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Monday, February 25, 2013

Senate Democrats, Accusing G.O.P. of Obstruction, Try to Force Hagel Vote

Mr. Hagel’s nomination was endorsed by the Senate Armed Services Committee along party lines on Tuesday. But with Republicans demanding more information before allowing a vote on Mr. Hagel by the full Senate, Senator Harry Reid of Nevada, the majority leader, took procedural steps to limit floor debate on his nomination and bring the partisan clash to a head by Saturday.

“This is the first time in the history of our country that a presidential nominee for secretary of defense has been filibustered,” Mr. Reid said on the Senate floor. “What a shame. But that’s the way it is.”

Republicans, sensitive to the accusation that they were filibustering Mr. Hagel, tried to draw a distinction between a filibuster and delaying the vote because of unanswered questions.

“There’s nothing unusual about this,” said Senator James M. Inhofe, the senior Republican on the Armed Services Committee, who on Tuesday suggested without evidence that Mr. Hagel was “cozy” with Iran, an accusation that caused the committee meeting to erupt with Democratic outrage. “There’s not a filibuster,” he added.

Even if Republicans succeeded in dragging out the vote into the weekend, Democrats said they remained confident that he would be confirmed by Saturday because Republicans did not appear to have the 40 votes necessary to block the nomination. Such a move would be an extraordinary step, and one that Republicans seem wary of taking should they find themselves in the White House four years from now.

Senator Rand Paul, Republican of Kentucky, meanwhile, said on Wednesday that he intended to try to block the nomination of John O. Brennan, Mr. Obama’s choice to be director of the C.I.A., until Mr. Brennan provides answers to questions he had on the scope and legality of the Obama administration’s drone operations. Democrats have also sought to extract more information from the White House about those operations.

Senator Dianne Feinstein of California, the Intelligence Committee chairwoman, said she expected to schedule a committee vote on Mr. Brennan’s nomination when the Senate returned from recess the week after next. She said that Mr. Brennan would make a “strong and capable C.I.A. director.”

According to the Senate’s historian, Donald A. Ritchie, only 5 percent of presidential cabinet nominees have been blocked or rejected by the Senate. Only twice since 1917, when the Senate’s modern filibuster rules were created, has a cabinet-level nominee been subject to a supermajority vote of 60, as Republicans are forcing with Mr. Hagel.

In the case of Mr. Hagel, a former Republican senator from Nebraska, the opposition is especially striking because senators have traditionally afforded their former colleagues a high level of courtesy. But many Republicans still nurse a grievance against Mr. Hagel for his opposition to the war in Iraq, and others have sought to make an issue of statements he has made on Israel and Iran. Senators Lindsey Graham of South Carolina and John McCain of Arizona want the Obama administration to provide information about the timeline of its actions on the day of the attack on the American diplomatic mission in Benghazi, Libya, an episode that has become a point of conservative ire against the president.

When Mr. Hagel testified before the Armed Services Committee he was pummeled.

As Mr. Obama’s counterterrorism adviser, Mr. Brennan has been the chief architect of the administration’s drone policy, and his nomination has focused new attention on it. In his State of the Union address on Tuesday, Mr. Obama said that he planned in the coming months to work with lawmakers to “ensure not only that our targeting, detention and prosecution of terrorists remain consistent with our laws and system of checks and balances, but that our efforts are even more transparent to the American people and to the world.”

White House officials on Wednesday did not give any details about Mr. Obama’s plans for more transparency about the targeted killing program, which has long been shrouded in secrecy.

Democrats on the Senate Intelligence Committee have expressed frustration that the White House has not allowed lawmakers to read the legal memos, written by the Justice Department’s Office of Legal Counsel, which provide the justification for the targeted killing operations in Pakistan, Yemen, Somalia and elsewhere and that have been expanded during the Obama administration.

The committee said that the Justice Department had written 11 secret legal memorandums related to the targeted killing of terrorism suspects but said the Obama administration had shown the committee only four of them.

Senator Feinstein did, however, provide new details about the extent to which her committee has been briefed by the administration about drone strikes.

“The committee has devoted significant time and attention to targeted killings by drones,” she said in a statement. “The committee receives notifications with key details of each strike shortly after it occurs, and the committee holds regular briefings and hearings on these operations” to review their basis and effectiveness.

She added that Intelligence Committee staff members had held 35 monthly oversight meetings with government officials “to review strike records (including video footage) and question every aspect of the program.”

Charlie Savage contributed reporting.


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