<em>Fox News</em> Has an Odd Report

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Patterico has a transcript from a May 26 Fox News report by Major Garrett, on “Special Report With Brit Hume." That transcript is also below the fold. I’m kind of skeptical about this Fox News report, which basically says that Frist and Bush urged DeWine and Graham to enter into “The Deal" because Frist and Bush were worried that Specter might not vote for the constitutional/nuclear/Byrd option. I haven’t heard this Fox News report confirmed by anyone else, as of yet. The report also concludes by saying Graham and DeWine have conceded that Democratic filibusters of both Saad and Myers will not trigger the C/N/B option. However, this seems to be at odds with Senator Nelson’s recent statement that any filibuster of Saad would have to overcome the “extraordinary circumstances" hurdle (and is also at odds with a recent NY Times article that reported any filibuster of Myers would have to overcome the same hurdle).

I would really like a little bit of glasnost here. Citizens have a right to know where Senator Specter stands on an important issue like this. Citizens also have a right to know why DeWine and Graham believe that Myers and Saad should not trigger the "nuclear option," if indeed they do believe that. Is it because there are extraordinary circumstances, and if so then what do they think those extraordinary circumstances are? Will the rights of a Senate majority to provide advice and consent be snuffed out without any public explanation?

UPDATE: Also below the fold is a segment from the Rush Limbaugh show, titled "Bush, Frist Did Not Dispatch Graham & DeWine to Make a Deal."


First, here's the transcript from Fox News:

BRIT HUME: More details are now emerging about how that judicial filibuster compromise came about in the Senate and why. FOX News correspondent Major Garrett reports.

(BEGIN VIDEOTAPE)

MAJOR GARRETT, FOX NEWS CORRESPONDENT (voice-over): Senior Republican sources tell FOX Senate Majority Leader Bill Frist and the Bush White House were worried enough about possibly losing the vote to end judicial filibusters that they dispatched two conservatives, South Carolina’s Lindsey Graham and Ohio’s Mike DeWine, to cut the best possible deal.

The principal source of anxiety, Judiciary Committee Chairman Arlen Specter. Top GOP sources say it was unclear until the last minute how Specter would vote on abolishing Democratic judicial filibusters, the so- called constitutional or nuclear option.

A yes vote would have given the GOP 50 votes. And Vice President Cheney would have then broken the tie. Without Specter, Frist and the Republicans would have been one vote short. DeWine said uncertainty was very real.

SEN. MIKE DEWINE (R), OHIO: No one knows how the vote on the constitutional option would have come out. We might have won. We might have lost. If we lost, it would have been devastating for the president, devastating for the president when he tried to get a nominee up here for the Supreme Court.

GARRETT: Specter has forcefully denied reports earlier this week that he supported the nuclear option. He said again today he would not reveal his position one way or the other.

SEN. ARLEN SPECTER (R-PA), CHAIRMAN OF THE JUDICIARY COMMITTEE: I can do a lot better with divergent interests if I maintain as close to a centrist position as possible. And that means keeping quiet.

GARRETT: Both Graham and DeWine entered the negotiations supporting the nuclear option. They joined five Republicans who sources tell FOX opposed it, Arizona’s John McCain, Virginia’s John Warner, Rhode Island’s Lincoln Chafee, and Maine’s Susan Collins and Olympia Snowe.

DEWINE: Everybody knew where we were coming from. And you know, we insisted that this is what the deal had to be.

GARRETT: DeWine said he and Graham pressed for confirmation votes on the president’s three most controversial judicial nominees, Priscilla Owen, Janice Rogers Brown, and William Pryor. They also insisted, he said, the nuclear option remained on the table if Democrats resurrected the filibuster strategy. Conservative activists, nevertheless, have denounced this last-minute compromise, largely based on the assumption Republicans had the votes to prevail.

TONY PERKINS, FAMILY RESEARCH COUNCIL: It appeared, from all indications, the votes were there for the majority leader to employ the constitutional option. These seven helped snatch defeat from the jaws of victory.

GARRETT: DeWine said Frist has to keep his distance from the deal but was aware of its contours. He also said the president wouldn’t have labeled the deal as progress the very next morning if he had felt undercut on judges or other legislative priorities.

DEWINE: It cleared the way for a lot of the president’s agenda, other than judges to move forward. So I think, you know, we got a lot, and we really didn’t lose anything.

(END VIDEOTAPE)

GARRETT: Except, of course, the nominations of William Myers to the Ninth circuit and Henry Saad to the Sixth Circuit. As with Graham, DeWine confirmed to FOX Democratic filibusters of both will not trigger the nuclear option — Brit?

HUME: OK, Major. Thank you.

Okay, here's what Rush Limbaugh has to say about it:


Bush, Frist Did Not Dispatch Graham & DeWine to Make a Deal

May 27, 2005

RUSH: I'm going to mention this because -- and I saw the report that I'm going to talk about. It was on FOX News last night at the top of the show on Brit Hume's 6:00 show on Fox, and I saw it, and I said, "Well, okay. The spin has begun," is my reaction to it. But now I've been getting e-mails today from people who believe it. So I decided to check it out. The top of the program last night, Major Garrett reported. Now, this is not a criticism of Major Garrett. Major Garrett reported that he was told by senior Republican sources that Senators DeWine and Graham were dispatched by Senator Frist and the White House to cut the best possible deal on judges. You understand this? Fox reported that Mike DeWine and Lindsey Graham were sent to that meeting chaired by McCain and Warner, by Frist and the White House, to cut the best possible deal on the judges. Now, if that were true, it would mean that Frist admitted he didn't have the votes. "Get your ass over there, make a deal, Lindsey. Get over there, Senator Graham and Senator DeWine and make a deal." So I said, "Okay." This was the first bit of spin that I had been treated to since this all happened, so I decided to check into it, and to the best of my ability to check in and verify this, it seems that this assertion is false. It seems that it is totally false.

That neither Senator Frist nor the White House had anything to do with this meeting, and that they certainly did not dispatch Senators DeWine or Lindsey Graham over to the McCain meeting to cut the best possible deal on judges. Now, if you wonder: "Okay, well, who is this source, who is this senior Republican source?" Well, to find out who the senior Republican source is, it might be helpful to consult the transcript of the report on Fox last night -- and when you look at the transcript of the report, you see that Senator DeWine is portraying himself as having saved the president from a devastating defeat. Now, that's the opposite of what happened and we all know it. Senator DeWine took a win on the filibuster issue and messed it up, and apparently he's trying to rewrite history in order to deflect the heat. Krauthammer has a column today that echoes what many of us have been saying all week that's right on the money. So here's the relevant portion of the transcript of the report on Fox last night. Senator DeWine: "No one knows how to vote on the constitutional option would have come out. We might have won; we might have lost. If we lost, it would have been devastating for the president, devastating for the president when he tried to get a nominee up here for the Supreme Court. Everybody knew where we were coming from, and you know we insisted that this is what the deal had to be. It cleared the way for a lot of the president's agenda other than the judges to move forward, so I think, you know, we got a lot. We really didn't lose anything."

Yeah, of course you didn't lose anything, except the nominations of William Myers and Henry Saad, and maybe five other judges. It could be that only three of these ten will ever see the light of day. So DeWine is portraying himself as having saved the president from a devastating defeat here in the midst of a report that senior a Republican source says that Senators DeWine and Graham were dispatched by Senator Frist and the White House to cut the best possible deal. Now, there's other spin going on as well about all of this, but none of it is this. I mean, every version of spin is its own self-contained individual story with no relationship to any other story or no other link. What does this mean? It means that the signatories to the deal know that they messed up, and they're running for the tall grass now, and they're trying to make the blame shift from themselves to elsewhere, all the way from Frist knew he didn't have the votes and told the White House and the White House told us to get over there and make a deal, all the way to... Basically, at the root of it, I think all the spin is basically about how we were saving the president. We were doing what we could to save this because it was going to do down in a humiliating defeat, ta-da, ta-da, ta-da, ta-da, ta-da -- and of course what's wrong with this spin, aside from the fact that it's spin -- and what's caused the spin to take place is the Bolton business.
"Did you see what Lindsey Graham said about the Bolton filibuster? 'Well, this is what's disappointing. The spirit of the deal was that we can do better if we all try.' I don't need to say anymore, folks."

….
RUSH: All right. We have a montage of DeWine, Senator Mike DeWine on the Fox report that I was talking about at the beginning of the show last night. Let me set this up. This is a show on Fox, Brit Hume show top of the hour last night at 6. It's a Major Garrett report that he was told by senior Republican sources that Senators DeWine and Lindsey Graham were dispatched by Senator Frist and the White House to cut the best deal possible on judges, and I said, "Well now, if that's true, that's one of the biggest news breaks and stories in the world," and I dug deep today, and I have assured myself that this is so far from the truth that it doesn't even deserve speculation. So in that case, okay, well, who's the source? Who are the senior Republican sources for this? And we've put together a montage of Senator DeWine in the Major Garrett story yesterday and this is it.

DeWINE: No one knows how the vote on the constitutional option would have come out. We might have won. We might have lost. If we lost, it would have been devastating for the president. Devastating for the president when he tried to get a nominee up here for the Supreme Court. Everybody knew where we were coming from, and, you know, we insisted that this is what the deal had to be. It cleared the way for a lot of the president's agenda other than judges to move forward, so I think we got a lot, and we really didn't lose anything.

RUSH: Now, aside from the substance of this, you hear in this bite that DeWine openly suggests, or should I say references the possibility that the vote would be lost, that Frist didn't have the votes, and they had to go over there and make the best deal possible. So when you couple that with this report from Major Garrett -- and I'm not ripping Major Garrett so please, don't anybody call Fox. I'm trying to figure out who this source is that told him that DeWine and Graham were dispatched by Frist and the White House to cut the best possible deal, because that's huge spin. You know, that's huge, and it sounds like that's what DeWine is saying happened, and he doesn't mention Frist or the White House, but he said they had to go in there and make the best deal we could. Now the Senate is going to move on. The Bolton vote last night is evidence that that's not true, that the president got his agenda going. I don't know what these guys are thinking. Are the Democrats just going to announce, "oh, wow, okay, let's go pass Social Security, Mr. President"? I clearly do not understand where these guys are coming from, but there's no party discipline. That's for sure.




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