From Deseret News archives:

Leavitt finally voted out of Senate committee Wednesday

Published: Wednesday, Oct. 15, 2003 2:35 p.m. MDT
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Lieberman voted against Leavitt, saying he worries he will not be independent enough from what he says is an anti-environment White House. Clinton praised Leavitt personally, but said she is still upset the White House had not better explained why it said dust after the 9/11 attacks in New York was safe when EPA data did not back that.

Holds have also been placed by presidential candidates Sens. John Edwards, D-N.C., and John Kerry, D-Mass. Edwards wants studies about the effects of Bush changes to the Clean Air Act, and Kerry wants guarantees for cleanup of a toxic-waste site in his state.

While most such holds could in theory be resolved, Lautenberg's new hold comes because he says Leavitt is simply a bad nominee who should be blocked, which leaves little room for negotiation or deal-making.

Lautenberg, who is not a member of the committee, issued a release calling Leavitt's record abysmal, and said that Leavitt "believes environmental laws can be ignored with impunity by industries that pollute and poison the environment."

Meanwhile, most committee Democrats, even while attacking Bush, did praise Leavitt's own record and skills. For example, Sens. Bob Graham, D-Fla., and Thomas Carper, D-Del., who are both former governors, said their experience in working with Leavitt shows him to be bipartisan and a consensus builder.

Meanwhile, Republicans howled that Democrats were holding Leavitt hostage only to seek political points in the presidential election.

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"This nomination has become a proxy fight over the Bush administration's environmental record," Inhofe said. "It's wrong that the presidential ambitions of a few senators could sacrifice a nominee with a proven record of environmental accomplishments."

Sen. John Cornyn, R-Texas, said, "Governor Leavitt and the able men and women at the EPA that he will soon lead deserve better than this political blackmail."

Filibusters against nominees — which senators with "holds" threaten against Leavitt — can be stopped with a three-fifths vote. However, Republicans control only 51 of the Senate's 100 votes, and they need 60 to stop filibusters.

If Bush chooses instead to wait for a recess in Congress to make Leavitt a "recess appointee," Leavitt could serve for a year without confirmation, which would take him to near the end of Bush's current term. Because of Democratic hurdles, several Republicans see that as a growing possibility, maybe occurring next month.

However, the Senate usually frowns upon such action as evading its right to consent, which could make permanent confirmation for Leavitt difficult to impossible if Bush wins a second term.

Leavitt said Wednesday that he has had no discussions with the White House about a recess appointment. "I don't have any precise expectation about what will happen" in the full Senate, he said. "I am committed to the idea that if the Senate confirms me, I will serve in Washington. Until then, I will continue to serve here as governor."

He said he is looking at another trip to Washington to meet with critics to try to calm concerns. He also thanked the committee for its vote. "It is gratifying that it had strong and bipartisan support," he said.


E-MAIL: lee@desnews.com

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