Busting-the-Filibuster FridayPosted: April 5, 2019
It’s been 2 Fridays since our Last Mueller Friday (March 22nd).
Where’s the damned report?
Every day we don’t see the report represents an obstruction of justice. But then, that’s what Bill Barr was hired to do, right? From The Guardian: “Barr invited to meet DoJ officials on day he submitted memo critical of Mueller. Revealed: The attorney general, then a private lawyer, called the special counsel’s obstruction of justice inquiry into Trump ‘fatally misconceived’”
William Barr was invited to meet justice department officials last summer, on the same day he submitted an “unsolicited” memo that heavily criticized special counsel Robert Mueller’s investigation into obstruction of justice by Donald Trump.
Barr, who was a private attorney at the time, met the officials for lunch three weeks later and was then nominated to serve as Trump’s attorney general about six months later.
The revelation about the meeting, which was arranged by Steve Engel, the head of the Office of Legal Counsel at the Department of Justice, and which has not previously been publicly disclosed, raises new questions about whether the White House’s decision to hire Barr was influenced by private discussions he had about his legal views on Mueller’s investigation.
None of this surprises me. I’m sure the right. chair of the right committee–most likely oversight and Rep. Elijah Cummings–will get to the bottom of this. Every appointment Trump makes to anything just drips of cronyism.
Today, a Federal Court of Appeals court shortened the time that a decision will be made by the judiciary. This is via Politico and Josh Gerstein: “Appeals court narrows path for disclosure of grand jury info in Mueller report. Court splits, 2-1, in a closely watched case that could affect the release of the special counsel’s review.”
A Federal appeals court on Friday tossed an obstacle in the way of grand jury information in special counsel Robert Mueller’s final report being released directly to the public, but the decision may not slow disclosure of that material to Congress.
The decision from a divided three-judge panel of the D.C. Circuit Court of Appeals did not directly address Mueller’s report, but involved a grand jury investigation more than six decades ago into the disappearance of a Columbia University professor and political activist, Jesús Galíndez.
In the new ruling, the panel majority concluded that federal district court judges lack the authority to order the release of typically secret grand jury material except in situations specially authorized in a federal court rule.
While there is no exception that covers cases of intense political or historical interest, courts have repeatedly held that they have “inherent authority” to make such disclosures in unusual cases.
However, the D.C. Circuit decision Friday sided with a long-standing Justice Department position that those rulings were mistaken and a formal change to the grand jury secrecy rule would be needed to give judges that power.
“We agree with the Government’s understanding of the Rule,” Judge Douglas Ginsburg wrote, joined by Judge Greg Katsas. “The contrary reading … which would allow the district court to create such new exceptions as it thinks make good public policy — would render the detailed list of exceptions merely precatory and impermissibly enable the court to ‘circumvent’ or ‘disregard’ a Federal Rule of Criminal Procedure.”
The impact of the new decision in the current battle over disclosure of the Mueller report could be limited, however, because the Democrat-controlled House is already demanding the special counsel’s full submission including grand jury information.
On Wednesday, the House Judiciary Committee passed a resolution authorizing Chairman Jerry Nadler (D-N.Y.) to subpoena the full report and all supporting materials. Such a subpoena may be sufficient to give the House access to grand jury information under an existing exception covering material sought in connection with “judicial proceedings.”
I wanted to make sure we had a good look and discussion about the various ways that Mitch McConnell is changing the SOP of the Senate. To no one’s real surprise, the Senate did go Nuclear somewhat quietly on Wednesday on a 51-48 vote. ABC and other media outlets covered it but not to the extent that it deserved.
The Senate has gone “nuclear,” voting 51-48 Wednesday afternoon to change its own rules and slash debate time for some nominees from 30 hours to two hours, paving the way to fast-track certain Trump picks. Republicans — led by Senate Majority Leader Mitch McConnell — have long lamented what they have termed Democratic obstruction of the president’s nominations, particularly judicial nominations.
All Republicans vote for the rule change except Sen. Mike Lee and Sen. Susan Collins, who voted with Democrats, and no Democrats voted with Republicans.
This is what Senator Elizabeth Warren has to say about that even though she her last vote did not reflect this discussion. It’s something to thing on. I really appreciate Warren’s bringing the beef to the hamburger. It’s the women that are discussing actual policy and it’s time they all get some air time and ink.
Sen. Elizabeth Warren (D-MA) is expected to issue the strongest indictment of the Senate filibuster of her campaign for president thus far during a speech at the National Action Network convention on Friday morning.
“Last year the Senate passed a bill that would make lynching a federal crime,” Warren will say, according to prepared remarks viewed by The Daily Beast. “Last year. In 2018. Do you know when the first bill to make lynching a federal crime was introduced? 1918. One hundred years ago. And it nearly became the law back then. It passed the House in 1922. But it got killed in the Senate—by a filibuster. And then it got killed again. And again. And again. More than 200 times. An entire century of obstruction because a small group of racists stopped the entire nation from doing what was right.”
Warren goes on to say that the filibuster has been used in recent years “by the far right as a tool to block progress on everything.”
“I’ve only served one term in the Senate—but I’ve seen what’s happening,” she says, according to the remarks. “We all saw what they did to President Obama. I’ve watched Republicans abuse the rules when they’re out of power, then turn around and blow off the rules when they’re in power.”
Democrats running for president in 2020 have been debating Senate rules for months, as activists push for a change that would not necessitate a 60-vote supermajority to pass sought-after legislation like Medicare for All or the Green New Deal, both of which have been endorsed by a large share of the Democratic candidates currently running. But many of the same candidates, including the senators in the race, have been resistant to institutional changes. The one candidate who has affirmatively campaigned on its elimination in order to address climate change is Washington Gov. Jay Inslee. Many others, like Warren before Friday, had said they’d consider it, and she previously said “all the options are on the table.”
Schumer believes other wise. This is from CSPAN. “Senate Minority Leader Chuck Schumer and Majority Leader Mitch McConnell debate the GOP’s decision to make a change to rules reducing the length of post-Cloture debate time of federal district court judges and sub-Cabinet nominations from 30 hours to two hours. ” It happened on April 3rd, the day of the vote.
From Vox and Li Zhou: “Senate Republicans have officially gone “nuclear” in order to confirm more Trump judges.
It’s a win for Republicans in the short term, but Democrats could also capitalize on the change in the future.”
Once more, they’ve changed Senate rules so they can confirm President Donald Trump’s nominees more expeditiously — a string of actions first kicked off by Democratic leader Harry Reid in 2013. It marks the third time in less than a decade that the Senate majority has used the so-called “nuclear option” — a term used for parliamentary procedure that sets a new precedent with only a simple majority of lawmaker votes.
This time, Republicans have amended Senate rules in order to further limit the amount of time lower-level nominees could be debated on the floor. Previously, if lawmakers voted to limit debate on a nominee, that back-and-forth would still be able to continue for 30 hours. Practically speaking, because there is only so much time the Senate is in session, this meant that there were a finite number of nominees that Republicans could get through — and that’s something they wanted to change.
Republicans argued that this rules change is necessary because Democrats have gone out of their way to slow-walk consideration of Trump’s nominees. Democrats, meanwhile, say that Republicans have gutted other processes, like “blue slips,” that would enable them to otherwise vocalize their concern with different nominees.
“Senate Democrats spent the first two years of the Trump administration dragging out the confirmation process to not only deny the president his team, but also to waste hours of floor time that should have been spent focusing on the American people’s priorities,” Republican Sen. Roy Blunt (R-MO) said in a statement. “This has been nothing more than obstruction for the sake of obstruction and it is outrageous.”
That assertion, however, is laughable to many Democrats, who have noted that Senate majority leader Mitch McConnell’s supposed outrage over the way Democrats have blocked Republican nominees is hypocritical, given the lengths he went to in order to prevent President Barack Obama’s nominee Merrick Garland from even getting considered for a Supreme Court seat.
Nancy Pelosi threw some serious shade at a reporter who evidently wasn’t aware that there is a law that says the IRS will hand over tax returns of whoever certain chairs of congress request.
Donald Trump is doing his usual hold it up routine. “All the way to the Supreme Court, Alice!!!”
And, I’m giving the last word today to my “I’m just a country lawyer” Senator who just can’t seem to keep the folksy routine sounding sane.
With that, what’s on your reading and blogging list today?