Mrs. John Q. Public are more concerned about Iraq, terrorism and the economy. The Republicans are playing this exactly right, if you ask me. When they take that vote and the Dems vote no they are on the record. When they match up those no votes with the complete failure of those individuals to request available information, the Dems will be revealed for what they are. Some of you think courage would be to go 24/7, right now I think calling those moderate Dems bluff is pretty astute.
21 posted on 02/28/2003 8:40:54 AM PST by Dolphy
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To: Puppage
The trouble is that Mr. & Mrs. John Q. Public are more concerned about Iraq, terrorism and the economy. The Republicans are playing this exactly right, if you ask me. When they take that vote and the Dems vote no they are on the record. When they match up those no votes with the complete failure of those individuals to request available information, the Dems will be revealed for what they are. Some of you think courage would be to go 24/7, right now I think calling those moderate Dems bluff is pretty astute.
22 posted on 02/28/2003 8:42:16 AM PST by Dolphy
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To: mike_9958
I think there are many in the GOP who believe that it sets a bad precedent to have a cloture vote on a judicial nomination...it in effect amends the Constitution, as George Will points out in his column today in the WP...they want to try and pressure the Dems, corrall the needed votes..and I still maintain it's working....you've only seen a few Dems babbling on the floor..I think the GOP has a few more committments lined up.....we may be closer....
23 posted on 02/28/2003 8:42:43 AM PST by ken5050
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To: RushingWater
"Incredulous - the Democratic party's test question for a political assignment is whether you are OK with killing the preborn!"

Very likely. Another thing that has come to light is that the court that Estrada is beeing nominated for is the one that sits in judgement on members of congress in their actions. The democRATs can't stand having a judge there that holds them to the Constitution!

They are shaking in their boots over that prospect and they don't dare come right out and say so. They are caught in a precarious spot and are grasping at any straw that will trash the nomination.

24 posted on 02/28/2003 8:42:47 AM PST by nightdriver
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To: RushingWater
"Incredulous - the Democratic party's test question for a political assignment is whether you are OK with killing the preborn!"

Very likely. Another thing that has come to light is that the court that Estrada is beeing nominated for is the one that sits in judgement on members of congress in their actions. The democRATs can't stand having a judge there that holds them to the Constitution!

They are shaking in their boots over that prospect and they don't dare come right out and say so. They are caught in a precarious spot and are grasping at any straw that will trash the nomination.

25 posted on 02/28/2003 8:44:46 AM PST by nightdriver
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To: cyncooper
I got the perception from reading the following article on Fox's website.... take a look:

http://www.foxnews.com/story/0,2933,79845,00.html

26 posted on 02/28/2003 8:45:06 AM PST by mike_9958
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To: mike_9958
Frist was on Hannity yesterday... they aren't caving.
27 posted on 02/28/2003 8:45:34 AM PST by carton253
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To: cyncooper
Dat old debbil STRATEGERY done struck again!!

This is great! Once again, the dems jammed into a box of Bush's design. Don't mess with TexisDyslexis!

28 posted on 02/28/2003 8:45:48 AM PST by cookcounty
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To: mabelkitty
Mr. Bush, calling their bluff.

Right on.

29 posted on 02/28/2003 8:45:56 AM PST by cyncooper (God Be With President Bush)
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To: mike_9958
What would you do ? Attack now by forcing a fillibuster and surely lose or attempt to gather enough votes to block the fillibuster while still maintaining the option to go 24/7 ?

If it were me, I would take the course they are using now and when I was certain that nothing else could change the situation, (no amout of public pressure, no amount of back room deals, no amount of threats for current legislation and pork, no amount of special favors to senators and their friends, no amount of pressure from a popular president who has just won a war with Iraq, ) I would then end the battle with forcing the fillibuster and taking a cloture vote. Then I would resurect the entire matter in time for the next elections.

30 posted on 02/28/2003 8:46:24 AM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: All
PLEASE EVERYONE CONTACT THE RNC and tell them NOT TO CAVE AGAIN!!! Unless you want Hillary Clinton becoming the president one day you will do your part. This is just the beginning if the RATS win this one.


http://www.rnc.org/contact/contact.htm

Phone Numbers:
Phone: 202.863.8500
Fax: 202.863.8820

info@rnc.org

I am NOT giving up on this one! STOP THEM NOW!!!
31 posted on 02/28/2003 8:47:35 AM PST by kcvl
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To: cyncooper
Dat old debbil STRATEGERY done struck again!!

This is great! Once again, the dems jammed into a box of Bush's design. Don't mess with TexisDyslexis!

32 posted on 02/28/2003 8:48:04 AM PST by cookcounty
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To: ArcLight
We can do all the screaming we want about the fillibuster being anti-constitutional but that horse ain't going nowhere.

This is a political question and the only way to win is on the politcal battle field. Frist should keep them there 24/7 so that the issue moves into the minds of as many Americans as possible.

At that point there will either be enough pressure to force the dims to vote or their won't be. The only way to win is to play tough and play politics.

33 posted on 02/28/2003 8:48:53 AM PST by jwalsh07
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To: TLBSHOW
its all a constitution issue my friends and the rats are trying to take all power from the President.

You assert that as if President Bush and Sen. Frist don't know that. They do and they are NOT backing down. Their strategy is not your strategy, but be assured they aim for the result we all want.

34 posted on 02/28/2003 8:49:02 AM PST by cyncooper (God Be With President Bush)
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To: TLBSHOW
Today is a day for strategy... did you read the article?
35 posted on 02/28/2003 8:50:47 AM PST by sabe@q.com
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To: ArcLight
I say recess appointment,and when the dems howl point out how they refused to allow the man a vote on the senate floor.
36 posted on 02/28/2003 8:51:11 AM PST by linn37 (work my fingers to the bone and what do I get?)
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To: mike_9958
Got the idea off this story on Fox's website.

Good. Re-read the story. Then be of good cheer.

37 posted on 02/28/2003 8:52:07 AM PST by cyncooper (God Be With President Bush)
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To: ArcLight
The RATS know if they confirm him now, and in short order he's nominated for the SCOTUS, it'll be impossible to stop him.
38 posted on 02/28/2003 8:54:17 AM PST by HumanaeVitae
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To: mike_9958
I don't understand

Apparently.

39 posted on 02/28/2003 8:55:07 AM PST by hobbes1
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To: RushingWater
You are right. The next litmus test is "Are you now or have you ever been a practicing Catholic?"
40 posted on 02/28/2003 8:56:58 AM PST by Natural Law
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To: Jackie222
Paul Harvey just did a segment on Leahy and how he stated in 98 that all nominees have a right to a vote on the Senate floor.

Also mentioned that he said no nominee should be filibustered. Paul said shame on Senator Leahy.

And that is the rest of the story.

41 posted on 02/28/2003 8:57:11 AM PST by mware
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To: Howlin
Over Here
42 posted on 02/28/2003 8:57:27 AM PST by jdontom (BacktheBadge)
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To: cyncooper
I'm with you. I think this is a ploy by the White House to show the people just how shallow and stupid democrats are! Go pubbies, go! Show 'em.
43 posted on 02/28/2003 8:57:47 AM PST by Marysecretary
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To: jwalsh07
The only way to win is to play tough and play politics.

Timing is everything. The timing needs to be after Iraq war is won.

44 posted on 02/28/2003 9:08:14 AM PST by VRWC_minion ( Opinions posted on Free Republic are those of the individual posters and most are right)
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To: mike_9958
Here my two cents. I think this is a brilliant move on Bush's part. I read eariler today that three more Bush Appointees have moved though to a senate vote. So one of two things will happen. Either there will be this huge logjam of appointees that the Dems will not vote on. They will view and unveiled as OBSTRUCTIONISTS. second they try to ram the two or three of these new appointees through before Estrada to prevent themselves for looking like obstructionists. Then they will be view as anti-hispanic. Opps there goes the minority vote.


45 posted on 02/28/2003 9:12:04 AM PST by amexmike (from lurker to hooked on FRonics!)
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To: Natural Law
Actually it already is.....It just takes the Pro life format.
46 posted on 02/28/2003 9:13:41 AM PST by hobbes1
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To: cyncooper
It's really a brilliant move and VERY similar to Bush's handling of other situations with the Democrats.

It is like he maneuvers them into a corridor where they willingly go...and he sits and waits and waits..and finally slams off the entrance to the corridor leaving the only way out thru the door he wanted them to go thru in the first place.

Yep...he's WUSS. Those who so quickly underestimate this man...and gnash their teeth and wail at the moon about how he has once again sold out (insert issue), have had two years to observe.......HE DOES WHAT HE SAYS HE'S GOING TO DO. But that apparently buys no trust.

IMO, many of the 'wusses' reside here, not in the White House.
47 posted on 02/28/2003 9:14:55 AM PST by justshe (FREE MIGUEL !)
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To: marajade
Rush is talking about this and he does not understand the President and Rush is frosted about this whole thing. Says it is all about the constitution.
48 posted on 02/28/2003 9:15:08 AM PST by TLBSHOW (God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
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To: mike_9958
"Manna, manna, manna, all we have is manna. We are so tired of manna. Why were we led into the wilderness just to die?"
49 posted on 02/28/2003 9:16:11 AM PST by Diddle E. Squat
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To: jdontom
Rush may invent a new label for the commie left liberals, says he has never seen this in his over 40 years of life.
50 posted on 02/28/2003 9:16:17 AM PST by TLBSHOW (God Speed as Angels trending upward dare to fly Tribute to the Risk Takers)
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