Sen. J.D. Vance (R-Ohio) announced during former president Donald Trump’s arraignment in federal court on Tuesday that he will use what are known as “procedural holds” to stop the confirmation of Justice Department nominees. “We have to grind this department to a halt until Merrick Garland promises to … stop going after his political opponents,” he said in a video posted to Twitter. To decry what he wrongly claims is the politicization of law enforcement, Mr. Vance is, well, politicizing law enforcement.
Mr. Vance is not the only senator taking hostages. Sen. Tommy Tuberville (R-Ala.) is blocking more than 200 military promotions, typically approved by unanimous consent, in a gambit to stop the Pentagon from reimbursing service members who need to travel out of state for abortions. Sen. Bernie Sanders (I-Vt.), chairman of the Health, Education, Labor and Pensions Committee, said Monday that he’ll block President Biden’s pick to lead the National Institutes of Health, as well as any other health nominee, until the White House releases a comprehensive plan to cut prescription drug prices. Sen. Joe Manchin III (D-W.Va.), chairman of the Energy and Natural Resources Committee, announced blanket opposition last month to every nominee for the Environmental Protection Agency until the Biden administration rescinds proposed power plant regulations.
In taking an unprincipled stand on behalf of a criminal defendant, Mr. Vance appears to be acknowledging that a political debt has come due. He owes his Senate election to Mr. Trump’s endorsement last year.
His goal, he claims, is to “limit the number of people that [Attorney General] Merrick Garland has access to.” In practice, Mr. Vance’s announcement means Rosie Hidalgo will not get confirmed anytime soon to be director of the DOJ’s Office on Violence Against Women. The Senate Judiciary Committee already advanced her nomination, and she’s awaiting a floor vote. Mr. Vance says he will not put holds on nominees to the U.S. Marshals Service, but his procedural ploy also jeopardizes the confirmations of U.S. attorney nominees for Mississippi and the Southern District of California.
Most relevant for Mr. Vance’s constituents, his announcement means Cleveland is unlikely to get a U.S. attorney anytime soon. Last week, Mr. Biden nominated veteran prosecutor Becky Lutzko to oversee the Northern District of Ohio, which is responsible for combating federal crime in 40 Ohio counties that are home to nearly 6 million residents. The office has already suffered the longest stretch without a Senate-confirmed leader in its 166-year history. Ms. Lutzko has worked as a career prosecutor since 2005 and oversees the office’s appellate division. Depriving the staff of permanent leadership disadvantages the community and undermines public safety while having no impact on the probe into the former president.
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Holds cannot ultimately stop confirmations, but breaking through them requires significant and valuable Senate floor time — typically two or three days per nomination — that is better used, for instance, to confirm judges to lifetime appointments. While we might like to see Majority Leader Charles E. Schumer (D-N.Y.) keep the Senate in session seven days a week and cancel summer recess to force the hands of obstinate members and push through the president’s nominees, that’s not realistic.
Senators in both parties need to respect a president’s right to make appointments. It’s unconscionable to treat the people charged with keeping us safe, whether career prosecutors or generals, as pawns in partisan fights. These senators should drop their holds.
Mr. Vance is not the only senator taking hostages. Sen. Tommy Tuberville (R-Ala.) is blocking more than 200 military promotions, typically approved by unanimous consent, in a gambit to stop the Pentagon from reimbursing service members who need to travel out of state for abortions. Sen. Bernie Sanders (I-Vt.), chairman of the Health, Education, Labor and Pensions Committee, said Monday that he’ll block President Biden’s pick to lead the National Institutes of Health, as well as any other health nominee, until the White House releases a comprehensive plan to cut prescription drug prices. Sen. Joe Manchin III (D-W.Va.), chairman of the Energy and Natural Resources Committee, announced blanket opposition last month to every nominee for the Environmental Protection Agency until the Biden administration rescinds proposed power plant regulations.
In taking an unprincipled stand on behalf of a criminal defendant, Mr. Vance appears to be acknowledging that a political debt has come due. He owes his Senate election to Mr. Trump’s endorsement last year.
His goal, he claims, is to “limit the number of people that [Attorney General] Merrick Garland has access to.” In practice, Mr. Vance’s announcement means Rosie Hidalgo will not get confirmed anytime soon to be director of the DOJ’s Office on Violence Against Women. The Senate Judiciary Committee already advanced her nomination, and she’s awaiting a floor vote. Mr. Vance says he will not put holds on nominees to the U.S. Marshals Service, but his procedural ploy also jeopardizes the confirmations of U.S. attorney nominees for Mississippi and the Southern District of California.
Most relevant for Mr. Vance’s constituents, his announcement means Cleveland is unlikely to get a U.S. attorney anytime soon. Last week, Mr. Biden nominated veteran prosecutor Becky Lutzko to oversee the Northern District of Ohio, which is responsible for combating federal crime in 40 Ohio counties that are home to nearly 6 million residents. The office has already suffered the longest stretch without a Senate-confirmed leader in its 166-year history. Ms. Lutzko has worked as a career prosecutor since 2005 and oversees the office’s appellate division. Depriving the staff of permanent leadership disadvantages the community and undermines public safety while having no impact on the probe into the former president.
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Mr. Garland has gone out of his way to stay above the political fray and to restore the independence of his department. He appointed Jack Smith as special counsel so he could keep the case at arm’s length. Mr. Smith charged Mr. Trump with 37 serious crimes, including violations of the Espionage Act and conspiracy to obstruct justice. William P. Barr, who served as Mr. Trump’s attorney general, called the indictment “very damning” and said Sunday on Fox News: “If even half of it is true, then he’s toast.”Holds cannot ultimately stop confirmations, but breaking through them requires significant and valuable Senate floor time — typically two or three days per nomination — that is better used, for instance, to confirm judges to lifetime appointments. While we might like to see Majority Leader Charles E. Schumer (D-N.Y.) keep the Senate in session seven days a week and cancel summer recess to force the hands of obstinate members and push through the president’s nominees, that’s not realistic.
Senators in both parties need to respect a president’s right to make appointments. It’s unconscionable to treat the people charged with keeping us safe, whether career prosecutors or generals, as pawns in partisan fights. These senators should drop their holds.
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