Republican steps up to protect Bush. What else is new?


The White House has announced that it won't oppose Dianne Feinstein's bill to restore the U.S. Attorney appointment process to what it was before 9/11 changed everything. Recall that one backstory to the U.S. Attorney scandal is a recent change in the law, slipped in by night by an Administration mole on Arlen Specter's staff. (Whether with or without Specter's knowledge may never be known). The change in the law allowed the president to fill vacant U.S. Attorney positions without any Congressional oversight. Previously, in the bad old days before 9/11 changed everything, when the president was fettered by a Constitution and separation of powers, new appointments required approval by the Senate. It is probably the case that no senator, other (perhaps) than Specter, was aware of the provision.

Specter the Spineless is now co-sponsoring Feinstein's bill, but another Republican has stepped up to oppose the bill, citing, believe it or not, separation of powers concerns. Suddenly, John Kyl of Arizona has discovered that there is a constitutional problem with the former appointment process, a problem not previously discerned. If there is any constitutional question it relates only to the limited power of the federal judges to appoint an acting prosecutor pending the appointment of a permanent replacement. There is no constitutional problem with the requirement for Senate approval.

Isn't it funny how someone always steps up to do Bush's dirty work when, for one reason or another, he'd rather not have the regular suspects do it? This, in my opinion, is a golden opportunity for the Democrats to frame this issue to their best advantage. Carrying Bush's water is not an activity likely to win you any friends these days. How hard could it be for them to make this type of obstruction the issue, if indeed Kyl sticks with it? If he tries to hold things up, make them vote on cloture. See how many of them are willing to back Bush on this issue. Who knows, once they abandon him on one issue, maybe they'll find it just a bit easier on the next issue.

Posted: Monday - March 12, 2007 at 07:24 PM          


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