Special Prosecutor Appointed

Attorney General Michael Mukasey announced the appointment of a special prosecutor to investigate the firings of nine U.S. attorneys, as a scathing report was released by DOJ investigators that found partisan political considerations to be behind the firing of several of the attorneys. As I look over the report I'll try to post some of the juicier tidbits for your perusal.

Legislative Week in Review VI

President Bush at last nominated a VA secretary and is considering a recess appointment for his controversial surgeon general nominee. Retired Army Lt. Gen. Dr. James B. Peake is likely to face tough questions during his confirmation hearings (likely weeks away) about how he would lead a troubled Department of Veterans Affairs. If confirmed, Peake would become the first general and first medical doctor to head the VA. President Bush on Wednesday also nominated Edward Schafer, a former two-term Republican governor from North Dakota, to head the Agriculture Department in an attempt to influence the upcoming farm bill. AG nominee Michael Mukasey's confirmation is less in doubt now that Democratic Sens. Chuck Schumer and Diane Feinstein have announced they will vote him out of committee on Tuesday, November 6th.

Bush vetoed the water projects bill but he will be easily overridden next week. The first big budget battle also looms. House and Senate negotiators on Thursday agreed to tack a $65 billion bill funding the Department of Veterans Affairs and military construction onto a $151 billion bill for the Labor, Health and Human Services (HHS) and Education departments. When the conference report moves to the Senate floor — which could happen as early as next week — Republicans plan to raise a point of order to strike the language on Veterans Affairs and military construction. President Bush is threatening to veto the combined spending package. Democrats in Congress have also refused to provide money for his European missile shield program.

The Senate voted 64-30 in favor of the SCHIP bill again. This time it did not achieve a veto-proof margin as some supporters weren't there and others (such as our own Sen. Kay Bailey Hutchison) switched their position. House and Senate negotiators will now try to come up with another version that can win enough support to override a Bush veto.

The House of Representatives unanimously voted to extend the Internet tax moratorium another 7 years (matching the Senate version) and passed, 244-166, a bill that would put new environmental controls on hard-rock mining, set up a cleanup fund for abandoned mines and permanently ban cheap sales of public lands for mining. Additionally, the House passed by a voice vote legislation that orders a government study into the technology needed to overcome the circumstances of miners being trapped far underground without the ability to communicate with would-be rescuers. And, defying a White House veto threat, the House on Wednesday passed a multibillion-dollar expansion of a program to help retrain workers who have lost their jobs because of foreign competition, 264-157.

The Ways and Means Committee voted 22-13 in favor of a bill that would provide temporary relief from the alternative minimum tax and pay for it in part by raising taxes on private equity fund manager. Majority Leader Reid has said the Senate will not wave "pay-go" rules for the AMT fix, but it is not clear that Rangel's proposal will fly there. The House Ways and Means Committee also voted 39-0 for a free trade pact with Peru.

The Senate's Environment and Public Works Subcommittee on Private Sector and Consumer Solutions to Global Warming and Wildlife Protection approved a climate change bill by a 4-3 vote. The measure would limit greenhouse gas emissions thought to contribute to global warming. It may see a floor vote by year's end.

Meanwhile, the Senate Foreign Relations Committee voted 17-4 to send to a floor vote the Reagan-era "Law of the Sea" treaty supported by President Bush. With Senate ratification, the United States would join 155 nations that are party to a convention that sets rules and settles disputes over navigation, fishing and economic development of the open seas and establishes environmental standards. Treaty supporters, after making little headway for years, have gained momentum recently with concerns that the melting of the global ice cap will trigger a rush of claims by Arctic countries, including Russia, to previously iced-in resources.

House and Senate panels voted Tuesday to eliminate a five-year expiration date for registered phone numbers on the National Do Not Call Registry.

Oh, and it looks increasingly unlikely the "No Child Left Beind Law" will be brought up for re-authorization by the end of the year.

In corruption news, an oil services contractor testified Monday that he was blackmailed by an employee over renovations at Sen. Ted Stevens' home. Sen. David Vitter has agreed to pay a $25,000 fine for violating federal election laws during his campaign for the Senate in 2004. And Rep. Henry Waxman, who chairs the House Oversight and Government Reform Committee, on Wednesday demanded that the White House turn over hundreds of pages of material about Jack Abramoff.

Lawmakers on Capitol Hill are weighing the possibility of adding a “millionaire’s amendment” to presidential campaign finance reform measures. As it applies to Senate races, the amendment states that if a candidate exceeds the statutory threshold by 10 times, then the cap on the amount of money other candidates can accept from a single donor can be raised. Unfortunately, the Senate appears deadlocked over legislation that would require members to file their campaign finance forms electronically. Oh well.

Legislative Week in Review V

The House of Representatives held another vote on a slightly reworked version of the S-CHIP bill today. The vote was 265-142, which is short of the two-thirds majority needed to overturn another promised presidential veto. However, it is that override vote that counts. Many weren't there to vote today and some will switch their votes, as they did last time.

Rep. Charlie Rangel, chairman of the House Ways and Means Committee, outlined a $1 trillion plan Thursday to eliminate the alternative minimum tax and ease the tax burdens of most people by asking the rich and some companies to pay more. However, GOP Senators are threatening to block eliminating the ATM tax unless Bush's tax cuts are extended. Isn't that something! Republicans are going to block a tax cut which benefits most people in favor of ones that benefit a few. But it just confirms what we've been saying all along.

Four backers of a resolution to formally name the 1915 massacre of Armenians by Ottoman Turks a genocide said on Thursday they have asked Speaker Pelosi not to bring it to a vote in the House, at least until later this year. And bid to censure California Congressman Pete Stark over recent comments about troops and such failed, but he apologized anyway. Apparently, these types of things are all the rage. They are much more important that, you know, actually doing something about the war.

Rep. Henry Waxman, chairman of the House Oversight and Government Reform Committee, laid into Secretary of State Condoleezza Rice this week for grossly mismanaging diplomatic efforts in Iraq and concealing information from Congress. He also accused Blackwater of serious tax evasion; Sen. John Kerry is pushing for a further probe.

By a vote of 27-21, the House Education and Labor Committee advanced to the full House legislation that would prohibit workplace discrimination against gays, lesbians and bisexuals. The original ENDA bill included protection for transgendered workers as well, but it became clear it would not pass with that included. There will be an attempt on the House floor to reinsert the language, but the bill already faces a veto threat and can't afford to lose any votes if there's going to be any hope for an override.

Also in the House: A bill that seeks to reduce vet suicides and would require mental health training for VA staff, screen suicide risk factors for veterans who receive VA care, and refer at-risk veterans for counseling and treatment and designate a suicide prevention counselor at each VA medical facility, passed 417-0. It also supports outreach and education for veterans and their families, peer support counseling and research into suicide prevention. Another bill passed by voice vote on Tuesday would regulate the production, sale and purchase of explosive chemicals like those used in the Oklahoma City bombing.

House Financial Services Chairman Barney Frank plans to introduce legislation Monday that would significantly tighten regulation of the mortgage industry in an effort to prevent another crisis in the subprime lending markets. Legislation that would boost sanctions against Syria was pulled from consideration Tuesday by the House Foreign Affairs Committee after its chairman and ranking Republican could not agree on whether to add language promoting dialogue with that country. And several key medical groups have announced their support for legislation introduced in the Senate that would require pharmaceutical companies to report any gifts given to physicians.

Over in the Senate, Democrats on Tuesday reversed President Bush's cuts to education, health research and grants to local communities as they gird for Bush's first-ever veto of a regular appropriations bill. It was approved by a 75-19 vote and goes to conference with the House version which was not approved by a veto-proof margin.

Armed Services Chairman Sen. Carl Levin has called on the upcoming $196 billion Iraq supplemental, to be considered early next year, to be split into a six-month installment plan where the Senate would have to consider the rest of the money next summer. A similar plan was considered last time in the House (and was threatened with a veto), with the thinking being that it gives Congress two opportunities to try and get a change in course for the war instead of one. Levin wand Sen. Jack Reed are also looking to add a nine-month goal to complete the withdrawal from Iraq. "Adding the language in the Appropriations Committee would turn tables on Republicans by forcing them to reach the 60 votes needed on the floor to strip out the language," according to The Hill.

Judiciary Committee Chairman Sen. Pat Leaky and others say they may note vote for AG nominee Michael Mukasey unless he states firmly that he considers the practice of waterboarding to be torture. Leahy has refused to set a date for a vote on Mukasey's nomination until he clarifies his answer to Sen. Whitehouse's question on the subject.

The Post also reports that Leahy and Sen. Arlen Specter, the ranking Republican, also angrily accused the White House of allowing the Senate Intelligence Committee to review documents on its warran-tless surveillance program in return for agreeing that telecommunications companies should get immunity from lawsuits.

Controversial nominee to the 5th Circuit Court of Appeals (which covers Texas) Leslie Southwick was confirmed, apparently in order to avoid GOP filibusters of future nominees by a Democratic president, despite the fact that will probably happen anyway. The infamous "Gang of 14," who allowed previous Bush nominees to be confirmed to avoid the "nuclear option" under GOP control, met again to come up with this ingenious plan.

The DREAM Act, which would have allowed illegal immigrants who plan to attend college or join the military, and who came to the United States with their families before they turned 16, to move toward legality, failed to reach the required 60 votes. Funnily enough, crazy nutcase and Republican presidential candidates Rep. Tom Tancredo called for a federal immigration raid at a rally by Sen. Dick Durbin in support of the act. Meanwhile, 16 Dems signed a letter to Speaker Pelosi in support of passing H-1B visa and green card reform this year.

The Senate on Thursday night approved a seven-year extension of a moratorium on state and local taxes on Internet access. The House earlier approved a four-year extension, so it now goes to conference.

In corruption news, a federal grand jury investigating California GOP Rep. John Doolittle's ties to jailed lobbyist Jack Abramoff has subpoenaed the House's chief administrative officer, Daniel P. Beard, who is responsible for maintaining lawmakers' old e-mails and other records. Also, Greg Lankler, a staff assistant on the House Appropriations defense subcommittee, is fighting a subpoena in a federal investigation of California GOP Rep. Jerry Lewis' ties to Jack Abramoff. Lastly, Idaho Sen. Larry Craig has spent nearly $23,000 in campaign funds to pay a Washington lawyer who represents him before the Senate Ethics Committee, a new campaign finance report shows. Sounds like he's been a "naughty, nasty boy" to me.

UPDATE: Two Senators on Friday called for a congressional hearing to investigate reports that phone and cable companies are unfairly stifling communications over the Internet and on cell phones.

And, in a letter to White House Counsel Fred Fielding, Sen. Leahy requests all legal opinions that the DoJ has written relating to torture.

Legislative Week in Review IV

Yesterday, the House of Representatives attempted to override President Bush's veto of the SCHIP expansion, but still fell a little short of the required 2/3rds majority. This, despite the fact that 81% of Americans supported the bill, including most Republicans. Speaker Pelosi says she will offer a new bill in two weeks; aides said Democrats will make cosmetic changes, "making it clearer that the bill does not allow illegal immigrants to be covered and capping the income eligibility level," in order to pick up the requisite number of Republican votes. The Senate already has enough votes.

Also this week in the House, legislation to continue a ban on Internet taxes, a resolution condemning the State Department for its refusal to divulge public details on Iraqi corruption, and a media shield bill to protect the confidentiality of reporters' sources in most federal court cases all passed overwhelmingly but have yet to be considered in the Senate. Meanwhile, a proposed resolution that would recognize the massacre of Armenians by the Ottoman Turks during WWI as genocide looks less and less likely to make it to a floor vote with key Democrats opposed over souring relations with modern-day Turkey, despite promises by Speaker Pelosi. This makes one wonder what the point was of picking a fight with the White House that didn't wasn't necessary - just to lose it.

The House is also considering legislation to impose tighter sanctions on Burma's military junta,

In committee news, Rep. Henry Waxman is still looking into how the Bush administration misinformed about pre-war intelligence. Charging that a top Yahoo! Inc. official provided incorrect information regarding a Chinese human rights case to Congress, the House Foreign Affairs Committee on Tuesday called on the company’s leadership to appear before the panel.

Over in the Senate, the Intelligence Committee approved immunity for telecom companies involved in illegal NSA spying as part of the new FISA update, 13-2. Only Democratic Sens. Russ Feingold and Ron Wyden voted against it. However, Sen. Chris Dodd has put a "hold" on the bill and is threatening to filibuster it should Majority Leader Reid decide to bring it to the floor anyway. The House was about to consider its version of the wiretap bill this week (which does not include the immunity provisions, which is why the White House and Republicans are opposed) but it was pulled from the floor after Republicans offered a "poison pill" amendment.

Meanwhile, the Senate Judiciary Committee held confirmation hearings for AG pick Michael Mukasey. White he started off disavowing torture and vowed not to bow to White House pressure, the nominee later demurred about what constitutes torture and stated he opposed restoring habeas rights to Gitmo detainees. However, it is likely he'll be confirmed. A committee vote could happen as early as next Thursday with a full floor vote by the end of the month, though chairman Leahy says this could be delayed if they do not receive written statements by Mukasey in a timely fashion.

Sen. Obama has asked that the head of the Justice Department's voting rights division be fired for saying voter ID laws hurt the elderly but aren't a problem for minorities because they often die before old age. Bush's family planning nominee is also facing considerable opposition (for her anti-contraception views), as is his pick to head of the Justice Department’s Office of Legal Counsel. And Majority Leader Reid signaled today the Senate may take up the controversial nomination of Leslie Southwick to the U.S. Court of Appeals for the 5th Circuit soon, seeking a vote to limit debate on the nomination Tuesday. If that succeeds, the Senate would vote on whether to confirm him. Southwick's record has evidence of racial prejudice.

The Senate Banking Committee approved measures dealing with Sudan divestment, flood insurance, and a 7-year extension of the Terrorist Risk Insurance Act which the White House has said it will not veto despite opposition. The Senate Commerce Committee held hearings on a bill that would make cell phone companies give their customers a break on early termination fees by prorating the penalties so the cost declines with time. And Sen. Schumer has threatened legislative action unless U.S. credit bureaus stop charging fees for freezing a consumer's credit history report to prevent identity theft.

Harry Reid is also hoping to finally get into conference negotiations for energy legislation with the House, if Republicans will allow it. The two houses passed completely separate bills, but Reid and Speaker Pelosi have laid out general guidelines. The White House has threatened a veto.

Lastly, the Senate rejected cuts to community anti-crime grants and NASA spending and overwhelmingly passed the Commerce, Justice, Science, and Related Agencies Appropriations Act which the White House has threatened to veto, like so many budget bills.

UPDATE: You can show your support for Sen. Dodd's hold here.

Legislative Week in Review III

According to The Politico, House Democrats have set a record for the number of roll call votes they've held.

Senate Republicans' demand an Ethics Committee inquiry into Larry Craig has backfired. The GOP had hoped it would force Craig to resign, but he called their bluff by reversing his decision to resign Sept. 30 unless a court let him drop his guilty plea. "Now Republicans are powerless to stop a process almost certain to do more political damage to the party in general than to a retiring senator," according to the AP.

Key members of Congress vowed Friday to defend the independence of the CIA's inspector general and put an end to the agency's probe of its own internal investigator. And four congressional committee chairmen also accused the State Department of suppressing information about corruption inside Iraq's government. A non-binding measure on the issue will be debated on Tuesday.

The House of Representatives voted 389-30 on Tuesday to make it easier to convict private contractors of defrauding the U.S. government during wartime by creating a new federal criminal statute banning contracting abuse associated with military operations and reconstruction efforts. It also would ensure federal courts have jurisdiction in all cases. A similar measure was approved in April by the Senate Judiciary Committee but Republican objections have prevented it from getting a quick floor vote. Other House bills passed this week include one to ensure durable infant products will be sold with a postage-paid registration card so consumers would be informed quickly of recalls, a call for an end to worldwide genital mutilation which passed 378-0, and legislation that would end the use of private tax collectors by the IRS, 232-173 (it faces a veto threat and a Republican filibuster in the Senate, however).

As Xanthippas has followed, the House of Representatives Foreign Affairs Committee voted 27 to 21 to recognize the WWI massacre of Armenians by the Ottoman Empire as genocide, and can now be sent on to the full House for a possible vote. President Bush opposed the measure because an enraged present-day Turkey says it will harm diplomatic relations with the U.S., but Bush himself labeled it genocide in the 2000 presidential campaign.

As I've followed, the House Judiciary and Intelligence committees both approved the FISA bill. President Bush is threatening a veto because it lacks immunity for telecom companies and sunsets after 2 years. Most Republicans have fallen in line, of course.

On their plate in the coming weeks, the House will consider a reporter shield law, an extension on an Internet tax moratorium, informal negotiations with the Senate on energy legislation, paid parental leave for federal employees, more subprime loan proposals, NFL pensions, and a veto override attempt for SCHIP this coming Thursday. Senate confirmation hearings for Attorney General nominee Michael Mukasey begin on October 17th, Sens. Lieberman and Warner will introduce a bill to create a carbon auction system with mandatory emissions caps ("cap and trade") to help combat global warming, the Ag committee may or may not take up the farm bill soon after intense battles over it, and some Senators are considering making wealthy private colleges spend more of their endowments to lower the cost of tuition.