Trump Negotiates with Harris and Feinstein on Judge Picks

 

Since when do Senators get to choose Donald Trump’s nominees for the positions of federal judges? Since now.

In an article on Powerline which references an editorial piece in the Wall Street Journal , Trump has withdrawn three names from his original list of 50 judicial nominees. Imagine the outrage of Kamala Harris and Dianne Feinstein: all of the judges are considered to be conservative. The irony is that these potential judges and their records would otherwise be admired by people from the Left and Right. Patrick Bumatay is an assistant U.S. Attorney who specializes in drug enforcement; he is also a 40-year old gay Filipino American. Daniel Collins has a private law practice, was an associate deputy attorney general and worked on issues like child exploitation. And Kenneth Lee, also in private practice, was an associate counsel to George W. Bush and has a pro bono practice for the poor and incarcerated.

These are the men that Harris and Feinstein have rejected.

But both Senators offered an alternative for selecting nominees for the three open positions:

The Democrats want to pick one name from the White House list, one from their own and a third consensus nominee.

Both articles suggest reasons that President Trump might have agreed to this request. None of the reasons make any sense to me. They appear to be based on a hope and a prayer that the Democrats will be more cooperative toward future judges.

Consulting Senators in the past was done as a courtesy—you know, when Senators were willing to be more cooperative.

This decision bodes a bad future for our judiciary. Do you see something I might be missing that makes this a good strategy?

 

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  1. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    Gary Robbins (View Comment):

    Stad (View Comment):

    All I have to say is, “Thanks for nothing, you Trump-hating never-Trumpers. If you’ve ticked him off enough to make him take these looney-left clowns seriously, then may all your court cases be tried before a Feinstein-Harris judge.

    Naaawwwww . . . Trump doesn’t like losing, so this must be part of a plan. We’ll see with the next few nominees . . .

    Oh come on. As a NeverTrumper/Severe Trump Skeptic, I am all for Trump ignoring Blue Slips and nominating whoever he wishes. Please don’t blame me for Trump’s behavior.

    Yes AND. It is Graham who must decline to honor the blue slips and stop letting good nominations languish. AND it is McConnell and the whole Senate Republican caucus who must end or modify their 30 hour debate rule. AND it is President Trump who must put steel in their spines by insisting on fulfilling long term promises, especially now that the Republicans can only prove themselves faithful to voters by actions entirely in the power of the Senate.

    • #31
  2. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Clifford A. Brown (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    All I have to say is, “Thanks for nothing, you Trump-hating never-Trumpers. If you’ve ticked him off enough to make him take these looney-left clowns seriously, then may all your court cases be tried before a Feinstein-Harris judge.

    Naaawwwww . . . Trump doesn’t like losing, so this must be part of a plan. We’ll see with the next few nominees . . .

    Oh come on. As a NeverTrumper/Severe Trump Skeptic, I am all for Trump ignoring Blue Slips and nominating whoever he wishes. Please don’t blame me for Trump’s behavior.

    Yes AND. It is Graham who must decline to honor the blue slips and stop letting good nominations languish. AND it is McConnell and the whole Senate Republican caucus who must end or modify their 30 hour debate rule. AND it is President Trump who must put steel in their spines by insisting on fulfilling long term promises, especially now that the Republicans can only prove themselves faithful to voters by actions entirely in the power of the Senate.

    I am in complete agreement with you Clifford.  

    Either reduce the 30 hour rule or run the Senate on weekends.

    • #32
  3. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    Gary Robbins (View Comment):

    I am in complete agreement with you Clifford.

    Either reduce the 30 hour rule or run the Senate on weekends.

    How about working more than three days a week, too!

    • #33
  4. Flicker Coolidge
    Flicker
    @Flicker

    This can’t be true.  No way.  If this is true then Trump is messed up. I didn’t feel the US was a lost cause until this.  Maybe Ann Coulter can explain things to him.

    • #34
  5. Flicker Coolidge
    Flicker
    @Flicker

    Miffed White Male (View Comment):

    Susan Quinn (View Comment):

    The WSJ article guessed that he might be looking ahead at Ruth Bader Ginsburg’s seat, hoping they won’t give a nominee as hard a time as Kavanaugh. Right.

    I want proof of life from RBG. She hasn’t been seen in weeks.

    It’s possible this is all a Dem run-up to the next SCOTUS nomination.

    • #35
  6. Flicker Coolidge
    Flicker
    @Flicker

    Rodin (View Comment):

    If Trump defers in any way to Feinstein and Harris after the Kavanaugh show trial, it can only be in the hopes of trading making the 9th Circuit only incrementally more conservative for locking in a conservative oriented Supreme Court. Not that F & H won’t renege on whatever might be agreed to, but the reality is that Trump has little chance of making much difference in the 9th Circuit while putting another conservative on the Supreme Court would be “yuuuuuuge”. It is important to not let the Roberts (Kennedy) swing vote have much sway.

    Of course they’ll renege.  My thinking is that if this is how he’s going to act — the score is now: no wall, no shutdown, and now liberal judges — let him be impeached quickly and replaced with Gary Nance Mike Pence.

    • #36
  7. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    Susan Quinn (View Comment):

    Gary Robbins (View Comment):

    I am in complete agreement with you Clifford.

    Either reduce the 30 hour rule or run the Senate on weekends.

    How about working more than three days a week, too!

    Yes, I understood the “weekend” phrase was meant as shorthand for more than the Tuesday — Thursday floor activity schedule.

    • #37
  8. Flicker Coolidge
    Flicker
    @Flicker

    Misthiocracy secretly (View Comment):

    Susan Quinn (View Comment):

    Percival (View Comment):
    So, Trump is doing what he’s supposed to do in consulting Feinstein and Harris.

    Okay. Consulting is one thing. Caving is quite another. I suspect we agree.

    It’s not a cave until the nominee actually has the job. Up until then, it’s still a consultation.

    Technically, even after the Senate votes to confirm a nominee the president still doesn’t have to give the person the job.

    So it’s not a cave per se, but a simple sewer.

    • #38
  9. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    There is a lot I don’t like about Trump, but this would be a great time for Trump to allow his inner-Trump come out, and to push through those nominations.

    Damn the torpedoes!  Full speed ahead!

    • #39
  10. Clifford A. Brown Member
    Clifford A. Brown
    @CliffordBrown

    Gary Robbins (View Comment):

    There is a lot I don’t like about Trump, but this would be a great time for Trump to allow his inner-Trump come out, and to push through those nominations.

    Damn the torpedoes! Full speed ahead!

    Yes, lay down the marker at the State of the Union.

    • #40
  11. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    If any of the three nominees wishes to withdraw, might I suggest the nomination of Ricochet’s Law Talk’s John Yoo?

    Heads would explode!

    • #41
  12. Flicker Coolidge
    Flicker
    @Flicker

    Doug Watt (View Comment):

    Bring back Amy Coney Barrett. Let the Dems rend their garments, scream, and wail. I’ll be busy celebrating, in fact I’ll be busier celebrating than an AK-47 at a Saudi wedding reception

    And no one got shot.  Pretty good.

    • #42
  13. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Clifford A. Brown (View Comment):

    Gary Robbins (View Comment):

    There is a lot I don’t like about Trump, but this would be a great time for Trump to allow his inner-Trump come out, and to push through those nominations.

    Damn the torpedoes! Full speed ahead!

    Yes, lay down the marker at the State of the Union.

    YES!

    • #43
  14. Thejokewasonme Member
    Thejokewasonme
    @

    Susan Quinn (View Comment):

    Gary Robbins (View Comment):

    I am in complete agreement with you Clifford.

    Either reduce the 30 hour rule or run the Senate on weekends.

    How about working more than three days a week, too!

    Since none of the Senators have to stand for re-election this year, this would not be asking too much, not at all.

    • #44
  15. Flicker Coolidge
    Flicker
    @Flicker

    Clifford A. Brown (View Comment):
    President Trump needs to throw the red challenge flag on this, which would set more goodness in motion as we would see the Republican Senate deliver on all the promises it is within their power to fulfill.

    Yes!  Let him get impeached.  Let his fate be decided by the Senate.  Then we know who our friends are.  If he’s expelled Pence will finish and he too will know who his enemies are.

    • #45
  16. Rodin Member
    Rodin
    @Rodin

    @susanquinn, Powerline has updated the story and apparently M&F are not getting what they want.

     

    • #46
  17. tigerlily Member
    tigerlily
    @tigerlily

    Rodin (View Comment):

    @susanquinn, Powerline has updated the story and apparently M&F are not getting what they want.

     

    That’s more like it!

    • #47
  18. Sisyphus Member
    Sisyphus
    @Sisyphus

    Clifford A. Brown (View Comment):
    …the short legislative work week continue unassailed…

    I count this among the blessings. Even 10% greater “productivity” could end the republic. No ones property is safe so long as Congress is sitting.

    • #48
  19. Sisyphus Member
    Sisyphus
    @Sisyphus

    Susan Quinn (View Comment):
    How about working more than three days a week, too!

    Susan! You too???

    The end is nigh!!!

    • #49
  20. Thejokewasonme Member
    Thejokewasonme
    @

    Sisyphus (View Comment):

    Clifford A. Brown (View Comment):
    …the short legislative work week continue unassailed…

    I count this among the blessings. Even 10% greater “productivity” could end the republic. No ones property is safe so long as Congress is sitting.

    Fumbled this, I did.  Appears to be no way to un-flag an erroneous flagging.  With apology.

    • #50
  21. She Member
    She
    @She

    Thejokewasonme (View Comment):

    Sisyphus (View Comment):

    Clifford A. Brown (View Comment):
    …the short legislative work week continue unassailed…

    I count this among the blessings. Even 10% greater “productivity” could end the republic. No ones property is safe so long as Congress is sitting.

    Fumbled this, I did. Appears to be no way to un-flag an erroneous flagging. With apology.

    It’s OK. This happens occasionally.  The “flag” and “like” buttons are (IMHO) a bit close together, especially on a smaller screen. I saw the flag. Thought “Huh. Wonder if tjwom meant “Like.””  Checked the comment. Saw you did “like” the comment. No harm, no foul.  We generally do not shoot first and ask questions later, as many members who think it takes us far too long to respond to issues will tell you. Of course, just as many members will tell you that we act without thinking and move much too quickly on things. Never a dull moment. You are correct, though, a flag can’t be unflagged. If you’re in doubt about something in the future, a quick email to mods@ricochet.com, will alert us  and we’ll help sort it out.

    • #51
  22. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    Rodin (View Comment):

    @susanquinn, Powerline has updated the story and apparently M&F are not getting what they want.

     

    Thanks, Rodin. It’s unclear what ended up happening and why, but it looks like Trump stayed with two of his nominees and added a third with a good conservative reputation. Here’s a quote from Powerline:

    What happened here? I’m not sure. My guess is that Feinstein and Harris realized all along that the White House wouldn’t go for a mixed slate of Ninth Circuit judges, with some selected by the two libs. Their more realistic goal, I believe, was to derail Bumatay.

    Why? Because down the road, Bumatay might have been a candidate for the Supreme Court. And the last thing the left wants is a conservative, originalist Supreme Court nominee who is both gay and Asian.

    It appears that Bumatay could still be on that path down the road, since he’s nominated for another circuit court. I wish Trump had said no, period, but it’s lots better than it could have been. Be prepared for more shenanigans from the Left.

    • #52
  23. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    I also want to add that the WSJ claimed that Trump had removed those three names from the list. So that wasn’t fake news–at least I don’t think it was. I’m just glad he reversed that decision.

    As some of you mentioned, they are still working on ways to speed up the approval process. I wish they’d stop talking about it–it’s two years, for pete’s sake–and make the changes. Yes, I know the Dems will use it against us when they are back in power in the Senate. I don’t care.                       

    • #53
  24. Stad Coolidge
    Stad
    @Stad

    Gary Robbins (View Comment):

    Stad (View Comment):

    All I have to say is, “Thanks for nothing, you Trump-hating never-Trumpers. If you’ve ticked him off enough to make him take these looney-left clowns seriously, then may all your court cases be tried before a Feinstein-Harris judge.

    Naaawwwww . . . Trump doesn’t like losing, so this must be part of a plan. We’ll see with the next few nominees . . .

    Oh come on. As a NeverTrumper/Severe Trump Skeptic, I am all for Trump ignoring Blue Slips and nominating whoever he wishes. Please don’t blame me for Trump’s behavior.

    I wasn’t naming you personally, I was referring to the aggregate number of never-Trumpers out there . . .

    • #54
  25. Seawriter Contributor
    Seawriter
    @Seawriter

    Rodin (View Comment):

    @susanquinn, Powerline has updated the story and apparently M&F are not getting what they want.

     

    As I pretty much expected.

    Look, this is the classic art of negotiation, especially with Democrats.

    1. Offer them what they want in exchange for something, even if that something is trivial.
    2. Listen to them tell you to pound sand, and give them everything they want with you getting nothing.
    3. Go to those on your side in charge of serving as gatekeepers (in this case whether or not to honor blue slips). Tell them you tried to negotiate.
    4. Do what you were going to do originally, using the Democrat lack of cooperation as justification.

    Oh yes – 5. Listen to the press say to caved to all the protests against (1) by your supporters.

     

    • #55
  26. George Townsend Inactive
    George Townsend
    @GeorgeTownsend

    Susan Quinn (View Comment):
    Consulting Senators in the past was done as a courtesy—you know, when Senators were willing to be more cooperative.

    As I understand it, when Senator Grassley was in charge of the Judiciary Committee in the Senate, he eventually stopped the  Blue Slip. I am not a hundred percent certain, but I have followed this on the Hugh Hewitt Show, and that was my understanding. Now that Lindsay Graham is in charge, I do not know the future of the Blue Slip.

    • #56
  27. Skyler Coolidge
    Skyler
    @Skyler

    I read about this yesterday someplace else, and they noted that two of the three have already been re-nominated.  Bumatay has not, but the writer speculated that he’s holding him for a lower court, to be hopefully groomed for further advancement later.  That article (I wish I could remember where I saw it, Instapundit?) was much more rosy than Susan Quinn portrays.

    • #57
  28. Gary Robbins Member
    Gary Robbins
    @GaryRobbins

    Stad (View Comment):

    Gary Robbins (View Comment):

    Stad (View Comment):

    All I have to say is, “Thanks for nothing, you Trump-hating never-Trumpers. If you’ve ticked him off enough to make him take these looney-left clowns seriously, then may all your court cases be tried before a Feinstein-Harris judge.

    Naaawwwww . . . Trump doesn’t like losing, so this must be part of a plan. We’ll see with the next few nominees . . .

    Oh come on. As a NeverTrumper/Severe Trump Skeptic, I am all for Trump ignoring Blue Slips and nominating whoever he wishes. Please don’t blame me for Trump’s behavior.

    I wasn’t naming you personally, I was referring to the aggregate number of never-Trumpers out there . . .

    Actually, many of the NeverTrumpers I have spoken to have said that a silver lining to Trump is his appointment of great judges, supported by Cocaine Mitch, and Chuck Grassley and hopefully Lindsey Graham.  I don’t know any NeverTrumpers who differ with Trump on Judges.  We are with him on Judges.

    Good job President Trump on Judges.

    • #58
  29. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    Seawriter (View Comment):
    Do what you were going to do originally, using the Democrat lack of cooperation as justification.

    Slight revision–he did technically drop one nominee and put him somewhere else. I guess I’m just not devious enough to see through their machinations–not that you’re devious, @seawriter (she says as she slinks away . . . )

    • #59
  30. Susan Quinn Contributor
    Susan Quinn
    @SusanQuinn

    Skyler (View Comment):

    I read about this yesterday someplace else, and they noted that two of the three have already been re-nominated. Bumatay has not, but the writer speculated that he’s holding him for a lower court, to be hopefully groomed for further advancement later. That article (I wish I could remember where I saw it, Instapundit?) was much more rosy than Susan Quinn portrays.

    It was an update article on Powerline, which originally made it sound pretty bad.

    • #60
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