HaHa, suck it up scuzz ball
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WASHINGTON - President Bush is left with few options for reviving his stalled nomination of John Bolton to be U.N. ambassador. And all carry potential political liabilities, including what might be his last resort: an end run around the Senate with a recess appointment.
Increasing pressure on Senate Majority Leader Bill Frist for an up-and down vote, as the president did on Tuesday, seems unlikely to pay off and could keep the Senate bogged down.
"He asked that we continue to work," Frist said after lunch with the president. "And we'll continue to work."
Yet there was no indication Bush or Frist could pick up support to end the Democratic blocking tactics. Instead, the trend seemed heading the other way.
Republican Sen. George Voinovich (news, bio, voting record) of Ohio, who voted last month to break the filibuster, sided with Democrats on Monday's 54-38 vote. That was six short of the 60 required to break a filibuster.
Bush could bow to Democratic demands and turn over more material on Bolton. But that would be seen as a stinging concession by the president — and there's no guarantee Democrats would drop their delaying tactics.
Or Bush could circumvent the process and give Bolton a short-term recess appointment to the post — as early as the approaching Fourth of July congressional break. This could be the path of least resistance.
But while it would let Bush seat Bolton at the United Nations with the stroke of a pen, he could serve only to January 2007, when the current Congress adjourns.
Sen. Joseph Biden (news, bio, voting record), D-Del., a leading Bolton opponent, said Wednesday the president would be making a mistake if he installed Bolton as a recess appointment. "I think that would be a mistake, but we couldn't stop them," Biden said on NBC's "Today" show.
Labeled up front as a short-timer and lacking the backing of the Senate could hamstring Bolton in the eyes of the international community and further polarize Congress.
"You want to send someone there that has the confidence not only of the president but also the Senate," said Sen. Christopher Dodd (news, bio, voting record), D-Conn., a leading Bolton critic.
Republicans are mindful of this. That's one reason the administration and its allies on Capitol Hill are not mentioning recess appointments — just yet. Bush and his advisers are taking pains to make sure they don't signal such an intention and further fan partisan fires.
"We've got lots of options," Bush chief political adviser Karl Rove said in an interview with MSNBC when asked about a Bolton recess appointment. "Let's, though, stay focused on the main and most important option ... and that is to have an up-or-down vote."
Democrats have held up Bolton's nomination by demanding that the administration check a list of 36 U.S. officials against names in secret national security intercepts that Bolton requested and received. They also want documents related to the preparation of testimony that Bolton planned to deliver — but ultimately never gave — in the House in July 2003 about Syria's weapons capability.
The Constitution allows a president to fill vacancies while Congress is recessed. The provision harkens back to an era when members took days to get to the national capital, and when recesses routinely stretched for months.
Such conditions, of course, no longer apply. But the constitutional authority does, and both Bush and Democratic predecessor President Clinton have used it selectively — annoying the other party in the process.
In 2001, Bush gave recess appointments to Eugene Scalia, son of Supreme Court Justice Antonin Scalia, as solicitor of the Labor Department and to former Reagan White House aide Otto Reich as assistant secretary of state for the Western Hemisphere.
He has also temporarily seated several federal appellate court judges blocked by Democrats, including Charles Pickering of Mississippi and William Pryor of Alabama. Pickering has since retired. Pryor was renominated and won Senate confirmation just last week.
Clinton gave recess appointments to William Lann Lee as assistant attorney general for civil rights and gay activist James Hormel as ambassador to Luxembourg after both were denied confirmation votes by the GOP-run Senate. In 1996, Clinton recess-appointed Wyche Fowler, a Democratic former senator from Georgia, as ambassador to Saudi Arabia.
Bush has yet another option, of course. He could withdraw Bolton's name and nominate someone else.
But there's absolutely no hint that he's interested in that course.