"Minority Leader Harry Reid strayed from his prepared remarks on the Senate floor yesterday and promised to continue opposing one of President Bush's judicial nominees based on 'a problem' he said is in the nominee's 'confidential report from the FBI.'Let's recap:
Those highly confidential reports are filed on all judicial nominees, and severe sanctions apply to anyone who discloses their contents. Less clear is whether a senator could face sanctions for characterizing the content of such files.
'Henry Saad would have been filibustered anyway,' Mr. Reid said on the floor yesterday, about the Michigan Appeals Court judge who is nominated to the U.S. Court of Appeals for the 6th Circuit.
'All you need to do is have a member go upstairs and look at his confidential report from the FBI, and I think we would all agree that there is a problem there,' Mr. Reid continued.
Republican staff members and supporters of Mr. Bush's nominees were outraged.
'Can you think of a better way to trash someone's reputation?' "
Access to FBI confidential files on nominees is restricted to senators on the Judiciary Committee and senators from the nominee's home state. Reid is neither. So either he is lying about having looked at the file, or he has violated Senate rules and the Memorandum of Understanding the Senate has with the White House.
If he is lying, which is likely, then he has engaged in deliberate character assassination with the knowledge that no one can respond without violating the confidentiality of the file. Even Saad himself is not allowed to know what's in the file. So, neither he nor anyone else can defend him from Reid's sneaky charge.
Whether he is lying or not, the Senate ought to take at face value Reid's admission of violating Senate rules, illegally divulging confidential information, and trashing the Memorandum of Understanding with the White House.
Senator Frist had better recognize that a bloc led by this senator will not respect any so-called compromise agreement they make. It's time to quit talking Senator Frist and go nuclear!
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