November 6, 2007: Reid Fills the tree on Farm Bill, enraging minority senators who are now unable to offer amendments

[16:37]
Senators have generally been speaking in favor of the Farm Bill this afternoon. Ken Salazar (CO) likes it. Debbie Stabenow (MI) likes it. Larry Craig (ID) spoke in favor of it.

Now Pete Domenici (NM) is speaking about the bill. He lamented Majority Leader Reid's (NV) decision to fill the amendment tree. This procedural tactic allows Reid to decide what and whether further amendments will be considered for the bill. Reid used this uncommon tactic to speed along consideration of the bill. Reid said that he would only "open the tree" to include consideration of amendments that were "relevant" to the Farm Bill. Who decides what's relevant? Reid does. Hey, it's great to be the majority leader of the U.S. Senate.

Domenici has an amendment mandating an increase in the nation's use of renewable fuels. It would double the ethanol usage in the U.S. Domenici wonders whether Reid will allow the amendment to even be considered.

[12:46]
The Senate is on lunch recess. It's back at 14:15.

Judiciary Cmte. Approves of Mukasey, but is filibuster still possible?

I don't see why not. The Judiciary Committee voted today 11-8 in favor of referring Mukasey's nomination to the floor of the Senate for a full vote. Senators Schumer (NY) and Feinstein (CA) voted to refer the nomination to the floor. But in so doing they were the only Judiciary Cmte. Democrats to support Mukasey. Don't forget that it only takes 41 senators to filibuster a nomination on the floor of the Senate. Forty-one senators can frustrate an attempt to invoke cloture on a nomination. Imagine if 41 of 51 Democrats still decide that they will not vote for Mukasey. As for a rough count, start with 51. Take away Schumer, Feinstein, Lieberman, and perhaps Mark Pryor (AR) who tends to be moderate on national security issues. That still leaves 47 Democrats, plenty to block a nomination. Look at those Dems voting against Mukasey in the Judiciary Committee: Dick Durbin (IL), the majority whip; Joe Biden (DE), the presidential candidate; Sheldon Whitehouse (RI), the rookie senator and former prosecutor. Also consider this: there have been a lot of senators missing votes. Is John Warner (VA) going to be back for a vote? Will Hillary and Obama show up? How about McCain who believes that waterboarding is torture? The NYT says that Mukasey's nomination is virtually assured but I'm still eager for that cloture vote.


[12:14]

Reid starts Christmas Decorating early, Fills the tree on Farm Bill

Reid has employed a parliamentary tactic known as "filling the tree" to shut down the otherwise open amendment process to the Farm Bill. The Grassley/Dorgan Amendment made it through before Reid filled the tree.

As a result, no other senator can offer an amendment to the bill unless he obtains unanimous consent to lay the pending amendment aside. That won't happen; there will always be an objection to controversial amendments that senators want to offer, for instance, an Iraq withdrawal amendment or an amendment to repeal the estate tax.

As Judd Gregg (NH) and Mitch McConnell (KY) are observing, Reid now has the sole ability to decide whether an amendment to the Farm Bill will be considered. Reid, and only Reid, can still "open the tree" to let an amendment in.

Previous Senate Majority Leaders from both sides have employed this tactic of "filling the tree." It is often employed late in the session when time is running out.

Now Gregg is unleashing a restrained tirade against Reid's decision to shut down the open amendment process for the Farm Bill. He says that the Farm Bill, being big and complex, needs to include an open amendment process. He wants the Death Tax issue to be on the table, he wants the AMT issue to be on the table. It's "totally reasonable" to spend a long time on the Farm Bill, he says.

"Relevant is irrelevant when it comes to a bill on the floor of the Senate," says Gregg. "If someone wants to put on an amendment about Nicaraguan housekeeping, they can do that. That's the tradition of the Senate!"

Reid says there will not be a cloture vote on the Farm Bill until next week. There should be enough votes for cloture to be invoked.

Impending Congressional Override of Bush's Water Resources Bill Veto

Last Friday, President Bush vetoed an $83b water resources bill referred to as "WERTA." The authorization bill passed the Senate on an 81-12 vote. Russ Feingold (WI) was among the 12 senators opposing the bill, which authorizes spending for over 900 water projects around the country. Feingold believes that the bill fails to undertake a critical task — reform of the Army Corps of Engineers, the entity that would do much of the work authorized by the bill. Feingold wants to see an independent body review Army Corps design plans project-by-project.

The bill authorizes $3.5b to a project in post-Katrina Louisiana. It authorizes $2b to a threatened Everglades. The bill does not actually appropriate the money — it only authorizes the spending. Later bills would have to distribute the money.

Bush said that the cost of the bill had ballooned in conference. He said that the Army Corps of Engineers, which would do the bulk of the water project work, already has a backlog of projects so why authorize a bunch more than might never be completed?

The House plants to vote to override the President's veto of the bill today. The Senate override vote could follow within hours. Both the House and Senate appear to have enough votes to override the veto. This would be the first override of a George W. Bush veto.

[10:19]

Dems will attach Veterans bill to veto-threated health & labor package

Mitch McConnell (KY) now speaking. Says majority still hasn't sent a single appropriations to the President. Although both houses have passed some of the spending bills, no conference reports have been agreed and sent to the president. For instance, Congress has not passed the Veterans Administration conference report.

McConnell says that Dem leadership plans to tie the VA bill to the Labor & Health bill. Bush would sign the VA bill, but would veto the Labor & Health bill, says McConnell. We shouldn't penalize our veterans for the overspending of our government, says McConnell.

[10:06]

Filibuster of Farm Bill?

Majority Leader Harry Reid (NV) is opening the session with comments on what is ahead. He is talking about how the Senate is going to recess for Thanksgiving at the end of next week.

It sounds like there are some Republicans who don't want the farm bill to move ahead. Reid mentioned something about Republican senators delaying the bill by taking the Senate into a series of extended quorum calls.

Delays are crucial this time of year because there is very little legislative time remaining. Reid said that he would not hold a cloture vote on the farm bill this week.

He did, though, make one reference to "filling the tree" which is a parliamentary tactic that a majority leader will employ to prevent senators from offering additional amendments to a bill.

There is a lot of work left to do before Thanksgiving recess. There are conference reports for Health and Defense that need to be confirmed by the Senate and sent to the President. Reid said that the continuing funding resolution will be attached to the Defense bill. This resolution is a pledge by Congress to continue funding the government at current levels in lieu of a budget. There is also the Mukasey confirmation for Attorney General.