Democrats Prepare for Estrada Filibuster
AP story by Jesse J. Holland.

The White House on Wednesday refused to release internal Justice Department (news - web sites) memos written by one of President Bush (news - web sites)'s nominees to an important appeals court, setting up a partisan showdown over Miguel Estrada.

Democrats say they will use a filibuster to keep Estrada from being confirmed for the U.S. Court of Appeals for the District of Columbia Circuit until the Washington lawyer answers more of their questions. They also want internal Justice memos Estrada wrote while working for the solicitor general's office. Democrats say those writings would reveal how Estrada would think as a judge...

Democrats said the refusal means the Estrada debate will drag on. "I regret that the White House remains recalcitrant and continues to stand in the way of a solution to this impasse," said Sen. Patrick Leahy (news, bio, voting record) of Vermont, the top Democrat on the Judiciary Committee (news - web sites).

Bush said the Democratic plan to block his nominee, who would be the first Hispanic judge on the appeals courts, was "shameful politics." Senate GOP leader Bill Frist warned Democrats that he might force them to stay in the Senate chamber at night and on weekends until he gets a final vote on Estrada.

"I think it is important for America to understand that your side of the aisle is — whether or not you use the word filibuster or not — is obstructing or stalling a process that is important to our judicial system," said Frist, R-Tenn.

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White House - AP
Democrats Prepare for Estrada Filibuster
Wed Feb 12, 9:45 PM ET
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By JESSE J. HOLLAND, Associated Press Writer

WASHINGTON - The White House on Wednesday refused to release internal Justice Department (news - web sites) memos written by one of President Bush (news - web sites)'s nominees to an important appeals court, setting up a partisan showdown over Miguel Estrada.

Democrats say they will use a filibuster to keep Estrada from being confirmed for the U.S. Court of Appeals for the District of Columbia Circuit until the Washington lawyer answers more of their questions. They also want internal Justice memos Estrada wrote while working for the solicitor general's office. Democrats say those writings would reveal how Estrada would think as a judge.

But White House counsel Alberto Gonzales, in a letter Wednesday, told senators that the administration would not release the documents and that Justice normally does not release such documents. All of the living former solicitors general, four Democrats and three Republicans, have agreed with the White House's position, he said. "That is a fundamental principle that has been followed irrespective of the party that controls the White House and the Senate," Gonzales said.

Democrats said the refusal means the Estrada debate will drag on. "I regret that the White House remains recalcitrant and continues to stand in the way of a solution to this impasse," said Sen. Patrick Leahy (news, bio, voting record) of Vermont, the top Democrat on the Judiciary Committee (news - web sites).

Bush said the Democratic plan to block his nominee, who would be the first Hispanic judge on the appeals courts, was "shameful politics." Senate GOP leader Bill Frist warned Democrats that he might force them to stay in the Senate chamber at night and on weekends until he gets a final vote on Estrada.

"I think it is important for America to understand that your side of the aisle is — whether or not you use the word filibuster or not — is obstructing or stalling a process that is important to our judicial system," said Frist, R-Tenn.

Democrats are looking for material they can use against Estrada, since he didn't provide them with anything controversial during his confirmation hearing last year, said Senate Judiciary Chairman Orrin Hatch, R-Utah. "They couldn't dig up any dirt on him," Hatch said. "So what are they doing now? Trying to see through a fishing expedition if they can find some documents where they can."

Democrats have not yet tried a traditional filibuster on Estrada, although they say they will if necessary. That means lawmakers take over the Senate floor and refuse to allow the Senate to go home or move to other business until they get their way.

That type of filibuster is rare today, Senate historian Don Ritchie said. "The old image of 'Mr. Smith Goes To Washington,' and one senator holding the Senate for hours and hours doesn't happen anymore," Ritchie said.

Democrats say they have enough votes to sustain that type of filibuster against Estrada, who they contend lacks judicial experience. Democrats also complained about his refusal to answer questions about specific cases, including abortion rights, and to provide copies of the memos.

"It's simply not right for anyone to be asked to make a decision in the dark," said Senate Democratic leader Tom Daschle of South Dakota.

Since Estrada's nomination in May 2001, Republicans have accused Democrats of treating him unfairly because he is a conservative Hispanic. The GOP has the 51 votes needed to confirm him but not the votes to stop a filibuster.

Democrats "can vote against him. That is their right. And if that is what they want to do, that is the proper exercise of their constitutional duty," Hatch said.

"But to simply deny the Senate a vote is unfair to the nominee, it's unfair to this body, it's unfair to the president, it's unfair to the majority of senators who want to vote for this man."

Daschle said if they do not force Estrada to answer their questions, other Bush nominees will stonewall them. "If we don't draw the line here, we will never be able to draw this line," Daschle said.

Senate parliamentary rules allow a filibuster to be maintained with just 41 votes. Democratic aides say Democrats have 44 of their 48 senators agreeing to keep a filibuster going, with Sens. John Breaux of Louisiana, Zell Miller of Georgia and Ben Nelson of Nebraska against a filibuster and Sen. Blanche Lincoln (news, bio, voting record) of Arkansas on the fence.

The longest traditional Senate filibuster in history belongs to recently retired Sen. Strom Thurmond (news, bio, voting record) of South Carolina, who spoke for 24 hours and 18 minutes in opposition to civil rights legislation in 1957. Thurmond failed, and the bill eventually passed the Senate.