Letters to the Editor

• casual_observer, re holds on H.R. 6034

  [Read the article: Obama's support for the FISA "compromise"]
  [Read more letters about this article: Here]

  As far as I know, placing H.R. 6034 on the Senate Calendar doesn't necessarily preclude the formal assertion of a hold by any Senator even now. Though of course Reid's track record on this is that a Democratic hold will be dismissed out of hand, and overridden with the help of fellow Democrats (unless, presumably, it comes from Obama). Nevertheless, such a hold would create at least a couple of days of delay (and the need for a 60-vote override) that otherwise wouldn't be necessary (just as objecting to immediate placement on the calendar would have caused some delay, without involving a vote).

  Here's some language about the formal assertion of a hold from the Senate Calendar, and an example of a formal hold notice by Feinstein [though the content (copy and paste to see the language) is misleading - as I recall, she and Feingold were trying to make a point about Senator Ensign's longstanding hold on this legislation, which Reid has never tried to overcome]:

  NOTICE OF INTENT TO OBJECT TO PROCEEDING

  ____________________________________________________

  When following the objection to a unanimous consent to proceeding to,

  and, or passage of, a measure or matter on their behalf, a Senator has

  notified the appropriate leader, or their designee, in writing and

  submits such objection for inclusion in the Congressional Record and

  the Senate Calendar of Business, it shall be placed in the section of

  the Calendar entitled "Notice of Intent to Object to Proceeding''.

  ________________________________________________________

  Number Title Date and Senator

  ________________________________________________________

  [[Page 90]]

  S. 223, Oct. 2, 2007.

  http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=senate_calendar&docid=sc008.pdf

  bamage - Thanks for providing the earlier links, and sorry to step on your earlier quoting of Kris's FISA posting at Balkinization - I didn't spot yours until I'd posted mine.

  For those not up to speed on the intricacies of this debate, beyond immunity, I highly recommend Kris's post today regarding what FISA required, pre-Protect America Act, and what this proposed bill changes (which Kris will be elaborating on tomorrow):

  http://balkin.blogspot.com/2008/06/guide-to-new-fisa-bill-part-i.html

  Permalink Saturday, June 21, 2008 03:48 PM