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McConnell whipped for Lynch, avoiding nuclear fallout

McConnell whipped for Lynch, avoiding nuclear fallout
© Francis Rivera

Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellTrump: McConnell 'helpless' to stop Biden from packing court Senate GOP opens door to earmarks McConnell sidesteps Trump calling him 'dumb son of a b----' MORE (R-Ky.) worked quietly to round up more than 60 votes to end a filibuster of attorney general nominee Loretta Lynch, Republican senators say.
 
After holding up Lynch’s confirmation vote for weeks, McConnell worked to ensure she would overcome a filibuster with a strong bipartisan vote, pitting him against Tea Party firebrand Sen. Ted CruzRafael (Ted) Edward CruzBoehner: 'There's a lot of leaders in the Republican Party' Biden picks vocal Trump critics to lead immigration agencies Boehner: Trump 'stepped all over their loyalty' by lying to followers MORE (R-Texas) and other conservatives.

Some GOP senators say McConnell wanted to avoid a battle over the “nuclear option,” the controversial tactic then-Senate Majority Leader Harry ReidHarry Mason ReidWhite House races clock to beat GOP attacks Harry Reid reacts to Boehner book excerpt: 'We didn't mince words' The Memo: Biden seeks a secret weapon — GOP voters MORE (Nev.) employed in 2013 to reduce the threshold for ending a filibuster of most executive nominees from 60 votes to a simple majority.
 
One lawmaker said McConnell quietly talked to colleagues about voting to advance Lynch to a final up-or-down vote.
 
“He wanted to avoid the conundrum of having to decide whether to overturn the nuclear option,” the GOP senator said.
 
If the motion to end the filibuster passed with fewer than 60 votes, any senator could have challenged the ruling of the chair allowing debate to be cut short by a simple majority vote.
 
“It would have taken just one person to object to the ruling of the chair,” the lawmaker added. “It would have been very clumsy.”
 
“It’s a dicey thing,” said another Republican senator, who added that McConnell had good reason to avoid an open debate on Senate rules.
 
Twenty Republicans including McConnell and his top two deputies, Whip John CornynJohn CornynOn The Money: Biden seeks GOP support for infrastructure plan | Democrats debate tax hikes on wealthy | Biden, Congress target semiconductor shortage Hillicon Valley: Biden nominates former NSA deputy director to serve as cyber czar | Apple to send witness to Senate hearing after all | Biden pressed on semiconductor production amid shortage Lawmakers, industry call on Biden to fund semiconductor production amid shortage MORE (Texas) and Conference Chairman John ThuneJohn Randolph ThuneMcConnell sidesteps Trump calling him 'dumb son of a b----' Democrats face mounting hurdles to agenda The Hill's Morning Report - Presented by Tax March - Congress returns; infrastructure takes center stage MORE (S.D.), voted to advance Lynch.
 
The motion to end debate on her nomination passed 66-34 and she won confirmation 56-43.
 
A senior Republican aide, however, dismissed the theory that McConnell was worried about an impromptu floor fight.
 
“No one was going to object so it’s moot,” said the aide.
 
The aide asserted that Lynch had broad support regardless of any possible machinations over Senate procedure, noting her final tally was only a handful of votes short of 60.
 
Cornyn and Thune, however, voted no on final confirmation.
 
Another aide said McConnell was less worried about the prospect of an objection and an ensuing debate over the ruling of the chair than he was about publicly validating Reid’s decision to lower the threshold.
 
“He’s doing this because he does not want to give credence to the Reid position that you ought to be able to get these people confirmed with less than 60 votes,” the aide said.
 
Senate Republicans remain split over whether to reverse Reid’s action of November 2013 to lower the bar for ending filibusters of executive and judicial branch nominees. It did not affect Supreme Court nominees.
 
The move infuriated Republicans at the time because Democrats changed an important Senate precedent with a party-line vote. The tactic is known as the nuclear option because it’s considered extremely controversial in the traditionally clubby Senate.
 
Some Republicans such as Sens. John McCainJohn Sidney McCainSylvester Stallone reportedly joins Trump's Mar-a-Lago The Hill's 12:30 Report: Biden meets with bipartisan lawmakers for infrastructure negotiations Cindy McCain to be named Biden ambassador to UN program: report MORE (Ariz.) and Lindsey GrahamLindsey Olin GrahamMSNBC's Joy Reid pans Manchin, Sinema as the 'no progress caucus' Overnight Defense: Biden proposes 3B defense budget | Criticism comes in from left and right | Pentagon moves toward new screening for extremists Biden defense budget criticized by Republicans, progressives alike MORE (S.C.) want to restore the 60-vote threshold for advancing nominees to final up-or-down votes.
 
“I think 60 votes for cloture is good on multiple fronts. It shows recognition the president deserves an up-or-down vote on his nominees, in this case the attorney general,” Graham said Tuesday.
 
But others such as Judiciary Committee Chairman Chuck GrassleyChuck GrassleyNumber of migrants detained at southern border reaches 15-year high: reports Grassley, Cornyn push for Senate border hearing The Hill's Morning Report - GOP pounces on Biden's infrastructure plan MORE (Iowa) and Sen. Orrin HatchOrrin Grant HatchPress: Forget bipartisanship — it's dead! Privatization of foster care has been a disaster for children Remembering Ted Kennedy highlights decline of the Senate MORE (Utah) want to keep it at a simple majority.
 
“Most of the caucus has come to the conclusion that if we go back to 60 votes when we’re in the majority, when the Democrats get back in we’ll go back to 50,” Grassley said. “You shouldn’t have one rule for Republicans and one for Democrats.”
 
Sens. Lamar AlexanderLamar AlexanderSenate GOP faces retirement brain drain The Hill's Morning Report - Presented by the National Shooting Sports Foundation - CDC news on gatherings a step toward normality Blunt's retirement deals blow to McConnell inner circle MORE (R-Tenn.) and Mike LeeMichael (Mike) Shumway LeeHillicon Valley: Biden nominates former NSA deputy director to serve as cyber czar | Apple to send witness to Senate hearing after all | Biden pressed on semiconductor production amid shortage Apple to send witness to Senate hearing after pushback from Klobuchar, Lee Biden picks vocal Trump critics to lead immigration agencies MORE (R-Utah) introduced a resolution in February to codify the lower threshold for ending filibusters for all nominees.
 
It would have established a tradition of approving all presidential nominees by a simple majority vote but stalled in the face of opposition from fellow Republicans.    
  
“We’re in limbo-land here,” Graham said.
 
Some GOP senators say McConnell did not want to risk a messy floor fight, in case someone objected to moving Lynch to a final confirmation vote with less than 60 votes.
 
Cruz scolded his leadership Thursday for allowing her to advance, citing her refusal to state in testimony before Congress that American citizens deserve employment more than illegal immigrants.
 
“There are more than a few voters back home that are asking what exactly is the difference between a Democratic and Republican majority when the exact same individual gets confirmed as attorney general, promising the exact same lawlessness, what’s the difference?” he said.
 
A senior Senate aide noted that a senator could have objected to the precedent of ending filibusters with simple majorities regardless of how many votes Lynch received to advance to final consideration.
 
But such an objection could have more force if Lynch advanced with fewer than 60 votes
 
“It gives you a data point as to the reason why you raised your point of order,” the aide said.
 
Reid invoked the nuclear option during a non-debatable post-cloture period. Any would-be Republican objector would have had a parallel situation to protest Reid’s move.