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The Lieberman/Graham detainee photo amendment did not make it into the FDA tobacco legislation because someone objected:
MR. DODD: I want to point out to my colleagues that this is now down to the last few votes on this matter. I had hoped we would have been able to consider some of the other amendments that were being offered. But as my colleagues, I think, are probably aware, one of the amendments to be considered was an amendment offered by my colleague Senator Lieberman. There was objection to that amendment coming up. As a result, we could not reach an agreement on allowing time for the other amendments to be considered, amendments offered by Senator Enzi, Senator Bunning, Senator Coburn, and Senator Hagan.
In fact, an amendment offered by Senator Enzi--he and I reached an agreement on that. It is regrettable that we weren't able to get to it. I hope we can fix it at another time. That is an example of what happened when we couldn't get unanimous consent to go forward. Nonetheless, I hope the substitute will be adopted, cloture will be invoked, and we can schedule a vote for final passage, as I believe we will, in the next day.
[Page: S6410] GPO's PDF: http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2009_record&page=S6410&position=all
So, Lieberman backed down and voted for cloture on this bill after saying that if his "life and death" amendment wasn't included, he would vote against it.