Where is the Friggin' White House??!!!????
By Quin Posted in Analysis and Predictions — Comments (6) / Email this page » / Leave a comment »
From the very beginning of this administration's judge wars, the administration has been AWOL when it comes to actually fighting for its own nominees. Instead, it has consistently left the work up to the Senate, offering way too little support and sometimes even undermining Senate negotiators. As Jan Crawford Greenburg has reported, it was Alberto Gonzalez himself who personally insisted that the filibuster battle over Miguel Estrada was a Senate issue and thus blocked a larger White House offensive on the issue. By way of comparison, I believe that if LBJ had been treated this way on judges (other than the ethically challenged Abe Fortas, who nobody could possibly have saved), he would have called in any offending senators and reamed them out and said: "No confirmation, no local projects, PERIOD, you *#^$&@T&(T@%(T%@!!!!
Anyway, the word is that the Matthews appointment in South Carolina was a matter of the White House (Fielding) INSISTING on Matthews even when DeMint and Graham preferred other people -- which is still no excuse for Graham being a mealy-mouthed wimp on the subject; why hasn't HE been in the forefront demanding a confirmation? he's on the friggin' Judiciary Committee. What a pathetic excuse for a senator! That's just one more example of what I mean about the White House not effectively coordinating with the senators in order to figure out a way to get its nominees through.(MORE)
IN THAT LIGHT, and only in that light, it is apparent to me that any somewhat-decent nominee that can be confirmed is a victory right now. Here's where an engaged White House should get creative. In Maryland, as much as Rod Rosenstein deserves confirmation, the fact is that he is going nowhere because of his senators' opposition. But Mikulski and Cardin are ON RECORD saying they would approve, for promotion, the current GOP appointees to the Maryland federal district court. The White House therefore ought to consider taking half a loaf by working out a deal with the Marylanders and Leahy, WITH consultation with Specter and McConnell. (This is just an EXAMPLE of the type of thinking I am advocating, by the way; not a specific endorsement of the following deal.) The White House ought to offer to nominate 60-year-old district judge Richard Bennett in Rosenstein's place, IF the Maryland senators and Leahy will agree in writing to move Bennett to confirmation, and IF they will agree to move Keisler or Robert Conrad (or even Gene Pratter or Shalom Stone). Or something like that. In other words, work out a grand compromise that moves forward AT LEAST TWO currently held-up judicial spots, NOT including Virginia's Conrad, who is on track for confirmation anyway.
Maybe my specific idea isn't the best. But my point is that it is now time to work energetically to get whatever the White House can get, as long as at least one out of the high-profile three (Keisler, Matthews, Robert Conrad) gets through. What is unacceptable is for the White House just to sit back and wait and hope.
SCOTUS votes 5-4 saying can't use death penalty in child rape cases. Unbelievable.
Glenn Beck's also saying he's heard Scalia's writing on the 2nd amendment case will be for a plurality, not a majority, that kicks the can down the road waiting for the next president to appoint one or more justices.
I totally agree with this, but it may be too late.
Does the GOP have any bargaining chips left?
Oz: thanks. Yes, the president ALWAYS has bargaining chips, if he will only use them. Somtimes it just takes linking judges with an entirely separate subject, like pork. Or other favored legislative provisions. Or other, non-judicial appointments.
Quin Hillyer
"The ongoing obstruction of President Bush’s nomination of Robert J. Conrad Jr. to the U.S. Court of Appeals for the Fourth Circuit presents a stark picture of the extremism of Senate Democrats.
Nominated in July 2007, Conrad is a model candidate who has twice been confirmed by the Senate to other positions. A longtime federal prosecutor in North Carolina, Conrad served as U.S. Attorney from 2001 to 2004. He became a federal district judge in North Carolina in 2005 and is now chief judge of his court.
By the very standards that Senate Democrats have expounded, Conrad ought to have been readily confirmed. He has the strong support of both North Carolina senators — Elizabeth Dole and Richard Burr — and the ABA unanimously gave him its highest “well qualified” rating. The Judicial Conference of the United States has declared the vacancy to which he has been nominated a “judicial emergency.”
Conrad is, by all accounts, a man of sterling character and integrity. In 1999, then-Attorney General Janet Reno selected him for the highly sensitive role of chief of the Justice Department’s Campaign Finance Task Force, which investigated Al Gore’s fundraising activities. In a Senate press conference last week, Conrad’s diverse set of supporters included an African-American former gang member whom he has mentored off the streets.
Despite all this, nearly a year after his nomination, Conrad has still not received a hearing from the Senate Judiciary Committee.
Why are Senate Democrats obstructing Conrad’s confirmation? The short answer: Because they believe they can do so without paying a political price.
The longer answer is twofold. First, Conrad is a devout Catholic who, two decades ago, in his private life criticized a nun for “the near total contempt [she] displayed for the Roman Catholic Church.” Committee chairman Patrick Leahy has somehow twisted Conrad’s defense of his church into a wild claim that Conrad made “anti-Catholic comments.” No one has ever alleged that Conrad’s faith has interfered with his fulfillment of his duties of public service. What the Left evidently fears, instead, is that he won’t impose its agenda from the bench.
Second, the Fourth Circuit, which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia, has four vacancies among its 15 seats. A longtime stronghold of judicial conservatives, the Fourth Circuit is now in play. In the event that Barack Obama is elected president, Senate Democrats hope to deliver it into liberal hands.
North Carolina, the most populous of the states in the Fourth Circuit, has only one judge on the court. Senators Dole and Burr therefore have special cause to continue to press hard for Conrad’s confirmation.
But the stakes are larger than North Carolina and larger than the Fourth Circuit. Senate Republicans need to make Democrats know that they’ll pay a price for their obstruction, both now and whenever there is next a Democratic president."
It seems like the Conrad situation is very similar to the Southwick situation from last year: nothing controversial, just a fabricated issue intended to see if they could get away with it. The Senate Republicans, as they did with Southwick, must put up a real stink over this for Conrad (and Matthews and Keisler, for that matter) to be confirmed. Otherwise, the game is over.

I agree both with your frustration at an inept WH operation, and the need to salvage what we can now. I like your Maryland deal, but we may have to give a little more on our end to make it happen. Maybe it's a 4/2 deal, we get Keisler, Matthew, Conrad, and the other Conrad, and we let the donks pick whoever they want for the First, plus one other COA seat of their choice (maybe the 12th DC seat). Hate to do it, but that may be all we can get, if that.
My bottom line - do whatever we need to so Keisler can be confirmed. He is the key, and if McConnell can't make a deal, shut it down.