HARRY KNEW WHO'D WON:

Judicial Nominees Compromise Was Hard-Won (DAVID ESPO, 5/28/05, AP)

The signatures of 14 Senate centrists, seven from each party, spilled across the last page of a hard-won compromise on President Bush's judicial nominees. But whatever elation the negotiators felt, the Senate's Democratic leader did not share it.

In the privacy of his Capitol office last Monday night, Sen. Harry Reid, D-Nev., asked for commitments from six Democrats fresh from the talks. Would they pledge to support filibusters against Brett Kavanaugh and William Haynes, two nominees not specifically covered by the pact with Republicans?

Some of the Democrats agreed. At least one, Sen. Ben Nelson of Nebraska, declined.

Details of Reid's attempt to kill the two nominations within minutes of the agreement, as well as other events during this tumultuous time, were obtained by The Associated Press in interviews with senators and aides in both parties. They spoke on condition of anonymity, citing confidentiality pledges. [...]

Democrats wanted the right to filibuster, while insisting Republicans abandon their threats to ban the practice.

Republicans insisted on some sort of linkage — limiting the potential for filibusters, while reserving the right to respond forcefully if Democrats broke their word.

Draft proposals, bearing language written by Reid's staff, envisioned future filibusters only "under extraordinary circumstances." Sen. Chuck Schumer, D-N.Y., a member of the leadership, weighed in from a distance. Republicans agreed each senator could exercise "his or her own discretion and judgment" in deciding whether to filibuster.

Republicans objected forcefully at other points.

At a private lunch among senators, Sen. Mitch McConnell, R-Ky., and other GOP leaders equated a pending draft with unilateral disarmament. They said it would allow Democrats to filibuster without fear of retaliation.

Back around the coffee table, McCain, DeWine, Sen. Lindsey Graham, R-S.C. and others insisted that Democrats yield ground.

Finally, as the negotiators returned to the Capitol last Monday, the day before the scheduled vote, the centrists were optimistic they had a deal. [...]

The draft said Democrats could filibuster only in "extraordinary circumstances" and that Republicans would oppose any rules changes "in light/assuming the spirit and commitments made in this agreement."

"In light" of, a construction credited to Graham, won out.

Collins successfully sought insertion of one additional word, obliging Democrats to "continuing" commitments.

Moments after the talks ended, six of the Democratic negotiators — Nelson, Pryor, Byrd, and Sens. Ken Salazar of Colorado, Mary Landrieu of Louisiana and Joseph Lieberman of Connecticut — walked into Reid's office.

Schumer objected to the deletion of Kavanaugh's name. Recognizing that the talks were over, Reid asked Democrats to support filibusters against both Kavanaugh and Haynes.

Nelson declined. Several participants in the meeting said the others agreed, although Landrieu said Friday through a spokesman that she had not. Reid's spokesman declined comment.

Sometimes a win can be bitter.

Posted by Orrin Judd at May 28, 2005 6:49 PM