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About that deal [1]
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Date: 2022-07-03
He wanted to be the decider.
President Biden made what is at best a very controversial deal with Mitch McConnell.
Under the arrangement, Meredith would take the seat currently occupied by Judge Karen Kaye Caldwell, a George W. Bush nominee. Caldwell submitted her move to senior status on June 22, which, once complete, will allow Meredith to take the seat. A lawyer with connections to the Kentucky governor’s office who is familiar with the agreement told Slate that Caldwell conditioned her move upon the confirmation a successor—specifically, the conservative Meredith. In exchange, McConnell will allow Biden to nominate and confirm two U.S. Attorneys to Kentucky. Presidents routinely strike deals to nominate a package of judges to district courts that includes individuals put forth by each party
1. Judge Caldwell would not leave her position until Meredith was confirmed.
2. Judge Caldwell was nominated by President George W Bush
3. Judge Caldwell was born in 1956.
4. The district concerned is the Eastern District of the state of Kentucky, the state that Mitch McConnell represents.
5. As a result of the deal, McConnell would allow two US Attorneys to be nominated for Kentucky.
6. This is not an unusual deal.
7. President Biden has a strong record on judicial appointments.
That said, Biden’s 42 first-year appointees outnumber all but President Kennedy’s. Biden: submitted a substantial number of nominees early in the year;
nominated heavily to courts with no opposition party senators; and
saw his nominees receive unified Democratic support (and heavy Republican opposition) in Senate floor votes. Later posts will discuss the impact of Biden’s first term appointments and prospects in 2022 (and beyond). Biden’s first twelve months of appointments outpaced all predecessors in the four decades since the process has become more contentious. He had one more than President Reagan (although Reagan also got a Supreme Court appointment). Kennedy had 56, thanks in part to a big legislative infusion of new judgeships.
And
Biden used early and tactical nominations and had (and needed) a united, filibuster-free Senate majority. His appointees filled proportionately more judgeships than most recent presidents and showed striking demographic and vocational diversity.
At this time, there are not 50 senators in the US Senate who caucus with the Democratic Party who are available for voting.
In other judiciary news, Senate Judiciary Committee member Senator Patrick Leahy needed hip surgery after suffering a fall in his home. Senator Leahy is expected to make a full recovery, but as of this writing it is unclear how long he will be absent from the Senate, meaning that there are not 50 Democrats available for voting.
What led to this deal?
According to Slate’s source in Kentucky, McConnell agreed, in exchange, to stop blocking Democrats’ preferred nominees for U.S. Attorney in the state. McConnell has sought to place his own allies in these positions—including prosecutor Thomas B. Wine, who as the Jefferson County Commonwealth’s Attorney refused to charge the police officers who killed Breonna Taylor.
What does a US attorney do?
The Role of the United States Attorney United States Attorneys serve as the nation’s principal litigators under the direction of the Attorney General of the United States of America. United States Attorneys are appointed by the President of the United States, with the advice and consent of the United States Senate, and serve at the direction of the Attorney General. There are a total of 93 United States Attorneys appointed throughout the United States and its territories, each responsible for a specific judicial district...the chief federal law enforcement officer of the United States within this district. The United States Attorney is responsible for coordinating multi-agency investigations which involve federal, state and local law enforcement agencies. The United States Attorney is responsible for a wide variety of prosecutions consistent with the priorities set by the Attorney General of the United States and exercises wide discretion in the use of her resources to meet the needs of the communities in the Western District of Texas. Assistant U.S. Attorneys working at the direction of the United States Attorney prosecute criminal cases brought by the United States against individuals and organizations who violate criminal laws enacted by the United States Congress.
There is no reason to not believe that Judge Caldwell would have stayed in the post for another two decades. Judge Caldwell, a judge nominated by President George W Bush, would be replaced by another conservative, forced birther. That wouldn’t change the ideology of the judge in the position. With the extremely narrow nature of the majority that the Democratic Party holds in the US Senate, it would be extremely difficult or even impossible to get strong choices confirmed to serve as US attorneys in the state which McConnell represents. We would be adding a US attorney for Kentucky while not changing the ideology of a judge for the Eastern District of Kentucky. Both parts of the deal would be happening at the same time; thus, the concern that McConnell would not keep his part of the deal is misplaced. The reason this came out is because Kentucky democrats were angry that they didn’t get to make this decision. They figured that few democrats would look beyond the surface and they could hurt President Biden. Of course, this deal has not gone through.
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