[Congressional Record Volume 159, Number 30 (Monday, March 4, 2013)]
[Senate]
[Pages S1075-S1076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              NOMINATIONS

  Mr. REID. Mr. President, this week the Senate will consider a number 
of nominations.
  Tonight we will vote, as I have just indicated, on Pamela Chen to be 
a judge for the Eastern District of New York and Katherine Failla to 
serve as district judge for the Southern District of New York.
  Later this week we are going to consider the nomination of Caitlin 
Joan Halligan to the U.S. Court of Appeals for the DC Circuit. This 
circuit now has four vacancies. Ms. Halligan's colleagues say she has 
``a brilliant mind'' and ``an abiding respect for law.'' Those are 
direct quotes. But despite her outstanding credentials and strong 
support from across the political spectrum, Republicans filibustered 
her confirmation last Congress.
  President Obama is the only President in the 65-year history of the 
DC Circuit Court not to have a single judge confirmed to that court 
during his first term. Remember, there are now four vacancies. Since 
she was nominated, two additional vacancies have opened on the DC 
Circuit. The court desperately needs more judges.
  This week the Senate will consider the nomination of John Brennan to 
lead the Central Intelligence Agency. Mr. Brennan's nomination is 
expected to be reported out of the Intelligence Committee tomorrow.
  Mr. Brennan served 25 years in the CIA in many extremely important 
delicate roles and 4 years on the White House national security staff, 
where he played an instrumental role in finding Osama bin Laden and 
decimating al Qaida. He is very qualified, he is a wonderful public 
servant, and he should be confirmed quickly.
  This week will be a test of the Republicans' goodwill. My Republican 
colleagues say they respect the Senate's responsibility to advise and 
consent. My Republican colleagues say they don't plan to obstruct the 
confirmation process for the sake of obstruction, but they filibustered 
President Obama's nominee for Secretary of Defense--for the first time 
in the history of the country, being a former Republican Senator--
delaying Senator Hagel's confirmation for at least 2 weeks.
  Republicans say they will not filibuster, but their actions say 
otherwise. Republicans say they are just requiring 60-vote thresholds, 
but the difference between a filibuster and requiring a 60-vote 
threshold on nominations is a distinction with no difference. In a 
nation founded on the principle of justice for all, requiring a 60-vote 
threshold on nominations is unfair. It is unfair for all. It is 
extremely important that we adequately staff our Federal courts, and we 
have not done that.
  At a time when America faces so many threats abroad, it is crucial we 
have a talented and dedicated individual such as John Brennan leading 
our Nation's most prominent intelligence agency. Yet Republicans again 
and again inject politics into the confirmation process, both when 
considering judicial nominees and, most recently, when considering 
Cabinet nominees.
  There was once a time when Republicans were the ones defending the 
right of the President to choose the players on his team. Back then it 
was a Republican in the White House.
  In 2001, the senior Senator from Utah touted the ``longstanding 
tradition in the Senate . . . [to] afford the President a significant 
degree of deference to shape his Cabinet as he sees fit.''
  Four years later, after President Bush was reelected, the senior 
Senator from Arizona pointed out that elections have consequences and 
said, ``The President has a right to put into place

[[Page S1076]]

the team he believes will serve him best.''
  As we consider key nominations this week and in the future, I hope my 
Republican colleagues honor the longstanding tradition of the Senate 
that they have identified and we agree with. I urge my Republican 
colleagues to consider that if the Senate fails to properly staff our 
national security agencies or the Nation's judicial system, our 
inaction will also have consequences.

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