TPM Muckraker

Posts on “Arlen Specter: December 2008” in December 2008

To Placate GOPers, Leahy Delays Holder Hearings

It looks like Republicans on the Senate Judiciary committee have won at least a partial victory in that battle with Judiciary chair Pat Leahy over the timing of confirmation hearings for Eric Holder, Barack Obama's nominee for Attorney General.

In a press release sent moments ago, Leahy wrote the he was delaying the hearings, and made clear he wasn't happy about it:

The Committee has not yet received the names of other designees for high-ranking Department of Justice officials that we had anticipated and more time is now available to the Judiciary Committee. Therefore, to accommodate the Republicans on the Judiciary Committee, at their request we are delaying the hearing, again, until January 15.
...

It is disappointing to me that they are insisting that we delay at a time when the nation needs its top law enforcement officer and national security team in place and working.

The delay is only a week, since Leahy had been planning to begin the hearings on January 8. He had argued that, after the politicization of the Bush years, it's particularly important for fresh leadership to be installed quickly.

The committee's GOP minority, led by Arlen Specter, has been arguing that Leahy's schedule doesn't allow enough time to review documents pertaining to Holder's role in the controversial pardon of Marc Rich in the waning days of the Clinton administration.

The dispute had gotten unusually pointed for an intra-committee disagreement. Leahy, in a letter to Specter, implied that the Republican's trip to Europe and the middle east this month was a congressionally sponsored junket. Leahy also dredged up a year-old quote from Republican Jon Kyl, arguing for a speedy confirmation of Michael Mukasey as Attorney General, which appears to contrast with today's GOP position on Holder. In announcing the delay today, Leahy again brought up Kyl's quote on Mukasey.

The full release follows after the jump...

Read more »

Partisan Flare-Up Over Pace Of Holder Hearings

We told you Wednesday about the developing fight over the pace of confirmation for Eric Holder, Barack Obama's nominee for Attorney General. And it looks like it's heating up.

Politico reports that several Senate GOPers took the floor of the chamber last night to agree with Arlen Specter, the ranking Republican on the Judiciary committee, who has argued that the January 8th start date for confirmation hearings, set by Democrats, doesn't allow for enough time to scrutinize Holder's record -- in particular his role in the controversial pardon of Marc Rich in the last days of the Clinton administration.

Minority Whip Jon Kyl said:

Nobody is talking about a long, long, long delay. We do ask that we be accorded the same consideration that was given to others in this situation and that there be adequate time to confirm him.

And another Senate Republican, Charles Grassley, agreed:

I understand the Judiciary Committee has a large number of boxes of archived documents relating to his employment at the Justice Department and those materials need to be reviewed. We haven't even gotten Mr. Holder's questionnaire, nomination materials or F.B.I. background investigation yet.

But Democrats fired back in support of Pat Leahy, the Judiciary chair who's pushing to begin hearings quickly.

Sheldon Whitehouse, who sits on the Judiciary committee, argued that the schedule was not out of keeping with precedent. He said that the average time between a presidential announcement of a nominee and the first hearing has been 29 days. If the Holder hearings began January 8th, that would be 38 days after the nomination was announced on December 1st.

And now Leahy himself has issued a lengthy statement reiterating his desire to stick to the January 8th start date.

Leahy argues that the politicization of the department under Bush makes it especially crucial to move quickly:

This is no ordinary time. Over the last eight years, political manipulation and influence from partisan political operatives in the White House have undercut the Department of Justice in its mission, severely undermined the morale of its career professionals, and shaken public confidence in our Federal justice system. Never has it been more important to have an experienced hand as Attorney General. I hope our Republican members will resist the temptation toward partisanship and join with us to consider this appointment fairly and promptly.

Leahy even dredges up an old quote from a Senate Republican, from last year when GOPers were pushing for quick hearings on President Bush's nominee, Michael Mukasey. "Attorney general nominees have been confirmed, on average, in approximately three weeks, with some being confirmed more quickly," said one Republican at the time, according to Leahy.

Late Update: More on that quote from last year, just dredged up today by Pat Leahy, in which a Senate Republican argues for a quick confirmation for Bush AG nominee Michael Mukasey. Turns out the quote was from none other than Jon Kyl, who now is stressing the dangers of a quick process for Holder. Thanks to reader CR for the tip.


Leahy and Specter At Odds Over Holder Confirmation

Trouble in paradise?

Pat Leahy and Arlen Specter, the ranking Democrat and Republican respectively on the Senate Judiciary committee, have had a relationship over the years that, on the whole, has been a model of bipartisan comity as they've passed the gavel back and forth.

But are they falling out over Eric Holder?

In a speech on the Senate floor today, reports The Hill, Specter expressed surprise that Leahy, the committee chair, had scheduled a January 8 kickoff for Holder's confirmation hearing for the Attorney General job. Barack Obama is scheduled to be sworn in January 20.

Specter cited concerns about Holder's role in the pardon of Marc Rich in the
waning days of the Clinton administration.

"We need to be sure the attorney general does not bend his views in any way that is partisan or political," Specter said. "There are many other matters that warrant inquiry."

Given the amount of material to go through, Specter said, the hearings should not begin until January 26 at the earliest.

The speech followed a letter sent last night by Specter to Leahy.

In response, Leahy just now fired off a letter back to his longtime colleague -- "Dear Arlen", it begins -- expressing surprise at Specter's surprise.

Leahy writes:

As I have said repeatedly from the time reports of his likely designation began appearing in the press in mid-November, I thought we should move promptly. It hardly came as a surprise when the President-elect announced that Eric would be a key part of his national security team at the designation announcement on December 1. My recollection is that your initial reaction on November 18 was that you were at that time already reviewing his record. Of course, Eric is someone you and I both know well and have known and worked with for years.

Leahy also cites historical precedent to argue that the timing of the hearings is not unusual:

After the contentious 2000 presidential election, I also proceeded promptly to hold the hearing on the designation by President-elect Bush of John Ashcroft to be Attorney General. John's designation was not formally announced until December 22, but I held his hearing 25 days later. I do not think President-elect Obama should be penalized for proceeding promptly with transition and designating his Attorney General selection three weeks before President Bush had.

I am sure you recall during your first year in the Senate how promptly Chairman Thurmond proceeded on the designation of William French Smith to be Attorney General at the beginning of the Reagan administration. The Committee completed its consideration of President Reagan's lawyer to be the Attorney General of the United States with a vote on January 16, even though he was not designated until December 11. We have known about Eric's designation officially for 10 days, and unofficially for more than three weeks. The Committee would have to vote on January 6, the first day of the new Congress, to approximate that timeline.

President Carter's first Attorney General, Griffin Bell, was not designated until December 18, yet his hearing and Committee consideration were completed by January 19. Approximating that timeline would have the Committee voting before the new Congress even comes into session.

Leahy even brings up past favors he has done for Specter:

I have sought to accommodate your interests on many occasions. I scheduled field hearings for you in Pennsylvania on foreclosure and health care mergers issues, and worked hard to ensure fair treatment and confirmation for nominations in which you had a personal interest.

We'll keep you posted on how this plays out...

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