David Waldman aka Kagro X has pointed out that when the Senate comes to order under the Presidency of Joe Biden on January 3, because those just elected have not been sworn in and those departing had their terms end, the Democrats will actually have a majority of the sworn Senators and Biden could act to start the process to confirm Merrick Garland.
Now, technically, I believe the President might have to resubmit the nomination, since it is possible it would expire at the end of the previous Congress, but that should not be a problem.
But I want to expand it.
Let me say why.
Apparently the Republicans have recognized that they could have a problem getting Gen. Mattis confirmed as Sec Def. He needs a waiver since he has not been out of service for 7 years. When George C. Marshall got his waiver, I believe it was in a separate piece of legislation.
The Democrats cannot filibuster the nomination itself — except for Supreme Court there is no longer a filibuster for Presidential appointments. But if the waiver for General Mattis were a stand-alone bill, as it should be, it would be subject to a filibuster.
So apparently to avoid that they have tucked into the bill that funds the continuation of the entire government a provision to waive the 7 year ban but only for the first person nominated after enactment of the provision.
Now that’s playing games.
So let’s play back.
By all means, let’s move to confirm Merritt Garland. But recognize, that could be subjected to a filibuster.
But would could not be subjected is approval of every other pending judicial nomination the Republicans have stalled.
Have Biden ask to have them moved, have the Dems vote them, and have them standing by to immediately be sworn in (because otherwise the Republican will try to rescind that approval).
If they feel free to violate regular order then they should be hoist by their own petard.
I’m pissed.
Does it show?
Mattis could well be charged as a war criminal for actions under his command in Fallujah, including the use of White Phosphorus on civilian populations.
If, however, through regular order, the US Senate decides to waive the provision that would otherwise bar him from the position, that is one thing. But that regular order would have the waiving in a stand alone bill. It might pass. It might fail on filibuster. We don’t know. But that is how it is supposed to be.
Just as real regular order would have had every single pending judicial nomination, including Merritt Garland, already acted upon.
That’s my rant for the evening.
And our military should be under civilian control.