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Claire McCaskill

Claire McCaskill

Posted: April 28, 2010 07:35 PM

The Best Disinfectant: Putting an End to Secret Holds

What's Your Reaction:

Since I arrived in Washington, I've been repeatedly astonished by the way business is sometimes done around here. A great example of this is the so-called secret hold. Along with my colleagues Mark Warner and Sheldon Whitehouse, I have been working to end the process of secret holds, which is when senators anonymously block legislation or nominations without explanation. We are sending a letter to both parties' leadership, currently signed by 42 senators, pledging not to anonymously block legislation or nominations and asking for an end to secret holds.

We work for the public and I believe that if a senator wants to block a piece of legislation or a nominee, they owe the public an explanation. Measures I helped pass as part of sweeping ethics reform legislation in 2007 were designed to clean up Washington and force members to be transparent about their objections, but my colleagues have continued to circumvent the rules for the past three years. Senators Ron Wyden and Chuck Grassley have recently introduced a bill to require senators to be open about their holds within 48 hours. While this is better than what we have now, I believe we should eliminate the process of secret holds all together.

As of last week, nearly 80 non-controversial nominees were being blocked anonymously and without explanation. Let me be clear about what I mean by non-controversial: that means that each nominee received the unanimous support of all the Senators on the committee responsible for reviewing the nomination - not one vote against; not even one public statement against. Senator Whitehouse and I went to the Senate floor last week and attempted to call up these nominees for consideration, but Republicans objected repeatedly. Someone, it seems, secretly has a problem with these nominations but they don't want to be open and transparent about it.

The letter remains open for additional signatures and I encourage all my colleagues, both Democrat and Republican, to sign.

Text of Letter

Dear Leader Reid and Leader McConnell,


We the undersigned Senators hereby pledge that we will not place secret holds on legislation or nominations.

We further call upon you to bring an end to the practice of permitting secret "holds" on legislation and nominations for those Senators who are unprepared to make the same pledge. While we deeply respect and appreciate the importance of tradition in this institution, we believe the practice of the secret hold has no rightful place in the Senate or in an open and transparent democracy. When a member of the Senate wishes to hold legislation or a nomination, that Senator owes to this body and, more importantly, to the American public a full explanation. The Senate endorsed this principle in Section 512 of S.1, passed by a vote of 96-2 on January 18, 2007.

As you know, S.1 has failed in practice to end the use of secret holds. We, therefore, urge you to promptly consider further changes to the Senate rules in order to bring a clear and definitive end to secret holds on legislation or a nomination. We stand ready to work with you on such a rule change, as long advocated for by Senators Wyden and Grassley, the leaders of a decade-long effort to eliminate secret holds in the Senate. We applaud their work and believe it must now be pursued to its conclusion.

Again, in making this request, we pledge that we will not place secret holds on legislation or a nomination.

Sincerely,

Senator Claire McCaskill (D-MO)

Senator Sheldon Whitehouse (D-RI)

Senator Mark Warner (D-VA)

Senator Ben Cardin (D-MD)

Senator Bernie Sanders (I-VT)

Senator Sherrod Brown (D-OH)

Senator Bob Casey (D-PA)

Senator Jim Webb (D-VA)

Senator Amy Klobuchar (D-MN)

Senator Jon Tester (D-MT)

Senator Mark Udall (D-CO)

Senator Tom Udall (D-NM)

Senator Jeanne Shaheen (D-NH)

Senator Kay Hagan (D-NC)

Senator Jeff Merkley (D-OR)

Senator Mark Begich (D-AK)

Senator Roland Burris (D-IL)

Senator Ted Kaufman (D-DE)

Senator Michael Bennet (D-CO)

Senator Kirsten Gillibrand (D-NY)

Senator Al Franken (D-MN)

Senator Ron Wyden (D-OR)

Senator Debbie Stabenow (D-MI)

Senator Daniel Akaka (D-HI)

Senator Barbara Boxer (D-CA)

Senator Maria Cantwell (D-WA)

Senator Tom Carper (D-DE)

Senator Christopher Dodd (D-CT)

Senator Byron Dorgan (D-ND)

Senator Dick Durbin (D-IL)

Senator Dianne Feinstein (D-CA)

Senator Daniel Inouye (D-HI)

Senator Tim Johnson (D-SD)

Senator John Kerry (D-MA)

Senator Mary Landrieu (D-LA)

Senator Frank Lautenberg (D-NJ)

Senator Patrick Leahy (D-VT)

Senator Patty Murray (D-WA)

Senator Jack Reed (D-RI)

Senator Jay Rockefeller (D-WV)

Senator Chuck Schumer (D-NY)

Senator Arlen Specter (D-PA)


Cc: Senator Charles Schumer, Chairman, Senate Committee on Rules
Senator Robert Bennett, Ranking Member, Senate Committee on Rules
Senator Ron Wyden
Senator Charles Grassley

 
 
 
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Mildmannered
"Be excellent to each other"
09:42 PM on 05/02/2010
Senate rules should be changed to prevent one senator from holding up legislation or nominees.
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HUFFPOST SUPER USER
wilinot
08:21 PM on 05/02/2010
Wish you weren't leaving Senator McCaskill, we need you.
07:54 PM on 05/02/2010
YES! This is the type of work we need done! Thank you! The time for obstructionism- be it in private or for attention is OVER. We need the people who represent us to be "clear and transparent" and when they are not- we, the people, deserve an explanation. Instead, cowards go back to their constituants and fan the flames.

I applaud the effort- now- let us see what those who are excelling at obstructionism have to say about it!
07:13 PM on 05/02/2010
I am wondering why Alan Grayson has not signed...?
08:07 PM on 05/02/2010
Alan is in the US House of Representatives and this letter appears to be signed only by US Senators. Still, I think Alan Grayson would sign it if he could.
07:13 PM on 05/02/2010
First, they declare that the President is a "communist, socialist, or not an American citizen." Then they commit to "taking back THEIR country and going back to the constitution." Their leaders tell them to wave and wrap themselves in flags to feel more secure, and shout "No!" Where were they in the last 8 years, when they were hoodwinked into war, their savings were stolen by Wall Street, they lost their jobs, and many lost their homes? They support the system of private enterprise but either are uninformed or too stupid to recognize that the CURRENT sytem is not meant for them -their job is to be happy workers and serfs thriiled by gadgets, porn, 3-D movies, always consuming, talking about how tough they are, hating education, and learning to love the very people who rip them off.

Of course, you know who the "they" are, right?
HUFFPOST SUPER USER
momstudent
06:49 PM on 05/02/2010
Keep going Senator, from the great state of President Harry Truman. This nation can no longer tolerate this type of trick in the Untied States Senate. If an individual Senator has an issue against any piece of legislation, SPEAK. I have been a viewer of C-Span for years and wonder what would occur if Senators were forced to do their actual work ON THE SENATE FLOOR, IN THEIR DESKS. I believe this is the is how the founders wanted the WORK in the Senate to be completed. At least, if they were required to sit in their seats, perhaps they would be more inclined to get serious work done.
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HUFFPOST PUNDIT
Eykis
Odd realm of Purgatory I reside in with HPo~
03:42 PM on 05/02/2010
Senator Claire,

You are ONE of the FEW and FAR BETWEEN actually doing your job.

Neither of my Senators do anything BUT OBSTRUCT, ALexander is a regular on Sunday Shows for some odd reason and Corker wants to be prez.

Hey Lamar, while you and Spence are enjoying your DC luncheon, TENNESSEE IS FLOODING, REALLY and TRULY FLOODING. Your mansion in Belle Meade is under water. My office is 5 blocks from your mansion and hopefully you will send for me to get to work tomorrow.
03:00 PM on 05/02/2010
Love this lady! Go get them tiger!
HUFFPOST PUNDIT
freelancerighter
writer
12:37 PM on 05/02/2010
While we're at it, perhaps we could get a bill that makes it easier to repeal those laws passed quietly in the night that turn out to be anti-public and pro-special interest. We need a way to get the corruption written into the system out.
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01:31 PM on 05/02/2010
Also while we're at it, can we PLEASE reinstate the Glass-Stengall Act?
04:21 PM on 05/02/2010
Yes yes can we please please reinstate the Glass-Steagall Act? Please!? Fanned!
12:35 PM on 05/02/2010
What? No Republicans have signed the letter? I'm shocked! SHOCKED to learn that Republicans don't want transparancy...
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StevenWells
Objects in the avatar are larger than they appear
01:53 PM on 05/02/2010
Ironic, in that Repubs themselves are so transparent. Anyone with half a brain can see right through them.
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ReealOne
Don't sweat the small Stuff, life is way too short
06:06 AM on 05/02/2010
Congress is the ONLY employer in this country, where the republicans can STILL GET PAID GREAT SALARIES and STILL GET GREAT BENEFITS - courtesy of OUR tax dollars - for COLLECTIVELY DOING ABSOLUTELY NOTHING - EVERYDAY.

We need legislation that ABSOLUTELY FORBIDS ANY lawmakers from pulling this kind of crap, while being paid with taxpayer dollars, TO DO NOTHING BUT OBSTRUCT, for no other reason than - the republicans thinks that this is some 'genius' strategy to get back in control of this country. Get real!!

If the ELECTED repubs/gopers wants to listen to their "genius repub think tank" & TRUE LEADERS of the repub party, which consists of clowns, jokes, cra zed people and war criminals (palin, limbaugh, beck, o'reilly, hannity, kristol, the cheneys, rove, bachman, gingrich, wingers & some of the baggers) who couldn't get elected at the local ASPCA, but tries to manipulate power in some sort of their own "little shadow government" - THEN LET THEIR "TRUE LEADERS" PAY THEIR SALARIES AND BENEFITS FROM THIER OWN POCKETS! Plain and simple.

ENOUGH OF THE REPUBLICAN GAMES/BS!

p.s. I wouldn't trust Chuck Grassley as far as I can throw him to draft bills. He has proven to be.... how can I put this so it get's past the mods.... well.... schz iophr enic. Today he'll work on a committee, and seem perfectly san e... tomorrow, he'll be in his home town, on a microphone, looking "cr azed" in front of a crowd and talking dea th panels and
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ReealOne
Don't sweat the small Stuff, life is way too short
06:14 AM on 05/02/2010
** Talking dea th panels and doing away with grandma. **
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01:32 PM on 05/02/2010
co-sign
06:34 AM on 04/30/2010
Dear Senator McCaskill:

I applaud your efforts towards "putting an end to secret holds" in the Senate's legislative process, which are extremely undemocratic & anti-democratic practices.

Just as fundamentally, and every bit as important, is the need to dispense with another "secret" in Washington - the "secretization" against fully explaining to the American people where our taxpayers monies & government expenditures are going.

This trend, to keep government expenditures secret is in blatant defiance of the US Constitution itself - Article 1 is of course the heart and soul of both American democracy & American constitutional government, and (all politics & power ultimately being about money), there it is,
right there in Section 9, Article 1 (the core article of the entire Constitution, placing all ultimate legislative powers in the most representative of bodies, the Congress/House)
< NO money shall be drawn from the treasury, but in consequence of appropriations made by law; AND A REGULAR STATEMENT and ACCOUNT of RECEIPTS.... AND EXPENDITURES of ALL PUBLIC MONEY SHALL BE PUBLISHED from time to time. >

Unfortunately, due to the "Bailouts" process, the opaqueness and lack of "RECEIPTS... for ALL.. expenditures" now means that the American public is in the dark about the true, total bailouts costs.

Which run somewhere between $10 trillion in taxpayer "socialized" bailouts for Wall Street according to Nomi Prins low-end tabulations, to over $23 TRILLION American taxpayer extorted dollars in the already year old TARP Special Inspector estimates -
http://www.bloomberg.com/apps/news?pid=20601087&sid=aY0tX8UysIaM
06:41 AM on 04/30/2010
The Wall Street Journal recently published a front page spread crowing about how the (Hank Paulson's original) $700 billion "TARP" bailout request (of Oct. 2008, following Wall Street dropping 770 points in one day the week before) have "been repaid."

Mr. Murdoch's WSJ failing to INFORM readers about the rest of the TRUE costs of "the bailouts" illustrative of how, when it comes to "bailouts," SECRECY still rules.

Today's US Senate is FAR MORE UN-DEMOCRATIC than it was a the time of the founders,
(today) giving vastly MORE disprapportional representation to small population states, than it did in 1787, because of the addition of new states, most of which are rural.

The reactionary forces of the right have hijacked this already unrepresentative (of the total population) tendency, to, using SECRECY in senate affairs (and the "filibuster" process, which is NOT enshrined in the Constitution), to increase even more their anti-democratic agenda, which of course at all times is _the concentration of wealth and power_ at the expense of those whose voices are frozen out of Congressional & Senate legislation - and oversight.

(For example the vast majority of Americans who opposed those October TARP "bailouts" in the first place, have in the year & half since then seen banks SIT on "bailouts" billions, and NOT refinanced struggling homeowners.)
HoosierInMaryland
HuffPo says my 'micro-bio is empty'
03:04 PM on 05/02/2010
"because of the addition of new states, most of which are rural."

Let's see how factual that statement is:

Of the largest (population-wise) states
1. California - 31st state admitted, thus not part of the original 13
2. Texas - 28th state admitted to the union, thus not part of the original 13
3. New York - one of the original 13
4. Florida - 27th state admitted to the union, thus not part of the original 13
5. Illinois - 21st state admitted, thus not part of the original 13

The country was founded in 1776. The Constitution took effect in 1789. Four of the five largest (population wise) states were admitted to the union after the Constitution took effect.

Yep. You sure nailed it when you said "because of the addition of new states, most of which are rural."
09:59 AM on 05/02/2010
Try recovery.gov. Try to stay on topic before you start rambling about "socialized bailouts".
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HUFFPOST SUPER USER
electrosef
Blue-green-purple Reality exposure
08:45 PM on 04/29/2010
A pledge that we will not place secret holds on legislation or a nomination? Why did so many Republicans sign on?
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HUFFPOST SUPER USER
Rocnjohnny
TEXICAN
07:39 PM on 04/29/2010
Not one Publican. Why do you think that is?
HUFFPOST SUPER USER
Cosatjockomo
02:16 PM on 04/30/2010
The letter isn't binding and Dems never made a promise they intended to keep? Is that the answer you wanted. How about this, the letter was probably never CIRCULATED to the Republicans to insure that they would not be ABLE to sign the letter. I'm pretty certain those are the real reasons, but if you choose to believe it's because all Reps are against the idea continue to dream.
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HUFFPOST SUPER USER
Rocnjohnny
TEXICAN
12:11 PM on 05/01/2010
Show me where you know this to be true. I would be interested in that. I believe the Publicans would do anything to stop the recovery and try to make the Obama Admin. look like a failure. Please if you have any proof of what you say send me a link. I really do want to know. If the Dems are doing that then we all need to know. We need to KNOW not speculate. The Publicans have done so well in the past about spreading the truth around. Yes the Dems have too.
11:59 AM on 05/02/2010
The best indicator to future behavior is past behavior. Since the Republican's have basically done nothing but put holds on President's nominees, and obstruct bills, refusing to allow them to be brought to the floor in this session of Congress, I believe the onus here is on YOU.

I'm curious as to why you would think the GOP would support this letter, given it clearly goes AGAINST the Party Of NO's stated policy?
HUFFPOST SUPER USER
RKTesq
Commercial Litigator, San Francisco
06:34 PM on 04/29/2010
This is a great idea! Of course, it will require 60 votes to pass the Senate. And 100 of 100 Senators are crooks who take bribes from corporations and so don't want to make their votes or holds transparent. Thus there's not a chance in the world this policy will ever be enacted. But, otherwise, it's a helluva good idea!

Hmmm. Come to think of it, this analysis applies to every bill or other business that reaches the Senate. I guess what we need are 100 honest Senators. THAT'S likely to happen!