[Congressional Record Volume 158, Number 170 (Sunday, December 30, 2012)]
[Senate]
[Pages S8528-S8529]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
Vote on the Nomination of William Baer
The PRESIDING OFFICER. Under the previous order, there is now 2
minutes of debate prior to a vote on the Baer nomination.
Who yields time?
Mr. REID. We yield back all time.
The PRESIDING OFFICER. The question is, Will the Senate advise and
consent to the nomination of William Joseph Baer, of Maryland, to be an
Assistant Attorney General?
Mr. REID. Mr. President, I ask for the yeas and nays.
The PRESIDING OFFICER. Is there a sufficient second? There is a
sufficient second.
The clerk will call the roll.
The bill clerk called the roll.
Mr. DURBIN. I announce that the Senator from Massachussetts (Mr.
Kerry), the Senator from New Jersey (Mr. Lautenberg), and the Senator
from Vermont (Mr. Leahy) are necessarily absent.
Mr. KYL. The following Senators are necessarily absent: the Senator
from Tennessee (Mr. Alexander), the Senator from Georgia (Mr.
Chambliss), the Senator from South Carolina (Mr. DeMint), the Senator
from Nebraska (Mr. Johanns), the Senator from Illinois (Mr. Kirk), the
Senator from Ohio (Mr. Portman), and the Senator from Florida (Mr.
Rubio).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 64, nays 26, as follows:
[Rollcall Vote No. 249 Ex.]
YEAS--64
Akaka
Ayotte
Baucus
Begich
Bennet
Bingaman
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Cantwell
Cardin
Carper
Casey
Collins
Conrad
Coons
Corker
Durbin
Feinstein
Franken
Gillibrand
Graham
Hagan
Harkin
Heller
Johnson (SD)
Johnson (WI)
Klobuchar
Kohl
Landrieu
Lee
Levin
Lieberman
Lugar
Manchin
McCaskill
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Paul
Pryor
Reed
Reid
Rockefeller
Sanders
Schatz
Schumer
Shaheen
Snowe
Stabenow
Tester
Toomey
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NAYS--26
Barrasso
Blunt
Boozman
Burr
Coats
Coburn
Cochran
Cornyn
Crapo
Enzi
Grassley
Hatch
Hoeven
Hutchison
Inhofe
Isakson
Kyl
McCain
McConnell
Risch
Roberts
Sessions
Shelby
Thune
Vitter
Wicker
NOT VOTING--10
Alexander
Chambliss
DeMint
Johanns
Kerry
Kirk
Lautenberg
Leahy
Portman
Rubio
The nomination was confirmed.
Mr. LEAHY. Mr. President, I am glad that the Senate voted to confirm
the nomination of Bill Baer to serve as Assistant Attorney General in
the Antitrust Division of the Department of Justice. His nomination has
been pending for 10 months, and more than three
[[Page S8529]]
months have passed since the Judiciary Committee favorably reported his
nomination with bipartisan support. The Antitrust Division has
continued its important work with three acting heads who have worked
diligently to fulfill the mission of the office. But those solutions
are only temporary, and it is essential that the Senate undertook its
constitutional responsibility to advise and consent on a permanent
division head with responsibility for enforcing our Nation's antitrust
laws.
Mr. Baer is an outstanding candidate to fulfill this role. He has
spent over 35 years working in the field of antitrust and consumer
protection law. He served as Director of the Bureau of Competition at
the Federal Trade Commission in the 1990s, and now chairs the Antitrust
Group at the law firm of Arnold & Porter. His nomination has received
bipartisan support from leading practitioners of antitrust law,
including 12 former heads of the Antitrust Division representing every
presidential administration since 1972. His nomination has also
received bipartisan support from 29 former chairs of the American Bar
Association's Section on Antitrust Law, who praise his ``demonstrated
ability as an antitrust lawyer and his outstanding record of public
service.''
Bill Baer is a leading voice on antitrust matters. He advised the
Antitrust Modernization Commission, and frequently contributes to
workshops at the Department of Justice and FTC. He was named one of
``The Decade's Most Influential Lawyers'' by The National Law Journal
in 2010, and the ``Leading Lawyer for Antitrust'' in 2011. Chambers,
Who's Who, and the Legal 500 have all recognized him as one of our
country's leading practitioners in antitrust law.
When the 12 former heads of the Antitrust Division wrote to the
Senate Judiciary Committee in support of Mr. Baer's nomination earlier
this year, they wrote: ``Mr. Baer's tenure as Director of the [FTC]
Bureau of Competition was marked by principled, effective enforcement
of the antitrust laws and . . . procedures that balanced the needs of
the Commission with the legitimate concerns of both businesses and
consumers. We are confident that he will continue the strong, rational,
and nonpartisan antitrust enforcement tradition of the United States
Department of Justice.''
After months and months of needless delays, Bill Baer can at last
begin that important work to help protect the American people.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Mr. President, we had a brief colloquy, the Republican
leader and I, before the vote. Now that everyone is on the floor, I
will elaborate a little bit. We have one more vote today. Then we are
both going to have our respective caucuses. We hope there will be an
announcement after that. We will have to wait and see.
Over the last 24 hours, we have been working with Senator McConnell's
staff and Senator McConnell to craft legislation to shield middle-class
families from huge tax increases that could pass both Chambers on a
bipartisan basis. But I wish to be clear. There are still serious
differences between the two sides. I am only going to talk about one.
We have made a lot of progress. I said earlier today, I appreciate very
much Senator McConnell's good-faith efforts, and I am confident he
feels the same way about me.
The one thing I do want to mention is that we are not going to have
any Social Security cuts. At this stage, that just doesn't seem
appropriate. We are open to discussion about entitlement reforms, but
we are going to have to take it in a different direction. The present
status will not work. We are willing to make difficult concessions as
part of a balanced comprehensive agreement, but we will not agree to
cut Social Security benefits as part of a small or short-term
agreement, especially if that agreement gives more handouts to the
rich.
With 36 hours left until the country goes over the Cliff, I remain
hopeful but realistic about the prospects of reaching a bipartisan
agreement. At some point in the negotiating process it becomes obvious,
when the other side is intentionally demanding concessions they know
the other side is not willing to make, we are not there.
I hope we are going to be able to go further. Right now, with the
status of the negotiations, we are not where we could come forward and
say we have this for you. As I indicated, and just to make another
statement in that regard, at some point in the negotiating process it
appears there are things that stop us from moving forward. I hope we
are not there, but we are getting real close, and that is why I still
hold out hope we can get something done. I am not overly optimistic,
but I am cautiously optimistic we can get something done.
I hope I have made it clear we have one vote. That is all we have. I
hope later in the evening there will be another vote or two, but right
now we don't have that. We have one scheduled vote, and that is taking
place right now. But everybody should hang loose because something may
break and we will be able to get something done.