The "Extraordinary Circumstances" Of The McCain, Graham Filibuster Vote

It came as no surprise when Republicans attempted to filibuster the nomination of David Hamilton to the 7th Circuit Court of Appeals yesterday considering that Sen. Jeff Sessions announced weeks ago that he intended to do so, depsite having opposed the use of the filibuster against judicial nominees when President Bush was in office. Sessions' effort was supported by a gaggle of right-wing activists who likewise opposed the filibuster when it was used against Bush's nominees, but suddenly abandoned their supposedly deeply-help and principled opposition to this sort of "unconstitutional" use of the filibuster. 

But most surprisingly about the vote, which failed 70-29, was that two Republican members of the so-called "Gang of 14" which worked out an agreement to prevent Senate Republicans from deploying the "nuclear option" back in 2005 joined Sessions and other Republicans in trying to filibuster Hamilton: John McCain and Lindsey Graham.

The Gang of 14 agreement stated:

Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should be filibustered only under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

And when it was announced, Graham hailed it as a significant step in ending the use of the filibuster against judicial nominees:

"The American people won tonight. The Senate is back in business. And I truly believe future judicial nominees will be treated better because of this agreement."

"The agreement allows up or down votes on deserving nominees and gives the Senate a chance to start over regarding future nominees. It's my hope both sides have learned from their mistakes and we can get back to the traditional way of doing business when it comes to judges.

"One of the major elements of the deal makes clear that if one of my seven Democratic colleagues decides to filibuster in the future because of an "extraordinary circumstance," I retain the right to vote for a rules change. It's my hope we never get to that point.

"With better communication and a spirit of putting the country ahead of ourselves, I believe we can avoid future filibusters.

McCain likewise praised the agreement:

I feel the long-term implications are that if this succeeds, then perhaps we will see other coalitions, not necessarily this one but other coalitions, that will join together and try to work for the good of the country. I don't believe that of the 14 of us that any of us had any other ambition than to try to prevent the Senate from going over a precipice.

Apparently McCain and Graham joined the Gang of 14 in order to prevent Senate Republicans from nuking the filibuster while ensuring the confirmation of several of President Bush's most controversial nominees ... just so they could try to use the filibuster against President Obama's very first Circuit Court nominee.

What exactly were the "extraordinary circumstances" in the Hamilton nomination that compelled Graham and McCain to attempt a filibuster after participating in and praising the Gang of 14 agreement as a way for the Senate to "avoid future filibusters"?

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Right Wing Leftovers

  • Ken Starr says that President Obama should be prepared for an "uphill battle over his Supreme Court nominees because as a senator he opposed two of President George W. Bush's Supreme Court picks."
  • Some group called Conservatives Students Activists and Policy Makers is having a joint conference during the upcoming CPAC that will reportedly feature Michelle Malkin, Glenn Reynolds, Mike Huckabee, and Joe the Plumber. I have never even heard of them.
  • Richard Land continues to insist that pursuing stem-cell research makes us modern day cannibals.
  • Among the things that will probably not endear John McCain to the Religious Right is the fact that his daughter and former campaign manager are scheduled to speak at the Log Cabin Republican's convention in April.
  • The ACLJ claims that more than 200,000 people have signed onto its anti-Fairness Doctrine efforts and that it is preparing a legal strategy to fight it if it makes a comeback.
  • The Alliance Defense Fund has sent a letter to the Senate Judiciary Committee urging it to reject the nominations of David Ogden, Elena Kagan, Dawn Johnsen, and Thomas Perrelli:
  • "We strongly urge the Senate Judiciary Committee to refrain from appointing David Ogden, Elena Kagan, Dawn Johnsen, and Thomas Perrelli to the Department of Justice, as they have each demonstrated throughout their careers a flawed understanding of the Constitution," said ADF Senior Counsel Gary McCaleb. "Their legal philosophies depart from mainstream views, their professional careers reflect a far-left ideology, and their involvement in the DOJ could jeopardize the proper enforcement of federal law and the development of constitutional doctrines."

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McCain's Tenuous Supporters Desert Him

Prior to the election, we spent a lot of time chronicling various right-wing figures who had, at one point, publicly declared their loathing of John McCain only to subsequently turn around as Election Day approached to admit that they would, after all, vote for him. 

High-profile leaders like James Dobson and Paul Weyrich were joined by the likes of Rick Santorum and Richard Viguerie in undergoing this transformation.  But now that the election is over and McCain is back to his job as a Senator, it seems that some of his one-time supporters have decided that it is now safe to revert back to form.

For instance, Viguerie had never been much of a fan of McCain's and even mulled over the possibility to backing Ron Paul ... until McCain named Sarah Palin as his running mate, at which point he became an ardent supporter.

But the support was short-lived, because earlier this month McCain rolled out a new PAC and Viguerie wasted no time in calling it a joke:

On Wednesday afternoon, Senator and former presidential hopeful, John McCain, announced the creation of his new grassroots organization named "Country First."

Commenting on the new organization, ConservativeHQ.com Chairman Richard Viguerie stated, "Senator John McCain is a General without an army. He's attempting to lead but he has no followers because his trumpet does not sound certain."

Like Viguerie, Santorum was also a last-minute supporter of McCain's, thanks in large part to Palin.  And now Santorum too has thrown his opportunistic support aside, penning a column predicting that McCain will become Barack Obama's "ace in the hole" in order to rescue his reputation:

In McCain's mind, however, losing the presidency will not be the final chapter of his life story. He knows the path to "Big Media" redemption. Working with the man who vanquished him in November will show them all the real McCain again.

Remember, it was this onetime prisoner of war who led the charge to open diplomatic relations with Vietnam. If that past is prologue, and McCain's legislative record is any guide, he will not just join with Obama but lead the charge in Congress on global warming, immigration "reform," the closing of Guantanamo, federal funding for embryonic-stem-cell research, and importation of prescription drugs.

But McCain won't stop there in his effort to rehabilitate himself in the media's - or maybe his own - eyes. He will forge common ground on a long list of initiatives that go far beyond where he has gone before, including the stimulus package.

Alas, the two White House rivals now stand positioned to help secure each other's place in history.

There is a line from a "Simpsons" episode where Mr. Burns joins Homer's bowling team in a spirit of camaraderie and then steals the team's championship trophy for himself, to which Homer laments "I guess some people never change. Or, they quickly change and then quickly change back."

That pretty much sums it up.

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Senator Polliwog (aka Lindsey Graham) on Barack Obama, Michael Phelps, and North Carolina

Barack Obama claimed the state of North Carolina today, which hasn’t gone to a Democrat since Jimmy Carter. But before we could reflect on this historic triumph, we were reminded of something we read last week, which made us think of this:


Don’t worry. We can explain.

Senator Lindsey Graham, warming up a North Carolina audience for McCain, assured them that McCain would win: "He fits North Carolina like a glove…I’ll beat Michael Phelps in swimming before Barack Obama wins North Carolina." Whoops! Graham continued, "Don't let me down, because I can’t swim."

But rather than eating his words, we hope Graham will take the opportunity to learn to swim. Swimming is an important skill, especially for a man who could himself get washed away by a blue wave.

We’ve done him the favor of inquiring about beginner lessons in South Carolina. The Columbia YMCA has two very promising offerings:


Graham was right about one thing: McCain does fit North Carolina like a glove. We tried it ourselves, and the glove kept getting hung up on Asheville:


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Sean Hannity Asks the Tough Questions about So-Called “Winner” of Presidential Election

In the weeks leading up to Tuesday’s historic election, the McCain campaign and RNC led a coordinated campaign to cast the integrity of the vote into doubt. They claimed ACORN was engaging in massive voter fraud. They claimed that Obama was receiving illegal foreign contributions. They claimed that the “liberal media” was skewing the polls in favor of Democrats.

In other words, they were writing themselves an insurance policy in the event of a contested election or narrow loss. But it wasn’t even close.

As a result, the anticipated barrage of conspiracy theories and false charges never materialized. Yet not everyone could just let it go.

Here’s the current poll on Hannity.com:

(h/t: Bob Geiger)

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More on Barton’s Stumping for McCain

It’s certainly not going to generate any news that this point, but I just figured I’d highlight this article just for future reference since it reports that Marlys Popma, John McCain’s evangelical outreach coordinator, attended a forum last week where she made the case for McCain alongside David Barton:

Popma and other surrogates from the McCain and Obama campaigns participated in an event at Christian Life Assembly in Camp Hill, Pa., last Wednesday.

“Blue Like Jazz” author Don Miller was on the Obama side. He has visited several Christian campuses on the campaign’s behalf and spoke at Messiah earlier that day.

Miller was joined by Shaun Casey, the Obama campaign’s national evangelical coordinator, and Paul Monteiro, national deputy director of religious affairs.

There’s a “passion for social justice among Christian college students,” Monteiro said. “Once we knew they were there, we worked with them.”

On the McCain side, Popma joined David Barton, founder and president of WallBuilders, and Renee Amoore, deputy chairwoman of the state Republican Party.

This event was held around the same time that Barton was stumping for McCain in Pennsylvania along with Fred Thompson and others, so it is pretty clear that at some point in recent weeks the McCain campaign decided that it would benefit electorally from associating itself with Barton and exploiting his right-wing connections and biased pseudo-history.

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David Barton's Biased History

I mentioned yesterday that David Barton was out on the campaign trail, speaking at official McCain/Palin campaign events along with Fred Thompson, actor Robert Davi, and Republican National Committee Deputy Chairman Frank Donatelli and so it seemed like a good time to dust off this video we put together to accompany our 2006 report on Barton and his pseudo-history.

The focus of the report was on Barton's "Setting the Record Straight: American History in Black and White" DVD, in which he examines the Democratic Party's historical hostility to African Americans and insinuates that similarly racist views are still held by the party today. Barton runs through a litany of Democratic sins - ranging from slavery to Jim Crow to segregation to the Ku Klux Klan - while praising the Republican Party as the party of abolition and civil rights ... until his history lesson suddenly ends after the Civil Rights Act of 1965, after which Barton makes absolutely no mention of the political transformation that overtook the country in its wake or the rise of the Republican Party’s “Southern Strategy.”

The video concludes with Barton telling his audience that African Americans cannot be bound blindly to one party or the other, but must cast their votes based on the “standard of biblical righteousness … the principles of Christianity … and an awareness that voters will answer to God for their vote."

Apparently, the McCain camp thought it would benefit from potential voters hearing this sort of biased and fraudulent message from Barton himself during the final days of their campaign.

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Barton Stumps for McCain

We knew that David Barton was out there doing his part to help elect Republicans, raising money for Rep. Marilyn Musgrave, explaining to Christian audiences the importance of the Supreme Court and how the GOP and God both share the same agenda

We also knew that he was supporting John McCain but we had no idea that he was actually out there on the trail on behalf of the McCain-Palin campaign: 

Fred Thompson, former U.S. senator from Tennessee, told a local crowd Wednesday that the chance to talk about guns and God is his kind of event.

But though the title of the rally was "Guns & Religion," the politician/actor spent more time talking about the economy.

...

Thompson, actor Robert Davi, Republican National Committee Deputy Chairman Frank Donatelli and David Barton, president of the religious-based organization WallBuilders, spoke at the Wednesday afternoon rally at McCain/Palin headquarters in Springettsbury Township.

"I love the guns-and-God mantra, because both are God-given rights," Barton said, telling the crowd to encourage others to vote. "Get people of faith back in the polls."

Dawn Balcom of Springettsbury Township said it was nice to hear religion addressed.

"It was good to hear that these politicians are thinking God is important," she said. "When we get away from God . . . the whole country goes down."

Why is the McCain campaign associating itself with a right-wing pseudo-historian who believes that Christians should "start breaking fingers" of those who don't vote Republican and warns them they'll have to answer to God for their failure to vote properly. 

Did they not learn anything from their Hagee/Parsely debacle?

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Better Late Than Never

Dan Gilgoff catches the McCain campaign rolling out an “Americans of Faith” section of its website - one week before the election - and he is decidedly unimpressed:

Months after rolling out pages for "American Indians for McCain and "Arab Americans for McCain," the McCain camp has added an "Americans of Faith" page to its web site.

Not much to the page, just short explanations--none more than 105 words--of McCain's stances in four areas: "Judicial Philosophy," "Protecting Marriage," "Human Dignity and Life," "Service, Community and Values."

In fact, the page is so rudimentary that GOM has decided to lower McCain's reading.

It tells you just how amazingly ill-planned and poorly executed McCain’s outreach to the Right has been that he is rolling out a new webpage aimed at them at the last minute – so much so that it led Gilgoff to actually lower McCain’s God-O-Meter rating.

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Palin Disagrees with FBI over Terrorism Designation

By now, you’ve probably heard about this segment on Thursday’s NBC Evening News:

Brian Williams asked Sarah Palin if “an abortion clinic bomber [is] a terrorist under this definition” and she answered, “Now others who would to engage in harming innocent Americans or facilities, I don’t know if you’re gonna use the word ‘terrorist’ there, but it’s unacceptable, and it would not be condoned of course on our watch.”

As others have noted, it’s disturbing that after 7 murders, 17 attempted murders, 41 bombings, 175 acts of arson and hundreds of cases of death threats, stalking, assault, and break-ins, Palin doesn’t think it’s appropriate to use the T-word.

But what has been mostly overlooked is the fact that the comments by Palin, a self-described “hardcore pro-lifer,” run contrary to the longstanding position of American law enforcement.

For instance, the FBI has long considered acts of violence by radical anti-abortion activists to be domestic terrorism. In its 2002-2005 Terrorism in the United States report, Eric Rudolph – the man responsible for two abortion clinic bombings, the Olympic Park bombing, multiple deaths and serious injuries to many more – is described as falling into the “FBI’s 'lone offender' category of terrorist for those who engage in terrorist activities free from organizational guidance.”

The FBI defines domestic terrorism, logically enough, as “the unlawful use, or threatened use, of force or violence by a group or individual based and operating entirely within the United States or its territories without foreign direction committed against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” In other words, Palin is out of step with the FBI.

But don’t expect John McCain to set his running mate straight on the issue. He opposed the Freedom of Access to Clinic Entrances Act – a crucial anti-domestic terrorism bill which led to a considerable reduction in violence – when it came before him in the Senate, so he too is willing to pander to the far right on this issue.

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