Closed for Renovations

Find observations and opinions elsewhere. This place is gone mute.

Senator DeMint on the Bailout

I think he's right. I hope he's sincere. But in Congress, he's a pariah.

Congressional Record Oct 1, 2008 - Page S10232

Mr. DeMINT. Mr. President, I have friends and colleagues whom I respect deeply who are on all sides of this bailout issue. One of them just spoke. We all to want do what is right for America, and I believe those who have crafted this plan had pure and noble motives. They want this country to succeed. They want prosperity. I just do not believe that this bill gets the job done. In fact, in the long term, I am convinced it will do more harm than good.

We are the Nation that has been called the bastion of freedom, and we are the Nation that has sacrificed blood and treasure to share that freedom with the world. We have fought communism, dictators, and tyranny. We have helped establish democracies and free-market economies across the globe. Because of America, millions of people are now electing their leaders, and millions have been taken out of poverty and enjoyed prosperity. Yet as the blood of our young men and women falls on foreign soil in the defense of freedom, our own Government appears to be leading our country into the pit of socialism.

We have seen this Government socialize our education system and make our schools among the worst in the world. We have seen this Government take over most of our health care system, making private insurance less and less affordable. We have seen this Government socialize our energy resources and bring our Nation to its knees by cutting the development of our own oil and natural gas supplies. And now we see this Congress yielding its constitutional obligations to a Federal bureaucracy, giving it the power to control virtually our entire financial system. Americans understand this and they are angry. They are our judge and our jury. They are watching what we are doing, and they will render their verdict based on our actions.

If we were honest with the American people and explained the failures that have led to this financial crisis, we might have the credibility to ask our citizens to allow us to borrow another $700 billion in their name to try to fix this problem. But we are not being honest. This problem was not created by our free enterprise system. It was created by us, the Congress and the Federal Government.

With good intentions, we made a mess of things. We wanted our economy to grow faster, so we allowed the Federal Reserve to create easy and cheap credit. But this allowed people to borrow and lend irresponsibly. We wanted to help the poor, so we forced banks to make loans to people who could not afford to pay them back. We wanted every American to own a home, so we created Fannie Mae and Freddie Mac to encourage and guarantee mortgages for more people who could not afford them. And all of these easy mortgages, many of which required no downpayment, inadvertently increased the prices of homes to unsustainable levels and created a massive oversupply of unsold homes. Now the value of homes has fallen, as has the value of the mortgages attached to them.

We allowed and even encouraged Fannie Mae and Freddie Mac to bundle up these risky subprime mortgages so they could be sold as securities to investors in America and all over the world. We guaranteed these institutions with the full faith and credit of the Government so their securities could be sold at above-market rates, allowing them to borrow huge amounts and fuel an explosion in subprime mortgage lending. We also allowed these mortgage giants to use their taxpayer-supported profits to spend over $200 million lobbying Congress to keep us quiet, even when we saw that our brainchild had become a financial Frankenstein.

All of our good intentions are now blowing up in our face, and we are asking the American people to bail us out. We must also plead guilty to other misguided policies that have made the situation even worse. Our foolish energy policies have created a huge financial burden on every American family and severely damaged our economy. By not opening our own energy supplies, we are now sending nearly $700 billion a year to other countries to buy oil. This has dried up capital at home and made us dependent on foreign countries for our credit.

We have also squandered and wasted hundreds of billions of hard-earned tax dollars on unnecessary and ineffective Federal programs and thousands of wasteful earmarks. Last week, we passed a bill with the highest rate of pork spending in history. While our talk of gloom and doom has heightened the financial panic here and around the world, and while we are asking Americans to bail us out, we are still spending money as if there is no tomorrow. Years of wasteful spending and bad policies have resulted in a huge national debt of nearly $10 trillion. Much of this debt is held by China and Saudi Arabia and other foreign countries that some now say are dictating our financial policies.

We know Americans are now the victim of our misguided good intentions, along with our free enterprise system that has been severely damaged and weakened. We know our bad policies have taken the accountability out of our markets by artificially insulating investors from normal risk. This has led to careless lending, careless investing, many bad decisions, and possible criminal activity on Wall Street. While many are blaming Americans and our free enterprise system for the crisis, we know the Government is the root cause of this crisis.

I believe this Congress should admit its guilt, prove we have learned from our mistakes, and correct the bad policies immediately that have caused these problems. We should insist the Federal Reserve end the easy money policy. We should repeal the laws that require our banks to make risky loans, and fix the accounting requirements that force banks to undervalue their assets. We should develop a plan to break up Fannie Mae and Freddie Mac and sell them to private investors who will run them as private companies.

We should reduce corporate and capital gains taxes to encourage capital formation and boost asset values. We should also repeal the section of Sarbanes-Oxley that has driven billions of dollars of capital overseas. And we should do even more to grow our economy and lessen our dependence on foreign countries. We should immediately pass a law that expedites the development of our oil and natural gas reserves to help relieve the burden of high prices and gas shortages for our families.

We should immediately adopt a freeze on nonsecurity discretionary spending and pass a moratorium on earmarks until we fix this wasteful and corrupting system. We should sacrifice our political pork as we ask taxpayers to sacrifice for our mistakes.

We have caused a terrible financial mess, and we must honestly tell the American people that whether we pass this huge bailout or not, there will likely be suffering and pain for our great country. But Americans and our free market economy are resilient. And with fewer misguided laws and less onerous regulations, we will get through this crisis, as Americans have many times before. But we must tell Americans the truth.

Congress says it was deregulation and capitalist greed that has run wild and undermined our financial system. Instead of reducing our role in the economy, we are trying to use this crisis to expand our power to control and manage the free enterprise system. We are here saying that our banks and mortgage companies have stopped lending money, that people can't get loans to buy cars, homes, or to run a business, and that our economy of the United States is on the verge of collapse.

We are telling people not to worry because we are going to rescue them with their own money. Congress is going to allow the Treasury Secretary to take $700 billion from taxpayers to buy bad loans and investments from anyone he chooses anywhere in the world. This, we say, will free up capital, get the credit markets working again, and put our economy back on track.

But this Congress refuses to change our Nation's monetary policy that created the cheap money and inflated the housing bubble. We refuse to change the accounting laws and regulations, even though they are making the problem worse. We refuse to lower capital gains and other taxes to attract capital and promote growth. We refuse to repeal Sarbanes-Oxley, even though it hasn't worked and it has cost our economy billions. And we refuse to expedite the development of America's energy resources, even though it would help every American and grow our economy.

None of these things are even on the table for discussion. We are telling the American people to hand over $700 billion or the world economy is going to collapse. This is why people are so upset. It is because Congress is being dishonest and arrogant. We are not being honest with them about how we got into this mess, and we are not being honest with them about what we need to get out of it.

I strongly oppose this legislation. It takes our country in the wrong direction. It forces innocent taxpayers to bail out Government policies and Wall Street mistakes. It asks the American people to take a leap of faith and trust people who have consistently misled them.

I am deeply saddened by the tone of this debate. I am afraid many of the supporters of this bill have bullied people into supporting it, using fear. There may be good reason for fear, but I think most people will agree that some of the statements have been reckless and irresponsible. I hope I am wrong and this bill will truly solve the problem.

Let me say again that I know every one of my colleagues is doing what they believe is right for America. But based on what I know, I cannot in good conscience support it. I know the Senate is going to pass it tonight, and I can only hope the House will defeat it so we can pursue better alternatives.

I thank the Chair, and I yield the floor.

Passed Without Debate - September 2008

Wednesday - September 17, 2008

Thursday - September 18, 2008

S.3001 appears to have been split into parts for some reason:

A bill (S. 3001) to authorize appropriations for fiscal year 2009 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes. ...

The bill (S. 3001), as amended, was passed, as follows:

(The bill will be printed in a future edition of the Record.)

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The bill (S. 3002) to authorize appropriations for fiscal year 2009 for the Department of Defense, to prescribe military personnel strengths for such fiscal year, and for other purposes, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as amended, as follows:

(The bill will be printed in a future edition of the RECORD.)

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The bill (S. 3003) to authorize appropriations for fiscal year 2009 for military construction, and for other purposes, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as amended, as follows:

(The bill will be printed in a future edition of the RECORD.)

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The bill (S. 3004) to authorize appropriations for fiscal year 2009 for defense activities of the Department of Energy, and for other purposes, was considered, ordered to be engrossed for a third reading, read the third time, and passed, as amended, as follows:

(The bill will be printed in a future edition of the RECORD.)

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Dirty Harry's schedule for the rest of the 110th Congress ...

• I will file cloture on the Coburn package
• We are going to move to the tax extenders
• We have an economic recovery package
• We have a CR [Continuing Resolution] that we have to complete to fund the Government
• There are a lot of other things the CR may take care of that we have not finished, including MilCon, VA, and Homeland Security appropriations; and there are people out there who are concerned about things we should do before we leave here, such as LIHEAP. Hopefully, that could be included in either the stimulus package or the CR.
• We hope to work something out on mental health parity, the Ledbetter issue. We could have another vote on that, if I decide that.

Cloture motions were filed on "the Coburn Package," S.3297 - Advancing America's Priorities Act (this is the second cloture motion on a motion to proceed, the first went down in flames in July); and on H.R.6049 - Renewable Energy and Job Creation Act of 2008 (three cloture votes have already taken place, one of them being on reconsideration - this is the third cloture motion and it precedes what will be the fourth cloture vote on a motion to proceed ... this time most likely with the intention of substituting language that parallels the recently-passed House energy bill, H.R.6899, that includes the Democrats' phony and cynical "drill drill drill" provisions).

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September 19, 2008

Mr. REID. Mr. President, for the information of Senators, we are trying to work things out here. It has been very difficult. At this stage, it appears that the vote on cloture on the Coburn package will be vitiated. We will not have that vote tonight or in the morning.

Mr. REID. Mr. President, I ask unanimous consent that on Tuesday, September 23, following a period of morning business, the Senate proceed to the consideration of Calendar No. 767, H.R. 6049, the energy extenders, that the bill be considered under the following limitations: [3 amendments with one hour debate each and 60-vote thresholds for adoption, one additional hour of debate, one budget point of order, vote on final passage]

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President Bush communicated the Congress that the nation is still formally in a state of emergency flowing from the terrorist attacks of September 11, 2001.

The crisis constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, in Pennsylvania, and against the Pentagon committed on September 11, 2001, and the continuing and immediate threat of further attacks on United States nationals or the United States that led to the declaration of a national emergency on September 23, 2001, has not been resolved. These actions pose a continuing unusual and extraordinary threat to the national security, foreign policy, and economy of the United States.

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Senator REID yesterday: "I would further say, one reason we are not going to be in session tomorrow is we are waiting to get a response from the administration as to what they think should be done as the next step in the financial problems we have facing this country. We need to hear from them."

President Bush and the administration are in fact preparing legislation. President Bush just wrapped up a "have confidence" speech - not a good sign, to me, when the president feels an urge to give a "have confidence" speech to the nation. And whatever the Secretary of Treasury has up his sleeve is dramatic. "I am convinced that this bold approach will cost the American people far less than the alternative," Paulson said ...

President Bush Discusses Economy - Sept 18

[Presidential] Memorandum for the Secretary of the Treasury - Sept 19

Pursuant to section 10(b) of the Gold Reserve Act of 1934, as amended, 31 U.S.C. 5302(b), I approve the use of funds from the Exchange Stabilization Fund to provide up to $50 billion as a guaranty facility for certain money market mutual funds, consistent with your recommendation to me and the terms and conditions set out in your memorandum to me dated September 18, 2008.

President Bush Discusses Economy - Sept 19

Secretary Paulson, Chairman Bernanke, and Chairman Cox have briefed leaders on Capitol Hill on the urgent need for Congress to pass legislation approving the federal government's purchase of illiquid assets, such as troubled mortgages, from banks and other financial institutions.

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Monday - September 22, 2008

Hey, how 'bout that bailout! Print money (or promise to) and viola, the price of commodities goes up as though by magic. This 700 billion (or maybe double or triple that) housing thing that Congress enabled (and that the Democrats encouraged) is small potatoes, compared with the angst that will emerge when Social Security goes belly up.

To say that the House and the Senate are worthless is to give them too much credit. They are damaging, and the entire lot of them ought to be run out of office so they can share in the joy their wisdom has bestowed on the people who made the error of electing them in the first place.

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Tuesday - September 23, 2008

Here's Senator McConnell, yesterday describing the Senate's total and complete abdication of responsibility to legislate money policy:

Over the weekend, Congress received a straightforward four-page Main Street rescue plan ... Republicans have many serious questions about this plan, but this is the only concrete plan we have seen so far that aims to protect Americans on Main Street ... There will be many more questions about this plan. I have many myself. But we owe it to the American people to do our due diligence quickly and act swiftly ... The American people are counting on us. Let's not disappoint them.

I'm gobsmakcked at the hubris (American people are counting on Congress), particularly where it is attached to the role of playing follower in a game of follow the leader. Also, does he not see the tension inherent between "due diligence" and "act swiftly?" What the old saw? You can have it quickly, correct, or cheap, pick two.

I'd pick on the Democratic plan if I cared. If the public can only kick out half of Congress, please, God, let your plan be that the Democrats are first to be returned to private life.

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Senator Reid complaining about Senator Coburn and his objection to passing S.3297, the [so-called] Advancing America's Priorities Act. Another pathetic act and tantrum by that little weasel, Senator Reid. At least he seems willing to pass the bill components that are not objected to, and reserve the fight for the others, but please, spare us the faux drama.

Just before the Senate closed last night, Senator Reid made a motion to proceed to this bill, S.3297. That Motion to Proceed is the pending business of the Senate.

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Today will be Tax Extenders Day, H.R.6049 under a controlled period of debate with a handful of 60-vote threshold amendments.

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10:31: Senator Coburn starts to explain his objections to some of the bills in the [so-called] Advancing America's Priorities Act (S.3297), and Senator Reid interrupts.

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Baucus amendment 5633 [in the nature of a complete substitute for the bill] was PASSED on a 93 - 2 vote (Crapo and Kyl voted NAY)

Conrad amendment 5634 was REJECTED on a 53 - 42 vote (Party line except Coleman, Collins, Smith, and Snowe)

The Motion to Waive the Budget point of order PASSED on a 84 - 11 vote (Brown, Byrd, Carper, Conrad, Corker, Feingold, Kerry, McCaskill, Sanders, Voinovich, Whitehouse)

H.R.6049 - Renewable Energy and Job Creation Act of 2008 was PASSED on a 93 - 2 vote (Carper and Conrad voted NAY)

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Wednesday - September 24, 2008

The Motion to proceed to the consideration of S.3297 "The Coburn Package" is still pending.

I have no idea what Senator Reid plans for today (I quit watching the blowhard spendthrift liars in the Senate), and won't be around to watch today even if I wanted to.

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President Bush's Address to the Nation

It will help American consumers and businesses get credit to meet their daily needs and create jobs.

So, we are a credit economy. ALL credit economies eventually collapse of their own weight.

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Thursday - September 25, 2008

The Motion to proceed to the consideration of S.3297 "The Coburn Package" is still pending. (But parts of it have been passed under UC)

H.R.1199 - Drug Endangered Children Act
H.R.923 - Emmett Till Unsolved Civil Rights Crime Act (was passed twice, for emphasis perhaps)

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09:37: Reid's plan for action for the day week:

• Morning Business until the Consolidated Appropriations Bill [I think this is just another term of art for the Continuing Resolution] is delivered from the House
• S.3001 - DOD Authorization
• Continuing Resolution (embodied in H.R.2638), already passed by the House, will be available shortly. Reid will file a cloture motion for a Saturday cloture vote, but cloture can be vitiated with agreement to vote on the CR.
• H.R.2095 - Amtrak & train safety
• Watch for legislation to inflate currency for the purposes of bailing out irresponsible lenders, encouraging more lending and postponing the inevitable economic meltdown

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Mr. NELSON of Florida. Is the Senator considering one of the things I talked about earlier, that we would not do the whole $700 million in one swat, but we take a part and say that is good for the next 3 or 4 months and come back and evaluate it?

Mr. DODD. I don't want to negotiate with you on the floor of the Senate. There are a lot of ideas kicking around. I know that is one that has received some consideration.

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September 26, 2008

The Motion to proceed to the consideration of S.3297 "The Coburn Package" is still pending. (But parts of it have been passed under UC)

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Mr. SCHUMER: So, again, to reiterate my three points: No. 1, we will work until we have a product. The perilous state of our financial markets and our national economy, the danger to average Americans, now unforeseen but real and lurking behind the shadows, says we can do nothing else. No. 2, we will continue to work for a better plan than the one the President proposed, with protection for taxpayers, homeowners, and real oversight. No. 3, the President must get his Republican House in order by getting the House Republicans in line and asking Senator McCain, respectfully, to leave town. Because without Republican cooperation, we cannot pass this bill.

The Democrats can most certainly pass a bill without much Republican cooperation. All they need is a few to invoke cloture, in the Senate. And that will be a cakewalk.

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Mr. SPECTER: Mr. President, at the outset, I wish to thank my distinguished colleague, the chairman of the Senate Judiciary Committee, for the committee's action in considering the judicial nominees and for moving ahead with their confirmations today. Senator Leahy is used to being generous and statesmanlike, but to confirm all these judges at this time, on September 26, considering the background of the controversies in the Senate, is an act of statesmanship. If they wrote a book "Profiles in Statesmanship," as well as the book "Profiles in Courage," Senator Leahy would be at the top of the list.

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Mr. REID: We are going to complete, before we leave here, the Defense Department authorization bill. ... Rail safety, Amtrak--we will complete that before we leave. I have had a number of conversations with the White House. We are going to complete the India nuclear agreement before we leave.

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Saturday - September 27, 2008

The Motion to proceed to the consideration of S.3297 "The Coburn Package" is still pending. (But parts of it have been passed under UC)

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Cloture was invoked on H.R.2638 - the Continuing Resolution and whatnot bill.

Mr. COCHRAN: We have adopted, strictly speaking, an amendment to the Senate amendment to H.R. 2638, an act making appropriations for the Department of Homeland Security for fiscal year 2008. But most Members are aware that what this bill actually contains is the fiscal year 2009 Homeland Security Appropriations bill, and the Military Construction and Veterans Affairs appropriations bill. It also contains a continuing resolution to fund the rest of the Government through March 6, and a substantial disaster supplemental in response to floods, wildfires, and hurricanes.

I highlight the title of the bill because it is indicative of the sometimes opaque and convoluted process by which the bill was drafted. Its contents were determined almost exclusively by staff members and a small handful of Members of the Senate. There was no opportunity for most Senators to advocate for a specific request. There was no forum in which to offer amendments. There were no meetings in which to argue policy or discuss grievances that Members may have had with the provisions of these bills. There was no meeting of the conference committee. Only a few elements of the bill have been previously considered on the floor of the Senate. Only the Military Construction and Veterans Affairs chapter was debated on the floor of the other body. Yet we have only a few days remaining in the fiscal year, and we have been compelled to either concur in the House amendment or risk the shutdown of the Government. ...

This year, we have thrown regular order completely out the window. In the process, we have failed both the Senate and, in my opinion, the people we represent. Not any of the 12 fiscal year 2009 appropriations bills have been brought to the Senate floor. Only one appropriations bill was brought to the floor of the House.

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Speaking of gross absence of transparency (and accountability) ...

Lawmakers Reach Accord on Huge Financial Rescue - WaPo

Sen. Richard C. Shelby (R-Ala.), the senior Republican on the Senate Banking Committee, who has refused to participate in the talks, said a "critical mass" was forming behind the measure because of fears that Congress's failure to act would cripple financial markets and devastate the economy.

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... at 12:30 p.m. Monday, the Senate will proceed to vote on the motion to invoke cloture on the motion to concur in the House amendment to the Senate amendment to H.R.2095 - the Federal Rail Safety Improvement Act of 2007.

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Monday - September 29, 2008

The Motion to proceed to the consideration of S.3297 "The Coburn Package" is still pending. (But parts of it have been passed under UC)

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Republicans object to Senator Reid's request for a UC agreement to pass an Energy bill, and Senator Reid notes that if he were in the House, his majority status would permit this bill to be passed. Business as usual in the Senate, while the House is going through some motions incidental to a 2/3 trillion dollar "emergency" "off budget" infusion of credit to the US and world economies, backed by the ability of the US government to extract wealth from US citizens at the point of a gun.

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The House is handling the 700 thousand million dollar "bailout" under an old bill number, H.R.3997 - Heroes Earnings Assistance and Relief Tax Act of 2007. No senator has the right to object to taking up a bill in this procedural posture - that is, Senator Reid just calls it up, and there is no possibility of a need to invoke cloture on a motion to proceed. Not determined at this point is whether or not any Senator will object to a time certain for voting on final passage, thereby provoking a cloture motion and cloture vote on final passage.

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14:06: Roll Call Vote No. 674, I'll be dipped. The House rejected the 700 billion rescue plan ordered by the Masters of the Universe.

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OIG/OPR Report on U.S. Attorney Firings

In sum, we believe that the process used to remove the nine U.S. Attorneys in 2006 was fundamentally flawed. While Presidential appointees can be removed for any reason or for no reason, as long as it is not an illegal or improper reason, Department officials publicly justified the removals as the result of an evaluation that sought to replace underperforming U.S. Attorneys. ...

I'm sure the Department of Justice is happy to have that issue off their hands. "Mistakes were made." Kyle Sampson is fingered as the culprit who selected the US Attorneys who were to be replaced.

... we determined that the process implemented largely by Kyle Sampson, Chief of Staff to the Attorney General, was unsystematic and arbitrary, with little oversight by the Attorney General, the Deputy Attorney General, or any other senior Department official. In choosing which U.S. Attorneys to remove, Sampson did not adequately consult with the Department officials most knowledgeable about their performance, or even examine formal evaluations of each U.S. Attorney’s Office, despite his representations to the contrary.

More at Balkinize: The DOJ IG/OPR Report on the U.S. Attorney Firings

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Most of the Republican Senators will follow President Bush's orders without question. Senators Alexander and Domenici spoke in favor of passing whatever the House passes:

Mr. DOMENICI. ... Fix [the financial system by passing the Paulson bill] or be charged with letting it break down. Vote for this and fix it. Do the rescue plan or walk out of here as a Senator who can claim no victory, can claim they didn't see fit to lend their vote to a rescue plan of this type. And I believe, no matter how much guff you are getting from your constituents, no matter how much they are talking to you on the phone and in letters and other ways, you have to explain it to them right and then you have to vote what is right for the United States. That is why we are here.

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Tuesday - September 30, 2008

The Motion to proceed to the consideration of S.3297 "The Coburn Package" is still pending. (But parts of it have been passed under UC)

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House Debate of Monday, for the rhetoric pertaining to the latest installment in the series, "Never-ending Bailout/Rescue Plan."

• 25 billion FORD GMC .. wasn't enough, need more
• 30 billion BEAR ...... wasn't enough, need more
• 85 billion AIG ....... wasn't enough, need more
• 138 billion LEHMAN .... wasn't enough, need more
• 200 billion FANNIES ... wasn't enough, need more
• 300 billion House RESCUE PLAN (kicks in on Oct 1)
• 700 billion ... pending Congressional kabuki

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08:50: President Bush, Senator McCain, and the other "Masters of the Universe" are putting on the hard sell, convincing the public that the government must take over troubled assets (non-performing loans) and associated property used for security.

10:12: Senators Reid and McConnell promise passing the bailout bill. Senator McConnell cites Senator McCain, as well as the performance of the Dow Jones Industrial Average "speaking loud and clear" that Congressional action (taxing and transferring the proceeds to banks) is necessary.

Senator Domenici saying the proposed bill isn't a bailout, it's a purchase. The government, says he, is buying "toxic" paper. And if the government doesn't do this, then Americans won't have the luxury of buying things, because nobody buys on cash, everybody buys on credit.

Senator Kyl is his usual dysfunctional self - arguing that the public needs more financial credit because the public runs its households with too much debt. At any rate, it is perfectly fitting that the Republicans be take the lead in adding another government program to the heap.

Now Senator Kyl is reading a letter that describes the real world consequences, and man, is it ever an eye opener. The writer says due to loss of appraised value in his house (his collateral), his credit line has been reduced. I ask, what is Senator Kyl going to do to maintain the value of the writer's collateral? Or does he propose to relax lending rules so that one can borrow more than the collateral is worth? I wonder how many people will fall for the dumb-ass argument that Kyl is trying to make.

12:28: Senator Bond is saying he doesn't want to be voting AYE for the bailout / rescue, but it'll be good for the people if he does support it. His argument is as disconnected as Kyl's, expressing reluctance for supporting something he sees as good for the public.

The parade of Republican support continues with Senators McConnell and Bennett.

14:14: A Democrat speaking! Senator Dorgan noting the 1999 repeal of the Glass-Steagal Act, right after saying that it's not time to cast blame. He names names, Senator Gramm. Then he takes credit for predicting a need for massive taxpayer funded bailouts. Dorgan was one of 8 Senators to vote against the repeal, McCain was the sole "not voting" Senator.

November 4, 1999 ...

... I do not know if many know it, but we have something like $33 trillion in value of derivatives held by U.S. commercial banks in this country.

Federally-insured banks in this country are trading in derivatives out of their own proprietary accounts. You could just as well put a roulette wheel in the bank lobby. That is what it is. I offered amendments on the floor of the Senate when this bill was originally here to stop bank speculation in derivatives in their own proprietary accounts and also to take a look at some sensible regulation of risky hedge funds, but those amendments were rejected. You think there is not risk here? There is dramatic risk, and it is increasing. ...

Let me describe the ultimate perversion, the hood ornament on stupidity. The U.S. Government owned nonperforming junk bonds in the Taj Mahal Casino. Let me say that again. The U.S. Government ended up owning nonperforming junk bonds in the Taj Mahal Casino in Atlantic City. How did that happen? The savings and loans were able to buy junk bonds. The savings and loans went belly up. The junk bonds were not performing. And the U.S. Government ended up with those junk bonds.

"Too big to fail, so we make them bigger. Doesn't makes sense to me," says Senator Dorgan, again today.

Senator Dorgan advocates legislation that regulates hedge funds and derivatives.

Recovery, Reform, and Regulation. He won't vote for Recovery without Reform and/or Regulation.

14:50: Senator Domenici challenges Senator Dorgan, asking whether the purchase of toxic securities isn't in fact a good deal for the buyer (the taxpayer). Senator Dorgan uses the sausage analogy, "we don't even know what's inside those securities." Ultimately, he advocates relief to the "deadbeat" borrower in bankruptcy court, as it provides stability in housing value (compared with housing vacancies).

16:26: Senator Dodd says that the order of business (where the bailout bill will originate) is being discussed between party leaders; and that those who voted NAY yesterday are having second thoughts about their NAY votes. He expects a "positive result in the next 24 to 48 hours." Senator Warner indicates that he would have endorsed the language that Dodd circulated yesterday.

19:14: Senator Reid propounds a UC request to take up the bailout bill, with times certain for debate and voting on final passage. I missed the details - check the Legislative Calendar at about midnight for full details of UC agreements - but I think the roll out is set up for Thursday. Senator Reid thanks Dodd and Gregg for their work. Senator McConnell said this represents one of the finest moments of the Senate (obviously, no objection). All's been cleared with House leadership as well.

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Wednesday - October 1, 2008

There is a pair of UC agreements that intertwine passage of the US-India Nuclear Power Agreement (H.R.7081) and "the bailout." Debate India-nuclear-power; debate bailout; vote India-nuclear-power; vote bailout.

The bailout language is being negotiated, and probably will be until "the last minute." It's to be an amalgamation of the recently Senate-passed energy-tax extenders (H.R.6049) with modifications to make it acceptable to House Democrats, and House-rejected "bailout" language with decorative tweaks like increasing the FDIC insurance limit. This amalgamation is in the form of a substitute amendment, the "Dodd" amendment.

Besides the Dodd substitute amendment, a Sanders amendment re: tax on high income individuals to be debated and voted under bailout. Passage of the Sanders amendment to be on simple majority, and passage of the bailout ("Dodd amendment" and final passage) to be on a 60 vote supermajority basis.

I think the people who are calling Congress to complain about passage of this bill are wasting their time. Congress is utterly indifferent as to public sentiment, and holds the public in disdain.

14:38: Debate on the bailout begins, with dickering over order of speeches. Senator Clinton goes first, in favor of the plan. Senators Dodd and Gregg are managing the debate (both of them are in favor). Total time for debate is on the order of two and a half hours, with an hour of that on the Sanders amendment.

Other talkers (in order): Gregg (for), Baucus (for), Isakson (for), Mikulski (for) ...

Democrats are blaming Wall Street greed and lax GOP oversight. Lying sacks of shit. Congress is responsible, both parties, but more DEM than GOP. May the fleas of a thousand camels infest Mikulski's brassiere.

Senator Dodd extended debate time about an hour, with voting to start at 7:00 pm.

More talkers: Corker (for), Dodd (enthusiastically, but reluctantly for), Coburn (for) ...

Coburn asserts that the power to be exercised by Congress (being in the mortgage business) is outside the enumerated powers of Article I, Section 8. He says Amtrak is a similar violation.

Senator Coburn says the unfunded liabilities for Medicaid (Medicare? I can't keep them straight) alone is 100 trillion dollars. He's railing against Congressional spending. Quite the lead in for justifying approval of a 700 billion dollar government purchase of toxic paper. I agree with him, Congress will reap what it sows. It's just a matter of timing.

More talkers: Conrad (for), Collins (for), ...

Each of them says something like, "None of us is happy," or "I share the anger of my constituents." None of them expresses shame, or anger at THEMSELVES. Well, Coburn chewed Congress a new ass, but he's a pariah in their midst. Collins is telling us what a GREAT job she's done. I live in Maine, and she'll never have my support. The reason the State of Maine couldn't get a 50 million dollar bond is that it's not reliably going to obtain enough revenue to repay per the terms of the bond.

More talkers: Reed (for), McConnell (emphatically for) ...

Senator McConnell's "every dime we get back will be used to pay down the national debt" is an empty sound bite. When spending exceeds income, as it does in the US, the notion of "paying down debt" is meaningless. The rest of his "comforting" words are likewise horse shit. "Close supervision by the government," "businesses will be allowed to fail," etc.

Krauthammer, George Will, Kudlow, National Review, WSJ, Newt Gingrich, and Heritage Foundation support the package, therefore it has the support of conservatives, concludes Senator McConnell.

More talkers: Casey (for), Vitter (NO) ...

Vitter thinks the proposed bureaucracy will invite corruption - Wall Streeters turned bureaucrat, later to return to Wall Street. First one to express "appalling lack of political leadership." He believes this bailout invites a repeat, or similar, financial collapse, at some indefinite future time.

More talkers: Obama (for) ...

17:12: Quorum call after a 15 minute Obama speech put Senator Sanders to sleep.

17:15: More talkers: DeMint (NO) ...

DeMint thinks the proposed bill will cause more harm than good. Whoa - he's accusing the Federal government of socializing, then wrecking: finance, education, and energy. He says Americans understand this. Well, I do, but I think I'm in a splinter minority. DeMint admits that the financial problem was caused by Congress, operating beyond its wisdom with good intentions. Fannie Mae and Freddie Mac were lobbying us to turn a blind eye while our brain child turned into a Frankenstein. He is really pissed off.

He thinks Congress should admit its guilt and fix the flawed financial legislation. Government is at the root of this problem. He thinks telling people they are going to be rescued with their own money is flawed. This Congress refuses to change its policy, even though the policy caused the housing bubble. Refuse to pass tax laws that would attract capital investment and jobs. Repeal Sarbanes/Oxley. Pass a law to expedite the development of our energy resources, freeze non-discretionary spending. None of that is on the table for discussion. Congress is being dishonest and arrogant. He strongly opposes this legislation.

Hip Hip Hooray!

Listen to DeMint's Speech

Now there are two pariahs in the Senate, but DeMint ends up being a bigger one than Coburn.

Sanders is up with his amendment. That gets an hour of debate, then the string of votes starts.

17:45: More talkers: Sessions (NO), Schumer (for), Domenici (for), Menendez (ANGRY and for), Shelby (NO) ...

18:32: Senator Dodd obtains unanimous consent to add an additional half-hour for debate. More talkers: Nelson (FL) (NO), Graham (for), Kerry (for), Martinez (for), Boxer (for - she is going to lay blame tonight - it's all Republicans fault), Gregg (for), Cantwell (NO - against turning the keys to the treasury over to the private sector), Durbin (for - reckless deregulation of financial industry, reckless behavior of Wall Street, and Republicans are to blame), Feinstein (for), Hutchison (for) ...

Senator Graham sounds like Arlo Guthrie singing Alice's Restaurant.

Feinstein reports her constituents are overwhelmingly against the bailout, but that they were looking at the wrong bill by looking at the original Paulson bill. Constituents in California run their businesses on credit.

Hutchison is shilling on the bailout bill, in part on account of the "goodness" inherent in the energy tax credits, disaster assistance, etc. - and neglects to mention that all those provisions were passed by the Senate last week under H.R.6049.

---===---

19:32: Shift to Amtrak, H.R.2095, for half an hour of debate, then voting starts.

20:08: Voting starts on the Amtrak bill. Passed 74-24 at 20:26.

20:33: Voting starts on the India nuclear-power bill. Passed 86-13 at 20:48. This was a really contentious bill when it came up last year. Funny how things change.

---===---

20:50: Sanders amendment on deck. Failed on a voice vote, no roll call. Senator Reid asks to speak before voting on the Dodd substitute amendment (this is really the only important vote for this bill), and uses the time to thank Senate staff for their hard work.

My prediction for passage of the Dodd substitute amendment is 79-19.

20:59: Senator Reid starts his closing remarks, prior to the vote.

21:07: Voting starts. Senators are ordered to vote from their chairs, all formal like the rules require.

21:18: Dodd substitute amendment (bailout plus energy tax extenders) was PASSED, on a 74-25 vote (predicted 79-19) (NAY votes: Allard, Barrasso, Brownback, Bunning, Cantwell, Cochran, Crapo, DeMint, Dole, Dorgan, Enzi, Feingold, Inhofe, Johnson, Landrieu, Nelson (FL), Roberts, Sanders, Sessions, Shelby, Stabenow, Tester, Vitter, Wicker, Wyden)

The Senate is conducting a roll call vote on final passage. I'd expect exactly the same or higher number of AYE votes.

21:41: Final passage of H.R.1424 (bailout plus energy tax extenders) PASSED, on a 74-25 vote (NAY votes: Allard, Barrasso, Brownback, Bunning, Cantwell, Cochran, Crapo, DeMint, Dole, Dorgan, Enzi, Feingold, Inhofe, Johnson, Landrieu, Nelson (FL), Roberts, Sanders, Sessions, Shelby, Stabenow, Tester, Vitter, Wicker, Wyden)

---===---

21:53: Senator Durbin closing the Senate. A big raft of bills to be passed, no doubt, as the Senate is done until after the election, and then only for lame-duck stuff. I'm gonna watch baseball. Maybe never to return. It's been fun!

Thursday - October 2, 2008

Life is good. The Boston RedSox won game 1 in the playoff series.

Link to Congressional Record for October 1 bailout speeches
Link to Congressional Record for some October 2 bailout speeches.

---===---

Faced with 7% unemployment in Nevada, and 9% unemployment in Michigan, the Democrats propose to extend federal taxpayer money to extend unemployment benefits. The Republicans object to Senator Reid's UC proposal to pass that legislation (S.3507) at this moment.

Mr. REID: In summary, if we could afford to authorize $700 billion last evening to assist financial forces to unclog credit markets, to begin to provide support for the economy, then we certainly can afford to help individuals who are looking for work and can't find it and are desperate.

---===---

H.RES. 1525 - Providing for the consideration of the Senate amendments to the bill H.R.1424

The House will consider the bailout/tax extenders bill with 3 total hours of debate, and no amendments to be considered. H.RES. 1526 provides that simple majority will determine the outcome, even though the vote is on the same day the rule is introduced.

Friday - October 3, 2008

The Senate stands in recess until Monday. The action is over in the House, on the bailout. I thought it would pass on Monday - and I think it will pass today.

Roll Call Vote No. 679 on ordering the question on voting passage of the Rule. Passes 235-190 at 10:30 am.

Roll Call Vote No. 680 on voting passage of the Rule. Passes 223-205 at 10:39 am.

Roll Call Vote No. 681 on voting passage of the Bill (H.R.1424). Passes 263-171 at 1:27 pm.

16:01: CNN reports the bailout bill has been signed into law. Two and a half hours from passage to being signed into law. Not bad!

Interdependence Month - 2008

Monday, July 7 is going to be used to set up passage of the Housing Bailout. The first of two cloture votes to limit debate on final passage of H.R.3221 is scheduled for 5:30 p.m. today.

---===---

Tuesday, July 8 will be dedicated to debating and passing FISA [A stack of five votes: amendments, cloture, and final passage; has been pushed into Wednesday, July 9th]. The penciled-in vote counts are quick guesses, mostly to illustrate what I see as a wide gap between passing and blocking the bill.

For comparison - Feb 7 and 12, 2008: S.2248 Amendment and Vote Summary.

Comprehensive FISA Links Page - Congressional Debate and Amendments

1. One amendment to pass or be tabled on a majority vote
   • Dodd/Feingold/Leahy #5064 (2 hours) Eliminates Title III (strips retroactive immunity)
     REJECTED July 9, 2008 at 12:16, on a 32-66 vote (guessed 27-67)
     DEM NAY votes: Bayh, Carper, Conrad, Feinstein, Inouye, Johnson, Kohl, Landrieu, Lieberman (I know), Lincoln, McCaskill, Mikulski, Nelson (FL), Nelson (NE), Pryor, Rockefeller, Salazar, and Webb
2. Two amendments that require 60 votes to pass
   • Specter #5059 (2 hours) directs the District Court to dismiss the cases if it finds either that the surveillance was within statutory bounds, or was constitutional
     REJECTED July 9, 2008 at 12:34, on a 37-61 vote (guessed 41-53)
     DEM NAY votes: Bayh, Carper, Feinstein, Inouye, Johnson, Landrieu, Lieberman, Lincoln, Mikulski, Nelson (FL), Nelson (NE), Pryor, Rockefeller, and Salazar
     GOP AYE vote: Specter
   • Bingaman #5066 (1 hour) to stay District Court proceedings pending the outcome of an investigation by the Office of the Inspector General
     REJECTED July 9, 2008 at 12:54, on a 42-56 vote (guessed 41-53)
     DEM NAY votes: Bayh, Carper, Conrad, Inouye, Landrieu, Lieberman, Nelson (NE), and Rockefeller
     GOP AYE vote: Specter
3. Cloture vote on passage of H.R.6304, as amended (cloture motion filed Thursday, June 26) (60 minutes of debate)
   PASSED July 9, 2008 at 14:44, on a 72-26 vote (guessed 69-22)
   DEM AYE votes: Baucus, Bayh, Biden, Carper, Casey, Conrad, Dorgan, Feinstein, Inouye, Johnson, Kohl, Landrieu, Lieberman, Lincoln, McCaskill, Mikulski, Nelson (FL), Nelson (NE), Obama, Pryor, Rockefeller, Salazar, Webb and Whitehouse
4. H.R.6304, as amended (if amended)
   PASSED July 9, 2008 at 15:06, on a 69-28 vote (guessed 68-22)
   DEM AYE votes: Baucus, Bayh, Carper, Casey, Conrad, Feinstein, Inouye, Johnson, Kohl, Landrieu, Lieberman, Lincoln, McCaskill, Mikulski, Nelson (FL), Nelson (NE), Obama, Pryor, Rockefeller, Salazar, Webb and Whitehouse

Not voting: Senators Kennedy and McCain. Senator Sessions was absent from the vote on final passage.

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14:30: GOP obstruction. Energy prices, H.R.4040 - CPSC conference report [passed 7/31], LIHEAP, Press Shield, DOD authorization and appropriations. GOP obstruction.

15:10: Senator Specter on Judge Walker's opinion in the al Haramain case (holding that the courts ruling on a FISA-based claim can pierce state secret, but only if a plaintiff first shows, without resort to state secret, that he was under government surveillance). He has the opinion entered into the record. Senator Specter focuses on the "exclusive means" aspect of the opinion, but all of that is irrelevant if a plaintiff is unable to get in the door in the first place.

Judge Walker's opinion will also be useful to immunity proponents, and I expect the opinion to be deliberately misconstrued as "letting a plaintiff leak state secrets," and as so misconstrued, being a reason to get the cases out of court.

At any rate, Senator Specter says that it is unseemly to take the case out of court, just as the final result is about to be rendered. He reiterates his objections to retroactive immunity, offers some methods of probing the government's surveillance conduct without exposing the telecoms to financial loss (substitution), and otherwise pontificates on possibilities that will evaporate in the wake of tomorrow's votes. The FISA show is over folks, time to move on.

--- 16:46 ---

Senator Reid pushes the votes on FISA out to Wednesday. The debate on amendments will be conducted on Tuesday. Debate on final passage to start at 9:30 a.m. Wednesday, with voting on amendments predicted to start around 11:15 a.m. on Wednesday. This is a reaction to Senators wanting to be at Senator Helms' funeral in North Carolina.

The 5:30 p.m. cloture vote tonight will be kept open, even though the vote won't be close, because some Senators may be delayed in return to Washington due to air traffic delays caused by storms in the midwestern United States.

---===---

18:39: The first of two motions to invoke cloture on final passage of H.R.3221 - Housing Bailout, was PASSED on a 76-10 vote [Motion to Invoke Cloture on the Motion to Concur in the Amendments of the House, Striking Title VI through XI]

Late voters: Salazar @18:29, Allard @18:38

---

Tuesday, July 8, 2008

A curious notice in passing - this is the first time I have seen a cloture motion to limit debate on the subject being filed BEFORE the subject was taken up, although Riddick's Rules of Senate procedure indicate the event is not unprecedented.

As for timing, this UC agreement was entered into [about 2 seconds] before the cloture motion was filed ...

That it be in order to file the cloture motion on the bill at any time prior to the cloture vote

Thursday, June 26: We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move to bring to a close debate on H.R. 6304, the FISA Amendments Act of 2008. E. Benjamin Nelson, John D. Rockefeller, IV, Thomas R. Carper, Mark L. Pryor, Bill Nelson, Dianne Feinstein, Robert P. Casey, Jr., Barbara A. Mikulski, Claire McCaskill, Kent Conrad, Daniel K. Inouye, Mary L. Landrieu, Joseph I. Lieberman, Sheldon Whitehouse, Evan Bayh, Ken Salazar.

As of this morning, H.R.6034 (FISA) has not been taken up (the motion to proceed has not been adopted), but the cloture motion to limit debate on the bill if/after it has been taken was filed almost two weeks ago.

I believe today is a no-vote day. Votes on FISA will occur tomorrow, with passage of the bill to be completed by 1:00 p.m. or earlier.

---===---

10:04: Senator Reid describes debate and voting schedule on FISA, with 105 minutes of debate time to be left over for tomorrow. If voting on FISA isn't done by the time the GOP caucus time comes around, the last vote or two will be done "after lunch" tomorrow.

Portending some future action, H.R.6377 - Energy Markets Emergency Act of 2008, is read the second time, and will be placed on the calendar.

---===---

10:06: Senator Coburn and Lieberman will read the Declaration of Independence into the record. That's the start of a quaint tradition. Interesting that the Declaration of Independence is ultimately a Declaration of a human right to conduct violent revolution against the government.

---===---

11:30: The motion to proceed to H.R.6304 is adopted.

Senator Cardin already spoke on the subject (he will vote against the bill if Title II remains in), and Senator Feingold follows. Senator Specter after that. Senator Rockefeller after that.

Senator Specter rebuts Senator Rockefeller's misrepresentation of the immunity provisions, as well as Senator Rockefeller's misrepresentation that "Congress has been informed all along."

Short speech by Senator Boxer, followed by Senator Bond, and into the party caucus luncheon at 12:30.

Judge Walker's al Haramain opinion and order of July 2 has been incorporated into the debates.

14:15: Back from lunch, Senator Dodd describes time management as to the remaining debate time, with he managing debate on the Specter amendment, and Senator Rockefeller managing time on the Feingold/Dodd and Bingaman amendments.

Senator Bond is going to explain why he believe Judge Walker's al Haramain decision won't be upheld. Heck, it won't be appealed - al Haramain will lose (the case will be dismissed with prejudice), so the government has no reason to litigate further. Disclosure of state secret is well protected because no plaintiff can get over the threshold of showing government surveillance, using non-state-secret evidence.

Senator Bond's objections to Judge Walker's dicta, that FISA represents the ultimate limit of the president's Article II authority, is, I think, based on a misunderstanding. Judge Walker's opinion refers to making a determination as to whether or not FISA has been violated - which is not the same as making a determination that the president has exceeded his Article II power to conduct surveillance for foreign intelligence (not criminal investigation) purposes.

The question is mooted in practice, anyway, because no plaintiff will be able to show, with non-state-secret evidence, that he was under government surveillance.

14:45: Senator Specter is being a busy beaver today. Now he is asking questions of Senator Bond, first complaining about the small number of Senators in the know, so they can be comfortable agreeing to retroactive immunity. Senator Bond says he wishes the government had briefed more Senators, but that even when Committee work is done in public, most Senators aren't well apprised (can't be, because there is too much legislative activity) and essentially vote "in the dark," and "on trust in the Committee."

Senator Specter comes back, that it's not just deliberate unawareness, but that in this case, few Senators are permitted to inquire - and not all of the Committee members had been briefed. He's used all of his time, but goes to his second question. Does Bond know of any case involving a constitutional right, which has been pending for years and is before an appeals court, that Congress has stepped in and taken the case out of the Court?

Senator Bond says the risk isn't financial liability - the risk is the disclosure of the most secretive methods and procedures used by the government, which would result in terrorists (read "the public") could avoid communication intercepts.

15:01: Senator Bingaman up. He will speak for 15, Casey for 5, Levin for 10. Senator Levin inquires if he is free to use those 10 minutes at any time, or if they must be used "in sequence." He may speak anytime this afternoon. Senator Bingaman's #5066 is called up.

---===---

Today's WH Fact Sheet on Retroactive Immunity contains nothing new in the way of arguments.

Senator Rockefeller points to the Senate Select Committee on Intelligence Report accompanying S.2248 as containing sufficient explanation to facilitate concluding that telecoms should not be held to the terms of the FISA statute, for their compliance with orders from the government.

15:39: The quorum clock is running against the Bingaman amendment. Senator Levin is going to be upset if it eats his 10 minutes, after he was told he could talk "anytime this afternoon."

15:44: Senator Leahy - in opposition to the blanket grant of immunity as being an attempt to engineer an outcome in court. He says the public has a right to know who told the telecoms to "break the law." I think that's admitted ... President Bush, AG Ashcroft, WH Counsel Gonzalez.

16:02: Senator Specter calls up his #5059.

16:16: Senator Whitehouse against retroactive immunity.

16:29: Senator Rockefeller - noting that FISA represents a delicate balance, that the House passed it by a wide margin, and that the Senate will pass FISA with overwhelming support. Two out of three ain't bad.

Senator Rockefeller says companies can't be expected to evaluate the constitutionality of orders they are asked to follow. Well hells bells, one of the points of FISA was to give the companies a LAW that they could follow (or not), so they wouldn't have to judge "constitutionality." Now they don't even have to look at the law.

Senator Rockefeller says the al Haramain case is not against the telecoms (i.e., is not an action based on 50 USC 1810), but is rather against the government. That's really a technical call, because if al Haramain wins his case against the government (to determine whether or not FISA was respected or not), then al Haramain would "have a cause of action against any person who committed such violation."

17:19: Senator Warner advocates for telecom immunity. He's pretty much reading the provided script. He likens the telecoms to an all-volunteer military, where secret surveillance on unilateral executive order would not succeed but for the cooperation of the telecoms, and therefore the telecom actions should be applauded, rather than examined for conformity with statute.

Senator Warner switches gears and reminisces about the 55 MPH speed limit, and its impact on conservation. Just a rough estimate, the mileage peak is at about 40 MPH, if Congress is serious about minimizing consumption of energy, in exchange for an increase in consumption of time.

17:32: Senator Specter is unhappy that Senator Warner took time in morning business, and also that there is a UC agreement for 6 speakers who won't be on the subject of FISA, to which Senator Warner says, "Senator Rockefeller said it was okay." Senator Specter then says he thinks time for FISA debate should be allowed for tomorrow, to the extent the non-FISA UC agreement displaces FISA debate. Senator Carper chimes in that amendment debate MUST be used today, and cannot be carried over to tomorrow, and therefore objects to Senator Specter's suggestion.

Senator Carper supports H.R.6304, unamended.

Senator Carper gives a pledge, that he will work with Congress to make further improvements to this and other bills. Heh. Nice pledge. It's probably worth more than the FISA statute is.

---===---

Senator Cochran - his voice reminds me of Mr. Haney in Green Acres. At any rate, he's talking about the Medicare (doc fix) bill.

Senator Stabenow picks up the same (Medicare, not Mr. Haney) ball.

---===---

18:34: Senator Levin on FISA. Then Senator Chambliss, same subject. Then Senator Reid (who has a frog in his throat). I think Senator Reid writes 10 minute speeches to fit 5 minute slots. It's uncommon to hear somebody mumble so rapidly.

19:00: Senator Dodd's turn in the barrel. He's on speed too.

19:50: Senator Reid calls up Housing Bailout (H.R. 3221) and files a cloture motion to limit debate on the last step that amounts to "passage" of Senate amendments to House amendments; then he "fills the amendment tree" to preclude any GOP modification or stall of voting on the House Message (the bill).

19:54: Senator Dodd closes the Senate until 9:30 a.m. tomorrow. Senator Specter gets his "lost" 10 minutes of debate back, to be used tomorrow.

---

Wednesday, July 9, 2008

Vote results will just be input in the list at the top of this post. At some point I'll fill in the names of cross-over voters.

I've been maintaining the Comprehensive FISA Links Page - Congressional Debate and Amendments, if anybody has an urge to look for inconsistencies in position.

Mr. BOND. Mr. President, before the recess I mentioned how the press picked up on the similarities between this bill and the Senate bill [S.2248] and how they kept asking me to help find out the big changes in the bill that no one could find. Well, they stopped asking me that question because they realized there is not much that is significantly different, save some cosmetic fixes that satisfied the House Democratic leadership. ...

... we [this is the administration, DNI McConnell, speaking through Senator Bond] agreed to replace our version of what we call a carve-out from the definition of electronic surveillance [the PAA excluded the interception of international communications from the definition of "electronic surveillance"] said that interception of any communication with their definition of a carve-out which they call construction. Operationally, there is no difference between the two approaches, but we think our approach is more forthright with the American people because we put our carve-out right up front instead of burying it several chapters later in title VII of FISA as they wanted to do.

Why did they do this? I am sure this is not of great moment to anybody here, but let me say that it was clear from negotiations the other side wanted to be able to come out of the negotiations and say: We wrestled the Republicans back to the original definition of "electronic surveillance" in the 1978 FISA Act, but they failed to mention they buried their carve-out deep in this legislation, and it has the same effect.

They also failed to remind folks it was the original language of the 1978 FISA Act that, due to technology changes, got us into this mess in the first place.

Last year, when the DNI first asked us to modernize FISA, he requested we create a technology-neutral definition of "electronic surveillance." I believed then and I still believe we should redefine "electronic surveillance." FISA is complicated enough, and we should be forthright with the American people.

But some other leaders prefer for political reasons to bury construction provisions deep within the bill instead of presenting an upfront, crystal-clear carve-out. One consequence of their approach is that the same acquisition activities the Government uses to target non-U.S. persons overseas will trigger both the definition of electronic surveillance in title I of FISA and the construction provision in section 7.

Essentially, we have agreed to build an unnecessary internal inconsistency in statute as a political compromise. I reluctantly agreed to do this because the DNI and the Attorney General assured us that going for the carve-out now would not create any operational problems for the intelligence community, but we should fix this in the future during less politically charged times.

I think Senator Bond's characterization is fair, as a general matter. H.R.6304 is "smoke and mirrors," and creates an internal inconsistency (when taken in full context, including 18 USC 2511) that the PAA avoided.

The message in Senator Bond's statement is clear and unequivocal. The government considers all international communications to be "fair game" without a warrant, and without any need (as a matter of practice) for prior suspicion. As a matter of law, any and all international communications can be suspected of containing foreign intelligence information.

---===---

09:35: Senator Reid says about 2 hours of debate, with voting to start at 11:15 to 11:30. All the votes are important, none of them will be very close (Senator Reid predicts). If the vote is close, Senator Reid will hold the vote open - but he urges the Senators to be in the chamber for timely votes.

Senator Reid sets the order of voting as Dodd, then Specter, then Bingaman. This sets up the ability of a Senator to vote against Dodd, on the rationale of favoring either the Specter or Bingaman amendment. I've noted that the order of votes that most favors Dodd is to conduct that vote last of the three amendments.

---===---

On disposition of FISA, he asks UC to move to the motion to proceed to 6331 [Medicare (doc fix)], with a 4:30 cloture vote, followed by an immediate vote on final passage.

... if cloture is invoked on the motion to proceed to H.R. 6331 ... to extend expiring provisions under the Medicare Program ... all post-cloture time be yielded back, the motion to proceed be agreed to, and the Senate proceed to the consideration of the bill, that the bill be read a third time, passed, and the motion to reconsider be considered made and laid upon the table, without further intervening action or debate.

Ordered further, That if cloture is not invoked, then the motion to proceed be withdrawn and the bill returned to the calendar.

Short version: final passage of H.R.6331 will be determined this afternoon, with 60 votes being required in order to obtain final passage.

---===---

09:40: Senator McConnell argues that holding telecoms to follow the law will discourage cooperation. The only rational response to that is to eliminate the laws that facilitate holding the telecoms accountable. Where is the call for repeal of 50 USC 1809 and 1810? Oh, there is none? Heh. Smoke and mirrors.

10:11: Senators Rockefeller and Bond enter a colloquy into the record, on the definition of "electronic communication service provider." [The colloquy reinforces that the term is to be construed, by courts, very broadly, and "was intentionally drafted to encompass the full spectrum of entities being sued in a covered civil action"]

Also entered without being spoken, a statement of Senator Feinstein. [Explaining why she strongly supports this bill, in part because "This bill ends warrantless surveillance." Also recapitulating (and overstating the effect of) Judge Walker's opinion that FISA represents a Congressional attempt to define "exclusive means" of acquiring foreign intelligence from people in the US]

Also entered without being spoken, and without spoken notice of being entered, statements by:

Senator Biden [against the bill]; an incoherent section that refers to Rockefeller's bill sunsetting in 6 months and indicating disgust, but support (I think this was part of Biden's submittal to the clerk, for printing in the Record);

Senator Byrd [against the bill - "It will bring an everlasting mark of infamy on the present generation, enlightened as it is, if we should suffer [The liberties of our country, the freedom of our civil Constitution] to be wrested from us by violence without a struggle, or to be cheated out of them by the artifices of false and designing men.]

Senator Clinton [against the bill because the FISC oversight of executive surveillance of Americans is not substantive, and because Senators are casting uninformed votes on immunity.]

Senator Reed [against the bill - "In good conscience, I could not simply trust with blind faith"]

11:54: Voting starts on the amendments. Voting will be in the order of Dodd, then Specter, then Bingaman. The Dodd amendment (strip immunity) was rejected at 12:16, on a 32-66 vote. Voting started on the Specter amendment at 12:20, and concluded at 12:34. The Specter amendment was rejected on a 37-61 vote.

12:38: Senator Reid announces that the cloture vote on final passage, and the vote on final passage, will start at about 2:15 this afternoon. Voting starts on the Bingaman amendment just before 12:39, and the amendment is rejected on a 42-56 vote at 12:54. Into recess until 14:15.

14:44: Cloture was invoked on passage of H.R.6304, on a 72-26 vote. The bill passed on a 69-28 vote, at 15:06. The Senate skipped the usual self-aggrandizing congratulatory activity.

I believe most of the Senators practiced "willful blindness" on this vote, and will claim "I was ignorant of the extent of snooping, and shouldn't be held accountable," if and when the public becomes outraged.

As a procedural matter, being "uniformed" or inadequately informed is the legitimate justification for casting a NO toward the limited debate that follows from invoking cloture. If a Senator isn't informed enough to cast a principled vote (either way), then that person has a DUTY to say "I'm not ready to vote yet." No off the hook for willful blindness, not when the procedural tools are available, and in this case, USED.

On the bright side, keep in mind that FISA law is worthless anyway. It isn't meant to be followed (wink wink). When it isn't followed (which happens in secret, and WILL happen against the H.R.6304 "broadened surveillance power granted by Congress" as the government perceives or imagines a domestically-located threat), Congress has shown that it is willing to adjust its statutory charade. Meanwhile, H.R.6304 can serve its purpose of fooling people into a false belief about the extent of "lawful surveillance."

The actual extent of warrantless surveillance will be whatever each executive finds to be an Article II power. If the secret warrantless surveillance is never used in court, then "the surveillance isn't happening," as a matter of law.

---===---

The Senate is now on to H.R.6331 - Medicare (doc fix), and I am on to baseball. The Senate can kiss my ass.

H.R.6304 has been presented to President Bush.

16:35: Cloture on passage of H.R.6331 - Medicare (doc fix ala DEM), was PASSED on a 69-30 vote.

The bill passed per UC (no separate vote required).

"That was a little drama," says Senator McCaskill, as presiding officer. Referring, I think, to the fact that Senator Kennedy was in the Senate chamber and cast a vote to invoke cloture and pass H.R.6331.

16:37: Senator Sessions is back (he missed the FISA vote - and announces he would have voted AYE)

16:41: Senator Hutchison remarks on the return of Senator Kennedy to the chamber (he was in the chamber to vote on the Medicare bill). Senator Hutchison then complains that the Senate was not given the opportunity to debate Medicare (but she voted for it anyway).

17:10: Senator Reid tried to obtain a UC agreement to debate and vote on S.2731 - Lantos/Hyde HIV/Aids Tuberculosis Malaria Act. Senator Kyl objected at the restrictive debate schedule. Senator Reid filed a cloture motion to overcome the objection, with the cloture vote to occur Friday, unless the GOP agrees to conduct it tomorrow.

18:20: Senator Reid closes down the Senate until 9:30 a.m. tomorrow (in recess). The Senate will work on Housing Bailout tomorrow.

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Thursday, July 10, 2008

Comments have been added below "10:11" above, summarizing material entered into the record without being spoken. Editorial adjustments were made at "14:44."

09:45: Senator Reid says that if cloture is not invoked on H.R.3221 - Housing Bailout, the bill will be set aside. Senator DeMint is named as the GOP Senator who is objecting to the manager's package, which is part of taking up and passing the Housing Bailout bill.

S.3236 - More Medicare, put on the calendar.

09:50: Senator McConnell says the Senate should be working on the number one priority, energy prices; and that the Senate should take up GOP-prepared base legislation that gives states the option to explore the outer continental shelf, and otherwise encourages domestic exploration and production.

Senator Reid comes back, agrees that energy and gasoline prices are a big issue; and is happy that the GOP has dropped insistence on exploiting ANWR. Just the same, he does not think the US can become energy independent on minerals, and that oil companies should explore and develop existing leases, including in the Gulf of Mexico - and that it should be forbidden to export any oil found in the US. He thinks the oil futures/speculation activity needs closer regulation, and the DEMs are working on new legislation in that regard. He urges that the US would begin to tap the strategic petroleum reserve.

09:55: The Senate takes up one hour of debate preceding the cloture vote on passing Housing Bailout back to the House, as amended by the Senate.

10:18: Senator Sessions is wrapping up a speech that advocates expanding nuclear power. Senator Cornyn points to a need for action on the Colombian Free Trade Agreement, judicial nominees, and energy prices.

11:21: The second of two cloture votes to limit debate on final passage of H.R.3221 - Housing Bailout, was PASSED on a 84-12 vote. [Motion to Invoke Cloture on the Motion to Disagree to the Amdts. of the House, Adding a New Title and Inserting a New Section]

Senator Webb is heard saying, "Where's my little gavel here?"

The Senate shifts to executive session with 2:00 p.m. votes on the nominations of Petraeus and Odierno. With regard to S.2731 - Lantos/Hyde HIV/Aids Tuberculosis Malaria Act, Senator Reid says he's open to conducting the cloture vote on the motion to proceed either this afternoon (which is "early" under the rules), or tomorrow.

12:51: Senator Grassley says the AMT is a "stealth" tax, in that the law doesn't accurately summarize the marginal tax rate. That's BS. The law is the law - follow it, and the tax pops out the other end. If AMT applies, it applies. Congress passed it - it's the law, it's not stealth. Likewise for itemized deductions and personal exemptions, none of that is stealth, it is all transparent.

14:46: General Patraeus's new commission was confirmed on a 96-2 vote, and General Odierno's was confirmed on a 96-1 vote. Feinstein was a late voter. The Senate resumes legislative session, and goes into quorum call.

23:22: Senator Reid breaks the quorum call. He claims his slurring of words isn't due to imbibing of alcohol. One Senator is insisting on 30 hours of post-cloture time on Housing Bailout, which forces that vote to be taken no sooner than 5:21 p.m. tomorrow. Now THAT's how to force delay.

Senator Reid asks for a vote on the Hyde/Lantos "Global Aids" bill at 5:30 p.m. Monday - objection by Senator DeMint, voiced by Senator Kyl. Senator Kyl hopes the bill can be completed next week, including opportunities to offer, debate and vote on amendments.

Senator Reid propounds a UC request that has the cloture vote on the motion to proceed to Global AIDS taking place tomorrow, immediately after voting on Housing Bailout, and that all post cloture time be deemed expired, and the motion to proceed to Global Aids be adopted on Monday. There is no objection.

23:35: Senator Durbin closes the Senate until Friday 3:30 pm. Two votes tomorrow. First to pass Housing Bailout, then on limiting debate on a motion to proceed to Global Aids.

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Friday, July 11, 2008

15:33: Senate opens. A cloture vote is scheduled for 5:21 to limit the last leg of debate on the Housing Bailout. After that, a cloture vote to limit debate on the motion to proceed to the Lantos/Hyde HIV/Aids Tuberculosis Malaria Act. Senator Reid looks for the velcro "Republican Filibuster" chart, and accuses the Republicans of stealing it. The number is up to 82.

16:18: Senator Levin on energy, and then on absence of an Iraq national hydrocarbon legislation and an absence of consistent US policy on facilitating hydrocarbon exploitation in Iraq. He enters a number of letters into the record (probably a good read).

17:41: H.R.3221 - Housing Bailout, was PASSED on a 63-5 vote. Back to the House.

Senator Reid propounds a UC request. Monday, all post cloture time (on HIV/AIDS) be expired, Biden/Lugar substitute amendment, a number of amendments at 60 vote thresholds. Senator Reid says "I'm reading as fast as I can" as he goes through 10 amendments with brief descriptions, and the steps leading to putting the bill into the vehicle of H.R.5501 to be sent to the House. There is no objection.

Senator Menendez makes an inquiry as to whether or not an objecting Senator has to be present in order to voice objection, and notes that the Senator who objected to shortening the 30 hours of post cloture time on the last Housing Bailout vote was not present to vote. The Senate erupted in boos. They do not like being held over on Fridays.

18:05: The cloture motion on the motion to proceed to the consideration of S.2731 - Lantos/Hyde HIV/Aids Tuberculosis Malaria Act, was PASSED on a 65-3 vote.

Into quorum call. Senators can start the weekend now. I'm recalling Senator Reid's comments in June, that Mondays in July would include voting.

18:33: S.1046 passed with Voinovich amendment.
H.R.4289 passed.
H.Con.Res.236 passed.
S.Res.610 passed.
S.Res.576 passed with an amendment.
S.3257 given a first reading.

18:38: Adjourned until 2:00 p.m. Monday. Then to HIV/AIDS (PEPFAR). He hopes this to be finished next week. He hopes that the past month, with Republicans and Democrats not getting along, is somewhat smoothed over with recent passage of Medicare, FISA.

No votes on Monday (LOL). Will be votes on Tuesday Morning.

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Monday, July 14, 2008

I checked to see if the DNC filed it's complaint against Senator McCain, on his public financing violation. It did, on June 24th. The complaint may be viewed at http://www.fec.gov/law/litigation/dnc_08_2_complaint.pdf. [DC District Court Case No. 1:08-cv-01083]

The suit asks the District Court to order the FEC to answer the DNC complaint within 30 days (of the Court order), and that if the FEC doesn't do so, that the DNC may ask the District Court to remedy the violations of the primary campaign public financing rules and statute.

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Tuesday, July 15, 2008

President Bush vetoed Medicare, H.R.6331, and the Senate conducted a veto override vote.

18:23: President Bush's veto of H.R.6331 - Medicare (doc fix ala DEM), was OVERIDDEN on a 70-26 vote. (Kennedy, McCain, Obama, and Warner did not vote)

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Wednesday, July 16, 2008

H.R.5501 - Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008 (PEPFAR),, was PASSED on a 80-16 vote. (Kennedy, McCain, Obama, and Warner did not vote)

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Thursday, July 17, 2008

An interesting foreign parallel with FISA is reported by JURIST: "Sweden legal group files challenge to wiretapping law with ECHR" (European Court of Human Rights)

The JURIST article includes a link to a July 1, 2008 decision by the European Court of Human Rights that struck down the use of non-public keywords to conduct communications surveillance, as an impermissible government invasion of personal privacy.

Paragraph 43 of the decision describes a surveillance regime comprising five steps.

1. A broad warrant describing physical international communications links to be intercepted ("for example, 'all commercial submarine cables having one terminal in the UK and carrying external commercial communications to Europe'. All communications falling within the specified category would be physically intercepted.")
2. A certificate generally describing categories of communications to be extracted from the intercepted communications ("for example, 'national security', 'preventing or detecting serious crime' or 'safeguarding the economic well-being of the United Kingdom'")
3. Keyword searching, using keywords selected by the snooper without judicial oversight or publication
4. Minimization rules
5. Dissemination rules

45. ... [The UK plaintiffs] submitted that it would not compromise national security to describe the arrangements in place for filtering and disseminating intercepted material, and that detailed information about similar systems had been published by a number of other democratic countries, such as the United States of America, Australia, New Zealand, Canada and Germany. ...

There was no legal material in the public domain indicating how the [UK] authorities' powers to select, disclose, use or retain particular communications were regulated. The authorities' conduct was not "in accordance with the law" because it was unsupported by any predictable legal basis satisfying the accessibility principle.

69. In conclusion, the Court does not consider that the domestic law at the relevant time indicated with sufficient clarity, so as to provide adequate protection against abuse of power, the scope or manner of exercise of the very wide discretion conferred on the State to intercept and examine external communications. In particular, it did not, as required by the Court's case-law, set out in a form accessible to the public any indication of the procedure to be followed for selecting for examination, sharing, storing and destroying intercepted material. The interference with the applicants' rights under Article 8 was not, therefore, "in accordance with the law".

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Saturday - July 19, 2008

[Wednesday, June 18] Mr. REID ... While we have a good attendance in the Chamber, during July, there are no Monday no-vote days. In July, we are going to work all the work period. We also have a weekend that we have scheduled that we are going to be in session, [Friday] July 25 we are going to be in session. Everyone has a lot of notice now to not plan anything for that weekend.

[Friday, June 27] Mr. REID ... There will be no rollcall votes today. The next vote will occur at 5:30 p.m., Monday, July 7. That vote will be on the motion to invoke cloture on the motion to concur with respect to the housing reform legislation.

05:34 PM Monday, July 7: Roll Call Vote #163 [14 Not voting]

[Friday, July 11] Mr. REID ... We will have no votes on Monday [July 14]. We will have some votes Tuesday morning.

[Thursday, July 17] Mr. NELSON of Florida. Mr. President, there will be no rollcall votes on Monday [July 21]. The next vote will occur Tuesday morning. That vote will be on the motion to invoke cloture on the motion to proceed to the energy speculation bill.

[Monday, July 21] Mr. REID As Senators have known now for well more than a month, we are going to work this weekend. We have work to do this weekend. Exactly what we will be doing depends a lot on what happens during the week ...

Plans for the week: Energy speculation, LIHEAP ... [package of critical bills that have passed the House] Emmett Till Unsolved Crimes bill, Runaway and Homeless Youth bill, Combating Child Exploitation bill (establishes an Internet Crimes Against Children Task Force), Lou Gehrig registry, and the Christopher and Dana Reeve Paralysis Act.

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Monday, July 21, 2008

A do-nothing day, on the subject of the motion to proceed to the consideration of S.3268 - Stop Excessive Energy Speculation Act of 2008. A cloture vote to limit debate on the motion to proceed is set up for tomorrow morning.

---===---

17:58: Senator Coburn is winding up a barn-burner of a speech, railing against Congress and its spendthrift ways; Congress and it's habit of legislating in private (behind the public's back); and against the majority's practice of limiting debate via "the hotline process." But, notes Senator Coburn, a hold doesn't set what comes up in the Senate - the majority leader's priorities can overcome any hold.

18:42: After a period of half an hour or so of quorum call, Senator Coburn comes to the floor, announces that he is holding in his hands the Senator Reid bill that he previously described, and says "Madam President, I have in my hand the bill Senator Reid just filed. There is no CBO score with this, and I object to the introduction of this bill." This is different from objection to a motion to proceed. This is objection to the mere introduction of a bill.

Riddick's pages 235-237 describes the ramifications. Introduction is postponed for 1 legislative day, but the bill may be introduced as a matter of right during morning business on the next legislative day (See Senate Rule XIV and Rule VII).

18:50: Senator Durbin performs the usual ritual that accompanies passing a bill without notice, and voila, S.901 - Health Centers Renewal Act of 2007 is through the Senate and off to the House.

18:55: Senator Durbin announces that the cloture vote on the motion to proceed to S.3268 - Stop Excessive Energy Speculation Act of 2008 is scheduled for 11:15 a.m. tomorrow; and then he adjourns the Senate for the night. Business is to resume at 10:00 a.m. Tuesday. Senator Reid will be steamed that Senator Coburn objected to the introduction of Reid's omnibus bill.

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Tuesday, July 22, 2008

For anybody following the "Bill Gertz must testify" case (where the government interest appears to be the same as the reporter's interest, to shield the identity of the government leaker), plaintext of the government's sworn declaration, unsealed yesterday.

Government Declaration re: Bill Gertz's Reporter Privilege [Doc 757-2]

---===---

Some factoids and accusations from Senator Coburn's speech on July 21:

• From 1912 to 1972, only five times in the U.S. Senate was cloture invoked. [There was no such thing as cloture before 1917 -- brief history of "the cloture rule" below.]
• It is the Willie Sutton phenomenon. He robbed banks because that is where the money is. People drill where the oil is.
• It would be surprising to most people where we get most of our oil drilling rigs today. Most people do not realize China produces most of them.
• I have sent two letters to the prime author of [S.535 - the Emmett Till Unsolved Crimes] bill. He has not had the courtesy to answer me once. He held a press conference that impugned I was a racist because I would not let that bill go through. [Senator Dodd's Press Release of June 21, 2007]
• we are going to get a debate this weekend on these 40 bills. We probably won't have done anything significant yet about energy.

Senate Rules from 1789 to 1806 permitted calling the question with a simple majority. See http://rules.senate.gov/history.html, Rule IX. This rule was removed in 1806, and in its place was a requirement to obtain unanimous consent to move to the vote. One objecting Senator could stifle the vote.

The cloture rule was implemented in 1917, on a bipartisan 76-3 vote. (p226). With the concurrence of 2/3rds of the Senators voting, debate would be limited and taking the vote would be set for a time certain.

In 1949, on a 63-23 vote, the threshold was modified to 2/3rds of the Senators duly chosen and sworn. (p229).

In 1959, a 77-22 vote made cloture possible with 2/3rds of the Senators present and voting. (p247). Also, cloture was broadened to include rules changes - this is where the "2/3rds are required to change the rules" rule comes from. The 1959 changes are referred to as the "Johnson (LBJ) Compromise."

In 1975, Senator Pearson introduced a proposal to change the threshold to 3/5ths of Senators present and voting. (p257). That proposal did not pass. In the same year, Senator Byrd's proposed revision to 3/5ths of all Senators passed on a 56-27 vote. (p259).

http://www.law.harvard.edu/students/orgs/jlpp/Gold_Gupta_JLPP_article.pdf

---===---

10:05: Nothing noteworthy in Senator Reid's opening. He asks that S.3297 - America's Priorities. I speculate that this is the omnibus bill that Senator Coburn has openly objected to.

10:07: Senator McConnell's remarks indicate that cloture is not apt to be obtained on the energy speculation bill. He goes through the Senate's history of open debate on recent energy bills, where the debate consumed weeks of time, and contrasts that with the Democratic plan to hustle the speculation bill through in a short time.

Senator Reid reiterates the "GOP as obstructionists" theme. 83 Republican Filibusters - and counting ...

Senator Reid states that he is willing to give the GOP a vote on a drilling bill (or amendment), provided there is agreement to proceed to the energy speculation bill. That ought to change the cloture vote on the motion to proceed from rejection to adoption.

11:27-11:50: The motion to limit debate on the motion to proceed to S.3268 - Stop Excessive Energy Speculation Act of 2008, was ADOPTED on a 94-0 vote.

19:31: Senator Brown adjourned the Senate until 10:00 a.m. tomorrow. The subject remains the motion to proceed to the consideration of S.3268 - Stop Excessive Energy Speculation Act of 2008.

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Wednesday, July 23, 2008

10:35: Senator McConnell's asserts that a "speculation only" bill won't reduce the price of a barrel of oil, and he cites various reports, analyses and experts for support. He advocates the GOP alternative, "Gas Price Reduction Act." He says the price of energy has to be fixed by legislation.

The DEM proposed legislative process has a paucity of opportunity for amendment. Senator Gregg indicates that the Senate should entertain an amendment to subsidize or otherwise encourage oil shale, rather than just lifting the Congressional moratorium on offshore drilling.

Senator Kyl delivers backhanded derision to the DEM proposal to pit two bills, each with 60 vote margins (each being a "party position") against each other, with the end result being neither bill passes.

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Friday, July 25, 2008

The motion to limit debate on S.3268 - Stop Excessive Energy Speculation Act of 2008, was REJECTED on a 50-43 vote.
GOP AYE Votes: Collins and Snowe.

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Saturday, July 26, 2008

H.R.3221 - Housing Bailout (back from the house), was PASSED on a 72-13 vote. Off to President Bush.

The motion to limit debate on the motion to proceed to S.3186 - Warm in Winter and Cool in Summer Act (LIHEAP), was REJECTED on a 50-35 vote.
GOP AYE Votes: Coleman, Collins, Smith, Snowe, and Sununu.

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Sunday, July 27, 2008

Pro forma session today.

Still pending, S.3268 - Stop Excessive Energy Speculation Act of 2008.

At 3:00 p.m. on Monday, July 28, 2008, the Senate will resume consideration of the motion to proceed to S.3297 - a bill to advance America's priorities, and the time until 4:00 p.m. will be equally divided between the two Leaders or their designees. At 4:00 p.m., the Senate will vote on the cloture motion on the motion to proceed.

Mr. REID. Mr. President, pursuant to rule XLIV of the Standing Rules of the Senate, I hereby certify that, to the best of my knowledge and belief based upon information provided to me by the committees of jurisdiction, S. 3297 does not contain any congressionally directed spending item, limited tax benefit, or limited tariff benefit, as those terms are defined in rule XLIV.

There are no tax or tariff provisions in the bill whatsoever. Nor do I believe the bill contains any "congressionally directed spending items" which rule XLIV defines as "a provision or report language included primarily at the request of a Senator providing, authorizing, or recommending a specific amount of discretionary budget authority, credit authority, or other spending authority for a contract, loan, loan guarantee, grant, loan authority, or other expenditure with or to an entity, or targeted to a specific State, locality or Congressional district, other than through a statutory or administrative formula-driven or competitive award process."

To clear up any misconceptions, the bill provides only authorizations--enactment of the bills would have no effect on the Federal budget deficit or debt. As the nonpartisan CBO stated in a letter regarding S.3297, "By themselves--that is, in the absence of subsequent legislation--those authorizations [in S.3297] do not cause changes in Federal spending or revenues."

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Monday, July 28, 2008

15:05: Senator Reid propounds a UC agreement on the energy (speculation plus) legislation (S.3268), but with 60 vote thresholds and a limited number of amendments. Senator McConnell is pleased by the motion, but before he can object, Senator Reid withdraws the UC request.

Senator Reid offers a second UC agreement, to keep the energy bill pending, notwithstanding invoking cloture on the motion to proceed to what he calls "the Coburn package," which is S.3297 - a bill to advance America's priorities. Senator McConnell mistakes the request as one that will move OFF the subject of energy, and objects.

Two roll call votes are in the works, a live quorum (per the cloture rule) just before the cloture vote on the motion to proceed to "the Coburn package."

16:27: The live quorum passed 87-3. On to the cloture vote on the motion to proceed to "the Coburn package."

17:00: The motion to limit debate on the motion to proceed to S.3297 - a bill to advance America's priorities ("the Coburn package"), was REJECTED on a 52-40 vote.
GOP AYE Votes: Coleman, Smith and Warner

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Tuesday, July 29, 2008

Senator Stevens was finally indicted, on allegations of taking undisclosed bribes gifts (cough cough). The indictment was brought in the District Court of the District of Columbia. The charge is basically "false statements" (lying on Senate financial disclosure reports - not income tax evasion). I doubt Scooter Libby defenders will defend Stevens on the same grounds -- that until there is proof of the elements of an underlying crime, lying to authorities is "understandable defense against being framed."

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Wednesday, July 30, 2008

The motion to limit debate on the motion to proceed to S.2035 - Free Flow of Information Act of 2007 [Press Shield/Privilege], was REJECTED on a 51-43 vote.
GOP AYE Votes: Collins, Lugar, Smith and Specter

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Thursday, July 31, 2008

The motion to limit debate on the motion to proceed to S.3001 - National Defense Authorization Act for Fiscal Year 2009, was REJECTED on a 51-39 vote.
GOP AYE Votes: Collins, Dole, Smith, Snowe, and Warner

Says the GOP, "the number one priority is the high price of gasoline."

Democratic leadership objected to passing the Emmett Till Unresolved Civil Rights Crime Act, S.3344, the Protecting Children from Pornography and Internet Exploitation Act of 2008 [Democrat sponsor Senator Dodd was in favor of passing this bill standing alone], S.3344, titles I and IV [the PROTECT Act and the SAFE Act - Democrat sponsor Senator Biden was in favor of passing this bill standing alone], and subtitle D of S.3297, the Effective Child Pornography Prosecution Act. The Democratic leadership insists on passing a package of 35 or so bills as a bundle, and rejects any offer to pass a popular/non-contentious measure unless the contentious measures are also passed.

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Friday, August 1, 2008

Just another "do nothing Friday."

Senator Coburn added material to the Record, on the Emmett Till Unresolved Civil Rights Crime Act, and the desire of one of its determined advocates, Mr. Alvin Sykes, to have the bill passed as amended.

Pro forma sessions, all in recess continuing legislative day August 1st, were set-up as follows:

• Tuesday, August 5, at 10 a.m.
• Friday, August 8, at 11 a.m.
• Tuesday, August 12, at 2 p.m.
• Friday, August 15, at 10 a.m.
• Tuesday, August 19, at 9 a.m.
• Friday, August 22, at 10 a.m.
• Tuesday, August 26, at 2 p.m.
• Friday, August 29, at 2 p.m.
• Tuesday, September 2, at 12 p.m.
• Friday, September 5, at 9:30 a.m.

When the Senate completes its pro forma session on Friday, September 5, the Senate will stand adjourned until 3 p.m. on Monday, September 8.

---===---

Text of Seven Count Indictment against Senator Stevens

Groundhog Month (Again) - Then Recess (Again)

June 10: The first cloture motion to limit debate on the motion to proceed to H.R.6049 - Renewable Energy and Job Creation Act of 2008, was REJECTED on a 50-44 vote.
GOP Aye votes: Corker, Smith and Snowe

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June 16

14:10: The redo cloture vote is scheduled for 5:30 p.m. this afternoon.

Senator Reid spoke on the subject of energy prices, and that the second income in their household only pays for fuel and food, and they are unable to save enough money to prepay their children's' college education. Of course, this is the president's fault.

If the country just follows Democratic lead on legislation, all these ills will be cured.

Senator McConnell spoke on the demise of Tim Russert.

---===---

Even UC agreements aren't worth the paper they're printed on ...

UNANIMOUS CONSENT AGREEMENTS
H.R. 6049 (ORDER NO. 767)

1.--Ordered, That upon the conclusion of Morning Business on Monday, June 16, 2008, the Senate resume consideration of the motion to proceed to H.R. 6049 ... that the cloture vote on the motion to proceed to H.R. 6049 occur at 5:30 p.m. on Monday, June 16, 2008.

17:53: Senator Whitehouse closes the Senate. It stands adjourned until 10:00 a.m. tomorrow.

It will resume consideration of H.R.6049 with time until 12:30 being equally divided. The Senate will conduct the cloture vote on the motion to proceed to H.R.6049 at 2:15 p.m.

---

In the wake of Boumediene, posted elsewhere on our form of government in general ...

-- Legislatures write laws and courts interpret the laws as written. --

Was Marbury v. Madison wrongly decided? At some point, and there is a wide range of opinion on exactly where this occurs, statute and constitution in fact diverge in a way that represents a conflict between the two -- both written.

"Common law" is an assertion by a court that it's entitled to make certain species of law out of its own accord. "Common law" is part and parcel of our form of government. Habeas is part of that.

While I find many SCOTUS decisions inimical to my sense of the way things ought to be, I recommend caution in cutting the third branch too short.

---

-- It [the Boumediene decision] has to be complied with unless and until it's overridden, either by constitutional amendment (which ain't gonna happen) or by a change in the membership of the Court (which might). --

Theoretically, and maybe even practically (depending on how much gumption Congress has - I'm not holding my breath) the Boumediene decision holds open the route of adequate [statutory] substitute for habeas.

---

-- a flood of habeas corpus petitions around the United States, with dozens of federal district judges then suddenly finding themselves obliged to undertake the creation and supervision of a system to resolve these detainees' fates. --

Disambiguate that a bit -- I'm reluctant to mount an argument one way or the other, other than to note Justice Kennedy's comment about the power of the courts to focus certain classes of cases as a matter of judicial efficiency.

---

-- I fully expect that, as part of that process, some who are genuinely guilty will nevertheless go free --

Any of the reverse?

I fully expect the courts to entertain ex parte in camera hearsay evidence.

Some seem to think the courts are adversarial as against the executive, and that's a conceptual step that I am not ready to take, in the realm of warmaking. Are the courts contrary? Of course, they just said "no." But there is a difference between disagreement and adversary.

---

-- Do you really think I'm "cutting the third branch too short" because I object to this Supreme Court decision? --

I think it's a mistake to view the Court as an adversary, if its demands can be reasonably accommodated.

---

-- I'm concerned that this decision is frustrating the ability of the President and Congress to conduct the war on terror when, historically, the court has exercised restraint regarding the war powers. --

Being held to account is always frustrating.

And there is always tension between "war" (no check on the warrior) and regular order.

I suggest a steely-eyed reflection of a world where Congress and the executive wage war with -NO- SCOTUS to temper the stew - that is the logical result of "SCOTUS has no business here, except to agree."

---

-- There's simply nothing in the Boumediene majority opinion which identifies as being "key" or "crucial" any particular differences between the process due to the detainees under the Military Commissions Act, and that which would be due to them were they citizens of the U.S. accused of crimes in our civilian courts. --

I predict that the District Courts will find substantial space between those two extremes.

The Courts could accept the procedures and conclusions of the CSRT, provided only the additional concession that the court be permitted to view the evidence in camera and ex parte.

IOW, I trust the District Courts to (in the lawyer-driven process) consider more "law" than is expressed in the Boumediene decision standing alone. The fact that the Boumediene decision is incomplete and therefor "uncertain" in details does not mean that the process of dealing with POW/criminal/wannabe as a whole is all unplowed ground.

---

C-SPAN 2 indicates that the House will be taking up FISA this week. That fits the rumors.

--- June 17 ---

10:12: Senator Reid asks UC to take up the House-passed Unemployment Compensation bill, H.R.5749, and pass it without debate. Senator Kyl objects, and says that the Senate needs to weigh in, and in particular, that the GOP objects to the waiving of the 20 week work requirement.

Senator Reid says the Democrats are willing to amend the bill accordingly. Senator Kyl says there are additional objections, and that the GOP is seeking opportunity to negotiate.

Senator Reid explains that the delay in the upcoming cloture vote is due to yesterday's harsh weather, and goes on to advocate the taking up and passing of "tax extender," his term for the Renewable Energy and Job Creation Act.

14:27: Senator Leahy and Reid in a colloquy about judicial confirmations. Warming up to invoking what is referred to as the Thurmond Rule. I predict the brakes will be put on HARD, on Circuit Court confirmations, after a few more are confirmed.

Over at confirmthem.com, "Spitting Into a Maryland Wind" contains comments and news on GOP objection to a Judiciary Committee Hearing on the subject of increasing the number of federal judgships to handle a steadily-increasing caseload.

---===---

14:50: The second cloture motion to limit debate on the motion to proceed to H.R.6049 - Renewable Energy and Job Creation Act of 2008, was REJECTED on a 52-44 vote. (predicted 54-39 rejection)
GOP Aye votes: Coleman, Collins, Corker, Smith, Snowe

Reid voted NO in order to enter a motion to reconsider. The result is better viewed as 53 AYE votes, still well short of the 60 votes needed to overcome objection to limiting debate.

Senator Reid calls for a brief recess in order to give the members of the Senate an opportunity to meet with the Japanese Prime Minister.

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16:03: Senator Murray on the Boeing/Airbus competition again. The competition where the Air Force either granted or is poised to grant a tanker contract to Airbus.

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17:10: Quorum call for the past hour. C-SPAN2 announcer reports that Senator Rockefeller says the Democratic caucuses of both the House and Senate have enough votes to pass a FISA overhaul that is agreeable to the administration (i.e., one that contains a "get out of court without asserting state secrets" card), over any objection.

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17:47: Senator Leahy doing some of the "closing" activities. Passing a couple of non-contentious Senate resolutions; S.2146 was passed as amended by the House. At 17:51, the Senate adjourned until 10:00 a.m tomorrow. The Senate will resume the motion to proceed to H.R.6049, and will have two hours of morning business starting at 2:30 p.m.

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June 18

[Jun 17] Senator LEAHY ... tomorrow, we expect to be in a position to turn to consideration of the House message to accompany H.R. 3221, the Housing and Economic Recovery Act. We will continue working with colleagues on a way to move forward on this important legislation.

The subject material of H.R.3221 has been bounced all over the place. The version "engrossed by the House" is American Housing Rescue and Foreclosure Prevention Act of 2008. I haven't studied the most recent House amendments, but the WH policy statement of May 6 (contemporaneous with House action) includes a veto threat.

Besides H.R.3221 and the motion to proceed to H.R.6049, I see only a few other items on the short term-horizon:

• The House-passed Unemployment Compensation bill, H.R.5749
• FISA (the House will introduce this - H.R.3773, now in the Senate, is probably dead)
• Confirmation votes for judicial nominees now out of Committee

Noting an odd arrangement for the day, and mindful that the GOP has been cutting off committee hearings using "the two hour rule," I speculate that the Senate day is being arranged to prevent GOP objection to afternoon committee hearings. Rather than have morning business shortly after opening the legislative day, the Senate has scheduled two hours of morning business starting at 2:30 p.m. this afternoon.

---===---

12:00: Senator Murray on the subject of refueling tankers ... again.

14:30: Into morning business - a series of screeches by the Democratic women senators under the banner "Checklist for Change," lead off by Senator Mikulski, followed by Senator McCaskill. I can get on board with a program of oversight of government contracts.

17:01: Senator Reid scheduled the veto-override vote for "the farm bill" to occur at 5:30 p.m. today, following 15 minutes of debate. No news of other planned actions.

May 22: President Bush's veto of H.R.2419 - "the farm bill," was OVERRIDDEN on a 82-13 vote, one senator voted "present." (two-thirds of votes needed to override)

June 18: President Bush's veto of H.R.6124 - "the farm bill redeaux," was OVERRIDDEN on a 80-14 vote (two-thirds of votes needed to override)

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"Boeing wins tanker protest, but drama is far from over" - Seattle Times

"We are vindicated and we're back in the game," said Sen. Patty Murray, who mounted a campaign of constant speeches on the Senate floor aimed at reversing the February contract award.

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18:10: Senator Reid says this has been a difficult week, full of quorum calls and looking for something that the two political parties can work on. He thinks the Senate is ready to proceed to take up the Dodd-Shelby Housing Bill, starting at 9:30 tomorrow, with amendments and votes. The Senate will also work on Friday, but no votes on Monday.

He's planning to complete the Housing bill, "take a run at" FISA (a bill or message is expected from the House), and the supplemental appropriations bill in the short week, next week. These things must be done before the Fourth of July recess, so the Senators can be with their constituents for important parades and so forth.

Senator McConnell echos the schedule plans, and that the GOP will cooperate.

Senator Reid says that Mondays in July will not be "no vote days." And I am Mickey Mouse!

---===---

Senators Rockefeller, Grassley, Leahy, Harkin, Durbin and Reid conferencing. Senator Brown takes the floor to talk on the subject of the administration's economic dialog with China.

18:21: Senator Brown makes the connection that when the cost of doing business is high in one country (in particular speaking on environmental and gas emission regulations in the US), compared with other countries (e.g., China), some companies will close factories in the higher cost country and set up shop in the lower cost country. Brilliant. I wonder why nobody else has figured this out.

---===---

18:45: Senator Salazar shutting down the Senate for the night. H.Con.Res.337, S.Con.Res.91. He starts to say that the Senate stands adjourned until 9:30 a.m., and that it will then move the motion to proceed to H.R.6049 -- OOPS, that's not the right schedule -- quorum call. Gets the story straight and announces that tomorrow the Senate will take up the important Housing Bill and there will be votes, then adjourns the Senate at 18:49.

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This is amazing. An affiliate of Blackwater arguing to be judged under Sharia law, for a negligence case flowing from a charter flight that it operated, that killed three US servicemen. This is brass balls!

McMahon v. Presidential - (second) Motion to Dismiss - Doc 145.

"U.S. company: crash lawsuit governed by Islamic law" - newsobserver.com

To defend itself against a lawsuit by the widows of three American soldiers who died on one of its planes in Afghanistan, a sister company of the private military firm Blackwater has asked a federal court to decide the case using the Islamic law known as Sharia.

The same defendant, Presidential Airlines, lost its "we're the government, and are immune" argument before the 11th Circuit.

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June 19

Senator Reid calls up H.R.3221 - A bill to provide needed housing reform and for other purposes, then turns the floor over to Senator Dodd to praise the guest chaplain, Reverend Roy.

And then Senate business reverts to the motion to proceed to H.R.6049 (which is turning into a wonderful do-nothing time filler), and enters a quorum call.

See House Report 110-622 for the contents of the "message from the house" that will be further amended, debated, and eventually ping-ponged back to the House.

10:25: Senator Reid moves to lay H.R.3221 before the Senate, with today's debate and amendment being limited to a Dodd/Shelby amendment. Senator DeMint asks if Senator Reid will allow the minority to debate a motion to recommit to committee with instructions to consider the impact of the bill on Countrywide. Senator Reid says the bill has been negotiated with the WH, that he is willing to sit down with DeMint to discuss concerns (he's not responsive, or better still, the answer is "NO," he will not commit to allowing that amendment). Senator DeMint says all he's asking for is the entire Senate to vote on the motion to recommit, at some point, not necessarily today, but at some point before the bill is completed. Senator Reid says he cannot make that assurance, and offers there may be other ways to make the political point.

Senator DeMint appreciates the concern, and will not object. Senator McConnell expresses thanks to Senator DeMint for not objecting. And the Senate commences debate on the Housing bill -- by resuming quorum call.

---===---

The House-proposed FISA bill is H.R.6304, no text available, and Democratic leadership plans to pass it tomorrow. That means it won't be taken up by the Senate until next week.

16:30: Text of proposed H.R.6304 from House Majority Leader site.

See my comment below relating to how a Senator can delay action by objecting to a motion to proceed, then objecting to voting on final passage. I speculate that Reid will move to proceed to the bill tomorrow, creating an opportunity for a cloture vote Tuesday next week, with that cloture vote being on the motion to proceed.

---===---

16:54: Bond amendment REJECTED 11-77, (one Senator voted "present")

Senator Dodd raises a PAYGO point of order against a second Bond amendment. The second Bond amendment fell as the motion to waive the point of order was REJECTED 21-69.

---===---

H.Res.1284 is the Rule under which the House will take up and pass H.R.2642 wartime Supplemental Appropriations, which has been increased at President Bush's request for disaster relief in the Midwest. The House has made further amendments ... this bill has ping-ponged between the chambers of Congress a couple of times, making the formal description of the votes a bit of a tongue-twister. "Move that the Senate concur in the House amendment to the Senate amendment to the bill" sort of thing.

H.Res.1285 is, I think, the Rule under which the House will pass H.R.6304 - the FISA Amendments Act of 2008.

---===---

17:29: Senator Bunning is permitted to move to recommit the bill to the Banking Committee (as Senator DeMint inquired about this morning - this is to investigate the benefit to Countrywide), under the following terms of debate and vote: 30 minutes of debate (starting NOW), with 60 votes required for passage. Senator DeMint joins in the debate to recommit.

17:40: Senator Shelby (R) is against the motion to recommit, asserting that the bill does not single out any lender or borrower, and the bill has been in the Banking Committee for years. He says that this bill is structured so as to be tax neutral - taxpayers will NOT bear the costs. I suspect he is cherry-picking ONE part of the bill from which to base that statement.

17:53: Senator Bunning points out that the 640 page bill that is now before the Senate is a substitute amendment that has NEVER been before the Banking Committee, and has not been scored by the Congressional Budget Office. It came to the floor of the Senate at 5:00 p.m. yesterday.

17:54: Senator Reed says any deviations between the Committee Bill and the substitute are probably small, and in any event, the substitute doesn't contain any provisions that single out favors for Countrywide.

18:01: Senator Reid "explains" why this bill isn't a bailout. The explanation stinks.

• Lenders have to opt in - it's not mandatory
• If they opt in, they will have to reduce the principle amount of the target loan (i.e., take a tax write off)
• NO mention of the difference between the loss under this bill, vs. the loss without this bill

By Senator Reid's definition, the government didn't bailout Bear Stearns (or benefit JP Morgan Chase), either. Bear Stearns had to reduce their valuation in order to opt-in to the government's program, and JP Morgan had to pay more than it would have if Bear Stears had completely collapsed - no money from the taxpayer? Heh. Suckers!!

Senator Isakson announces he will vote "present" in order to avoid any taint that might attach should a question come up in a Senate ethics proceeding. He must have one or more of those Countrywide VIP loans too.

18:27: Senator Bunning's motion to refer is REJECTED 11-70 (I'd guessed 15-70) (five Senators voted "present").

That's the last vote for the night. No particular votes are scheduled for tomorrow, and some procedural hurdles may prevent votes at all tomorrow. So, debate will go on, but the path toward a vote on passage is a bit in the air at this point.

Senator Reid announces that there will be a vote Tuesday morning, before the 12:30 caucus meetings, but he does not specify what that vote will be. Could be on the Housing bailout, could be on a motion to proceed to FISA.

---

June 20

Couple of random thoughts.

On Obama, while it's true that as a Senator, his vote and influence is the same as any other Senator's, his influence on the bully pulpit is different from that of, say, Dodd, Feingold, or Leahy. Obama has considerably more power to rile the public on any issue. If Obama riled the public against the FISA bill, if he urged the public to speak out, to call Congress, etc., some Representatives and Senators would back away from the bill under the public push back.

Come to think of it, when was the last time you heard ANY candidate urged the public to contact Congress? Hmmm. Maybe they don’t want to hear from us. The last time the switchboard was plugged was on immigration.

The other random thought is on the possibility of Senate amendments. The GOP has been bitching about Reid's "filling the amendment tree," cutting off the right of senators to file amendments to bills. But on FISA, the proponents PREFER that the right to amendment be curtailed, if not cut off. If the right to make amendments is not curtailed or cut-off, a determined opponent (Dodd, Feingold, Leahy) has the absolute right to offer amendments, and can also delay passage of the bill in the context of that amendment. Object to voting on the amendment, object to 60 vote margin on the amendment without cloture, insist on 30 hours of post cloture debate before voting on the amendment, etc.

In an opposing alternative, Reid might well fill the amendment tree, cutting off the right of amendment. If he does so, he is acquiescing (different from agreeing) to the proponents of passing what the House did, without amendment.

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Keeping with the "groundhog day" theme, Collection of links to FISA activity since December 2007.

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09:10: President Bush gave a speech, carried by at least the cable newsies, praising Congress for its bipartisan action on Supplemental Appropriations and FISA, and calling for swift passage by both chambers of Congress.

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09:45: Senator Reid opens with a speech that a substantial number of Americans are under foreclosure, diminishing housing values, and other economic difficulty, and this Senate bill will fix all that. He high-fives Senators Dodd and Shelby for their efforts.

He files a cloture motion to limit debate on the motion to concur in the amendment of the House on the Housing bailout bill. The cloture vote is to be one hour after the close of leader time on Tuesday, next week. The Senate is scheduled to open at 10:00 a.m., so that cloture vote is likely to occur around 11:30 or so.

Senator McConnell switches gears slightly, and points to energy prices - and wonders why Congress isn't using its magic power to fix that. He ribs Obama for saying that "energy prices don't concern him as much as the housing crisis." He also advocates for increasing domestic energy production, including (maybe even focusing on) fossil fuels. He also ribs the Democrat party for inaction on energy prices.

Senator McConnell also notes that he would like to move right now to confirm FEC nominees. He asks consent that the Senate proceed to that at a time to be determined later today, with the vote to en bloc (all (five) nominees in one vote). Senator Reid objects based on one DEM Senator needing to have one conversation with one nominee, and that this can't be promised to happen today. He agrees that a functioning FEC is important, but doesn't expect to be able to vote on the nominations until next week.

Senator McConnell will enter into the record an article that connects the DNC lawsuit pertaining to FEC inaction on its complaint on McCain's unilateral exit from public financing in the primary race. Interesting, My takeaway is that the GOP wants to prevent that suit from being heard in court.

09:55: Senator Reid steps in to defend the DEMs on the timing of FEC confirmation votes - he correctly notes that the GOP objected to voting on individual nominations, and recently insisted on full committee hearings even though the DEMs waived the need for those. Senator Reid has the better argument here (for a change), that the GOP is to blame for keeping the FEC out of quorum condition.

He also defends Obama - which I also think is appropriate in context. Senator McConnell could make his point about the relative priority (in the Senate) between energy and housing, without referring to Obama's out-of-chamber statements. OTOH, Senator Reid is wrong by blaming the GOP for failure to agree to take up legislation under conditions that don't admit debate and votes. He's adopted, as is his right, a strategy of offering mostly bills that are objectionable to the GOP (and withholding the right to amend), and then blaming the GOP for rejecting those offers.

---===---

12:36: After pro forma debate, the House is passing H.R.6304 by a wide margin. There is substantial support from the Democratic party, and unanimous support from the Republicans.

12:48: The margin for passage of the new and improved FISA bill was 293-129.

I was watching the House debate on FISA, and coming back to C-SPAN2, see this cherubic, deer-in-the-headlights Scott McClelland fellow. I assume that the Senate had the audacity to adjourn for the weekend while I wasn't watching.

---===---

H/T HowAppealing and ScotusBlog - Khadr's military commission trial will run without interference from an Article III Court. The effect of the Boumediene decision isn't expressly stated in the DC Circuit's unanimous decision, but the logic of the decision is such that the issue decided in Boumediene is irrelevant.

Link: Appeals court refuses to step into terrorism case

A small part of the "parade of horribles" touted by the hand-wringers critical of the Boumediene decision is closer to resolution. "The courts," given the opportunity, haven't interfered with the conduct of a military trial of a GTMO detainee. Not to say the courts will never look at the outcome of this military trial, but they aren't going to monkey with conducting it, and they don't appear to be extending "access to the federal court system in most essential respects ... as if they were lawful, taxpaying citizens."

One example ... "SCOTUS disgrace: Foreign terrorists captured abroad held to have same rights under U.S. Constitution as U.S. citizens"

The Supreme Court ruled today that terrorists who are citizens of foreign countries, who have never set foot within the United States, and who have systematically forfeited all the protections of the organized laws of warfare that would entitle them to be treated as prisoners of war, are, when captured on foreign battlefields by the U.S. military, nevertheless entitled to access to the federal court system of the United States — in most essential respects, exactly as if they were lawful, taxpaying citizens born here, raised here, and arrested here by the domestic police for alleged crimes committed here.

---===---

H/T NRO Online - BofA-Scripted Bank Bailout Looks Awfully Similar to Dodd-Drafted Housing Bill

That's our Congress! Is it pitchfork time, yet? Vero Possumus!!

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June 21

Mr. REID. Mr. President, I ask unanimous consent that when H.R. 6304 is received from the House, it be placed on the calendar.

There was no objection.

This is a departure from Senate Rule XIV, reflected in the routine "I ask the bill be read the first time," then, the next day, "I ask the bill be read for the second time," after which it is placed on the calendar.

2. Every bill and joint resolution shall receive three readings previous to its passage which readings on demand of any Senator shall be on three different legislative days, and the Presiding Officer shall give notice at each reading whether it be the first, second, or third:

There is a Bloomberg News Report that Senator Reid will allow an amendment to be brought up, that if passed, would strip Part II (the telecom immunity section) from the FISA bill. If he does, a determined objector can "filibuster" and delay passage by invoking three cloture widgets. One on the motion to proceed to the bill, one on the amendment, and one on final passage.

"I'm going to try real hard to have a separate vote on immunity," Reid said in an interview to be aired this weekend on Bloomberg Television's 'Political Capital with Al Hunt.' "Probably we can't take that out of the bill, but I'm going to try."

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June 22

FEC LITIGATION / COURT CASE ABSTRACTS

Complaint

The DNC asked the court to:

• Declare that the Commission’s alleged failure to act on the DNC’s administrative complaint is contrary to law; and
• Enter an order finding that it would be futile to direct the Commission to comply with the law within 30 days and authorizing the plaintiffs to bring a civil action against the McCain campaign to remedy the Alleged violations.

Order to Show Cause

The Commission filed a statement with the court suggesting that the court had an independent obligation to determine whether the court had jurisdiction over the case.

On May 2, 2008, the District Court issued an Order to Show Cause, directing the DNC to explain why the court should not dismiss the DNC’s complaint for being filed before the 120-day period had expired. In response, the DNC argued that the 120-day rule does not prohibit the filing of a court complaint, but only prohibits the court from acting on a complaint within the first 120 days after an administrative complaint is filed. Additionally, the DNC argued that the 120-day jurisdictional limit should not apply because the Commission lacks a quorum to initiate an investigation.

Court Decision

On May 14, 2008, the District Court dismissed the DNC’s complaint without prejudice. The court held that it lacked jurisdiction to hear the case because the plain text of the Act allows a party to file a petition with a court only after the expiration of the 120-day period. See 2 U.S.C. §437g(a)(a)(8)(A). The court also observed that the Commission could reach a quorum within the 120-day period.

Court Order denying DNC Motion for Declaratory Relief against the FEC

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June 23

The Senate is to open at 3:00 p.m. for a no-vote session.

The week's events are mostly foregone conclusions, methinks. Action on these bills will "overlap," with cloture motions on some bills being filed while other bills are unfinished. The Senate can and does "multitask."

• Pass H.R.3221 - Housing Lender Bailout, which will go back to the House. I predict cloture to limit debate on final passage to be obtained at roughly noon Tuesday. Final passage either Tuesday or Wednesday.
• Pass H.R.2642 - Supplemental Appropriations, without amendment, or with trivial amendments.
• Pass H.R.6304 - FISA Revisions, without amendment (will be sent to President Bush for signature). There will be at most two votes with 60 vote margins for passage (and both votes will probably get 70+ support). One of those on either (but not both) the motion to proceed or on final passage - to provide evidence of the (token) objection by Dodd, Feingold or Leahy. I give a 70% probability of a second supermajority vote, this to cover Obama's ass, on an amendment that would permit the substantive court review of government surveillance, as provided by law, to continue. Any amendments and votes will be structured so as to leave the bill unamended by the Senate. The Republicans, who have been complaining about being denied the right to amend other bills, will argue against honoring the right to amend this bill.
• Confirm five FEC Commissioners. The GOP wants this to be done today, in time to preclude the DNC filing of a Court Complaint, which it has a statutory right to do on Tuesday. I don't think the DC District Court would order a 30 day turnaround by the FEC (or to substitute a Court for the FEC, as the venue for review of the legal consequences of McCain's unilateral pullout of public financing in the primary campaign) in any event - but McCain doesn't want to divert resources to litigation.
• Confirm Circuit (White and Kethledge) and District Court (Lawrence, Snow, and Murphy) nominations

A determined objector can delay passage through use of all available parliamentary devices:

• Object to waiving first and second readings to be on successive days (no objection was raised)
• Object to limiting debate on the motion to proceed (cloture motion filed Monday, 6/23)
• Object to limiting debate on any/all pending amendment
• Object to limiting debate on final passage

15:04: Senator Reid confirms the above as a rough list of action, and adds a Medicare bill. The votes on judicial nominees are tentatively to occur tomorrow afternoon.

The clerk reported the House message on Housing Bailout (H.R.3221), which is the business of the Senate. Then ... (pregnant pause) ...

Senator Reid moves to proceed to FISA, and the presiding officer notes that the motion is debatable ... (pregnant pause) ... [I've heard no objection in 2 minutes of silence, just that the motion to proceed is debatable] ... at 15:07, Senator Reid asks if a quorum call is in progress. There is not. Senator Reid files a cloture motion on the motion to proceed to FISA, H.R.6304. 17 DEM Senators signed on to this motion. At 15:08, Senator Reid noted the absence of a quorum.

The 17 Senators who called for a limited debate on the motion to proceed are: Whitehouse, Murray, Baucus, Johnson, Salazar, Mikulski, Rockefeller, Kohl, Casey, Inouye, Landrieu, Lincoln, Pryor, Feinstein, Carper, Lieberman, and McCaskill.

A cloture vote will happen Wednesday (unless the objectors agree to compress the time provided for in the rules), and then, if the objectors stick to the time frame provided in the rules, the FISA bill won't be made formally pending until an additional 30 hours have elapsed.

15:15: Senator Specter speaks on the FISA bill. He says the issues are a matter of constitutional rights vs. civil liberties, and in particular on the issue of retroactive immunity. He says only courts have the power to render a definitive ruling in this regard. He predicts that historians will look at the recent past as containing the greatest expansion of executive authority in the history of the country. He is not convinced that the warrantless wiretapping undertaken by President Bush was constitutional.

He also speaks on signing statements, and expresses objection to the breadth of assertion, in particular as to "enhanced interrogation," and statutory restrictions on law enforcement actions under the USA PATRIOT Act. Senator Specter says he has attempted to address this via legislation that aims to curtail the effect of executive signing statements. [good luck with that - the proper widget for Congress to reign in a president who flouts the law is impeachment, not more legislation]

He opines that the Court reviews of the Terrorist Surveillance Act and habeas has not been effectively addressed by the courts. He wishes SCOTUS had taken up the Sixth Circuit's reversal of Judge Taylor's opinion. He also points out the the Boumediene decision vindicates his (Specter's) point of view as to the proper balance between the Courts and Congress, in habeas, and that Congress misread the SCOTUS Rasul decision.

He also asserts that the executive branch has violated the 1947 security act that provides for the executive to inform Congress on certain matters. Senator Specter is pissed, and needs this venting, after which, he'll vote to pass the law requested by the administration (again).

15:27: He expresses a tough time coming to an ultimate conclusion, but is inclined to vote in favor of the bill - even though there is a better alternative (the same one he proposed before, substitution of the government for telecoms). He will be offering an amendment when the bill is brought up.

So when I come to a balance as to voting for the bill or not, my inclination is to vote in favor of the bill because of the importance of the ongoing activities of the telephone companies [which are UNKNOWN! - but later in this speech, Senator Specter notes "this data-mining and the work done by the telephone companies"], notwithstanding my deep concern for civil rights.

---===---

17:18: Senator Reid closing down the Senate. Tries to pass H.R.3540 with a substitute amendment, that extends FAA and Highway Trust Fund laws by 6 months. The Republicans (Kyl speaking for DeMint) object.

S.3180 - temporarily extend programs under the Higher Education Act of 1965

S.Res.440 - recognizing SOIL.

S.Res.596 - Congrats to the Celtics

17:21 - quorum call
17:22 - recess (not adjourn) until 10:00 a.m. Business tomorrow to be on Housing Bailout, with a cloture vote at 11:00 or so. He also expects votes this week on judicial confirmations, Medicare, and FISA.
17:24 - the Senate stand in recess until 10:00 a.m.

---===---

I think the implied promise of protection, in combination with the "blame game" following the inevitable "slip through," results in something resembling government by lottery. Most people fall into the trap of desiring, and politicians oblige by promising, near-flawless government protection. Any party that protects civil liberties will be tarred when an attack is perpetrated. So no party is an enthusiastic supporter of civil liberties.

The result is a spiral of more and more government intrusion, for our own protection, of course. The implied principle being, if we give up enough privacy, there won't be any successful attacks.

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June 24

Cloture motion on the motion to proceed and Senator Specter's speech on proceeding to and passage of FISA (round three - H.R.6304).

The prepared statement is worth the time it takes to read. Agree with him or not, he makes his case succinctly, and with sufficient citation to fact and history to facilitate confirming research, and then reaching a properly informed opinion. Just one example, on the "power" that the proposed statute gives to the court, in retroactive immunity. Proponents of the bill argue that this bill provides for a substantive review of the TSP and other secret surveillance policies:

It is totally insufficient to confer immunity merely because the companies received written requests from the government saying the program was legal. While it is true that the standard of review has been changed from "abuse of discretion" to "substantial evidence" in this bill, the real question is "substantial evidence" of what? Only that the President authorized the program and the government sent written requests to the companies assuring them it was legal. The court is not required to find that the requests were lawful [comport with statutory language], or that the surveillance itself was constitutional.

He also spoke and wrote about the general subject of separation of power and checks and balances.

The Congress has been totally ineffective, punting to the courts and then seeking to limit the courts' authority as the House of Representatives is now doing. The problem is compounded by the fact that the Supreme Court had ducked and delayed deciding where the line is between Congressional authority under Article I and presidential authority under Article II.

Let me document the ineffectiveness of Congress:

He follows with a list of six particular areas. Here's number five.

(5) Military Commissions Act: Congress has been docile, really inert, in failing to push back on the executive's encroachment on our authority. My amendment to retain habeas corpus in the Military Commissions Act was defeated 48-51. Meanwhile, the Graham-Levin amendment to the National Defense Authorization Act for Fiscal Year 2006 passed by the shocking vote of 84-14 despite the fact that it was drafted overnight, had no hearing and virtually no debate with my having only two minutes to speak in opposition. On its face the amendment stripped the Supreme Court of jurisdiction by vesting exclusive jurisdiction with the District of Columbia Circuit. It would be hard to find an amendment on a more important subject given less scrutiny and passed with less thought and in such haste.

His written statement concludes with a description of his FISA amendment, and it's function - which is to provide for a substantive review by the District Court, of the statutory legality and/or constitutionality of the government's surveillance programs.

The case for [authorize the U.S. District Courts to determine the constitutionality of the administration's program before granting immunity to the telephone companies] has an important extra dimension beyond separation of powers. It involves a repugnant factor; namely, that the government had instigated and maintained for many years a secret practice, the scope of which is unknown to the public and known only to some members of Congress. It smacks of Star Chamber proceedings from old England. Now the administration insists on retroactive immunity and the House has complied. It is time the Senate stood up and earned its reputation as the "world's greatest deliberative body" and at least demonstrate some courage, if not a full profile, by insisting on judicial review.

I'll just add that Congress is complicit in this "repugnant factor." It's hacking off another piece of it's own credibility as being competent to provide a statutory remedy - pulling the ball away any time a plaintiff attempts to use it.

I'm going to go out on a limb and predict that Senate action will involve multiple amendments that have the effect of not giving the retroactive immunity that the administration demands. This is how the Senate provided cover when it passed S.2248. By offering multiple anti-immunity amendments and taking care in the ordering of votes on those amendments, the choreographers insure that no option will obtain enough support to be passed, yet over a majority of Senators can claim to have voted against retroactive immunity.

---===---

Pending on H.R.3221 - Housing bailout:

• Dodd/Shelby "substitute" Amendment No. 4983
• Bond Amendment No. 4987 (to Amendment No. 4983), to enhance mortgage loan disclosure requirements with additional safeguards for adjustable rate mortgages with an initial fixed rate and loans that contain prepayment penalty.
• Dole Amendment No. 4984 (to Amendment No. 4983), to improve the regulation of appraisal standards.
• Sununu Amendment No. 4999 (to Amendment No. 4983), to amend the United States Housing Act of 1937 to exempt qualified public housing agencies from the requirement of preparing an annual public housing agency plan.
• Kohl Amendment No. 4988 (to Amendment No. 4983), to protect the property and security of homeowners who are subject to foreclosure proceedings.

---===---

10:05: Senator Reid lists things to do this week: FISA, Appropriations, Tax Extenders, Medicaid, Housing Reform. Some judicial confirmations will be handled this afternoon, exactly which is uncertain. Reid has spoken to Feingold on the FEC nominations (Feingold must be the Senator who wanted to converse with each of the nominees), and expects to be able to handle those today, as well. Senator Reid revisits the history of GOP obstruction to confirming enough nominees to establish a FEC quorum. Reid expects Feingold to have the conversation today (I note that if Feingold doesn't have the planned conversation, no confirmation vote today). Senator Reid goes on to divorce the DNC lawsuit from the timing of confirmation.

Senator Reid adds to plans for this week, FAA, Highway and Aids legislation.

Senator McConnell first rebuts the FEC points raised by Reid, but again accuses the Democrats of delay in confirming FEC nominees, in order to facilitate the filing of the lawsuit. He propounds a UC agreement that the Senate proceed TODAY to confirm the five nominees. Reid will object, the vote is conditional on Feingold reporting back he's had the conversation, he expects to hear in hours. McConnell goes back to the lawsuit. Methinks he protests too much. If the suit is totally without merit, the court will toss it - what's the big sweat?

McConnell's sees legislative priorities as the Housing Bailout (but he wants GOP amendments to be heard, and if they aren't, the bill is at risk of being rejected); Supplemental Appropriations; and FISA. On FISA, McConnell blames the House for inaction (ummm, the Senate has been sitting on the House bill H.R.3773 since March). He emphasizes that Democrats are coming around to approving Republican-endorsed bills, after lengthy delays. Opening screeches over at 10:16.

---===---

Senator Crapo demonstrates that the Democrats are objecting to GOP calling up of germane amendments. If this is a pattern, then my prediction below (of easy adoption of cloture) is out of rig. The GOP may withhold cloture as a lever to obtain agreement to have amendments made pending and voted on. Withholding cloture on the Housing Bailout wouldn't affect passage of other bills, Housing Bailout could just join the pile of other bills that have been debated then set aside.

11:49: The cloture motion to limit debate on the House message to accompany H.R.3221 - the Housing and Economic Recovery Act, was PASSED on a 83-9 vote (predicted 85-9 passage).

Senator Reid indicates that the Senate aims to get out by Friday or Saturday. Trying to work out votes on judges - the FEC nominations appear to be on track for today - FISA, Supplemental Appropriations, Medicare, and tax extenders.

He lets on that there is a possibility that the Housing legislation won't be completed (heheh), depending on the ability (or not) to work through agreements on GOP-sponsored amendments. Now I'm thinking this doesn't make sense at all, because with cloture being invoked on the substitute amendment to the underlying message from the House (regardless of which amendments are heard), the Senate is in position to vote 30 hours from now, on the overarching measure (the substitute amendment), period.

12:16: Senator Enzi just finished expressing why he is opposed to a massive taxpayer bailout of irresponsible lenders and borrowers. Tough cookies, Senator - your buddies in the Senate have some cash they want to hand out, in exchange for votes.

Senator Dodd is pointing to the wide margins for passage of various elements as evidence that this is a good bill. He will be on the opposite side of that argument, when the Senate takes up FISA later this week.

16:40: Mixed bag of speeches under the Housing Bailout heading, including Boxer on FISA, but most of the afternoon has been spent in quorum call. I've not heard a definite timing schedule for entering executive session to handle promised judicial confirmations and tentative FEC confirmations.

--- 16:54 Judicial Confirmation Action ---

Senator Reid asks UC to take the Senate to executive session with 4 hours of debate on Helene White [Sixth Circuit]. Following that vote, take up calendar Nos. 631 [Kethledge, also 6th Circuit] and 632 [Murphy, Eastern District of Michigan] with two minutes of debate between each of the three votes.

Further, that on Thursday, June 26, at a time to be determined by the majority and minority leaders, the Senate proceed to executive session and vote on calendar Nos. 627 [Lawrence, Southern District of Indiana] and 628 [Snow, District of Arizona] with one hour of debate, followed by votes.

There was no objection. He then asks for some of his spoken words to be deleted from the record. The UC agreement as recited was "[If White is not confirmed], then all aspect of this agreement are void with no intervening action or debate." The words stricken are just the "with no intervening action or debate" part that follows, but that follows ONLY IF White is not confirmed.

The four hours of debate under executive session are now running, on the nomination of Helene White, while the Senate is in quorum call.

Senator Leahy makes a long speech on the subject of judicial nominees. I disagree with his bottom line, that the GOP has most of the blame for the slow pace of confirmation action.

17:48: Senator Specter doing a repeat of his anti-immunity speech, this time on the case that was litigated in Detroit (Judge Taylor) and the Sixth Circuit, with SCOTUS denying certiorari. I think he is just correlating the importance of judicial nominations to the maintenance of a working balance of powers. Senator Specter indicates that Judge White has scant record, her opinions are unpublished; and when he's questioned her on the decisions she did reach, he found her use of law and application of logic to be wanting. He's explaining why he will recommend a vote against confirmation.

17:54 - Sudden interruption - exchange between Senators Leahy and Specter. The objective being to move to a roll call vote in the next hour or so; with a roll call on White, and voice votes on the others so the Senators can get out to their evening events. Specter says he'll complete quickly, but the record should express why he is withholding approval.

18:03: Senator Specter is still going, now on nominations in general, and on the application of "the Thurmond Rule," where the Senate refuses to confirm on the grounds that there will be a new administration following an impending election.

Roll call vote on Helene White is to start at 6:30, and confirmation of the other two judges is expected to be by voice vote.

18:57: The nomination of Helene White to the Sixth Circuit is CONFIRMED on a 63-32 vote
NAY votes: Alexander, Allard, Barrasso, Bennett, Brownback, Bunning, Burr, Chambliss, Coburn, Cochran, Corker, Cornyn, Craig, DeMint, Dole, Domenici, Ensign, Enzi, Graham, Gregg, Grassley, Hutchison, Inhofe, Kyl, McConnell, Martinez, Roberts, Specter, Sununu, Thune, Vitter, and Wicker

18:57: The nomination of Raymond M. Kethledge to the Sixth Circuit is CONFIRMED on a voice vote.

A goofy taunt and voice (I think Schumer) is caught on microphone, "Jack Reed got a haircut."

18:57: The nomination of Murphy to the Eastern District of Michigan was CONFIRMED on a voice vote.

---===---

Back into legislative session, no more votes today. Senator Reid indicates that he had hoped the Housing Bailout would pass tonight, where the House would have agreed promptly and then sent it to President Bush. Cloture runs out on Housing Bailout at 5:45 p.m. tomorrow, with two germane amendments to be voted on then. But there is objection to accepting other amendments, and if that objection persists, then the Housing Bill can consume the rest of this week.

--- FISA held Hostage to Housing Bill ---

The timeline of the Housing bill (with GOP objection) interferes with getting to FISA. On FISA, Senator Reid notes the strenuous objections of Dodd and Feingold, but at the same time, their understanding of "how the Senate works," and their willingness to give consent when the cause is lost -- however, Senator Reid says he will stay on the Housing Bill, in effect using it to hold FISA hostage. "If FISA doesn't pass before the recess, it's because the GOP is objecting to the Housing Bill."

Likewise on Supplemental Appropriations. It will be held up until the GOP relents on its objections to the Housing Bill.

Likewise on Medicare.

Senator Reid's priorities are Housing and Medicare. Meaning they must be completed before the Senate moves on to FISA and Supplemental Appropriations, FAA and Highway Trust fund.

19:10: Senator McConnell speaks. Just from the tone of his voice, he's hang-dog. He sees that Reid has a difficult job juggling these bills, and acknowledges that he and Senator Reid have the same objective - get all those bills passed this week. IOW, Senator McConnell doesn't directly attack the priority order asserted by Senator Reid.

A couple of Senators yield their single hours of post cloture time (on the Housing bill) to Senator Dodd, who is a manager of the Housing Bill. He can't speak with all of those hours, but he can direct them to other Senators as he sees fit.

My hunch is that the objector to the Housing Bailout will relent, and soon. Reid's description of a series of cloture motions on the Housing Bailout will NOT be needed in order to obtain final passage. From the objector's point of view, why put up the fight? President Bush has promised a veto of the Housing Bailout anyway.

19:26: Senator Reid announces he is glad that the Senate will be able to restore the FEC - must have heard that there is no DEM objection, after the one DEM Senator conversed with one of the nominees. Confirmation will be completed tonight (must be by voice vote, with three or fours Senators on the floor) 19:30: Senator Reid propounds a UC request to enter into executive session to handle five enumerated FEC nominations. There is no objection. The nominations are reported, and voice voted. Exactly one AYE vote is audible for each - Senator Reid's voice (except once, he delayed, and it seemed that nominee might not be confirmed) - there is no audible NAY vote. The funny and perfunctory "voting" charade is over at 19:32.

Two bills read the first time, getting them one step closer to being picked up "in regular order." S.3186 - LIHEAP, and H.R.6331 - Medicare ... both will be read for the second time on the next legislative day. Quorum call.

20:13: Senator Dodd shutting down the Senate, passes a mess of bills; a S.Res.599 expressing condolences to the families of Boy Scout victims of the Iowa tornadoes; another resolution honoring victims of the Khobar Towers bombing. After morning business, resumes consideration of the Housing Bailout.

Obviously reading without thinking, he asks to re-enter a period of morning business, then to strike that, then to the script that describes the presence (and effect) of objection to details in the Housing Bailout - "this shows how the will of one Senator can disrupt Senate progress."

He segues into the FISA subject, and his objection to retroactive immunity, and PURE SPECULATION of massive invasion of privacy, couched as an assumption a massive invasion occurred, and a demand to find out who was responsible.

He claims he is limited in the amount of time he can talk, being in post-cloture time. True that, But there is a MASSIVE disconnect, because he is occupying Housing Bill post-cloture time to debate FISA. There will be ANOTHER post-cloture time, after the motion to invoke cloture on the motion to proceed to FISA has been passed - tomorrow or the next day (Senator Dodd says, "sometime in the next 24 to 48 hours," a reflection of the expected time to complete Housing Bailout). There can be still another post-cloture period, if cloture is forced and obtained on final passage of FISA.

What's funny, is that some people will take Dodd's speech tonight as "FISA filibuster," when in fact, he's just burning time charged to the Housing Bill. What he's doing now has ZERO impact on the parliamentary status or process on the FISA bill.

20:45: Senator Dodd is touching many of the bases. Detainee treatment, habeas, waterboarding, US attorneys replacement, renditions, and other events having been justified as legal by administration lawyers, and stonewalled as to accounting to the public.

I was struck earlier today, reading Specter of yesterday - and thinking "What a yutz. He's pissed that the president isn't following the law, so he's proposing passing a law that says the president has to follow the law." The tool that Congress has, to reign in a president who isn't following Congressional orders, is called "impeachment," not "pass another law."

21:20: Senator Dodd is still burning FISA energy, while the clock is ticking on the Housing Bailout. Planned tactical move, to facilitate expeditious passage of FISA later in the week. When FISA is "up," he will have already said his piece, yes?

22:17: Senator Dodd's FISA speech is over. Closing the Senate. S.Res.600 passed.

22:20: Adjourned until 9:30 a.m., at which time it will resume consideration of Housing Bailout.

Mandatory quorum call for the cloture vote on the motion to proceed to H.R.6304 (FISA) is waived by UC.

---

June 25

Pure speculation on my part on today's events and interplay between Housing and FISA. I think the cloture vote on the motion to proceed to FISA will be conducted today, probably before noon. It will obtain the 60 votes needed to invoke cloture on the motion to proceed. The GOP can use this to claim bipartisan support for "FISA quickly," and Reid can use it as a "carrot" to obtain his wish that the GOP relax its insistence on getting simple majority votes on certain Housing Bailout amendments.

I don't have a handle on how Medicare and Supplemental Appropriations will fit in, although my sense is that neither the House-passed Supplemental Appropriations nor Medicare bill is seriously contentious. The ramifications of being non-contentious is that the Senate handling is fairly predictable (agree on a certain debate duration, so objection can be voiced, and agree to vote), making them easier to arrange in a debate and vote UC agreement. I don't see those bills as preventing a vote on passage of FISA before Saturday.

Senator Reid's stated position is that Housing and Medicare must pass before the recess, and FISA and Supplemental Appropriations can wait until after the recess.

---===---

Links to yesterday's debate points: Boxer/Bond - Schedule - Kyl - Dodd

---===---

09:35: Senator Reid says he hopes to complete the Housing Bailout promptly. S.3186 - LIHEAP, and H.R.6331 - Medicare are read a second time, and will appear on the legislative calendar tomorrow. Into quorum call.

11:00: Quorum call and nothing more except a speech by Grassley on a whistleblower who has been retaliated against, and a speech by Alexander, on energy prices.

11:12: Senator Dodd on the status of the Housing Bailout. He reiterates that the bill is being held up by a GOP objection to enter into a UC agreement on the DEMs terms. One GOP Senator is insisting on getting a vote on his amendment, and the Democrats say "no."

Senator Dodd says ALL the items, FISA included, will be handled before the Senate leaves, "either the hard way, or the easy way." I think he was just talking in a hurry, and urging the GOP to relent on insistence on having its amendment taken up. He says at some point, partisanship needs to step aside so the Senate can vote. He figures that, if the GOP Senator relents, the Housing Bill could probably be completed in four hours or less.

11:53: Setting up an order of debate, on "whatever" subject: Inhofe, Brown, Gregg, Feingold.

12:24: Gregg spoke on the Housing Bailout, Feingold is speaking on FISA.

Still no announcement or news on schedule details, as between Housing, Medicare, FISA and the Supplemental. And, don't forget FAA, tax extenders, Highway Trust fund, and .... I see a late night or two on the horizon.

12:52: Senator Feingold is done with his speech - back into quorum call.

13:26: Senator Reed (RI) on Housing Bailout. Back into quorum call at 13:47.

13:51: Senators Crapo and Leahy interrupt C-SPAN2's fine classical music. Senator Bond will follow Senator Leahy. Senator Leahy talks on FISA, most on the retroactive immunity provisions. He argues that the legal opinions that underpin the TSP were "ends-oriented," and the administration does not want these legal opinions to be reviewed, let alone be made public.

14:23: Senator Bond arguing for adopting cloture on the motion to proceed, and voting down any and all amendments to the FISA bill.

Given the sequence of a series of FISA speeches, I have a sense that the GOP objection to UC on the Housing Bailout will soon be resolved, moving a step closer to the cloture vote on the motion to proceed to FISA. Still up in the air, and obviously, I blew the prediction on the cloture vote being conducted this morning.

14:33: Senator Feinstein on FISA, to be followed by Senator Chambliss, then Senator Sanders.

Senator Feinstein makes the point that the PAA expires in the middle of August, and it therefore imperative that this bill pass, because otherwise, we will be unable to conduct surveillance on foreign targets. Utter hogwash. Old/original FISA provides rules only when surveillance involves the acquisition of communications of a person located in the US. See 50 USC 1801(f) for ALL of the categories of electronic surveillance. If it's not electronic surveillance, it's outside of FISA.

How soon we forget. The TSP was the acquisition of international communications, without a warrant, where one end is in the United States. THAT is the facility that the government doesn't want to relinquish. The foreign communications that will be "lost" (actually, have to a) be presented to a Court, or b) be in the nature of foreign intelligence and therefore protected by Constitutional authority) are those to or from people in the United States.

To argue this is about "foreign communications" is a really cheap trick. Hey - it works!

Now she's contradicting her earlier argument - by saying that the administration could have used old/original FISA to undertake the surveillance it needed to do. Well, if it could that, THEN, why can't it do it TOMORROW? At least she admits the court review in the soon to be pending FISA bill does not require a review of the good faith belief of the cooperating telecoms.

Finally, she argues that voting for this should not be interpreting as Congress finding past actions of telecoms to be legal. I say that's a bit of a fine/moot point, since Congress is saying "don't check it out." BS - we can't be held to have an opinion, just because we refuse to look.

15:01: Senator Chambliss, to be followed by Senators Sanders, then Hatch.

Senator Chambliss notes that Congressional leadership WAS involved, and DID agree with the TSP. He asserts that the surveillance undertaken was narrowly tailored to only numbers KNOWN to be associated with al Qaeda. If so, what is the problem with submitting that evidence to a court for exparte, in camera review? The court would CERTAINLY find such narrowly tailored surveillance to be for the purpose of gathering foreign intelligence, and therefore constitutional without regard to ANY statutory law.

15:17: Senator Sanders, against taking up the FISA bill. He should include in his argument, a strong military, and a strong support for the president's right, power and duty to seek foreign intelligence information without any impediment from Congress or the Courts.

15:31: Senator Hatch ... this has been kicking around since April 2007. [I thought the president had inherent authority anyway - who cares how long this takes? The president is empowered by the constitution, even if you boneheads in Congress do absolutely NOTHING.]

Ahhh .. he hints that the PUBLIC is harboring terrorists, and that's why the government has to have secret snooping against the public, in general. They wear our clothes and hide among us.

He defends all snooping done at the behest of the government as patriot defense of the country. I'd say the surveillance of the Quakers, Martin Luther King, and all COINTELPRO activity was likewise undertaken with a patriotic motivation, and then argue that patriotic motivation isn't relevant in deciding whether or not a surveillance program infringed the constitution.

16:05: Senator Wyden's turn in the barrel.

16:18: Senator Dodd ... I don't know if this is "Housing" Senator Dodd, or "FISA" Senator Dodd. He starts out as "FISA" Senator Dodd, riffing from Senator Wyden's speech. He also discloses that he will be offering an amendment to strip the retroactive immunity from the bill.

16:21: Senator Rockefeller, advocating for passage of the FISA bill. Into quorum call at 16:39.

---===---

16:45: Senator Dodd back up, praising Senator Rockefeller for his efforts on FISA, in spite of their differences. He's wearing his Housing Bailout hat now, and arguing for the GOP to drop its insistence on amendment, so the children, grandchildren, and others can be spared the financial hardship that accompanies foreclosure.

Senator Dodd announces that he or Senator Reid will be propounding a UC request on the Housing Bill, within an hour or so, and he challenges the objector to come to the floor to make the objection in person. Quorum call at 16:55 or thereabouts.

---===---

18:06: Broke the logjam, eh? Voting underway on the substitute amendment to the Housing Bailout. I was "away," far far away. Listening to a recording of what I missed for clues on the schedule.

So far, what I gather is simply that 30 hours of post cloture time has expired, and the vote relating to that specific cloture motion is being taken. Various underlying amendments were disposed of in the usual fashion (passing by UC, withdrawing). This vote does not dispose of the House Message. The "parade of House Bailout delay" is still not conclusively resolved.

18:23: The Motion to Concur in the House Amendment to the Senate Amendment striking sec. 1 through Title V and Inserting Language to the Senate Amdt. to H.R.3221 - the Housing and Economic Recovery Act, was PASSED on a 79-16 vote.

Cloture vote on the motion to proceed to FISA

18:42: The motion to invoke cloture on the motion to proceed to H.R.6304 - FISA, was PASSED on a 80-15 vote (predicted 77-18 passage).
NAY Votes: Biden, Boxer, Brown, Cantwell, Dodd, Durbin, Feingold, Harkin, Kerry, Lautenberg, Leahy, Menendez, Sanders, Schumer, and Wyden

18:43: On the Housing Bill, Senator Reid asks for UC to pass H.R.3221 back to the House with a manager's amendment. Senator Ensign objects, on the grounds that he wants to have a vote on the renewable energy tax bill - and he calls out the inconsistency on "not paid for" grounds (i.e. taxes aren't increased to pay for this), because the bill also a separate 2.5 billion dollar program, "not paid for."

Senator Reid says the House has already indicated that it won't accept the bill with Ensign's amendment. He also points out that FISA, Medicare, and Supplemental Appropriations are being held up by this objection.

Senator Reid notes that FISA has wide support, and should be brought up for amendment. Too, Housing Bailout is important, so taxpayers can foot part of the bill to keep people in housing they could not otherwise afford. Both of these, says Senator Reid, have broad, bipartisan support. So does the Medicare "doctor's fix," passing the House with 355 AYE votes (and having the support of AARP, AMA).

Senator Reid says all the named bills (Housing, Medicare, FISA, Supplemental Appropriations) could be passed tomorrow, but for GOP objection. That means there is little further energy to delay passage of FISA. Senator Reid threatens to stay in session through the weekend and into next week, if necessary to get Housing Bailout and Medicare passed. He notes that it would take two further cloture motions to get Housing Bailout in line for passage, if Senator Ensign does not relent on his insistence.

FAA, Global Aids aid are also being held up (this is a big sob story).

Senator McConnell aims to brighten the day and lift the mood of Senator Reid. He says the only part of the Supplemental that needs to be voted on is domestic spending, and that is not contentious; the Medicare "doc fix" likewise isn't contentious; FISA appears to be non-contentious, based on the vote margins; and the Housing bailout is also in condition for passage. All of these, says McConnell, are doable before the week is out. [Sounds as though he knows he can get Senator Ensign to relent, otherwise "this week" is not going to be as productive as "Mr. Smiles" McConnell suggested].

The chair confirms that the matter presently before the Senate is the motion to proceed to FISA, which is now in the 30 hours of post-cloture debate time. I note that absent UC otherwise, 30 hours runs out just after midnight tomorrow, so FISA will be "pending" (perhaps co-pending with Housing Bailout and other bills) as of Friday morning at the very latest.

19:40: Senator Reid closing down the Senate. H.R.6040 - To amend the Water Resources Development Act of 2007, was read three times and passed.

"We're going to come in tomorrow and see what can be accomplished." He reiterates his threat to stay in session through Saturday if necessary to either cause the GOP to relent on its objection on the Housing Bailout, or to run the clock toward an eventual vote on that bill. He did NOT repeat his previous express condition of completing Housing Bailout before voting on passage of FISA ....

--- BIG CHANGE IN SCHEDULE ---

... in fact, he expressly TOOK IT BACK, saying that the Housing Bill would be completed the first week that the Senate gets back from recess!! That, in combination with the express threat to stay in through Saturday if necessary, to get other bills passed, tells me the priorities have been radically shuffled. Housing Bailout is no longer #1.

Listen for yourself.

... it's a shame I know we talked about the fact we were unable to complete the Housing Bill but we'll complete that the first week we get back, and ummm, by then, Senators Dodd and Shelby maybe will have more things worked out with the House ..."

With Housing Bailout off the top of the deck, we're looking at Medicare ("doc fix"), FISA, and Supplemental Appropriations. I predict the Senate finishes these tomorrow, then adjourns for the Fourth of July recess.

Senator Reid's request for cooperation and "if people want to play out this clock, people will really have to be here Friday and Saturday" threat is aimed at opposition to those three bills - probably opposition to FISA, for the most part.

19:42: The Senate stands adjourned until 9:30 a.m. Thursday - at which time it will resume consideration of the motion to proceed to H.R.6304 - FISA.

It's damn near Recess! Good thing. I need a break from these jokers and clowns.

---

June 26

Thinking of a curious juxtaposition, stack the Heller decision predicted later today (a judicial comment viewing the core values and functions of the second amendment as supporting individual rights as over the government), against the Senate passing of FISA (an executive comment, made through a worthless Congress, rejecting the core "individual" values and functions of the fourth amendment).

Congress and the Executive are in cahoots, and are at war with the Courts.

---===---

Another thought, this one tongue in cheek (I hope), and riffing off the Housing Bailout bill.

Congress is purporting to reign in energy speculators through legislation and regulation. As they do so, some of the speculators will suffer catastrophic financial loss. Congress will then step in and urge a bail-out.

---===---

From the legislative calendar, the program for today begins with:

... resume consideration of the motion to proceed to H.R. 6304, the FISA legislation ... that Senator Murkowski, or designee, control the time from 1:30 to 2:15 p.m.

---===---

Links to FISA debate from June 25:
Feingold / Leahy / Bond / Feinstein / Chambliss / Sanders / Hatch / Rockefeller
Cloture on Motion to Proceed / Schedule

Senator REID: We have all talked about FISA. I voted on the motion to proceed, not because I like the bill, but I think it is very important that there be an opportunity to offer amendments on it. Senator Bond and Senator Rockefeller recognize that and know they would also feel it appropriate to have amendments on this legislation, but right now it appears we are not going to have that opportunity....

On FISA, I recognize that Members of the House and Senate have worked hard for 3 months to come up with these improvements. Some of my Democratic colleagues will support a FISA compromise. I respect their decision. Even though I may disagree with the majority of the Senate, I have an obligation, as I said last night, to do everything I can to move this forward. We should be able to do that this week. ...

I have said our Republican colleagues, on occasion, have acted Orwellian this year; they say one thing and do another. I guess today is an appropriate day to say this because it is George Orwell's birthday today. He would be 105 today.

---===---

09:35: Senator Reid reminds us that there will be confirmation votes on two District Court judges today, with an hour of debate before the votes. He likens this week as "spinning wheels in the sand," and indicates that today could either be productive or frustrating. The Senate has three bills [Reid can't count, there are four], FISA (Reid has spoken with Hoyer on this); Housing (he'll probably file cloture motions on this, and push it out to after the recess - the same move is POSSIBLE with FISA, for what it's worth); Supplemental Appropriations (he hopes to have a UC agreement today, to handle this before recess); and Medicare (which MUST be completed before the recess). He will file a cloture motion at or after midnight tonight, if necessary, to provoke a vote on passage of Medicare.

09:40 Senator McConnell pushes on passage of FISA. He says the needs for FISA update is technology driven. He also blows smoke on the immunity issue, that the suit might bankrupt telecoms. He also says that presidential power to snoop depends on Congressional action. Say what? He urges passage without further delay. The bill "represents the epitome of compromise." High fives to Senator Bond.

Some inaudible cross-talk between Senators Reid and McConnell as Senator McConnell changes to the subject of fallen service-members, Tatjana Reed and William G. Bowling.

09:58: Senator Reid asks UC to take up and pass Highway Trust - Senator DeMint objects. Senator Reid offers to reduce the amount of money to be committed. Senator DeMint says the Senate decided, last time around, to divert money to earmarks instead of the general "Highway Trust Fund." I'm thinking, if we drive less, there will be less call for highway maintenance. Senator Reid argues back, adding money here will help the economy - and that the trust fund is depleted because people aren't buying less fuel and aren't traveling as much.

Same idea on taking up and passing H.R.6327 - FAA Trust Fund, except there was no objection, and the bill was passed without objection.

H.R.6331 - Medicare (doc fix) - Senator Gregg would rather extend the current provisions for 30 days just to have time to debate the points in the Medicare bill, and objects. Senator Reid notes the huge margin of passage in the House. He says he will object to a 30 day extension; after which Senator Gregg chuckles, and propounds a UC request for just that, and is met with the promised objection.

End of opening maneuvers. On to FISA. Senator Bond leading for the proponents.

There won't be any signs of which amendment will become pending, or times for debate to occur between taking the bill up (later this afternoon) and voting on final passage (indefinite time - but my guess is the bill will pass today).

10:21: Senator Bond sends the Senate into quorum call. Could be a quiet day, until the elapse of post-cloture debate time.

---===---

10:21: SCOTUS hands down the Heller decision, a 5-4 ruling finding an individual right to own arms. Justice Breyer dissented, joined by Justices Stevens, Souter and Ginsburg.

Now, "It's about the Courts" can point to Heller. Personally, just based on the closeness of this decision (considering the stakes are "personal right vs. no personal right"), I wouldn't piss on a Democrat if he or she was on fire. Come election time, the "It's about the Courts" argument can invoke Heller, to much better effect than pointing to Roe /Casey.

The Democrats are inclined to take MY personal right to own firearms. Screw them and the horse they rode in on.

---===---

10:48: Senator Graham. US is a battlefield, we are at war, technology has outstripped the law, we can't use punishment because terrorists don't fear punishment, we have to use prevention.

Government snooping is not a bad thing, it is a good thing. We've ignored warnings in the past, so the more snooping we do, the better. The telecoms should not be sued for helping the government defeat its enemies. If immunity is taken out of this bill, he will not vote for the bill. If Obama is against immunity, he is not bipartisan.

---===---

11:00: Senator Murray on the Boeing/Airbus dispute.

Senator Rockefeller took another bite at his allotted one hour in post cloture debate. Back into quorum call around 11:30. I'm guessing the motion to proceed to FISA will be "voted on" or adopted around 4:00. Immediately thereafter, the contour of debate leading to the inevitable vote for passage will start to clarify.

11:55: Senator Brown on economic woes, and education handouts.

12:00: Senator Durbin on the Medicare (docs help) bill.

12:10: Senator Kohl on energy prices. I say Congress should make oil "free." Voila, no more energy crisis.

12:13: Senator Ensign on the Housing Bailout bill and the renewable energy amendment that he wants to apply to the Housing Bailout bill.

12:30: Senator Brown asked consent to address the House for 10 minutes. He was corrected - "This is the Senate." Fluff speech on poet Paul Laurence Dunbar.

12:35: Senator Kerry notes that the Senate is the World's Greatest Deliberative Body, in the World's Greatest Democracy. But he doesn't think we monkey enough in foreign affairs.

12:51: Senator Casey is concerned about the war in Afghanistan. This is the "real front" in the WOT, says he. Whack-a-mole.

13:07: Senator Grassley defending ethanol subsidies, and informs us that the cost of food is driven by the cost of oil - and global competition/demand for oil.

You know, if oil was $1,000 a barrel, the contrasting price of biofuels would make it easy to argue that biofuels reduce the price of energy.

Mind you, I'm not against ethanol - my beef is with massive government manipulation of the energy and food markets with subsidy and other financial controls (e.g., tax). Quorum call at 13:22 or so.

13:33: Senator Murkowski starts her allotted time. She's talking about the Alaskan constitution, and the way it deals with natural resources. She's done at 13:39, and yields the floor to Senator Stevens.

14:14: Senator Warner on FISA. The usual arguments, including the wide margin of passage of the SSCI bill in February (13-2), companies acted "in good faith," and the orders were "lawful."

14:24: Senator Stabenow on the Medicare bill. She's also bitching about filibusters dragging down the pace of Senate business. Quorum call at 14:41.

---===---

The House is planning to adjourn for fourth of July recess, at the end of business today. That means an amended bill can't be passed by Congress until after the recess, no matter what.

It reduces Senator Reid's options - and also affects his threat to hold the Senate through the recess. If an amendment passes (or even if one comes up for debate), he might as well recess the Senate too, rather than work through the weekend.

---===---

15:00: Senator Sessions on the Airbus/Boeing contest.

15:15: Senator Inhofe on Robert Mugabe.

15:25: Casey, Whitehouse, Durbin ... spinning wheels in the sand until the hour of taking up the motion to proceed to FISA arrives.

---===---

15:55: Executive session looming. I'd forgotten all about the UC agreement to deal with a pair of judicial nominations. One hour of debate having been allowed (not that it will all be used), followed by votes.

16:15: Senator Leahy on energy prices, home ownership, and the economy. Then segues into judicial nominations, and defends, with misdirection and statistics, the performance of the Democratically-lead Senate in acting on judicial nominations.

16:34: Senator Leahy asks for a roll call vote on the pending nominations, after yielding back all time. Two back to back roll call votes. Both will be confirmed unanimously.

Further, that on Thursday, June 26, at a time to be determined by the majority and minority leaders, the Senate proceed to executive session and vote on calendar Nos. 627 [Lawrence, Southern District of Indiana] and 628 [Snow, District of Arizona] with one hour of debate, followed by votes.

Once that's done, with the Senators assembled, it'll be a good time to proceed to FISA, and see what sort of agreement, if any, has been worked out.

17:00 97-0 vote on the Lawrence nomination. Voice vote started to be called on the Snow nomination, but there is some point of confusion in the full Senate, so, with 97 Senators present, a quorum call.

17:07: Senator Reid - second judicial vote will be by voice vote, followed by quorum call, followed by 15-30 minute quorum call (Senator Reid does note that the Senate works on "dog time", so 15-30 minutes may be longer). The nomination of Snow is confirmed at 17:08, and the Senate goes into that predicted 15-30 minute quorum call.

17:13: Senator Reid says "we don't have our path forward, and that would be an understatement," and asks for half an hour of morning business, time to be counted against the 30 hours of post cloture time. Senator Menendez opens a speech on oil prices and blames it on President Bush. Senator Sanders notes that Congress can fix all our health care "problems," Senator Bond spouts some conclusions about the legality/constitutionality of government snooping, even though he has no facts about the extent of the snooping. Senator Tester speaks on the GI Bill from 17:43 to 17:48, then into quorum call.

Senator Akaka on the GI Bill, Senator Grassley on tax policy ... you are getting veeeeery tired ....

Holy crap. Senator Grassley puts up a chart that is a cartoon figure, "the big, bad wolf." He says, "that's the Democrats, saying they'll blow the house down," referring to strict adherence to PAYGO.

18:25: Senator Grassley yields the floor to Senator Cantwell. She's on the subject of energy prices. At 18:29, to Senator Baucus who urges passage of the Medicare (doc fix) bill tonight. At 18:36, to Senator Cornyn on the subject of Medicare and the physician reimbursement formula (doc fix) - he moans that the proposal is being offered as a "take it or leave it" proposition. He also notes an upcoming cloture vote on Medicare - sounds like cloture event where the motion is filed and the vote is taken shortly thereafter.

Senator Cornyn goes on, regarding the price of energy. He wonders what price will cause the Congress to relent and encourage domestic production (I wonder when Congress will just butt out). He yields to Senator Hatch at 18:50. Senator Hatch continues on Grassley's theme, that tax extenders (deductions for school supplies, push-out the trigger level for alternative minimum tax, R&D tax credits) should be implemented.

Senator Hatch says he will oppose the cloture motion on the motion to proceed to H.R.6331 - Medicare. Yep. Cloture motion and cloture vote without the intervening day provided for in Senate Rule XXII.

Senator Hatch notes the presence of Majority and Minority leaders on the floor, and prepares to defer - they wave him off.

---===---

Jurist: Canada court orders release of Khadr classified information

Canada cannot now object to the disclosure of this information. The information is relevant to the applicant’s complaints of mistreatment while in detention. While it may cause some harm to Canada-US relations, that effect will be minimized by the fact that the use of such interrogation techniques by the US military at Guantánamo is now a matter of public record and debate. In any event, I am satisfied that the public interest in disclosure of this information outweighs the public interest in non-disclosure.

---===---

19:08: Senator Ried - UC request - Cloture motion on a motion to proceed to H.R.6331, with one hour of debate before the cloture vote, followed by debate and vote, including on final passage.

H.R.2642 - Supplemental Appropriations - Coburn point of order (budget act), then vote on the motion to concur in the House amendment.

Senator McConnell will not object - he wonders if 60 minutes of debate are needed on Medicare. Reid says yes.

19:11: Cloture motion filed on the motion to proceed to H.R.6331 - Medicare

H.R.6304 - FISA to be taken up again after recess, on Tues July 8 - all post cloture time to be yielded back, Senate proceed to the bill ... (agreement provides for ...
three amendments [none having supermajority threshholds],
five hours of debate on the amendments,
a cloture vote on final passage,
an hour of debate on final passage, and
a vote on final passage. A day of work - I'll fill in more details later)

19:13: Cloture motion filed on final passage of H.R.6304 - FISA

The 16 Senators who called for a limited debate on the bill were: Nelson (NE), Rockefeller, Carper, Pryor, Nelson (FL), Feinstein, Casey, Mikulski, McCaskill, Conrad, Inouye, Landrieu, Lieberman, Whitehouse, Bayh, and Salazar.

(The 17 Senators who called for a limited debate on the motion to proceed were: Whitehouse, Murray, Baucus, Johnson, Salazar, Mikulski, Rockefeller, Kohl, Casey, Inouye, Landrieu, Lincoln, Pryor, Feinstein, Carper, Lieberman, and McCaskill.)

19:15: Cloture motion filed on final passage of H.R.3221 - Housing Bailout Cloture vote at 5:00 p.m. Monday, July 7.

19:17: Senator Reid is "satisfied" that a plan has been laid out to get all the work done. The spinning of wheels in the sand has been fixed, progress has been set in motion. He notes that the DEMs have a very slim majority.

The short version: Action today will be H.R.6331 - Medicare and H.R.2642 - Supplemental Appropriations, then recess. H.R.3221 - Housing Bailout and H.R.6304 - FISA are pushed out to the week of July 7.

Listen to the UC Agreements and a bit of follow up speechifying:

---===---

19:22: The Senate shifts to the consideration of H.R.6331 - Medicare.

20:20: Start the vote on the motion to limit debate on the motion to proceed to H.R.3221 - Medicare

20:55: The motion to invoke cloture on H.R.3221 - Medicare, was REJECTED on a 58-40 vote

Senator Reid entered a NAY vote so he could enter a motion to reconsider. This missed by one vote.

H.R.5690 - removing the designation of terrorist organization from African National Congress, was passed.

Sentor McConnell proposes a clean 30 day extension of Medicare - a new bill, not yest sent to the desk, to be read three times and passed. Senator Reid hems and haws, and says that if the GOP wanted to help, it would have agreed to taking up H.R.3221. Rather than answer "is there objection," he uses leader time to deliver a speech - then he objects.

Senator McConnell is heated - he is upset that there is no agreement to at least hold status quo, as a result, there will be a reduction in payments to doctors starting next week (it just changes billing, and results in a big paperwork mess, in fact).

Senator Reid says "must have been a Freudian slip, '59 Democrats voted for this,' but next year there will be 59 Democrats in the Senate."

---===---

21:11: The Senate moves onto the Supplemental Approriations bill. Senate Amendments to the House Amendments to the Senate Amendments to the House bill ...

21:19: Senator Coburn rasises a point of order against a 300 million dollar (I think) Census Bureau funding detail, being improperly designated as "emergency." He says the Census Bureau has sufficient funds, there is no emergency. Senator Murray bald-face LIES and says the point of order is against EVERY item in the bill that carries the designation "emergency spending."

21:41: Senator Coburn's "emergency designation" budget point of order against H.R.2642 - Supplemental Appropriations, was WAIVED on a 77-21 vote

Last vote coming up, this is on the motion to concur in the House amendment ...

Chatter in the background, "Have a good week." "I will, you too."

21:55: The motion to concur in the House amendment to (the Senate amendment to the House amendment ...) H.R.2642 - Supplemental Appropriations, was PASSED on a 92-6 vote
NAY votes: Allard, Coburn, Craig, DeMint, Kyl, Voinovich

---===---

Senator Nelson of Florida asks UC to take up and pass S.2766 - Clean Boating Act.
Senator Murkowski asks to have the bill amended, Senator Boxer says the amendment is a substitute that was never before a Committee - and objects to Murkowski's amendment. 13 million recreational boaters will not have to get a permit to discard their pollution, says Boxer.

Senator Murkowski objects to passing S.2766. That's going to piss some people off. There are 38 sponsors of the bill, about half of them are Republicans.

22:00: Senator Landrieu speaks on the Supplemental (just passed), and starts begging for money. She is pissed off that the Senate reduced payments and debt forgiveness to Louisiana, and she will object to everything in sight until she gets her way. Her idea of "10 minutes" uses the same "dog minutes" that Reid referred to - the minutes run a little on the long side. Done at 22:16, and she takes 2 additional minutes to pay tribute to a recently deceased NOLA character, Justice Revius Ortique of the Louisiana Supreme Court.

22:23: Into quorum call. Senate shutdown for recess is imminent. No more substantial business to conduct, that I can see.

22:36: Senator Dodd speaks briefly on Housing Bailout. He asserts that foreclosure is the lynchpin of the country's economic woes worldwide. He's disappointed that the Housing Bill wasn't completed, but one or two members were refusing to allow amendments to go to debate. He's disturbed and disappointed that FISA is getting greater priority and attention than foreclosure bailouts. Done at 22:49

S.2565 - Federal Law Enforcement Congressional Badge of Bravery Act of 2007 - passed

H.R.3986 - John F. Kennedy Center Reauthorization Act of 2007 - passed as amended

H.R.802 - Maritime Pollution Prevention Act of 2007 -passed as amended

S.Res.604 - Cal State Bulldog Baseball Congrats - passed

S.Res.605 - Commemmorating 60th anniversary of Berlin Airlift - passed

H.Con.Res.379 - Conditional Adjournment Resolution - passed

S.3218 - to extend pilot program of obtaining criminal background checks - passed

Three bills first reading:
S.3202 - to address record high gas proces
S.3213 - to designate national wilderness areas
H.R.3195 - restore intent and protection of the Americans with Disabilities Act

Oral modification of the UC agreement relating to FISA - Specter and Bingaman amendments to be subjected to 60 vote thresholds.

22:58: Adjourned to 9:45 Friday. Next vote at 5:30 pm Monday, July 7.

---

June 27

09:50: Senator Reid reiterates the general plan for the week of July 7, with FISA in line to be completed on July 8th.

Today will be used to clear a number of nominations. Senator Reid goes through the usual preliminary speech and justifications that will be later supplanted (we sought agreement with the WH, but just didn't get it) to support ordering pro forma sessions through the recess.

10:10: Senator Reid propounds a UC agreement to pass S.2731 - Tom Lantos and Henry J. Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, with the Biden Lugar substitute amendment, and is met with rejection.

Senator Reid say this objection will be an embarassment to President Bush in his international travels and talks.

Senator Reid then propounds an alternative UC agreement - the bill to come to the floor when both leaders agree, with specified amendments to be in order (2 on each side, plus the usual panoply of routine amendments, i.e., manager's amendment), debate on the bill limited to 2 hours, debate on each amendment also having time limits. To be folded into (in place of) H.R.5501 and sent back to the House.

Senator Sessions says he's not at liberty to give consent on behalf of Senator Kyl - and that as the House is out of session, agreeing now (as opposed to after recess) does not save time.

Senator Reid is disappointed, but indicates he intends for this bill to be taken up and passed in the next work period - before the summer recess.

Senator Sessions notes that Senators are right to withhold consent to pass a bill, until they evaluate it, and points to changes instigated by Senator Coburn that improve the effectiveness (disease reduction) of the bill. Exchange over at 10:18.

---===---

Senator Cantwell on energy prices, and economic woes. "This really is a problem for us." You said it sister. If the Democrats had a lick of sense, they'd accept their share of blame for trying and failing to micromanage the economy into good condition.

Her solution is to assert control over the futures trading. Technically, to order the CFTC to assert control (obviously the bureaucrat failure, Congress can't be responsible for anything).

She asks UC to pass H.R.6377

To direct the Commodity Futures Trading Commission to utilize all its authority, including its emergency powers, to curb immediately the role of excessive speculation in any contract market within the jurisdiction and control of the Commodity Futures Trading Commission, on or through which energy futures or swaps are traded, and to eliminate excessive speculation, price distortion, sudden or unreasonable fluctuations or unwarranted changes in prices, or other unlawful activity that is causing major market disturbances that prevent the market from accurately reflecting the forces of supply and demand for energy commodities.

Senator Sessions offers a modification, to make H.R.6377 the first order of business after FISA, and that it be permitted to offer and debate the language of S.3202 - A bill to address record high gas prices at the pump - as an alternative. No dice, says Cantwell, this word needs to get to President Bush now, so the CFTC treats the futures regulation situation as an "emergency."

---===---

EFF is hosting what would be the WH Policy Statement on the H.R.6304 - FISA. EFF: "DNI and AG Fear Court Ruling on Warrantless Wiretapping"
Link to policy statement (pdf)

"Will veto" if any of the amendments pertaining to retroactive immunity are passed. The administration continues to argue for absence of ANY Court review of its actions.

---===---

13:32: Senator Levin seems to be shutting down the Senate. He just passed about 12 bills en bloc (maybe Post Office namings).

H.Con.Res.277 is passed.

H.R.3564 is passed, with a Coburn amendment held at the desk.

13:36: In executive session, a number of nominations are confirmed (reading a list of 20 or 30 calendar numbers)

13:38: The Senate stands adjourned until 10:00 a.m. Monday, June 30, 2008, when it will be open until 2:00 p.m. conduct a pro forma session; then will adjourn until 2:00 p.m. Monday, July 7, 2008.

Boumediene

I don't suppose my point of view on this case is unique or profound, but I'm going to spout off anyway.

First, a collection of some of the comments I've made elsewhere.

Balkinization: "Early Summary of Boumediene"

-- the barring of habeas is acceptable given that detainee rights/protections are stronger than they have been in the past. --

I too see that as a sound-bite argument. In order to reach a defensible opinion on "protection of rights," one has to see the rules AS APPLIED. The CSRTs involved in these cases have been too opaque and appear slanted. Maybe they aren't, but without the right see the details (even in camera), no credible court is going to bless the process or outcome.

11:30 AM

Volokh: "Boumediene, Executive Power, and Congressional Power"

I don't know if this case is a first impression of striking down a Congressional War enactment "while the war is still on," but it's been my opinion for some time that the failure here belongs more to Congress than to the president.

Congress KNEW it had a duty to compose Military Commissions Law (i.e., that the Trial Commission unilaterally-constituted by the executive was unconstitutional), and didn't act until after the Hamdan decision. Then, it took the "easy" route of adopting the MCA language provided to it by the administration, instead of engaging in a serious and principled debate. Pure politics - and the result should be an embarrassment. Predictably, Congress is blaming the administration.

6.12.2008 2:53pm

BeldarBlog: "SCOTUS disgrace: Foreign terrorists captured abroad held to have same rights under U.S. Constitution as U.S. citizens"

I think you exaggerate the scope of today's decision, but to good effect.

I also think the gap between what has gone on, and an alternative history where this case comes out the other way, is not large. Had Congress and the president worked together in 2001/2002 to craft a MCA, Hamdan would have been decided differently. If the CSRT process left a substantive factual trail, SCOTUS may have found the process an adequate substitute for habeas.

Jun 12, 2008 4:31:52 PM

I see this decision as a firestop by SCOTUS, faced with failures by a derelict Congress and over-reaching executive. It's tough for the supposedly impartial branch to come out looking "right", when the public is partial.

Jun 12, 2008 6:40:17 PM

My "exaggeration" opinion is based on two points. First, the statute rendered unconstitutional had applicability to a very narrow class of detainee. It has no impact on POWs, people literally captured by US forces on a battlefield and held for the duration, etc. Second, SCOTUS did not remotely give the GTMO detainees the same right of access to courts, as common criminals have.

By over-reaching executive, I have several points in mind. First, the labels "worst of the worst" and "battlefield captured" don't clearly attach to every detainee. Boumediene was taken in Bosnia, after the Bosnian courts released him for want of evidence. Second, the statutory scheme passed by Congress was drafted by the administration, and is strongly biased toward obtaining convictions. The conviction-bias results from admitting testimony obtained under duress (playing judge, I'd admit it, but would diminish its weight); withholding inculpatory evidence (making it impossible to rebut); government findings being given a conclusive presumption of being complete and accurate (i.e., true); setting a presumption of guilt in combination with "preponderance" being the standard for finding guilt; and limiting the DC Circuit review to the question "were the procedures followed." Third, the administration "gamed" cases - e.g., shifting Padilla from military to civilian venue - in order to avoid court decisions on the merits.

Volokh: "It's Unlikely, But Worth Noting"

I think there are two overlapping methods to describe the scope of (and rationale for) suspension. One being geographic, that courts can't be "open" or "trusted" (see KKK situation) in a lawless geographical area. The other is as applied to a class of people. The fact that some infraction of the UCMJ can't be put before an Article III Court does not mean that habeas has been suspended as to members of our active military.

My sense of the over-riding point of habeas is that justice should be detached, transparent and objective; to the full extent practicable.

6.12.2008 3:45pm

-- This is the worst SCOTUS decision in the history of the United States. --

I'd put Wickard, Casey, and Kelo as worse for a society that aims to value individual freedom and the transparent and accountable exertion of the power that flows from the barrel of a gun.

What if Congress and the President worked in cahoots, and established GTMO as a black hole for detention? Is there no room for SCOTUS intervention?

Just saying, at some point any reasonable person would call for the Court to step in - e.g. if Congress and the President agreed that per se being at GTMO means guilt and the guilty have no right of rebuttal.

Give the miscreants a fair and transparent process, then execute or detain the guilty.

And so, the devil is hanging out there in the details, as to whether or not the Court saw a sufficiently fair and transparent process. 5 out of 9 claim they didn't.

6.12.2008 5:31pm

There is a natural tendency to evaluate the outcome of this case as SCOTUS stepping where it shouldn't, under a separation of powers basis for analysis. My inclination is to view it not only as where, but also as when.

The administration appears to be losing its case in Bismullah, and that case is focused on the adequacy of the MCA procedures, particularly on the record and bases for review that are to be before the DC Circuit as it evaluates the conclusions of a CSRT determination.

Those who object to the Boumediene decision on separation of powers grounds must also object to the DC Circuit's direction in Bismullah. So what? Well, if the DC Circuit (which is generally administration-friendly) reaches the same conclusion as to adequacy of the CSRT/MCA process (as construed by the administration), as 5 SCOTUS judges did in Boumediene, then it undercuts the buzz that "we're being ruled/ruined by 5 men in robes." The conclusion moves closer to the grail of being "mainstream" or correct as a matter of principle.

Andrew Kent's March 2007 article, "D.C. Circuit Upholds Constitutionality of Military Commissions," is worth revisiting in order to reinforce the point that the administration's position has always been contentious. Rogers dissented in the D.C. Circuit's Feb 20, 2007 decision upholding the MCA.

Tangentially related, but relevant (and good for a bit of levity), see "Benchslapped: Take This Brief and Shove It," the backstory on the rejection of an amicus brief presented to the DC Circuit as it was considering the Boumediene case.

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Going Forward

Statement of Peter Carr, Deputy Director of Public Affairs,
on the Supreme Court Decision in Boumediene V. Bush

"We are disappointed with the Court’s decision. The Court recognized that an adjustment to typical habeas proceedings may be appropriate, but required the hundreds of actions challenging the detention of enemy combatants at Guantanamo to be moved to district court. The Department is reviewing the decision and its implications on the existing detainee litigation.

"While we disagree with the ruling, it is important to note that the Boumediene case did not concern military commission trials. Boumediene involved a challenge to the procedures that Congress and the Executive have established to permit enemy combatants at Guantanamo to challenge their detention during ongoing hostilities. Those enemy combatants who have been charged by a military commission with war crimes are afforded numerous additional protections in connection with those trials. Military commission trials will therefore continue to go forward. To the extent that Boumediene addresses matters that could affect the commission trials, those matters will initially be litigated before the military commissions themselves. In the event of a conviction, the accused will have the right to appeal to both military and federal appellate courts."

I see Senator Graham, as the opening act for a McCain speech in New Jersey, talking about the decision. He disagrees with the United States DOJ, saying that as a result of the SCOTUS decision, KSM now has the same legal standing as an American citizen, and that assigning of "enemy combatant" status will no longer be made by CSRTs trained in the matters of warfare, rather, that detainees are now able to forum shop among all of the Federal District Courts to find a sympathetic judge.

There is massive falsehood in Senator Graham's set of assertions.

June 2008 - Almost Summer Recess

President Bush's May 31 Radio Address contained this list of demands for legislation:

• A responsible war funding bill
• An expansion of the GI Bill
• FISA reform with telecom immunity
• Colombian Free Trade Agreement
• Nominations, ESPECIALLY Federal Reserve, Council of Economic Advisers, and Steve Preston as Secretary of Housing and Urban Development
• Modernize the Federal Housing Administration, reform Fannie Mae and Freddie Mac
• Legislation to expand domestic energy production

---===---

Today's action will include a 5:30 p.m. cloture vote as to whether or not to limit debate on a motion to proceed to S.3036 - The Lieberman/Warner cap-and-trade scheme.

14:07: Opening remarks pertain to energy policy. No hints as to what will be taken up should the Senate fail to agree to limit debate on taking up the Warner/Lieberman scheme.

14:24: Senator Reid is "stunned" that Senator McConnell is surprised the Senate would consider taking up a carbon cap and trade scheme while energy prices are high. He talks as though he expects cloture to be invoked, followed by the 30 hours of post-cloture debate time rather than waiving that time, and proceeding directly to the bill. Another example of GOP delay, says Reid. And given the state of the economy, this legislation should be taken up, not blocked. "Global warming is real, and it is caused by man-made pollution. ... No one can dispute that."

17:57: Cloture to limit debate on the motion to proceed to S.3036 - The Lieberman/Warner cap-and-trade scheme, was PASSED on a 74-14 vote.
NAY Votes: Allard, Barasso, Bunning, Byrd, Coburn, Craig, DeMint, Enzi, Hatch, Inhofe, Kyl, McConnell, Sessions, Shelby

Senator Boxer asks for UC that the Senate proceed to the bill tomorrow, immediately after morning business. The Republicans object. Likewise, to a proposal to proceed after the Senate's beauty photo. Senator Boxer is disappointed that the debate can't start straightaway, but she's pleased that the bill and subject will be debated.

Senator Kerry asserts that GOP insistence on 30 hours before adopting the motion to proceed (to formally take up the bill) is based on a specious premise, that somehow Senate debate time has limits, so THIS 30 hours is vital. He's correct.

18:25: Senator Boxer adjourned the Senate until 10:00 a.m. tomorrow.

White House Statement of Policy on S.3063 (Will veto).

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June 3

NRO Corner: 06/03 06:28 AM (citing "Roll Call")

Another senior Senate Democratic staffer echoed those sentiments: “Everyone knows this bill is going nowhere. The president is opposed to it. The House is not inclined toward action on this, and now we’re going to spend valuable floor time on a bill that’s going nowhere ... while Republicans are champing at the bit to accuse Democrats of raising gas prices.”… “Boxer is walking us off a cliff,” another senior Senate Democratic aide said.

10:12: Senator Reid basically complains about the "filibuster" that delays moving forward with the Captain Trade (a play on cap 'n' trade) bill. At the same time, he is concerned about permitting an open amendment process, and resurrects the Republicans raising a McCain-friendly amendment in the context of debate on the GI bill of rights.

This looks like a do-nothing day, from this distance.

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June 4

In a House-pressuring (or maybe recess planning) move, the Senate will vote on S.Con.Res.70 - the Budget Resolution, at 11:45 this morning. The procedural posture is funny, the Senate amended the bill, sent it back to the House, and now, before the House votes, the Senate will vote as though the House has agreed to the Senate amendment.

If the House doesn't agree by June 17th, the Senate vote will be vitiated. I'm picturing Marvin the Martian wielding a vote-vitiator.

---===---

Otherwise, the Senate will pick up the Captain Trade bill -- It'll be interesting to see if the GOP and DEM parties have negotiated an agreement relating to the scope and number of amendments.

I expect the ultimate disposition of this bill to be "set aside for failure to obtain cloture" on either the underlying bill, or some deal-breaker amendment.

---===---

Senator Smith has a competitor that makes his "legislation will change hearts and minds" wishful thinking look positively grounded.

I am absolutely certain that generations from now, we will be able to look back and tell our children that this was the moment when we began to provide care for the sick and good jobs to the jobless; this was the moment when the rise of the oceans began to slow and our planet began to heal; this was the moment when we ended a war and secured our nation and restored our image as the last, best hope on Earth.

I'm torn between hysterical laughter and puking, at that tripe.

---===---

Pentagon statements on replacement of war court judge

"The decision not to extend Colonel Brownback's recall orders for a fifth year was made by the Army in February 2008. It is my understanding that this decision was based on a number of manpower management considerations unrelated to the Military Commissions process. ..."

One of Brownback's "pain in the rear" rulings (that his Military Tribunal was not competent, as a matter of law, to find a person to be an unlawful enemy combatant) was rendered in 2007.

---===---

12:13: S.Con.Res.70 - the budget resolution, was PASSED on a 48-45 vote.

---===---

12:25: Now comes speculation, from Senator Domenici, that Senator Reid may be planning to "fill the tree" on the Captain Trade bill. That's one of several methods of causing a failed cloture motion and disposing of the bill by early next week.

12:49: The motion to proceed is agreed to on UC. The bill is laid before the Senate. Boxer S.Amdt.4825 (a substitute) is proposed, and the clerk started reading it. Senator Reid made a (routine) motion to waive the reading, and Senator McConnell objected. The clerk is reading. No telling how long this will go. A second motion to waive the reading, and the objection is renewed.

Senators Lieberman, Warner and Reid conferenced (sometimes animated with arms) for 5 minutes or so. The clerk is reading to a mostly empty chamber.

I assume this is GOP reaction to a plan for filling the amendment tree, rather than being retaliation for not moving judicial nominations or some other perceived slight.

I'd link to the text of the amendment, so we could all read along, but the amendment wasn't offered to the Senate until this morning, maybe not even until just now. As of 13:01, the clerk hasn't even completed reading the table of contents (Title and Section numbers and short names).

13:11: Senator Boxer asks to waive the reading. Senator Cornyn objects, he says because the bill is 497 pages of new material. Senator Boxer is riled, says the material is known to the Senate, and repeats her request for consent to dispense with the reading. Senator Cornyn asks for regular order, and the presiding officer (Senator Menendez) orders the clerk to resume reading.

14:11: The Senate clerks have been working in shifts to read the bill. I like the music of quorum calls better.

15:07: Senator Lieberman asks consent to dispense with the reading, and objection is heard. Senator Boxer tries again. "This bill will save the planet and will make the US energy independent." Senator Allard objects. Back to reading.

15:55: GOP halts Senate over Bush nominee - Stephen Dinan (WaTimes)

Senate Minority Leader Mitch McConnell made good on his promise of retribution against Democrats for their slow pace in confirming judicial nominees by bringing the Senate to a halt Wednesday. He forced a clerk to read every word of the 491-page global warming bill.

Well, if this particular delay is over judicial nominations, Senator McConnell has done a poor job of expressing that "cause and effect" association. But this from Bench Memos on National Review Online indicates that Senator McConnell today renewed the general threat of "consequences" for not acting on judicial nominations.

17:22: Still reading. I haven't noticed any additional interruptions. But this is pure waste. There are no Senators in the Senate, other than the chair-warmer who is "presiding."

18:23: Still reading. Senate Republicans 'Slow-Walk' Global Warming Measure - CongressDaily

The full reading of the bill may take at least four hours, a spokesman for Majority Leader Reid said. ... Reid's spokesman said there may be an announcement today on whether Democratic and Republican leaders will be able to reach an accord on limiting amendments to the bill. ... A lobbyist closely following the talks said Reid today will "fill the amendment tree," ...

I'll pick "fill the tree" for $800, Alex. This bill isn't going to go anywhere. The clerk is getting punchy ... almost giggling through the "kick start program" parts of the proposed legislation.

19:50: The clerks are still reading. Seven hours elapsed.

Mom, will you read me a bedtime story? Not tonight, dear.

20:01: Senator Salazar asks UC to dispense with the reading. Senator Corker objects. Senator Salazar asks the chair, a parliamentary inquiry, if it is in order to ask a question of the Republican Senator. "No," comes the answer, "regular order is reading of the bill." Senator Corker asks for regular order.

20:53: Eight hours of reading elapsed. I wonder what the record is? At least this isn't nothing but tax code.

21:45: Done reading. Back to whining.

21:50: Senator Reid initiates a "hot" quorum call," moving to instruct the Sergeant at Arms to request the presence of senators in order to obtain a quorum.

00:18: After agreeing to break a bit of the logjam over nominees, the Senate confirmed many of the non-judicial nominees, including the HUD nomination particularly mentioned by President Bush, arranged resumption of debate on Captain Trade, and adjourned until 9:30 later this morning.

Read the commentary at confirmthem.com for more on "the deal." Heh. Such a deal. Hint ... "the deal" doesn't involve Circuit Court nominations.

Congressional Record of heated discussion over Captain Trade and nominations (Page S5021, et seq).

McConnell: With regard to the notion that somehow everybody had a chance to look at this bill, we got it at 11:15 this morning--the substitute at 11:15 this morning.

Reid: the substitute has been around for 2 weeks. The summary has been around. Anyone who had a question about this, all they had to do was call Senator Boxer, Senator Lieberman, or Senator Warner. They know this bill upside and downside. So to say they just got it today, that is how we do things here; the summary has been around a couple of weeks. Anyone who wanted to see the guts of the bill could look at it.

-----

Reid: Republicans on the Judiciary Committee objected to expedited consideration of the Michigan nominees. One of them had already been approved to be a Federal district court judge ... already had an ABA approval of high ranking, high approval. They said: No, we want the ABA findings again before we are allowed to do anything. As a result, it was impossible to have the Senate consider these two additional nominees before the recess, despite my best efforts. ...

Leahy: I was wondering what was going on until I read in the Washington Times the Republican fixation on judges is part of an effort to bolster Senator John McCain's standing among conservatives--which is unfortunate; to bring in the judiciary, the independent Federal judiciary, and make them a political tool. ...

-----

Mr. REID. Mr. President, I try to be a very patient man. I know my friend [Senator Sessions], whom I complimented publicly on the floor, didn't mean what he said this morning about me.

I am sure if that were brought to his attention, he would ask that to be taken from the Record because it is in violation of the rules; basically, that I was clueless. I am sure he did not mean that, but that is what he said. And people said it is a violation of rule XIX.

I say first to my friend from Alabama, he said that. Was it something he did not really mean, that I was clueless? Because that is an insult. I would ask my friend, did you really mean that I was clueless?

Mr. SESSIONS. If I was violating a rule or saying anything to insult the majority leader, I would apologize because I do respect the majority leader. He always treated me fairly, as I think he does most people in the Senate. I think he is so recognized. [as clueless!]

-----

Mr. McCONNELL. I think we are close to an understanding here that allows us to clear this [non-judicial] nominations package. You have your chairman here, and I am authorized to speak for the ranking member [Specter] on this issue.

Did the majority leader say, in consultation with his chairman, that we could expect to schedule these votes within the next week or so on these noncontroversial district court judges?

Mr. REID. That is what I said.

Mr. McCONNELL. Then I think we have reached an understanding

On the subject of "clueless" Senator Reid, see Page S4998 ...

On Monday, my good friend, Senator Reid, the Democratic leader--and I do admire him, and he has a tough job, there is no doubt about it. I know he can't make everybody happy--seemed hurt Monday that the Republican Leader Mitch McConnell said bringing this bill up demonstrated he was out of touch. Well, I say that is maybe too nice a term. Maybe "clueless" would have been a legitimate term. Senator Reid is such a wonderful guy. He comes from Searchlight, NV. I suggest he go back to Searchlight and talk to real people. What are they going to say, that they want us to raise prices of gasoline? Give me a break. They are not going to tell him that in Searchlight, just as they didn't tell me in Alabama to come here and pass higher taxes on gasoline, to create bureaucracies the likes of which we have never seen, to create high energy prices, to drive up the price of energy by this complex, sneaky cap-and-trade tax system that the Wall Street Journal calls the greatest wealth transfer since the income tax, or to create a bureaucracy that is going to monitor this complexity throughout the country.

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June 5

According to the legislative calendar, Captain Trade and the Boxer Amendment is not still pending. But as Senator McConnell (accurately) summarized last night, "[the Senate] is in the position, with the tree being filled tonight and with cloture being filed, to have this massive, significant bill in effect voted on without any amendments."

A pair of UC agreements summarize plans for today, while S.3036 stews in the cloture motion/cloture vote delay:

• Upon the conclusion of Morning Business, resume consideration of the motion to proceed to S.3044, a bill to provide energy price relief, hold oil companies accountable for their actions with regard to high energy prices, and for other purposes. (Consumer-First Energy Act of 2008)
• At 4:00 p.m., proceed to the consideration of H.R.6124, the part of the "farm bill" that Congress forgot to send to President Bush after it passed H.R.2419. The missing piece gets an agreed one hour of debate followed by a vote on passage

The Congress is going to hold oil companies accountable for energy prices? The arrogant lying bastards [Congress] need to be held accountable for that, themselves.

A somewhat interesting procedural move, in that Senator Reid propounded and filed a cloture motion to limit debate on the motion to proceed to S.3044, then the cloture motion (on the motion to proceed) was withdrawn. Still, the Senate has not agreed to proceed to the bill.

S.3044 includes a windfall profits tax, the NOPEC scheme, empowers the president to declare an "energy emergency" in the framework of disaster relief legislation, orders an indefinite but "substantial" increase in margin allowance for futures trading, and is generally stupid legislation (in my opinion).

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09:47: The debates over the pace of nominations and procedural posture of the Captain Trade bill continue, in fairly predictable form. Action on nominations will include three District Court nominations, two more Circuit Court nominations to emerge from the Judiciary Committee, and whatever additional (three at most, could be zero) Circuit Court nominations the GOP manages to squeeze out of recalcitrant and unrepentant Democrats.

09:52: Senator Durbin is crying in his corn flakes, over Republican obstruction to legislation on the critically important issue of saving the planet from the sta-puft marshmallow man. He's also echoing Obamamessiah's campaign slogan, "change."

The particular issue of ANWR is brought up, and rejected by Senator Durbin, speaking for the Democrats. And the Democrats honestly think the public is as clueless as Senator Reid is? Well, sad to say, they are probably right on that.

09:58: Senator Enzi's tribute to Senator Thomas is showing a bit of temper. He's calling out the Democrats for failure to deliver on commitments, and on legislating outside of the committee process.

10:51: Senator Specter on the subject of confirmations, he refers to the current situation as "gridlock." He doesn't offer any solution, other than his opinion that qualified nominees ought to be moved to the floor and voted on. He goes on to complaining about the tree being filled on the Captain Trade bill, and notes that the bill will not obtain cloture, as long as amendment process is restricted. He also has entered into the record, some statement about the NFL and the New England Patriots rule-breaking taping of opposition strategizing.

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11:35: Senator Murray goes off on the subject of the Pentagon giving Airbus the contract for next generation carbon-releasing refueling aircraft, instead of to Boeing. She says the legislated GAO review is inadequate, because it's limited to reviewing if the contracting procedures were followed and don't require it to reach a subjective conclusion as to which contractor choice is "better."

She wonders why, if the US is suing Airbus in the Court of World Trade for unfair business practices, why then would the US buy from that same company? The answer to that is obvious - unfair business practices in the form of tax-payer subsidy result in a LOWER PRICE.

Plus, IIRC, Boeing is also being sued by the US for cheating on contracts. So, same question, why buy from Boeing? Short answer -- who's suing over which business practices should NOT be a heavily-weighted factor in making a tanker-builder decision. The suits stand independently.

I think that Boeing is the better choice - but Congress is being stupid by trying to force others to reach that conclusion with tangential legislation, like GAO studies; and tangential arguments, like "contractors cheat" or "contractors take government subsidies."

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12:04: Morning business is over, the motion to proceed to S.3044 is the business of the Senate. S.3044 is not pending.

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13:58: An exchange between Senators Reid and McConnell on S.3036, where Senator McConnell sought to have the amendment tree taken down so a gas-price amendment could be offered. Senator Reid objects, notes that Senator McConnell has objected to committee meetings, and that a gas-price bill will be subjected to a cloture vote tomorrow.

Senator McConnell reclaims the floor, and asks that his proposed amendment to appear in the record, and says he is sorry this amendment couldn't be taken up, debated and voted on.

14:09: Senator Reid says that the introduction of judicial nominations to the global warming debate is a diversion. He then goes on to make a generally political speech comparing the inaction on global warming under President Bush with the serious action now being advocated by the Democrats.

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17:37: H.R.6124, the missing part of "the farm bill," was PASSED on a 77-15 vote. (veto-proof)

Senator Reid says the cloture vote on the global warming "Captain Trade" bill will be conducted as early as possible tomorrow, 9:00 a.m., and Monday is a no-vote day.

19:33: Senator Lautenberg closing down the Senate.

S.2482 - to repeal the provision of title 46, United States Code, requiring a license for employment in the business of salvaging on the coast of Florida - Passed
H.R.3913 to allow private entities to lease certain property at the International Chancery Center (ICC)--a parcel of land in Washington, D.C., owned by the Federal Government - Passed
H.Con.Res.311 - soap box derby - Passed
S.Res.586 U.AZ. Women's softball congrats - Passed
H.J.Res.92 increasing statutory debt limit, read the first time

19:38: Adjourned until 9:00 a.m., with an IMMEDIATE vote on the cloture motion to limit debate on Boxer S.Amdt.4825 to S.3036 - Captain Trade. Then to a second cloture vote, to limit debate on the motion to proceed to the DEM-proposed gas-price-increase bill, S.3044.

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June 6

The cloture motion to limit debate on Boxer S.Amdt.4825 to S.3036 - Save the planet, was REJECTED on a 48-36 vote.

Senator Boxer read a message from Senator Clinton yesterday, conveying Senator Clinton's regret, in advance, of not being able to make it to the Senate in order to vote on this specific item. Excuse me, but Senator Clinton was reported to have been in DC last night. Not that it would have made a difference in the vote, but it guts Senator Reid's criticism of Senator McCain for not voting.

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If you are a football fan (I'm not much of one), this is positive MUST READ material. Senator Specter is mad as hell at how the NFL has "handled" the New England Patriots rules violations, vis-a-vis stealing opponents defensive play signaling.

Senator Specter on the NFL

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11:42: Senator Sheldon Whitehouse is making a speech on secret OLC legal opinions relating to the exercise of executive power to surveil persons on US soil, without judicial oversight.

I find the administration's legal arguments on this subject to be laughable, and that's a charitable slant. Senator Whitehouse has a vastly superior constitutional argument here.

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13:08: Senator Nelson (FL) starts the wind-down for the weekend. S.Res.588 is passed, H.J.Res.92 (statutory debt limit increase to 10.6 trillion dollars) is read a second time, and S.3098 (IRS code extensions) is read a first time. Quorum call ....

Text of S.3098, non-contentious date extensions of quite a few IRS code provisions, including the AMT and energy write-downs.

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14:05: After several minutes of introduction, Senator Reid filed a cloture motion on the motion to proceed to S.3044, a bill to provide energy price relief, hold oil companies accountable for their actions with regard to high energy prices, and for other purposes. (Consumer-FirstLast Energy Act of 2008).

The cloture vote will occur Tuesday morning. Senator Reid says that if the GOP doesn't agree to THIS meddling in the energy market, then the GOP is responsible for high energy prices. I ask, why don't the Democrats just openly advocate outright nationalizing of the energy industries?

There is no Republican Senator on the floor.

Senator Reid also moved to proceed to H.R.6049 - Renewable Energy and Job Creation Act of 2008, pretended he received a GOP objection, and filed a cloture motion on the motion to proceed to H.R.6049. This cloture vote will also happen on Tuesday, conditioned on rejection of cloture on the motion to proceed to S.3044. That is, if cloture is obtained on the motion to proceed to S.3044, then the cloture motion on H.R.6049 will be withdrawn.

House Report 110-658 on H.R.6049 - Renewable Energy and Job Creation Act of 2008

14:08: The Senate stands adjourned until 3:15 Monday, at which time it will resume the motion to proceed to S.3044 - the Consumer-FirstLast Energy Act of 2008.

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June 9

A no-vote day, as the Senate debates whether or not to proceed to S.3044, Consumer-FirstLast Energy Act of 2008, and/or H.R.6049, Renewable Energy and Job Creation Act of 2008. Neither bill is pending.

15:30: Not much in the way of procedural news. Senator Specter is railing against the practice of "filling the tree," and notes that last week the Senate wasted a week dealing with a subject that was destined to be dropped on a procedural motion. He goes on to note other cases where "filling the tree" was done with the sole purpose of providing a venue for political talking points. He cites a CRS study that counts the number of instances of "filling the tree." Senator Reid is the winner by a nose, with 12 invocations. Senator Frist is a close second, with 9.

15:48: Senator Specter says the Senate may be viewed as "moribund," as a result of the tendency of majority leaders of both parties to use procedural shenanigans.

The facts show that the Senate is realistically dysfunctional. It is on life support, perhaps even moribund.

16:59: Senator Reid sets up a set of three confirmation votes on judicial nominees tomorrow morning, to follow the cloture vote (or votes) on the energy bill(s). He then asks to return Captain Trade (S.3036) to the calendar (make it no longer formally pending), but that move is met with Republican objection.

The three District Court nominations to be voted on are:
Mark S. Davis - E. Dist. Virginia
David Gregory Kays - W. Dist. Missouri
Stephen N. Limbaugh - E. Dist. Missouri

All three were voted out of Committee on April 24, 2008.

18:39: The Senate stands adjourned until 10:00 a.m. Tuesday.

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June 10

It's not just Senate legislating that sucks pond water: "Senate Votes To Privatize Its Failing Restaurants" - (WaTimes)

In a masterful bit of understatement, Feinstein blamed "noticeably subpar" food and service.

The employees have generous options going forward. (Text of S.2967)

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If cloture is invoked on the motion to proceed to H.R.6049, Senator Baucus will replace the House bill with a substitute amendment that includes a "patch" to the trigger for applying the Alternative Minimum Tax. Text at "Placed on Calendar in Senate" - H.R.6049.PCS

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Kucinich's 35 Proposed articles of Impeachment against President Bush.

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Commenting on an article in the NYT, which I take as a sign that FISA may become topical after a few months of Congressional inaction, Marty Lederman writes: What the FISA Debate is Not About.

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10:30: No surprises in opening remarks, and the energy debate takes on predictable form. The Republicans want to prospect for and develop mineral resources in the US, and the DEMs say "no" because a) it won't help NOW, and b) the US has insufficient mineral wealth to support itself, if and when the exploitation were to come online.

The DEM solution is to impose oversight and profit limits on energy companies, and to SUE foreign energy producers into price submission. Plenty of people are persuaded to prefer the DEM solution; generally on environmental and climatological bases, as well as on a preference toward high energy prices (but no private profit) as a means to reduce energy consumption.

11:09: Senator Domenici made a routine request to use leader time to make a point before the Senate moves to rejecting cloture on the "Consumer-First" Energy Act of 2008, and was met with DEM objection. He uses his remaining (four minutes) of minority time instead.

I'm wondering how Landrieu [NAY], Salazar [AYE] and Specter [NAY] will vote on proceeding to this bill. At any rate, it doesn't stand a chance of getting the 60 votes it needs to be picked up, and suspect it may be unable to obtain even 50 votes.

Senator McCaskill is saying that she is feeling pressure, due to the cost of energy. She's been successful at blaming PROFIT as the cause. She wonders why the energy companies don't invest in refinery capacity. Chutzpah. And then, that oil companies take out full page spreads in the New York Times as PR moves. Maybe Congress should make it ILLEGAL for energy companies to advertise. It's already illegal to advocate against politicians (see McCain-Feingold). Would save lots of money, and have the beneficial side effect of negatively impacting NYT revenues.

11:25 - 11:52: The cloture motion to limit debate on the motion to proceed to S.3044 - Consumer-First Energy Act of 2008, was REJECTED on a 51-43 vote. (predicted 51-44 rejection)
GOP Aye votes: Coleman, Collins, Grassley(!), Smith, Snowe, Warner

Senator Reid changed his vote to NAY so as to be able to enter a motion to reconsider. A more accurate accounting of the above outcome would be 52-42.

Warner has really fallen for the environmental / climatological "BOO!" Coleman, Collins, Smith and Snowe's votes aren't surprising in the least. Smith may even figure that a suitable change of hearts and minds will cause positive results as to the environment and climate.

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On H.R.6049, Senator Grassley asks Republicans to NOT vote for cloture on the motion to proceed, because the bill is loaded up with too many subjects (e.g., Davis-Bacon labor). I have no educated prediction as to how this vote will come out.

11:58 - 12:14: The cloture motion to limit debate on the motion to proceed to H.R.6049 - Renewable Energy and Job Creation Act of 2008, was REJECTED on a 50-44 vote.

With the failure to limit debate on proceeding to these two bills, Senator Reid is going to have to either modify the bills so the Republicans will agree to take them up, or choose something else altogether.

---===---

The next vote is on the confirmation of Mark S. Davis to be a federal District Court Judge for the Eastern District of Virginia. I suspect this vote (and the two other judicial nominations) will be unanimous.

12:20: Senator Specter reiterates his complaint against the parliamentary practice of "filling the tree." He indicates that he filed a proposal for a rules change, in 2007. Senator Leahy speaks on the subject at hand, that of three specific judicial nominees, and says that all the delay in obtaining votes for nominees is the fault of the Republicans.

12:24: Senator Leahy moves off the subject of nominees, and blames the Republicans for failing to advance the Democratic legislation that would reduce energy prices.

Senator Warner notes that the nominee is an ex-staffer of his, and that other staffers should take note, that if they too play their cards right, they can obtain a judicial nomination -- hint, being in good political graces can result in being placed on the short list of "suitable nominees" submitted to the president, BY the senators!

12:47: Mark S. Davis is confirmed on a 94-0 vote and the other two judicial nominations are confirmed on voice vote with two, maybe three Senators in the chamber. After that, this brief exchange:

Senator Brown: "I suggest the absence of a quorum."
Senator Tester: (in the chair, grinning, says forcefully) "No." (then fairly flatly, but still smiling) "Under the previous order, the Senate stands in recess." (slaps the gavel smartly to the desk and briskly rises to depart)

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14:17: C-SPAN2 came into the Senate a bit late, but in time to catch Senator Reid recess the Senate in order to permit the Judiciary Committee hearing on US interrogation tactics to continue over GOP refusal to grant consent to waive the "no hearing after the Senate has been in session for two hours" rule (Rule XXVI (5)(a)).

Reid asked for UC to go into recess subject to the call of the chair, and no Republican objected.

14:19: The Senate stands in recess, until the hearing on interrogation tactics is completed. When the Senate comes back in, Senator Reid intends the debate to be on the subject of gasoline prices.

The subject hearing appears to be one-sided, in that all the speakers see NO justification for "enhanced interrogation techniques."

Glenn A. Fine, Inspector General, U.S. Department of Justice: the FBI should be credited for generally avoiding participation in detainee abuse.

Valerie E. Caproni, General Counsel, Federal Bureau of Investigation: All allegations of detainee mistreatment during the course of interrogations were reviewed by FBI Headquarters and referred to the appropriate agency for investigation.

John E. Cloonan, Retired FBI Special Agent: my heart tells me that torture and all forms of excessive coercion are inhumane and un-American, and my experience tells me that they just don’t work.

Phillipe Sands QC, Professor of Laws, University College London: Coercive interrogation, aggression and torture must never be institutionalised: once the door is open it is difficult to close

Senator Leahy: One of the great tragedies of this issue is that the coercive techniques this administration was so determined to use are in fact not more effective.

Senator Feingold: I was also disappointed that senior officials at the FBI and Justice Department who learned what military and CIA interrogators were doing did not – or could not – do more to stop it.

15:30: Feinstein's hearing on interrogation techniques has concluded, and the Senate has reopened. Senator Lincoln asserts that the Democrat bills would certainly have reduced the price of gasoline. She said that Americans NEED the Senate, in order to have a growing economy.

Her argument is that tax incentives (which reflect the infinite wisdom of the Senate) are the cure, using wind energy as the industry she prefers to subsidize with tax incentives. I submit that a level tax scheme will let the market figure out which source(s) of energy are most cost efficient.

Then she turns around and advocates federal subsidy for child care, which encourages parents to leave their children in the care of strangers while both parents go off to work.

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Senators Feingold and Dodd urge Democrat leadership on FISA: FEINGOLD, DODD CALL ON CONGRESSIONAL LEADERS TO STAND STRONG ON FISA

Feingold and Dodd, who led the fight in the Senate against the immunity provision and other provisions containing overbroad, unchecked powers for the executive branch, wrote the following letter amidst reports that negotiations on FISA legislation may be nearing completion in the House.

Just to reiterate, fresh FISA action can be initiated by either chamber of Congress. The fact that the Senate is in possession of the ONLY "back and forth" between the two chambers, H.R.3773, does not mean that renewed action will pick up where it left off under that bill number.

Notice too, there has NOT been a House/Senate conference. That's because the legislative positions can't be reconciled by compromise. One side or the other will eventually capitulate. I believe that the administration will get everything it asserts it needs. Senators Dodd and Feingold might as well piss into a fan (again).

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16:37: Senator Boxer says those who deny that global warming is caused by human activity are like people who insist the earth is flat, and others who insist that smoking is a harmless activity. She also says that the Democrat windfall profit tax, etc. would reduce the cost of gasoline.

She is also saying the Republicans are the party of "status quo." That label works on both sides. Democrats are "status quo" when it comes to domestic exploration and extraction (e.g., ANWR and the continental shelf), GOP is status quo when it comes to policies that IT favors. Just saying, "you are for status quo" is a stupid insult, since it swings both ways.

17:10: Senator Sessions makes a point on the NOPEC proposal (where OPEC can be sued in the US for failure to produce sufficient oil). He says, "Can they sue the US for not drilling in ANWR? Maybe they should sue Congress." LOL.

Hey, I don't like the price that OPEC sets, any more than the next buyer does. But I have to admit, it is THEIR oil. Well, it is until the almighty Senate takes over OPEC.

17:22: Senator Vitter's turn in the barrel, he is comparing the Senate to Nero fiddling while Rome burned.

He notes that oil company profits, as a percentage of sales, is comparable (at 8.3%) to the profit margin of US manufacturing as a whole (7.3%, or, if the automotive industries are excluded from the average, 8.9%) and that the participants in the profit includes mutual funds and other investors.

Hey - President Nixon instituted wage and price controls. Let's try that again! It'll work if a Democrat does it, I'm sure that's true.

Senator Vitter also outlines his general proposal to permit oil exploration offshore if the price of gasoline hits $5.00 per gallon, and the "host" state agrees. As a carrot, he reminds the listener that the government gets a 37% royalty from the oil company. Yep, the higher the price of crude oil, the greater the revenue to the government!

17:36: Senator Barrasso's turn, and his angle is "clean coal." He has proposed an amendment to the Captain Trade (I know, it's "cap and trade") that would encourage the exploitation of domestic coal resources.

I'm about ready to take an ethanol break. Better that than a methane break.

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18:24: Senator Reid withdraws the motion to proceed to S.3044. He's going to re-introduce this motion after attempting to move to a different bill.

He moves to proceed to S.3101 - to improve beneficiary access to preventive and mental health services ("Medicare" for short), is met with objection, and files a cloture motion to limit debate on the motion to proceed to S.3101 ("Medicare"). That cloture vote, if conducted on schedule, will occur Thursday morning.

Senator Reid re-enters the motion to proceed to S.3044 - Consumer-First Energy Act of 2008, and Senator Stabenow resumes her speech bemoaning GOP obstruction of the DEM "guaranteed to work" solutions to the energy, employment, and other assorted crises. She wants to increase taxpayer outlay for unemployment while simultaneously raising taxes on employers. She wonders why Republicans are reluctant to join hands and sing Kumbaya.

She has that tired chart that enumerates "75 and counting instances of GOP filibuster." That statistic is meaningless outside of context. What was the content of each bill that the GOP refused to take up? I can imagine mirror-image content where DEMs would persistently refuse to engage in debate. The fact that Senator Reid hasn't offered a bill that is amenable to negotiation is a reflection of HIS choices. "Objection" isn't something that happens in a vacuum.

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18:52: Senator Grassley is explaining why he voted to limit debate on S.3044 - Consumer-First Energy Act of 2008. It's because he supports NOPEC. Well, bully for him, but NOPEC is, IMO, profoundly arrogant and stupid. Sue 'em in the World Court (yes, there is a World Trade Court), but setting up a plan to sue other countries in US courts, for the price they set for selling their property, is, well, arrogant and stupid.

To his credit, he's against windfall profits tax (either less is produced, or the tax is passed on to the customer) and other aspects of the bill.

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19:33: The Senate stands adjourned until 9:30 a.m. tomorrow. The Senate will remain on the motion to proceed to S.3044 - Consumer-First Energy Act of 2008.

I confess that I was watching baseball, and don't know what (if any) agreements were reached as far as amendments, substitutes, etc., but I did catch that agreement was reached as far as control of the floor, with 30 minute blocks of time alternating between Democrats and Republicans for four hours time period, followed by 10 minute slots.

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June 11

An example that makes a point I've stated here periodically, the fact that cloture was not obtained on the motion to proceed to S.3044 does not mean the matter is "dead." It means the Senate did not agree to limit debate. As a practical matter, it may or may not be "dead," depending on its contents and a separate decision by the Senate to turn to something else.

I think the DEM strategy at this point is to stay on the bill, and sell the public on the story that but for GOP objection to this bill, gasoline prices would be lower.

There's a cloture vote tomorrow morning on taking up a Medicaid bill. Between that subject and the several energy/environment bills still under consideration, it seems the window of time available this week is too small to admit debate on other (new) bills.

Anyway, on S.3044, the substantive debate points have already been made, so today's debate will be repetitious. "Can't drill our way out of energy dependence" vs. "Can't will (or tax) our way out of energy dependence."

The WH policy statement contains numerous "the President's senior advisors would recommend that the president veto the bill."

The House-passed version is H.R.6074 - Gas Price Relief for Consumers Act of 2008.

The WH policy statement also recites "veto recommended" as to the NOPEC scheme.

Some further reading about the oil market. Caveat emptor ...

History and Analysis - Crude Oil Prices
Crude Oil Price Forecast

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10:01: Senator Reid's opening is generally on the subject of energy prices, and he does not disclose any legislative plans other than beating S.3044 to death and conducting the cloture vote on S.3101 ("Medicaid") tomorrow morning.

He lays the blame for the price of energy at President Bush's and the Republicans' feet, and notes that the airline industry is affected by the price of jet fuel. He says the European airlines pay less for jetfuel because they pay in Euros, but American airlines have to use dollars. Say what?

He repeats the same claim/promise that DEM legislation WILL reduce the price of fuel to the consumer, and notes that the NOPEC scheme has bi-partisan support. Well, yeah, there are idiots in both parties.

Then he notes that the small margins in the oil futures market ARE, in FACT, causing a substantial and broad price increase due to speculative trading activity. I find that hard to believe. I believe there are cheaters and manipulators, I just don't think they have THAT much influence.

He says "we can't produce our way out of the problem," as though domestic production is an all or nothing proposition. He segues into global warming, and at least admits that he holds that the US needs to use less fuel in order to reduce carbon emission. Now this sets up competing and conflicting objectives: cheap oil vs. reduction in oil consumption.

Moving on to the price of food, fertilizer (and I'd add, the cost of transport to market) as being impacted by the cost of energy, he closes on the general observation that "Houston, we have a problem."

Senator McConnell takes the opposite position, advocating for an increase in domestic production and in general encouraging oil/energy companies to "get busy," with profit motive being a strong incentive.

He says this is the most important issue in the country today (but tomorrow, FISA or something else will take that spot) and that public sentiment favors the "increase domestic production" position being advocated by the Republicans, over the "tax and investigate" position.

On a separate subject, Senator McConnell will propound a UC agreement to call up S.3098, which is a one year AMT extender. He roughly describes the difference between this bill, and the H.R.6049 bill that the DEMs tried to move yesterday. Senator Reid objected, calling the move "Orwellian." "What the person is saying, they mean the direct opposite. The GOP should agree to take up H.R.6049 and amend it."

Senator Reid segues back to the subject of energy. "We can't produce our way out of high energy prices." "The way out of this problem is to move to alternative energy." Umm, that happens, naturally, as the prices of various forms of energy fluctuate. The market moves to lower cost options.

"We put velcro on the numbers" so we can count the number of Republican filibusters. He claims that President Bush and Senator McCain haven't been talking about the energy price issue.

Senator McConnell rebuts the "GOP refuses to debate and legislate" charge with "DEMs cut off the right to participate in legislating by filling the tree."

Hehe -- "the lunacy of taking OPEC to court. They might retaliate with reduced production."

Back to Senator Reid - "McConnell's statement about the LA Times editorial is as Orwellian as his statement that the GOP wants to participate in the legislative process." He reads more from the same LA Times editorial, "The Republicans are short on good ideas - the GOP proposal to drill in ANWR results in insignificant price reductions, and those are 25 years in the future."

Senator McConnell notes that the LA Times was critical of both parties. And as to which party is limiting the right to legislate, the DEMs are asserting a high degree of control (in fact, the DEMs have COMPLETE control) over what amendments and bills will be permitted to come up for vote.

My sense is that 30-60% of the public thinks Senator Reid has the better argument here. I respectfully disagree, and utterly reject Senator Reid's repetitive claims that the GOP is responsible for the slow pace of legislative action in the Senate.

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Senator Murray on the Air Force award of a tanker contract to Airbus instead of Boeing. She doesn't think it's right to buy products whose price has been reduced by subsidy from EU countries.

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Found in this post at confirmthem.com (H/T to afjjusticewatch.blogspot.com) ...

In this morning’s session of the Senate Judiciary Committee, Republican members invoked Rule XXVI, aka "the two-hour rule” to cut short the first of a series of hearings on the importance of the United States Supreme Court

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Steven Aftergood at FAS has a post on the Bill Gertz subpoena: "Reporter Bill Gertz Subpoenaed to Testify on Sources," which includes links to Gertz's June 5 motion to quash the subpoena.

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14:55: Senator Dorgan describes that he had taught economics to college students, but that he recovered from the experience and went on to lead a productive life. If you are an econ professor, you've just been insulted. I did like this line: "Economics is psychology pumped up on helium."

He believes 20-40% of the current price of oil is based purely on speculation.

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June 12

"Medicare" day? By UC, the Senate will take up the motion to proceed to S.3101 at 9:30 a.m., with the cloture vote on the motion to proceed being pushed out to 3:00 p.m. this afternoon.

Senator Grassley's S.3118 would be the GOP alternative, if Senator Reid would permit side-by-side competition for support. The bill is introduced by Senator Grassley at page S5526 of the Record.

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Senators Coburn and Inhofe had some things to say about Congress, the Senate, energy prices, and the environment. See Page S5530-34, in yesterday's record.

COBURN: Last week, the majority leader, on the Senate floor, said the tornados that were in this area were related to climate change.

Like saying anecdotally we can prove there must be climate change because we saw tornadoes in the Washington, DC, area last week--do you know how many times there have been tornadoes in this month in Washington, DC, throughout the years? Hundreds. But now we are anecdotally, because we see something new to our experience, associating it with some phenomena. That is not science. That is ignorance. That is using science in a way that bastardizes it. ...

I get written to all the time by constituents from Oklahoma about gas prices. Do you know what I tell them? I say: You should blame us. You should blame the Congress. ...

INHOFE: Sooner or later we have to say who is at fault in terms of the increase. [list of specific bills and party-line votes snipped] ... I am saying this only to correct that one thing my junior Senator said, in that he was right, it is our fault, but this is strictly partisan. ...

I would even argue with some of the people who put in an analysis as to how much that bill we defeated last week would have increased the price of gas at the pump. They say 53 cents a gallon. ... that is assuming we would have 268 new nuclear plants. Now, the very people who are promoting this bill and want to stop us from drilling, from exploring for oil and for gas, are the same ones who are opposed to nuclear energy. So they say in that period of time, by 2030, the most nuclear plants we could have would be 64. I think everyone agrees with that, so instead of 268 new plants, there will be 64. So you could say that--if you use the same percentages--it would raise the price of gas by $2, not just 53 cents.

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10:06: Senator Reid has S.3118 (The GOP alternative to the DEMs S.3101 "Medicare" proposal) read a second time, it will be on the calendar tomorrow, and available for a motion to proceed.

Senator McConnell goes on the subject of gasoline and diesel prices.

Senator Reid reiterates his charge of "Orwellian" in reference to McConnell's arguments. "The reason we aren't legislating is that the Republicans don't want to."

He takes a GOP memo that says "We [not sure what group this refers to] aren't going to get any legislating done on this bill - it'll just be playing political games." Senator Reid says "we" is a reference to the GOP, and "just playing games" is the Republican party describing asserting that it intends to play political games. OTOH, it could just as well have been a fairly "sterile" (non-partisan) prediction about the Senate as a whole.

They did not want to legislate, and we knew that was the case because as we read into the Record several times, there was a piece of work that came on e-mail from the Republicans who are devising the strategy for the Republicans in the Senate, and they said in that memo that there is no legislation going to take place here; we are going to play political games. "Political games" were their words, and that is what they did.

Senator Reid says high gas prices are President Bush's and the Republican Party's fault.

"I don't think the energy crisis is an oil company plot, I think it's a Bush-Cheney plot. They haven't done anything to keep the price of energy low."

"I'm not going to predict the outcome of the elections in November, but the DEMs are going to gain seats in the Senate."

Senator McConnell provides a surrebuttal, that Reid gave an interesting campaign speech; and that the way to legislate in the Senate is to freely permit amendments. He says the GOP is ready to amend the cap and trade bill - but that Senator Reid would rather have the GOP object to not being able to amend, so Reid can "check the box, add another filibuster, and move on."

McConnell would be willing to horse-trade NOPEC for legislation that permitted states to allow drilling the outer continental shelf. The general point being that there is room for serious negotiation, give and take.

He says he like Reid, that they are friends, and that he hopes the two of them can get past making campaign speeches and get to the work of legislating.

Senator Reid is irked. He says "no one is confused" about which side is obstructing. He goes on to defend NOPEC and that Senator McConnell out to tell Arlen Specter (and Grassley) that NOPEC is ludicrous.

I have advice for Senator Reid - he should temper his confidence as to which party will get the blame for not moving legislation forward.

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SCOTUS hands down decision in the Boumediene and Munaf cases. I'm skimming through the Boumediene case now. Links to the opinions at HowAppealing, and a brief summary at ScotusBlog, Court gives detainees habeas rights.

This will suck alot of the wind available for news in general, and is sure to stoke partisan rancor. My point of view is that this ought to be a non-partisan issue, and that both the administration and Congress over-reached on a process that is fundamentally flawed. At some point, that has to be addressed - there is never a good time to do so, and it's sad that both the administration and Congress bolluxed the issue so badly. In an alternative universe, SCOTUS would have upheld fair and transparent procedures. and the results therefrom.

12:35: Senator Dorgan makes passing mention of the Boumediene decision. The relative positions (i.e., how the senators characterize the Supreme Court's ruling) here will follow the votes for and against the MCA.

Senate by Cboldt: Establishing Military Commissions
Sept 28, 2006

I think this bill will bite us in the ass. I think the Republicans engaged in sloppy rhetoric and logic (not that the DEMs did any better), and in some cases, outright misrepresentation (not that the DEMs did any better). There were many many straw men set up and knocked down, many invalid comparisons and parallels, godawful implicit assumptions that "took" the final question as answered (everyone we are talking about is the worst of the worst, therefore I'll talk about something other than how the United States will determine who is the worst of the worst), and in general an absence of serious debate.

Something as important as this, that's been kicked around for 5 years, should not result in a bright-line party-line vote. As for Congress, each side will blame the other for the split being partisan. I have a sense that the GOP just gave the president what he asked for, and the Congress as a whole punted the details to the lawyers and the courts, to be sorted out later.

Well, now it's later, and the sorting out process will start. But count on this, "each side will blame the other." I am disgusted, and Congress should be ashamed (but it's not).

13:01: Senator Leahy makes a trip to the floor to talk directly on the Boumediane case. Right away, "this administration has eroded habeas more than all other administrations in the history of the country ... and the Supreme Court has three times ruled against."

He has harsh and inflammatory criticism of the administration, but Congress is #1 in the mix here, not the president. Congress has the primary responsibility - and Congress should be hanging its head and getting to work, not throwing stones.

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14:41: Senator Gregg notes, with incredulity, that the Senate is being asked to proceed to consider a bill where the operative amounts of money to be spent are literally BLANK spaces, such that the GAO is unable to score the bill. Now I don't care who you are, that's funny.

If this cloture vote goes on party line, cloture will be rejected.

Senator McConnell seeks UC to take up a motion to proceed to S.3118, with a cloture vote on the motion to proceed to be conducted immediately following the cloture vote on the motion to proceed to S.3101, but only if cloture is REJECTED on S.3101.

Senator Reid asks "Why can't we just move to S.3101?" and objects.

Senator Reid says at least one Republican will vote for cloture on the DEMs Medicaid bill, having been promised by Senator Reid that the DEMs would permit an open amendment process. This same Republican Senator says there is a substantial frustration in the Republican caucus at the multitude of rejections of limiting debate on motions to proceed.

Senators Boxer and Reid enter a brief colloquy, "Wouldn't this be the third bill in a row that the Republicans have objected to proceeding to?" Why yes, it would be. Cap 'n' Trade; Ream the Oil Companies / NOPEC; and now the "Medicaid" bill.

14:59 - 15:31: The cloture motion to limit debate on the motion to proceed to S.3101 - Medicare, was REJECTED on a 54-39 vote. (predicted 50-44 rejection)
GOP AYE Votes: Coleman, Collins, Dole, Murkowski, Roberts, Smith, Snowe, Specter (I think he's the frustrated Senator that Reid referred to) and Stevens

Senator Reid changed his vote to NAY so he could enter a motion to reconsider. There would have been 55 AYE votes had he not moved to reconsider this vote.

Senator Reid withdrew the motion to proceed to S.3101, and moved to proceed to H.R.6049 - Renewable Energy and Job Creation Act of 2008. It's ground hog day! The Senate rejected a motion to limit debate on the motion to proceed to this bill, just two days ago.

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16:13: Senator Corker Casey is talking about the administration's negotiation of a Status of Forces Agreement (SOFA) with Iraq, and the administration's refusal to submit drafts to Congress for informational purposes.

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17:40: Senators Feinstein and Hatch speak on the Boumediene decision, predictably taking opposite sides. Hatch presupposes the detainees ARE terrorists, hence justifying whatever diminution or deviation in process.

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19:49: WEEKEND! The second cloture vote on proceeding to H.R.6049 - Renewable Energy and Job Creation Act of 2008, is scheduled for Monday evening at 5:30 p.m. The Senate stands adjourned until 2:00 p.m. Monday.

H.R.5749 - Emergency Extended Unemployment Compensation Act of 2008, is "on the horizon."

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June 13

Some FISA rumblings ...

"Agreement Could Pave Way for Surveillance Overhaul" - Tim Starks (CQ)

Congressional leaders and the Bush administration have reached an agreement in principle on an overhaul of surveillance rules ... did not expect a final agreement on the language before next week, when the House and Senate are now likely to vote on the overhaul.

"Lawmakers Near Deal On Surveillance Bill" - Carrie Johnson (WaPo)

Not updating the 30-year-old Foreign Intelligence Surveillance Act could cause investigators to miss important clues to thwart terrorists, administration officials say. ...

Telephone and Internet service providers say they received written assurances that the warrantless wiretapping program was legal at the time they agreed to participate.

If the government provided written assurances in 2001-2005 (and later, before FISA was changed by the PAA in 2007) that the warrantless wiretapping orders were legal, and those assurances were sound, why couldn't the SAME assurances be produced NOW? Why should investigators miss ANY important clues if Congress fails to again update FISA?

And what's up with the "30 year-old" label? FISA was amendmed in 2001 by the USA PATRIOT Act, and by the Homeland Secrity Act of 2002. How about this formulation, "Not repealing the 219 year old Fourth Amendment to the Constitution could cause investigators to miss important clues to thwart terrorists."

I posted these comments elsewhere ...

My preference on the FISA [immunity] issue is that the courts and the executive do battle face to face, on “state secret” grounds. I don’t object to attempts to craft legislation that aims to track [the president's] Article II power, but I fear Congress is all [too] willing to pass legislation that crosses fourth amendment lines, as long as it (Congress) can pass the buck in the event of a terrorist hit. ...

It’s all about fooling the public. Hoyer didn’t come up with anything except smoke and mirrors, and those might have been suggested by the administration. [I.e., the proposed legislative language, which I expect to be convoluted and double-speak, could have come from the administration]

The rationale for immunity — “good faith” deviation by telecoms is “okay,” and disclosure of the scope of surveillance will tip off the terrorists — SHOULD result in an appeal for repeal of the civil and criminal penalties (50 USC 1809 and 1810).

Courts might pierce the charade at some point. That’s why I prefer the battle to be on the grounds of “state secret.” Congress is just a noisy rubberstamp for whichever way they think the wind is blowing. That is, Congress is utterly VOID of principle.