House strips Bush of US Attorneys appointment authority - 329 to 78

[kpete]

House Passes U.S.A. Bill
By Paul Kiel - March 27, 2007,

Soon, it will be on it's way to the president's desk. And for those curious about the roll call, only 72 Republicans voted against.

So both houses voted overwhelmingly to ensure Senate confirmation for U.S. attorneys. What a difference a scandal can make.

http://www.tpmmuckraker.com/archives/002885.php

Interim Appointment of U.S. Attorneys
March 26th, 2007 by Jesse Lee

Right now the House is considering H.R. 580, Interim Appointment of U.S. Attorneys. This bill, introduced by Rep. Howard Berman (CA-28), is designed to help better ensure the independence of U.S. Attorneys – by repealing a provision in a 2006 statute that grants the Attorney General the authority to make indefinite interim appointments of U.S. Attorneys, who can then serve indefinitely without Senate confirmation. Upon introducing the bill, Rep. Berman referred to the eight US Attorneys who were asked to resign by the Bush Administration: “My bill will reset the system of checks and balances in the U.S. Attorney confirmation process. It will require Senate confirmation of any interim U.S. attorneys, including any chosen to replace these eight.” A similar bill, S. 214, introduced by Sen. Dianne Feinstein, was passed by the Senate by an overwhelming, bipartisan vote of 94 to 2 on March 20.


Full text of the bill >>http://thomas.loc.gov/cgi-bin/bdquery/z?d110:h.r.00580:

UPDATE: The bill passes, 329 to 78.

http://www.speaker.gov/blog/?p=177

[bahrbearian]

1. Watch for the signing statement.

[opihimoimoi]

2. Will Lush use the Veto Pen??? Doubt it...it wiould be over ridden...

[Botany]

3. bush is done

.... just a matter of time. Looks like even the wing nuts have decided he is not a "hill worth
dying for."

94 v 2 Senate

329 v 78 House

[flamin lib]

4. Who stuck that provision in the Patriot act anyway? nt

[wicket]

5. I believe it was a staffer in Specter's office

But someone correct me if I am wrong.

[bdamomma]

12. no you are correct, but is that person still employed in Specter's

office? that is another question.

[onenote]

16. it wasn't 'hidden' so I don't know why all the blame falls on the staffer

The amendment to the Patriot Act dealing with interim appointments of US Attorneys (a terrible amendment, let me emphasize) was added to the bill during the House/Senate Conference (i.e., after the House and Senate had passed differing versions of the Patriot act reauthorization that then needed to be reconciled before final passage). It appeared in the text of the bill published in December 2006 and was referred to (albeit ambiguously) in the section-by-section analysis of the bill. After the House passed this version, the bill moved to the Senate which failed to invoke cloture initially. It wasn't until three months later (March 2006) that the Senate finally approved the bill and it was sent to the WH for signature.

My point is that while one particular staffer may have been responsible for sticking it, it was there to be seen by the staffers for every other member of Congress. I have no idea whether any of them saw it and raised it with their bosses -- but if they did, no one seemed to care enough to say anything.

Just a poor job by everyone, not just the one staffer.

[Robbien]

24. The email dump have GOPers discussing the need for the clause

and talking about having the staffer insert it into the PA.

That was uncovered over at the TPMmuckrakers.

[onenote]

26. I understand where it came from, but it doesn't let everyone else off the hook, imo

The language was sitting there for 3 months. There was a reference in the bill's section-by-section analysis to a "new" provision relating to the interim appointment of us attorneys. One staffer who added it shouldn't bear the blame for the hundreds of staffers and members who simply didn't pay attention to it or didn't stop to think what it meant.

[liberalnurse]

35. That is indeed true......

They get paid really well to do a job most DU'er could do better.

[DCKit]

6. Not saying it's so, but....

Rove and Fredo had far too much input.

[melm00se]

9. it was a foolish knee jerk reaction

not just this provision but much of the Patriot Act.

This whole thing shows how Rights can and do slip away: they are not taken away by the ruling authority but rather they are given away by a panicked population....

the words "We MUST do something about..." is usually uttered (and acted upon) before the full consequences of what that something will bring.

[fasttense]

7. Well, the 2006 statute that grants the Attorney General the authority to make indefinite interim

appointments of U.S. Attorneys, who can then serve indefinitely without Senate confirmation, was illegal. The Constitution gives the Senate confirmation authority. To change the Constitution, an amendment would have to be approved by 2/3rds of the states. Slipping that little piece into legislation was illegal and unconstitutional. All that is required is someone to file a suit. It would never hold up in court even with these dancing supremes.

The bill to repeal this illegal legislation easily passed because it was illegal to begin with. I see no reason why Congress could not easily override any veto bush puts on it. Or they could simply bring it before a court. Either way, the original illegal legislation is going away.

[DCKit]

8. "Either way, the original illegal legislation is going away."

But won't that pretty much gut the Patriot Act???

[onenote]

22. Actually the 2006 law was not illegal -- just bad policy

The Constitution states that the president has the power, with the advice and consent of the Senate, to appoint "all other officers of the United States, whose appointments are not herin otherwise provided for, and which shall be established by law. But the Congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments." Article II, Section 2

In other words, the constitution expressly allows Congress to pass a law giving the AG power to appoint US Attorneys without Senate confirmation. Indeed, this same provision of the Constitution is what makes it possible for Congress, as it did both before and now after the 2006 law, to give district courts the authority to appoint, indefinitely, US Attorneys.

[Pacifist Patriot]

10. Can't wait to see if Bush forces a veto override.

[cali]

25. Nope. Sorry. The WH has publically said it has

no objection.

[Pacifist Patriot]

32. Good!

[The Backlash Cometh]

11. Can someone please explain to me what this means to me here at home?

Does it mean that an ordinary citizen can now send a complaint to a US Attorney and know that politics won't shut down an investigation?

[formercia]

14. I complained to the FBI a while back

A Bush-bot state representative made threatening comments to my face and the agent I spoke to said right off that he would pass it on to the US Attorney but I could fogettaboutit because it wasn't going anywhere.

[The Backlash Cometh]

17. I hope our Dems in Congress follow-up and make sure that these

citizen complaints are answered.

[formercia]

18. I asked the FBI Agent for his name

and he told me he couldn't give it to me for security reasons. Yeah, right.

[The Backlash Cometh]

20. I think I have had enough.

Who in Congress can we send our stories to for assistance with our local problems? I don't trust anyone in Florida.

[formercia]

27. I wish I knew

Having played this game for over 20 years, I learned to trust no one. It's a sad state of affairs. Even under Stalin, the Russians trusted their friends, but under Bush, you can trust none.

[The Backlash Cometh]

30. That's why it's so difficult for me to jump in and get involved.

The assholes in my community are smart enough to leech onto both parties. I have more to lose, than to gain if the attorney's office is influenced by either party, or both.

[formercia]

31. I used to keep quiet and not make waves

but I found they attacked me anyway. I might as well get my 2 cents in while I can.

What this country needs is to quit being afraid.

[The Backlash Cometh]

33. I'm working on it.

[formercia]

34. Hang in there

They're cowards and bullies. Once they realize you will make a fuss, they will back off. Just don't let them provoke you into making a spectacle.

Peace.

[Nite Owl]

13. This is good but what happens

to the political appointees that he already placed because of this? He got his way on some important appointments when the others were fired, he should be made to put out new appointments that need to be ok'd by they Senate.

[onenote]

21. the legislation is expressly retroactive

Anyone who received an interim appointment under the previous version of the law (which allowed indefinite interim appointments without senate confirmation) can only serve for 120 days (from date of enactment) or until confirmed by the senate.

[Nite Owl]

29. Good

So they will need approval in a few months. This means the issue won't die too, it's going to be a long hot summer for the White House. Or at least I hope so!

[Hosnon]

15. Odd title. The House can't pass a statute alone. NT.

[meldroc]

23. Yeah, but the Senate already approved this bill 94-2.

This bill is becoming law whether Bush likes it or not - there's plenty of votes in both houses to override a veto.

[WiseButAngrySara]

19. Very Good. Just let B* dare w/his veto or signing statement!

:kick: & R!

[Roland99]

28. Nothing a crafty Signing Statement won't fix.