[Congressional Record Volume 158, Number 153 (Monday, December 3, 2012)]
[Senate]
[Pages S7311-S7312]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              NEGOTIATION

  Mr. REID. Mr. President, before I came to Congress I was a lawyer. I 
tried lots of cases, more than 100 cases to juries. My greatest 
victories, though, weren't the cases that we spent in a courtroom and 
worked on in a courtroom. My greatest victories were the cases that 
never saw the inside of a courtroom.
  As English poet George Herbert said, ``A lean compromise is better 
than a fat lawsuit,'' and that is true. It is always better to settle 
than to fight. I have done my fair share over the years of negotiating, 
both as a lawyer and as a Senator and as a Member of the House. I have 
a bit of negotiating advice for Republican leaders: You are doing it 
wrong. Generally during a negotiation, each side brings an offer or 
demand to the table. That is how it has always worked. Then the two 
sides sit down and find middle ground. It is not always easy and it is 
rarely fun. True compromise means no one gets everything they want, but 
unless both sides come to the negotiating table with an offer, you 
can't even begin the negotiation. In fact, unless both sides come to 
the table with an offer, there is no negotiation.
  Over the last week, Republican leaders from both Chambers have 
complained that Democrats put forward a proposal for resolving the 
fiscal cliff that reflected our priorities--our priorities. What did 
they expect?
  Our proposal is simple. We want to end unnecessary tax breaks for the 
richest of the rich and provide security for everyone making less than 
$250,000 a year. No one should be surprised at President Obama's offer. 
It is exactly what he has said he supports time and time again. For 
months now, it is what I have said I support. I have said it time and 
time again. It is what Democratic Senators campaigned on across the 
country this election cycle. This plan would protect 98 percent of 
American families and 97 percent of small

[[Page S7312]]

businesses from tax increases. It also passed the Senate 4 months ago, 
and it has the support of the American people. The vast majority of 
Americans--Independents, Democrats, and even more than 40 percent of 
Republicans--supports this.
  I wish I could share with you the details of the Republicans' 
answering proposal, but there hasn't been one. They haven't produced a 
single proposal.
  We are not doing their homework for them. It is the Republicans' 
responsibility to respond with a counteroffer--not a hint dropped 
during, perhaps, an interview with the Washington Post, the New York 
Times or even the Wall Street Journal or a Sunday talk show but a real 
modified offer. President Obama has told Republicans and the world 
where he stands. The sooner the Republicans make a legitimate offer, 
the sooner we can all start working to find middle ground.
  So let me remind my Republican colleagues that as we work toward a 
final agreement, millions of middle-class families are nervously 
watching and waiting. For 4 months Republicans have held them hostage 
to protect the richest 2 percent of taxpayers. Reasonable rank-and-file 
Republicans are urging their leadership to stop delaying Senate-passed 
legislation that would give millions of middle-class families making 
less than $250,000 the certainty that their taxes won't go up by about 
$2,200 on January 1.
  It will be hard for Speaker Boehner to pass our bill--no, it wouldn't 
be hard at all; it would be so easy. Every Democrat in the House will 
vote for it--every Democrat in the House. To reach 218 votes, which is 
half plus 1 in the House, it takes only 26 reasonable Republicans 
willing to put the needs of the middle-class demands ahead of Grover 
Norquist. That is so simple.

  So when my friend, the Speaker, says he can't pass it, that is simply 
without foundation or fact, and it is not true.
  As my friend and colleague, the senior Senator from Missouri, Claire 
McCaskill, said on a Sunday talk show yesterday, John Boehner has a 
decision to make. This is what she said: ``He's got to decide, is his 
speakership more important or is the country more important.'' That is 
a pretty easy question to answer for everyone. It should be an easy 
question to answer for Speaker Boehner.
  As we continue to hope for a balanced agreement that will safeguard 
the economy, I hope Speaker Boehner ends the suspense for millions of 
American families and does it soon.

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