Posted on 05/14/2005 7:02:43 AM PDT by yoe
The sniping over President Bush's judicial nominees is reaching critical mass, with the Senate expected to vote soon on the so-called nuclear option -- a Senate rule change that would end Democrat filibusters of judicial nominees.
Senate Minority Leader Harry Reid prompted outrage from Republicans on Thursday, when he criticized one of those stalled judicial nominees on the Senate floor.
"Henry Saad would have been filibustered anyway," Reid said. "He's one of those nominees. All you need to do is have a member go upstairs and look at his confidential report from the F.B.I., and I think we would all agree there is a problem there."
Reid didn't elaborate, but Republicans erupted.
"It is unclear whether non-Judiciary Committee Senators are even allowed to read a nominee's FBI files, which are highly confidential, but they sure as heck should not be talking about it on TV from the Senate floor," said Sean Rushton, the executive director of the Committee for Justice, a group that is lobbying for an up-or-down vote on President Bush's seven stalled nominees.
"Can you think of a better way to trash someone's reputation -- say that there is bad stuff from an FBI investigation in a file somewhere and leave that hanging? This is character assassination of the lowest order and completely improper," Rushton said.
Judge Saad, who now sits on the Michigan Court of Appeals, has been nominated to serve on the U.S. Court of Appeals for the 6th Circuit (in Cincinnati).
In his speech on the Senate floor Thursday, Sen. Reid criticized Saad, but he also offered to stop the Democrat filibuster of three other nominees from Michigan -- if Senate Republicans don't invoke the nuclear option.
No way, Republicans indicated: Senate Majority Leader Frist on Thursday continued to insist on an up-or-down vote for all of President Bush's nominees.
'Unmitigated gall'
The Center for Individual Freedom, a free market advocacy group, called Reid's criticism of Saad irresponsible and unconscionable: "This marks a new low in the obstructionists' campaign to smear nominees to the federal bench, and signals the Democrats' utter desperation," said CFIF President Jeffrey Mazzella.
"Senator Reid has the unmitigated gall to imply that something in Judge Saad's F.B.I. file raises suspicion. Of course, Senator Reid offers no specifics, and everything we know about Judge Saad contradicts Senator Reid's unsubstantiated attack."
The Center for Individual Freedom notes that Judge Saad was first nominated to the federal bench in 1992; nominated again in 2001; and re-nominated in 2003 and 2005. He has been vetted repeatedly, but his nomination has never come up for a yes-or-no vote in the full Senate.
"By attacking Judge Saad through implication and innuendo, Senator Reid leads listeners to conclude the worst," Mazzella said. "With his unsubstantiated charges, Senator Reid unfairly and irresponsibly defames Judge Saad."
CFIF said Americans should expect better behavior from the Senate minority leader. "And Senator Reid should know better than to stand on the floor of the U.S. Senate and slander a nominee to the federal bench just to score political points."
CFIF said it would like to know how Sen. Reid gained access to Judge Saad's FBI file in the first place.
Judge Saad's supporters praise his integrity, intellect, thoughtfulness and fair-mindedness.
But the liberal opponents, such as People for the American Way, said Saad's record "raises troubling questions in the areas of workers' rights [sexual harassment cases] and consumer rights, and also reflects a willingness to engage in judicial activism, for which his colleagues have appropriately criticized him."
Democrat Sens. Carl Levin and Debbie Stabenow of Michigan have opposed the nominations of the four Michigan judges, partly because Republicans blocked President Clinton's nominees to the 6th Circuit Court of Appeals (including the wife of Levin's cousin).
The Senate doesn't change its rules lightly, but filibusters have never been applied to judicial nominations until President Bush took office, and that's created the current quandary.
Many Republicans say it is unconstitutional to require a 60-vote test for judges (60 votes are needed to end a filibuster), rather than the simple majority (51 votes) that the Constitution requires for confirmation.
Filibusters are for legislative issues - not for judicial nominations - the Democrats are just plain in the wrong here and abusing the US Constitution…led by Reid and the MSM they have about convinced the country that filibusters have always and historically been used for judicial nominations. WRONG!
"Henry Saad would have been filibustered anyway," Reid said. "He's one of those nominees. All you need to do is have a member go upstairs and look at his confidential report from the F.B.I., and I think we would all agree there is a problem there."
Reid should face charges for that alone.
Saad should sue Reid for slander.
Since this info is supposed to be confidential, can't the judge sue him? Surely this is slander and li/or libel?
This makes me wonder. Have DemocRATS been upstairs to see what's in George Voinovich's and John McCain's FBI records?
The only reason the democrats repeatedly pull this kind of stuff is because the know they can. Republicans while make a lot of noise and let it slide.
while = will
As another fFReeper said "I hate it when my typos make words".
Reid should be forced to reveal when he read Saad's FBI file.
Actually, as I understand it, filibusters have been used for nominees before, just not necessarily in such a massive amount.
In the re-release of Orwell's 1984, Reid's mug should be digitally inserted on big brother's body.
Trajan88
Wrong!
Based upon your plural "nominees".
Only once, Abe Fortis.
It was based upon his legal problems, for which he resigned his post.
He did NOT have majority support.
The opposition was NOT ideologically based!
As such, this is NOT as "REASON" to justify today's action.
"I wonder what the Democraps have seen in Trajan88's file? "
Two parking tickets and you beat up little Billy Scraggs in 4th grade. Oh and the anti PETA rally in 76 you attended with a known carnivore.
Other than that, you are ok.
The Demorats are quoting a lot of numbers that are wrong. All they are doing is slowing up the process, hoping for it to stop completely. Americans are watching...and will remember. Daschel got hosed...and these donothings without any agenda or extra ideas at all will get their walking papers also...all but Boxer who just got reelected. America wants Congress to settle down, and get on with it.
Harry Reid has rapidly devolved into nothing more than a low-class punk. I'm honestly surprised at how quickly it occurred.
Never in the history of the US Senate, for judges.
Agree. Reid should step down.
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