[Congressional Record Volume 157, Number 62 (Monday, May 9, 2011)]
[Senate]
[Pages S2771-S2772]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Cloture Motion

  The PRESIDING OFFICER. Under the previous order and pursuant to rule 
XXII, the Chair lays before the Senate the pending cloture motion, 
which the clerk will state.
  The assistant legislative clerk read as follows:

                             Cloture Motion

       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 the nomination of 
     James Michael Cole, of the District of Columbia, to be Deputy 
     Attorney General.
         Harry Reid, Patrick J. Leahy, Herb Kohl, Dianne 
           Feinstein, Al Franken, Christopher A. Coons, Richard 
           Blumenthal, Amy Klobuchar, Sheldon Whitehouse, Sherrod 
           Brown, Mark Udall, Richard J. Durbin, Thomas R. Carper, 
           Bernard Sanders, John D. Rockefeller IV, Jeanne 
           Shaheen, Charles E. Schumer.

  The PRESIDING OFFICER. By unanimous consent, the mandatory quorum 
call has been waived.
  The question is, Is it the sense of the Senate that debate on the 
nomination of James Michael Cole, of the District of Columbia, to be 
Deputy Attorney General shall be brought to a close?
  The yeas and nays are mandatory under the rule.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. DURBIN. I announce that the Senator from California (Mrs. Boxer), 
the Senator from Louisiana (Ms. Landrieu), and the Senator from Vermont 
(Mr. Sanders) are necessarily absent.
  Mr. KYL. The following Senators are necessarily absent: the Senator 
from Wyoming (Mr. Barrasso), the Senator from South Carolina (Mr. 
Graham), the Senator from Utah (Mr. Hatch), the Senator from Arizona 
(Mr. McCain), the Senator from Kansas (Mr. Moran), the Senator from 
Pennsylvania (Mr. Toomey), and the Senator from Louisiana (Mr. Vitter).
  Further, if present and voting, the Senator from Utah (Mr. Hatch) 
would have voted ``nay.''
  The yeas and nays resulted--yeas 50, nays 40, as follows:

                       [Rollcall Vote No. 67 Ex.]

                                YEAS--50

     Akaka
     Baucus
     Begich
     Bennet
     Bingaman
     Blumenthal
     Brown (OH)
     Cantwell
     Cardin
     Carper
     Casey
     Conrad
     Coons
     Durbin
     Feinstein
     Franken
     Gillibrand
     Hagan
     Harkin
     Inouye
     Johnson (SD)

[[Page S2772]]


     Kerry
     Klobuchar
     Kohl
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lugar
     Manchin
     McCaskill
     Menendez
     Merkley
     Mikulski
     Murray
     Nelson (NE)
     Nelson (FL)
     Pryor
     Reed
     Rockefeller
     Schumer
     Shaheen
     Stabenow
     Tester
     Udall (CO)
     Udall (NM)
     Warner
     Webb
     Whitehouse
     Wyden

                                NAYS--40

     Alexander
     Ayotte
     Blunt
     Boozman
     Brown (MA)
     Burr
     Chambliss
     Coats
     Coburn
     Cochran
     Collins
     Corker
     Cornyn
     Crapo
     DeMint
     Enzi
     Grassley
     Heller
     Hoeven
     Hutchison
     Inhofe
     Isakson
     Johanns
     Johnson (WI)
     Kirk
     Kyl
     Lee
     McConnell
     Murkowski
     Paul
     Portman
     Reid
     Risch
     Roberts
     Rubio
     Sessions
     Shelby
     Snowe
     Thune
     Wicker

                             NOT VOTING--10

     Barrasso
     Boxer
     Graham
     Hatch
     Landrieu
     McCain
     Moran
     Sanders
     Toomey
     Vitter
  The PRESIDING OFFICER (Mr. Manchin). On this vote, the yeas are 50, 
the nays are 40. Three-fifths of the Senators duly chosen and sworn not 
having voted in the affirmative, the motion is rejected.
  The majority leader is recognized.
  Mr. REID. Mr. President, I enter a motion to reconsider the vote by 
which cloture was rejected.
  The PRESIDING OFFICER. The motion is entered.

                          ____________________