Dan Froomkin at WaPo has been reporting on Bush's appointments to the USCCR, and yesterday's resignations of MFB and Cruz Reynoso. I emailed the following to him today:
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Hi Dan, thanks for your great column! I'd appreciate it if you'd address a related issue about the USCCR.
(more below)
Statutory requirements:
6 year terms; the language of the statute does not require the appointment of a replacement member for the duration of an uncompleted term, or continuity of terms such that the 6 year term nust start at the end of the predecessor's term, whether a mid-term replacement or new appointment.
8 members, not more than 4 members shall be of the same political party.
4 Pres appointees (the Pres is not specifically restricted by statute as to political party affiliation of his 4 appointees, but only as to the overall composition of the commission).
2 Senate appointees, not more than 1 member shall be from the same political party.
2 House appointees, not more than 1 member shall be from the same political party.
Commission members:
Pres appointees: MFBerry -- I (Clinton, Jan 1999); Cruz Reynoso -- D (Clinton, Apr 1999); Jennifer Braceras -- R (GWB, Dec 2001); Peter Kirsanow -- R (GWB, Dec 2002)
Cong appointees: Christopher Edley -- D (House, May 1999); Elsie Meeks -- D (Senate, Apr 1999); Russell Redenbaugh -- I (Senate, Jul 2002); Abigail Thernstrom -- R (House, Jan 2001)
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Braceras, Kirsanow, and Thernstrom are self-identified on the USCCR web site as Republicans; Redenbaugh as Independent; Edley and Meeks as Democrats [screen-shot of existing web page saved as of 2004-12-08].
Reynolds and Taylor have been identified in the press as Republicans. Their appointments create a 5-Republican membership, in violation of the statutory requirements.
The WashTimes reports today (2004-12-08):
The appointments break the panel down to four Republicans -- Mr. Reynolds, Mr. Taylor, Jennifer Braceras and Peter Kirsanow; two independents -- Mrs. Thernstrom and Russell Redenbaugh; and two Democrats -- Christopher Edley Jr. and Elsie Meeks.
Both Mrs. Thernstrom and Mr. Redenbaugh have changed their affiliation from Republican to independent.
It may be that Thernstrom and/or one or both of the new appointees have indeed "changed their affiliation"; can you verify this? If not, at least one of these new appointments is illegal. Thanks for your attention to this matter.