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Lindsey on Judges

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 Lindsey on Judges: Courts, Votes, and Decisions

 
Lindsey wants to confirm qualified nominees to the bench on an up-or-down vote. He is against filibusters on the floor. He supports most of the President's nominees.

Lately he has been under fire for allegedly holding up the nomination of William Haynes to the Fourth Circuit Court of Appeals. The conservative groups are accusing him of being a hypocrite because he says he isn't for filibusters, which he isn't for using this tactic once a nominee gets to the floor. However, his action is a blue sip or hold and is not the same as a filibuster.

Lindsey also is a member of the 'Group of 14' that made a compromise last May regardind judicial nominees and filibusters. Under this deal nominees have been confirmed. Janis Rogers Brown, William Pryor, Priscilla Owen, Samuel Alito, and John Roberts are the nominees recently confirmed. The first three had faced an never-ending filibuster and the other two would surely have faced a filibuster if not for the deal. The deal returned the Senate to work in civility, whereas, the nuclear option would have left the institution in permanent disarray.

 
Lindsey understands the importance of the court and the importance of our judges reflecting our values as a nation and not having negative marks on their record. He wants to keep the courtroom a quiet place where anyone can recieve justice.

Google News: Judges

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Washington Post: Filibuster Fight

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The Judicial Compromise

The Compromise reached last May has allowed several formerly stalled nominees to be confirmed as well as two Supreme Court Justices. It also returned civility to the Senate.

Sen. Graham took heat from conservativeives around the country when he joined the 'Group of 14' because it meant that they would not see a vote on the Constitutional Option to change the senate rules. Some even said he caved in, but he was really just attempting to create a more peaceable environment that would allow for other tasks to be completed.

The agreement allows Lindsey to reserve the right to vote "yea" on the Constitutional Option should it be necessary. It also only allows a filibuster is a "extraordinary circumstance." It will allow votes on all except Myers and Saad, which are named in the agreement.

Compromise

Memorandum of Understanding
Document that ceased the fighting over judicial nominees and irked conservatives.

Judicial Nominations

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Nominees Confirmed Since the Deal

  1. Judge Priscilla Owen -- 5th Circuit
    Priscilla Owen Confirmed by U.S. Senate
  2. Judge Janice Rogers Brown -- DC Circuit
    Graham Statement on Janis Rogers Brown
    Senate Confirms Judge Janis Rogers Brown
  3. William Pryor -- 11th Circuit
    Graham Praises President Bush for Pryor Appointment
    Senate Ends Filibuster on William Pryor
    Senate Approves Three Bush Nominees to Federal Bench
  4. David McKeague -- 6th Circuit
    Senate Approves Three Bush Nominees to Federal Bench
  5. Richard Griffin -- 6th Circuit
    Senate Approves Three Bush Nominees to Federal Bench
  6. Thomas Griffith -- DC Circuit
    Senate Confirms Another Bush Nominee to the Federal Bench
  7. Judge John Roberts -- US Supreme Court
    Statement from U.S. Senator Lindsey Graham on the Nomination of Judge John Roberts to the U.S. Supreme Court
    Graham Meets With Supreme Court Nominee Roberts
    Senator Graham's Opening Statement on John Roberts
    Lindsey Graham Questioning of Supreme Court Nominee John Roberts Senate Committee on the Judiciary
    Senator Graham Questions Chief Justice Nominee John Roberts on Third Day of Confirmation Hearings
    Senator Graham Questions Judge Roberts on the Final Day of Confirmation Hearing
    Senate Judiciary Committee Approves Roberts Nomination
    Lindsey Graham Statement on Senate Judiciary Committee Vote on John Roberts Nomination
    Graham Statement on Senate Confirmation of John Roberts
  8. Samuel Alito -- US Supreme Court
    Statement on Judge Alito's Nomination to the Supreme Court
    Opening Statement at the Judiciary Committee Hearing on Judge Samuel Alito
    Second Round of Graham Questioning Judge Alito
    Graham Statement on Judiciary Committee Vote on Judge Alito
    Graham Statement on Senate Confirmation of Justice Alito to the Supreme Court
  9. Brett Kavanaugh -- DC Circuit
    Senate Confirms Brett Kavanaugh to Circuit Court

JAGs and Torture top the list of Concerns about Haynes

Administration policy on detainees at issue

William Haynes was first nominated to fill a vacant seat of the United States Court of Appeals for the Fourth Circuit in 2003 and has been stalled in the Judiciary Committee ever since. Many questions surround his role in the creation of the policy that led to torture and his treatment of JAG attorneys, as well as lack of timeliness in releasing information to the Committee evaluating his nomination. He has also been less than forthcoming in answers to questions asked by committee members.

Lindsey, once a supporter of the nomination, has changed his position because of these valid questions bearing on Haynes' fitness to sit on the bench. He has asked Haynes tough questions about his role in the formulation of the policy that led to abuses at Abu Ghraib and GITMO (Lindsey on Detainee Treatment) as well as why the JAGs felt ignored in theri suggestions regarding detainee policy. The answers were not satisfactorily forthcoming.

History of Lindsey's Involvement with the Haynes Nomination

President Bush first nominated William Haynes for the US Circuit Court of Appeals for the Fourth Circuit in 2003 and his nomination has been stalled ever since. He is currently the Department of Defense General Counsel which caused great heartache when his nomination was discussed. He allowed the Justice Department to run detention policy in the battle against terrorism. The story was that he didn't even stand up for the Defense Department in the policy discussion, but rather accepted the Justice Department's prescriptions.

Lindsey, usually a staunch supporter of the President's nominees and one time supporter of the Haynes nomination, has been voicing concerns. He has concerns about his JAG colleagues not being listened to in the decision making process. He has been an Air Force lawyer and judge for the last 20 + years. His other concerns include Haynes lack of forthright responses during the hearings and his inability until fairly recently to get a group of memos written by the other military lawyers regarding the policy.


Lindsey has been accused of holding up the nomination to make a policy point by conservative pressure groups. He denies this, but is not working to free the nomination from the hold. They call the hold a pocket filibuster, which is inaccurate because a hold could be removed by filing a discharge petition with the committee. The pressure groups will keep on about the nomination until there is an up-or-down vote. Lindsey won't give up his opposition because it is warranted. 


The nomination was sent back to White House unconfirmed before the recess and the President has just resubmitted it in time for the return of the Senate. The Senate once again did not confirm him for the post. The President proceeded to resubmit the nomination to the Senate for action during the "lame duck" session.


The President withdrew the Haynes nomination on 9 January 2007 because of Lindsey's opposition to his nomination.

Haynes Press Release

Graham Statement of the Haynes Nomination
Statement regarding the Haynes nomination from 07/17/2006.

William Haynes

William Haynes is the current General Counsel for the Department of Defense. He has been a leader in a time that has seen our country deteriorate into a debate over weather we should treat military detainees in accordance with established standards.

Mr. Haynes wrote or endorsed memos that at least created an environment that led to Abu Ghraib and Guantonomo Bay scandals. These scandals have put a stain on our honor.

His job as Defense Department General Counsel is to advocate for his departments standards with regard to treament of people detained in Defense Department facilities, but instead he allowed the Justice Department to rule the day and tell him what to do with the detrainees. This is unacceptable.
None of this means he won't be an independent and fiar judge, but the other issue about his role in the scandals outweighs the other considerations. Placing him on the Fourth Circuit would reopen the not yet healed wounds from Abu Ghraib and Guantonomo. It would also make the nomination a referendum on administration policies on detention and opens wide the schism in the party between the Presidnet and members of his own party. This is not the argument or fight I would want in an election year.

Link List: William Haynes Information

Independent Judiciary
Basic information about nominee
USDOJ: Office of of Legal Policy: William Haynes II
Official information about the nominee

A Troubled Nomination

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Haynes News

Judicial nominee push irks Graham
James Rosen | Myrtle Beach Sun-News | 11/23/2006
Graham goes back on attack over judicial pick
James Rosen | The State | 11/23/2006
Bush's Power to Shape Courts Ended by Election Loss (Update2)
James Rosen | The State | 11/23/2006
Pushes Come to Shoves
Washington Prowler | American Spectator | 6/6/2005

Haynes Op/Ed

Bench-Clearing Brawl
Investors Business Daily | 11/20/2006

HaynesLog

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judithkratochvil

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