Should the Senate Censure Reid?

Democratic Leader Makes Reckless Remark About Judicial Nominee

On the Senate floor May 12, Minority Leader Harry Reid (D.-Nev.) launched an assault by innuendo against 6th U.S. Circuit Court of Appeals nominee Henry Saad, suggesting that senators review Saad's confidential FBI file to understand why Democrats oppose him.

"Henry Saad would have been filibustered anyway," Reid said. "He's one of those nominees. All you need to do is have a member go upstairs and look at his confidential report from the FBI, and I think we would all agree there is a problem there."

Saad, now a judge on the Michigan Court of Appeals, was first nominated by President Bush Nov. 8, 2001, and subsequently blocked-along with three other 6th Circuit nominees-by the state's two Democrat senators, Carl Levin and Debbie Stabenow. They were retaliating for the lack of action on former President Bill Clinton's 6th Circuit nominees, including one who was a cousin of Levin's wife.

Reid's remark prompted ethics complaints from the Center for Individual Freedom and American Conservative Union. They cite section 5 of Rule XXIX of the Standing Rules of the Senate: "Any senator, officer, or employee of the Senate who shall disclose the secret or confidential business or proceedings of the Senate, including the business and proceedings of the committees, subcommittees, and offices of the Senate, shall be liable, if a senator, to suffer expulsion from the body; and if an officer or employee, to dismissal from the service of the Senate, and to punishment for contempt."

HUMAN EVENTS Managing Editor Robert Bluey asked senators of both parties if Reid should be censured.

Talking about Judge Henry Saad, Sen. Harry Reid made reference to a confidential FBI report. I'm wondering if you think he should be censured for revealing that information?

SEN. BARACK OBAMA (D.-ILL.): I have to confess that I am not familiar-having just gotten here-with the rules with respect to FBI reports and files. I couldn't pronounce specifically how egregious it was. I'm sure, to the extent there were problems there, I'm sure that Sen. Reid probably regrets it.

There was an ethics complaint filed. Do you support an investigation? I'm told it would automatically trigger a staff investigation.

OBAMA: And then I'm sure that the appropriate procedures will be followed. As I've said, to the extent that whatever was said was not within the confines of what is normally prescribed, I'm sure Sen. Reid regrets it.

You issued a statement critical of Sen. Reid last week after he made remarks about Judge Henry Saad's confidential FBI file. Should the Senate censure him for those remarks?

SEN. GEORGE ALLEN (R.-VA.): That would be up to the Ethics Committee. He has been censured in the form of public opinion for this because it was so underhanded and below-the-belt punching to make such aspersions that cannot be rebutted. No senator can actually bring up a confidential FBI report, which may not have anything other than hearsay in it. If we did, it would be a violation of Senate rules. It shows how desperate the Democrats have become in this whole matter [of filling judgeships] to be resorting to this kind of character assassination.

An ethics complaint was filed by the Center for Individual Freedom.

ALLEN: It was? I didn't know that. Thank you.

Do you support the committee's looking into this?

ALLEN: Let me get the details first. I'm learning it while you're telling me.

Last week, Minority Leader Harry Reid took the floor and claimed there is negative information in Judge Henry Saad's confidential FBI file. Do you think he should be censured or an Ethics Committee investigation conducted?

SEN. TIM JOHNSON (D.-S.D.): I'm the vice chairman of the Ethics Committee, and I don't comment about issues other than those that are directly before the committee, and even then only the end result. So, I've got no comment about it.

Now, once an ethics complaint is filed, what happens?

JOHNSON: Filing does automatically set off a preliminary investigation, which is usually staff-driven.

Sen. Allen and some of your other Republican colleagues have suggested Minority Leader Harry Reid went too far when he claimed on the Senate floor there's negative information in Judge Henry Saad's confidential FBI report. Do you think he should be censured?

SEN. JUDD GREGG (R.-N.H.): No. Why not?

GREGG: It's overkill.

Last week on the floor, Sen. Harry Reid, talking about Judge Henry Saad, told senators that if they went upstairs and read his confidential FBI report they might understand why Democrats are opposing him. Do you think he should be censured for what he said?

SEN. LARRY CRAIG (R.-IDAHO): Clearly, many of us have the responsibility of looking at FBI background reports. And with that responsibility comes the commitment to not disclose. Even to imply there is something wrong in an FBI report, in my opinion, is stepping across the line of responsibility.

I've looked at a lot of FBI reports. There isn't a one of them I couldn't have found a negative in it. They ask everybody, including the dog, whether they've liked something. And the last I heard, almost everybody, at some time in their life, has kicked their dog. My point is Harry Reid stepped across the line. He shouldn't have done that.