September 17, 2009
THOMAS PEREZ DESERVES A VOTE.... Perhaps the most frustrating aspect of the paralysis that too often grips Congress is the absurd nominating process. It's become entirely routine for qualified nominees who enjoy more than enough support to be confirmed to wait for floor votes, indefinitely, for parochial, often ridiculous, reasons.
John McHugh's nomination to be Secretary of the Army was held up because Kansas' Republican senators didn't want certain detainees locked up at Fort Leavenworth. Sen. George V. Voinovich (R-Ohio) put a hold on an EPA nominee, not because he was unqualified, but because Voinovich wanted a new report from the agency on the costs associated with cap and trade. Sen. Robert Bennett (R-Utah) put a hold on an Interior Department nominee because Bennett had questions about oil and gas leases in Utah. OLC nominee Dawn Johnsen has been waiting patiently -- for eight months.
Thomas Perez, meanwhile, is the president's choice to lead the Justice Department's Civil Rights Division, which was gutted during Bush's terms. Perez's qualifications are not in question -- Wade Henderson of the Leadership Conference on Civil Rights called Perez "arguably the most qualified candidate ever nominated" -- but he has nevertheless been waiting for six months for the Senate to confirm him.
Adam Serwer reports on the problem.
Oddly, part of what seems to be holding up Perez' nomination is a case Perez had nothing to do with: the Justice Department's recent decision to dismiss a 2008 voter intimidation case involving the New Black Panther Party -- a decision now under internal investigation. Some attorneys in the Voting Rights Section see the case as part of the leftover politicization from the Bush years, while Republicans have used the case to argue that the Department is now being politicized by Democrats.
Perez' supporters argue since he wasn't even employed by the Justice Department at the time, it's absurd to hold up his confirmation because of the Black Panther case. "It just shows you how political and specious the arguments against him are," says Henderson.
Senate Republicans have also expressed concern about Perez' affiliation with what they see as "radical groups" -- namely CASA de Maryland, whose work on behalf of immigrants is seen by conservatives as controversial. During Perez's Senate hearings, Senator Jeff Sessions accused the group of "promoting illegal immigration" because they published a pamphlet informing undocumented immigrants about their legal rights if they are caught in an immigration raid.
Sessions seems to be at the center of the delays. Because Perez once lamented the "long history of xenophobes who oppose immigration," the Alabama Republican has accused Perez of denigrating "those who stand for a lawful system of immigration and immigration enforcement."
And so, Perez waits (and waits) for a simple vote to occur. In the meantime, the administration's plan to get the Civil Rights Division back on track is partially on hold. As the legal director of Lawyers Committee for Civil Rights told Adam, "It's hard to implement a strategy for how the division's going to operate without the head of the division there. There are a lot of decisions that aren't being made because they're waiting for the head person to come in."
—Steve Benen 11:15 AM
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This is just more of the republican's plan to do anything they can to stop Obama from governing the country.
What a bunch of creeps.
Posted by: fourlegsgood on September 17, 2009 at 11:15 AM | PERMALINK
Simple. Reid should ignore the holds. I believe there is precedent for doing so.
Posted by: doubtful on September 17, 2009 at 11:19 AM | PERMALINK
Obama should "go Bush" on them, if you'll pardon the expression.
Make a bunch of recess appointments the next time Congress takes a break.
Posted by: Michael W on September 17, 2009 at 11:20 AM | PERMALINK
Why didn't Perez receive a recess appointment during August? Would've been easy enough.
Posted by: David on September 17, 2009 at 11:44 AM | PERMALINK
So one Senator can hold up a nomination forever? There's no way around this?
Combined with the Baucus debacle, the U.S. Senate is proving to be the most dysfunctional organization, and I use that term loosely, in the history of democracy.
Posted by: Allan Snyder on September 17, 2009 at 11:48 AM | PERMALINK
There's no way the Republicans would stand for indefinite holds on their nominees.
There must be some way around this. The Republicans imposed rules to marginalize the Democrats as a minority party...and now that they are the minority party themselves, they still seem to have the rules in their favor.
The Democrats are the majority. They can change rules, can't they? The Republicans managed to change them, why can't the Democrats?
This is obstructionist bullshit. It needs to stop.
Posted by: ajaye on September 17, 2009 at 11:52 AM | PERMALINK
There must be some way around this. -ajaye
There's nothing to find their way around, really. There is no such thing as a 'hold' in the Senate rules or any of their governing documents.
Even on the Senate's website, they describe it as:
An informal practice by which a Senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration. The Majority Leader need not follow the Senator's wishes, but is on notice that the opposing Senator may filibuster any motion to proceed to consider the measure.
They only person obstructing anything here is Harry Reid, who, if you followed the link I provide in my previous comment, you will find had no problem ignoring a hold place on the FISA bill by Senator Dodd, a fellow party and caucus member.
Posted by: doubtful on September 17, 2009 at 12:05 PM | PERMALINK
I would love to see all the nominees who are being held up appear with Obama on the steps outside the Senate with a speech in front of the network cameras.
Posted by: gwcole on September 17, 2009 at 12:14 PM | PERMALINK
Give me a break, no one can make a decision or a game plan ? That is more ridiculous then the nomination getting held up.
So no boss, everyone should just go home ? Someone is acting leader over there and if they aren't, then we need different staff.
Let's move along, if we are trying to blame R's for Obama's inability to lead we are as pathetic as they make us out to be.
It would be nice if one time the D's actually had some sort of game plan BEFORE the R's pulled their shenanigans. I am so sick of playing defense.
Posted by: ScottW on September 17, 2009 at 12:14 PM | PERMALINK
Wade Henderson of the Leadership Conference on Civil Rights called Perez "arguably the most qualified candidate ever nominated"
This sounds like something a Republican would say... except, perhaps, they'd leave off the 'arguably' part. This language always makes me cringe, regardless of who uses it.
Oh, and while we're on the subject, I'm quite sure he's simultaneously the 'most racist candidate ever nominated'.
Just predictin'.
Posted by: JTK on September 17, 2009 at 12:41 PM | PERMALINK
doubtful has this exactly right. Harry Reid is under no obligation to honor any of these prolonged holds and is doing so of his own choice. So this is just another reason that Reid's defeat in the next election would be a worthwhile short-term sacrifice.
Posted by: jeri on September 17, 2009 at 12:48 PM | PERMALINK
What jeri said.
Posted by: calling all toasters on September 17, 2009 at 1:08 PM | PERMALINK
The Repubs indulge in holding up the Nation's business, and not only Mr. Perez:
http://delong.typepad.com/egregious_moderation/2009/09/david-weigel-attacks-on-sunstein-frustrate-conservative-fans.html
Harvard Law School Professor Cass Sunstein would be nominated to run the White House Office of Information and Regulatory Affairs. Sunstein is a moderately libertarian/conservative, and they still hold him up - in some cases, Rs did it because he was "opposed to hunting." One hold hasn't the name released, such secrecy shouldn't be allowed.
Posted by: Neil B ♪ on September 17, 2009 at 1:21 PM | PERMALINK
What evidence is there that Harry Reid is not a Republican?
Posted by: freelunch on September 17, 2009 at 1:54 PM | PERMALINK