[Congressional Record (Bound Edition), Volume 149 (2003), Part 5]
[Senate]
[Pages 5698-5699]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           EXECUTIVE SESSION

                                 ------
                                 

   NOMINATION OF MIGUEL A. ESTRADA, OF VIRGINIA, TO BE UNITED STATES 
         CIRCUIT JUDGE FOR THE DISTRICT OF COLUMBIA--Continued

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to executive session for the consideration of the Estrada 
nomination.
  The PRESIDING OFFICER. Is there an objection?
  Without objection, it is so ordered. The clerk will report.
  The assistant legislative clerk read the nomination of Miguel A. 
Estrada, of Virginia, to be United States Circuit Judge for the 
District of Columbia Circuit.
  Mr. FRIST. Mr. President, earlier today we had a productive debate 
with the Vice President in the Presiding Officer's chair. The debate 
was constructive and did fulfill my goals to elevate the debate to the 
level of talking about advice and consent of the Constitution itself.
  The nomination of Miguel Estrada has been pending before the full 
Senate for over a month. He was initially nominated 2 years ago. I have 
tried on numerous occasions to reach out for a time certain for a very 
simple up-or-down vote. That is all we ask for after these 5 weeks of 
debate. Each of the requests has been met with an objection from the 
other side of the aisle.
  As I have stated, we are not going to give up on this nominee. We are 
going to continue to push for that very simple request that this 
nominee should have an up-or-down vote. He deserves an up-or-down vote, 
and I will continue to pursue every avenue possible in terms of 
reaching out. If the other side of the aisle says they want more 
information, we have responded by saying submit written questions and 
we will get the answers. The White House has made Miguel Estrada 
available individually to Senators to answer their questions, in an 
effort to keep this nomination moving forward.
  Prior to lunch, I asked my Democratic friends if they would agree to 
a time certain for an up-or-down vote if a further hearing in the 
Judiciary Committee is scheduled. If they think they need more 
information regarding this nomination, they would agree to a hearing to 
be followed by an up-or-down vote. That would be another way to get 
information, if it really is the fact that the other side of the aisle 
wants more information. I hope it reflects to my colleagues on both 
sides of the aisle my attempt to reach out through every avenue 
possible to respond to their request for more information.
  At the end of that hearing, I would expect as part of the proposal to 
have an up-or-down vote. If people do not like what they hear or, after 
that process, they say they do not know enough, then let them vote no, 
so they can express themselves with an up-or-down vote. I think it is 
time for a vote.
  I am happy to yield for a brief response to my Democratic colleague, 
if he would like to comment.
  Mr. REID. I thank the leader. As I indicated this morning, we would 
be willing to attend the hearing and ask questions of Mr. Estrada if, 
in addition to that, we had the documents that we have requested from 
the Solicitor's Office while he worked there.
  Mr. FRIST. Mr. President, I ask unanimous consent that following a 
further hearing with respect to the Estrada nomination, there be an 
additional 4 hours for debate equally divided in the usual form, and 
the Senate

[[Page 5699]]

then vote on the confirmation of the nomination of Miguel Estrada with 
no intervening action or debate.
  Mr. REID. Mr. President, I ask unanimous consent that the request be 
modified to allow the provision of documents relevant to Mr. Estrada's 
government service, which were first requested in May of 2001; that the 
nominee thereafter appear before the Judiciary Committee to answer 
questions which we believe he failed to answer in his confirmation 
hearing and any additional questions that may arise after reviewing the 
documents we have requested.
  The PRESIDING OFFICER. Does the Senator so modify his request?
  Mr. FRIST. Mr. President, reserving the right to object, as we have 
mentioned again and again, access to these SG confidential memorandum 
would be unprecedented and would jeopardize the integrity of our 
system. Therefore, I object to the request for modification.
  The PRESIDING OFFICER. The objection is heard.
  Is there objection to the initial request of the majority leader?
  Mr. REID. Objection.
  The PRESIDING OFFICER. The objection is heard.


                             Cloture Motion

  Mr. FRIST. Mr. President, given that response, I now send a cloture 
motion to the desk.
  The PRESIDING OFFICER. The cloture motion having been presented under 
rule XXII, the Chair directs the clerk to read the motion.
  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, 
     do hereby move to bring to a close debate on Executive 
     Calendar No. 21, the nomination of Miguel A. Estrada to be 
     United States Circuit Judge for the District of Columbia 
     Circuit.
         Bill Frist, Orrin Hatch, Trent Lott, Robert F. Bennett, 
           Peter Fitzgerald, Jeff Sessions, John Ensign, Kay 
           Bailey Hutchison, Rick Santorum, Don Nickles, Jim 
           Talent, Lindsey Graham of South Carolina, Lisa 
           Murkowski, Conrad Burns, John Warner, John Sununu, 
           Gordon Smith, Elizabeth Dole, Saxby Chambliss, 
           Christopher Bond, Susan Collins, Wayne Allard, Lamar 
           Alexander, Norm Coleman, Pat Roberts, Craig Thomas, 
           Larry E. Craig, Olympia Snowe, John McCain, James 
           Inhofe, Jon Kyl, Lincoln Chafee, Judd Gregg, Richard G. 
           Lugar, George Allen, Chuck Grassley, George V. 
           Voinovich, Mike Capo, Michael B. Enzi, Thad Cochran, 
           Mike DeWine, Arlen Specter, Sam Brownback, Ben 
           Nighthorse Campbell, Richard Shelby, Ted Stevens, Chuck 
           Hagel, John Cornyn, Pete Domenici, Mitch McConnell, Jim 
           Bunning.

  Mr. FRIST. I ask unanimous consent that the live quorum provided for 
under rule XXII be waived.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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