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----- Original Message -----
From: Julio V. Ruiz, M.D.
Sent: Friday, December 21, 2001 11:55 AM
Subject: [CubaNews] OTTO REICH: Week in Review on Nomination, Appointment

The Washington Post has the latest skirmishing:

"President Bush is considering using the Senate's holiday recess to install
temporarily two controversial nominees who have not won confirmation,
administration officials said yesterday.

"The decision, which could inflame relations with Senate Democrats, would
reflect the Bush administration's determination to make muscular use of all
presidential powers. . . .

An administration "official said recess appointments remained under
consideration last night for Eugene Scalia, a son of Supreme Court Justice
Antonin Scalia and Bush's choice for Labor Department solicitor, and for
Otto J. Reich, Bush's nominee for assistant secretary of state for Western
Hemisphere affairs.

"Senate Majority Leader Thomas A. Daschle (D-S.D.) said Sunday on ABC's
"This Week" that it is unlikely Scalia will be confirmed. . . .

"Republican sources said the White House is quite conscious that Daschle
would like to run for president in 2004, and said Bush had ordered the
tougher public line shortly after Thanksgiving. Officials in both parties
noted how unusual it is for the Bush administration to issue attacks as
blistering as those on Daschle.

"It is rare," a senior administration official said. "It's because these
issues are very important to the president, and he's going to work hard to
enact them. It's not personal."

The Dems can't shout too loudly; Clinton did the same thing.

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Bush May Use Recess To Install Nominees
Daschle Will Not Call Pro Forma Session

By Mike Allen
Washington Post Staff Writer
Tuesday, December 18, 2001; Page A04


President Bush is considering using the Senate's holiday recess to install
temporarily two controversial nominees who have not won confirmation,
administration officials said yesterday.

The decision, which could inflame relations with Senate Democrats, would
reflect the Bush administration's determination to make muscular use of all
presidential powers. That approach was clear early in his administration but
has become more entrenched since he declared war on terrorism.

Under a constitutional provision known as a recess appointment, the
president can bypass confirmation when the Senate is in recess and put
nominees in office through the end of the congressional session. An
administration official said the White House is considering use of the power
for several nominees, including his choices for the National Labor Relations
Board, because there are "certain positions for different boards and
commissions that need to be filled so they can continue operating."

The official said recess appointments remained under consideration last
night for Eugene Scalia, a son of Supreme Court Justice Antonin Scalia and
Bush's choice for Labor Department solicitor, and for Otto J. Reich, Bush's
nominee for assistant secretary of state for Western Hemisphere affairs.

Senate Majority Leader Thomas A. Daschle (D-S.D.) said Sunday on ABC's "This
Week" that it is unlikely Scalia will be confirmed.

Sen. Christopher J. Dodd (D-Conn.), who heads the Senate Foreign Relations
Committee's subcommittee on the Western Hemisphere, has said Reich's
nomination is "not going anywhere."

Democrats said they will contend Bush is subverting the legislative process
if he makes recess appointments of controversial nominees. But President
Bill Clinton used the mechanism to install Roger L. Gregory as the first
black judge on the 4th U.S. Circuit Court of Appeals, which includes
Maryland and Virginia, after the Republican-controlled Senate stalled his
nomination. Bush renominated Gregory, who was confirmed for a lifetime
appointment in July.

The White House's contemplation of bold use of recess appointments follows a
swift deterioration in relations between Bush and Daschle, who had been
publicly pleasant for much of the year. Vice President Cheney said Dec. 9 on
NBC's "Meet the Press" that Daschle had taken an "obstructionist" approach
to economic-stimulus negotiations, and administration and Republican Party
officials have been attacking Daschle daily for more than a week.

Bush plans to speak to a House Republican meeting on Wednesday. White House
officials said a major purpose is to thank lawmakers for their help in
enacting his agenda. But these officials said the president will also
discuss unfinished business, and his appearance is designed partly to try to
put the onus on Daschle to pass an economic stimulus package before year's
end.

Republican sources said the White House is quite conscious that Daschle
would like to run for president in 2004, and said Bush had ordered the
tougher public line shortly after Thanksgiving. Officials in both parties
noted how unusual it is for the Bush administration to issue attacks as
blistering as those on Daschle.

"It is rare," a senior administration official said. "It's because these
issues are very important to the president, and he's going to work hard to
enact them. It's not personal."

Some Senate Democratic leaders had hoped to thwart recess appointments by
not officially adjourning, but instead remaining in a pro forma session
through the holidays, as first reported by Roll Call. Administration
officials said that parliamentary move would not prevent recess
appointments, since a new congressional session begins each year.

Daschle rejected the idea last night. He had jokingly told reporters Friday
that it is harder to make recess appointments when there is no recess, but
his staff said he did not seriously consider the move.

Aides said he will leave the Senate in session "subject to the call of the
chair" because of the war on terrorism. "I think it's important for us to be
able to take care of whatever unfinished business there is," Daschle said at
his Friday news conference.

A Senate Democratic leadership aide also noted the "need for Congress to
keep visibility and not cede the whole terrain to Bush, given the power of
his bully pulpit."

Daschle's plan would allow recess appointments, according to another Senate
Democratic leadership aide. "Senator Daschle is not going to hold the Senate
in any form of session that would prevent the administration from making
recess appointments," the aide said. "However, given . . . our strong
commitment to process pending nominees, Senator Daschle doesn't anticipate
the need for recess appointments."

The Senate's holiday recess is expected to begin late this week. Congress
reconvenes Jan. 23.

� 2001 The Washington Post Company

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WASHINGTON IN BRIEF

Saturday, December 15, 2001; Page A04

White House Raps

Daschle Over Delays

The White House criticized Senate Majority Leader Thomas A. Daschle (D-S.D.)
yesterday for the Senate's failure to hold confirmation votes on two of
President Bush's most controversial nominees -- Eugene Scalia for Labor
Department solicitor and Otto J. Reich for assistant secretary of state for
Western Hemisphere affairs. Both are from Virginia and were nominated Sept.
4.

"I'd like to remind the Senate once again the important work that remains to
be done when it comes to confirming presidential appointments," White House
press secretary Ari Fleischer said. He then read two quotations from Daschle
suggesting a willingness to give a fair hearing to all nominees.

Scalia, whose nomination was approved 11 to 10 on Oct. 16 by the Senate
labor committee, is the son of Supreme Court Justice Antonin Scalia. When
Fleischer was asked if the delay could be payback for the Supreme Court's
vote on the presidential recount, Fleischer said, "It doesn't matter what
the motive is; it's wrong to do."

As for Reich, Fleischer said, "It's not right for the president to be denied
his right to have an entire foreign policy team in place."

Daschle's office issued a statement saying he is "working in good faith to
break years of gridlock" over nominees.

"Mr. Fleischer's false attacks are part of an increasingly fierce campaign
by Republicans in Washington to attack Senate Democrats in general and
Senator Daschle in particular," the statement said.

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