Tuesday, May 24, 2005

Tuesday Briefing - 5.24.05 - Who Leads the Senate?

Good morning . . .

Who leads the Senate? That is the question that many Republicans and conservatives are asking after the ambush by "moderate" Democrats and Republicans Monday.

The "memorandum of understanding" signed by fourteen senators stole the leadership from Majority Leader Bill Frist (R-TN) and Minority Leader Henry Reid (D-NV). Neither can effectively lead their party on the floor of the Senate. Any move by wither leader can now be thwarted by a coalition of senators who do not support a certain issue.

Will there be other "memorandum of understanding" in the future? Probably.

It is now time for new leadership in the Senate, especially for the Republicans. Frist has shown he cannot require Republican senators to cooperate with the leadership. The seven Republicans, especially John McCain (R-AZ), have higher ambitions. Unfortunately for McCain, his part in the "ambush" will lose most of the Republican bas as he begins to run for the presidency.

Will Bill Frist survive? Probably, but he will no longer be an effective leader. His lack of leadership and not moving for the constitutional option much earlier will cost him conservative support in his run for the presidency.

In dueling speeches on the Senate floor, Frist said the rule change is "still an option." Sen. Reid said that it will not be used "in our lifetime."

Frist is concerned about the "extraordinary circumstance" clause of the agreement. What is an "extraordinary circumstance"? To senators like Robert Byrd (D-WV), Ted Kennedy (D-MA), and others it means any nominee forwarded by President Bush. I predict that Democrats will filibuster any and all nominees to the Supreme Court. This would effectively end the agreement and the Senate rules would change quickly.

Another part of the agreement gives anyone familiar with the Constitution pause. The agreement says that the President should consult with the Senate before forwarding judicial nominees to the Senate. The Constitution only requires "advise and consent" on presidential appointments. It does not require any president to have advanced approval from the Senate.

Text of Memorandum of Understanding.
Nuclear Option May Still Be Invoked, Frist Says -- 05/24/2005
Senate Deal Tells Bush to Consult Before Nominating -- 05/24/2005
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The poster girl for prisoner abuse in Iraq surrendered her right to challenge the seven charges against her.

PFC Lyndie England will not stand before an Article 32 hearing, the military equivalent to a Grand Jury, but will forward to Court Martial.

Now a decision on the charges will move to Lt. Gen. Thomas Metz, commander of Ft. Hood, TX, who will decide whether she will face any charges at all.

If Metz orders a trial, it could begin as soon as next month.
England Waives Right to Challenge Charges - Yahoo! News
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The pilot of the plane that entered restricted airspace over Washington DC was certain he would be "shot out of the sky."

Hayden L. "Jim" Shaeffer said in an interview on the Today show said there "was no doubt in my mind."

Shaeffer's pilot license was revoked by the FAA as a result of the incident that caused the evacuation of the Capitol, the White House, and the Supreme Court.

According to the FAA, Shaeffer should not have had a passenger in the plane because he had not met flight requirements with the previous 90 days. The FAA says he did not take the basic steps required before flying. He failed to check the weather and he didn't check the "Notice to Airmen" which informs pilots of airspace restrictions and how to respond to military aircraft.

When he got lost, he failed to contact air traffic control or a flight service station to determine his location.

This is a bad pilot who should have his license revoked permanently.
Pilot Thought Jets Would Shoot Him Down - Yahoo! News
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More later.

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