Senate Republican leader Mitch McConnell is threatening to filibuster Chuck Hagel’s nomination to become Defense Secretary.
If he goes through with it, a move unclear to have enough Republican support to be successful, it would be historic. No cabinet-level nominee has been rejected because of a filibuster, and only two have been required to attain the 60 votes necessary to overcome a filibuster -- Dirk Kempthorne, President George W. Bush's nominee for Interior Secretary in 2006 and C. William Verity, Ronald Reagan's choice for Commerce Secretary. Both were easily overcame the filibuster, 85-8.
“It’s unclear yet,” McConnell told reporters in Kentucky when asked if his party would attempt a filibuster, forcing Hagel to need 60 votes for nomination. Currently, Democrats control the chamber with 55 seats.
“Sen. Hagel did not do a very good job before the Armed Services Committee this week. I think the opposition to him is intensifying. Whether that means he will end up having to achieve 60 votes or 51 is not clear yet.”
Cloture, the vote to end debate and overcome a filibuster, was withdrawn in the case of President's Obama's pick to be Labor secretary, Hilda Solis, as well as President George W. Bush's nominee to be EPA administrator Michael Leavitt. It was also "vitiated" for Rob Portman to become U.S. Trade represenative under Bush, according to the Congressional Research Service.
Plenty of others have been thwarted and one was even voted down since 1975 when the filibuster, requiring 60 votes, was introduced, according to lists provided by Don Ritchie, the Senate historian. That was George H.W. Bush’s Defense Secretary nominee John Tower, a former senator from Texas, who was accused of womanizing (he was married twice) and drinking to the point of alcoholism (he admitted he “drank to excess,” but, “I wouldn’t say I had a problem.”).
Before the Senate vote on his nomination, Tower even went on TV vowing not to drink as Defense Secretary or he would resign.
“Let me state that I have never been an alcoholic or dependent on alcohol,” Tower said in a statement distributed to the press and signed by his doctor. “I hearby swear and undertake that if confirmed, during the course of my tenure as secretary of defense, I will not consume beverage alcohol of any type or form, including wine, beer or spirits of any kind. I think I’d be obliged to resign if I broke the pledge. I’ve never broken a pledge in my life.”
In the end, Tower’s nomination was defeated 53-47. Ironically, the men leading the charge for and against Tower -- former Sens. John Warner (R-VA) and Sam Nunn (D-GA), respectively -- flanked Hagel at his confirmation hearing to urge his confirmation.
“There have been cabinet nominees rejected by the Senate, where there was a vote taken and gone down to defeat,” Ritchie said. “Some were withdrawn by the president because of opposition.”
Other, non-cabinet-level nominees were not able to overcome a filibuster, including John Bolton to be ambassador to the United Nations, a position President Obama now considers "cabinet-level."
There have been nine people nominated for a cabinet post who were voted on and formally rejected by the U.S. Senate, according to the Senate Historical Office. Tower’s, however, was the first since 1959 when Dwight Eisenhower’s pick to be Commerce secretary, Lewis Strauss, failed 49-46.
Prior to that, just one other person was rejected in the 20th Century. In fact, Charles B. Warren, Calvin Coolidge’s nominee to head the Justice Department has the distinction of being the only person in history rejected twice, first by a 41-39 vote. Coolidge then renominated him two days later only to see Warren rejected again by an even wider 46-39 margin just four days after being renominated.
The other six rejected nominees were all in the 19th Century.
Some nominees have been withdrawn by presidents. There have been 21 nominees withdrawn by presidents, most recently former Sen. Tom Daschle, who was President Obama’s pick to head Health and Human Services in 2009; Bernard Kerik, George W. Bush’s nominee for Homeland Security in 2004; and Linda Chavez, Labor, under Bush in 2001.
President Bill Clinton withdrew three nominees -- for attorney general, director of the CIA, and Veterans Affairs.
Prior to that, a nominee hadn’t been withdrawn since Lyndon B. Johnson’s administration in 1969.
Whether Republicans would have the votes to successfully filibuster Hagel and prevent his confirmation is an open question, however.
So far, every Democrat, plus two Republicans (Thad Cochran of Mississippi and Mike Johanns of Nebraska) seem likely to vote for Hagel, giving him 57 votes.
Plus, so far, Republicans Roy Blunt of Missouri and John McCain of Arizona have said they oppose Hagel, but would not support a filibuster to block an up-or-down vote on his confirmation.
McCain had one of the sharpest exchanges of Hagel’s confirmation hearing last week before the Armed Services Committee over the surge in Iraq. (Hagel and McCain, both Vietnam veterans, had been friends before Hagel opposed the surge proposed by McCain.)
Despite that exchange, McCain told Politico Monday, “I just do not believe a filibuster is appropriate, and I would oppose such a move. … I will try to make that argument to my colleagues.”
CORRECTION: An earlier version of this post incorrectly stated, based on information from the Senate Historian's Office, that no cabinet-level nominee had been formally filibustered. There were two prior cases, however, in which cloture was invoked and there was a vote.


Republican members of Congress are becoming more absurdly hyper-partisan all the time. We may soon witness GOP Senators use the filibuster to keep a former Republican Senator from becoming Secretary of Defense. Why would they do this? It's simply because the GOP members of Congress have reached the point where they reflexively oppose ANYTHING or ANYBODY President Obama supports. If Ronald Reagan were alive today, & Obama tried to appoint him as a cabinet officer, I'm not sure even this patron saint of the GOP would be confirmed by the Senate. The federal government is nearing the point of total dysfunction because of petty partisan bickering. That's nothing short of a total disgrace !!
McConnell is desperately trying to keep his snout in both troughs as his re-election looms. Hold what passes as moderate Republicans while not alienating the far right. Remember he did not support Rand Paul in the primaries and got burned by the tea party gang which has a long memory.
Also from the Republican Party - An influential Republican senator has threatened to put on hold President Obama’s nominee to head the Bureau of Alcohol, Tobacco, Firearms and Explosives, raising once again the possibility that the gun-regulating agency will not have a director. The president two weeks ago nominated acting ATF Director B. Todd Jones to become the agency’s full-time director. The ATF has been without a director for six years. From Washington Post Feb 1st
They just can't work well with anyone in this administration or for the good of the country.
We have men and women in harms way and the GOP wants to play political games with the appointment of Secretary of Defense. This is in very poor taste. Where is the common sense the GOP keeps talking about? The GOP seems to be determined to self destruct. So be it. Out country will be a better place if it happens.
The "Party of No" at it again! Doesn't McConnell doesn't realize is that the election was held last year and the thought of "We will do anything to ensure Obama is a one term President" doesn't apply anymore.
It is obvious that a majority of the "elected" officials in Washington have outlived their usefullness.
NOW IS THE TIME FOR TERM-LIMITS TO BE ON A BALLOT FOR ALL VOTERS!
We have men and women in harms way around the world and the GOP wants to play Washington politics with the appointment. This is in very bad taste. Where is the GOP on using common sense? The GOP seems determined to self destruct. So be it. The US would be a better place to live without them.
Until the decreasing size of the Republican presence in Congress turns around through a substantial change of its fundamental direction, the increasing minority extremists will continue to react in increasingly desperate fashion as its power continues to diminish threatening their very existence.
Huh? We tried that from 2000 to 2008. It was an unmitigated national disaster.
Hagel seems to be a very decent, honest and non-lunatic member of the GOP, therefore is unqualified to hold any public office.
Patriotism at its best from the right wing zealots of this country.
John Tower: "I’ve never broken a pledge in my life.”
Apparently his marital pledge didn't include abstinence from philandering.
Combine serial lying with alcoholism & you've got the perfect candidate for Bush II's leadership team.
Stop playing with our country for your political gains. Do your job and serve the American people. If there is a reason your constituents want you to filibuster instead of press on and fix other more important issues like our financial crisis...doubtful, but fine. Otherwise, stop cutting our country to shreds over your own personal agendas.
I bet he stands there and farts non stop. That's usually where is ideas come from.
McConnell is up for re-election in 2014. He will make a lot of noise over the next two years for the publicity will benefit his campaign. Plus, McConnell will be the champion of conservative opposition in the Senate. Unless he stands up strongly for those alleged "values," he may be the first incumbent Republican to draw a Tea Party primary opponent in the next general election.
Chuck Hagel is dumber than Nebraska dirt, so I'm assuming he'll make a great new addition to the President's cabinet. I know he was a Vietnam veteran, I know he was a Senator from the great state of Nebraska, I know he's a Republican...I also know that none of those prevents a person from being dumber than a rock (in the middle of a field of dirt smarter than Chuck Hagel).
Chuck Hagel is a shoe-in for Secretary of State. Democrats will vote for him because the President nominated him and that's what any good party member would do. The Republicans will split, some will vote against him because he's (Chuck Hagel) a poor choice, some will vote against him because they would vote against Jesus if President Obama nominated him. However, enough Republicans will vote for Chuck "The Rock" Hagel just to get back at President Obama, because President Obama is going to have to listen to Hagel at cabinet meetings and when you combine Biden with Hagel in the same room you know it's going to Drive President Obama nuts.
They're filibustering a REPUBLICAN nominated by a Democrat. Imagine if he'd nominated a Democrat, nay even perhaps... *shudder* a leftist?
If they filibuster Hagel, what ammo would they hold back for a Kucinich nomination to defense?
Obama should withdraw Hagel and nominate a Palestinian-American candidate with anti-war credentials. He has a mandate for it.
GOP is on crack.
Obama may nominate more moderate Republicans. Getting them confirmed should be an easy task and he could prove anew that the two parties can work together for the common good. He can also prove that if they are not working together in congress, maybe voters have elected the wrong kind of Republican. When you think about it, Obama could be the salvation of the Republican Party for it is a certainty that the extreme hard-right conservatives will ultimately bring its death unless the GOP can find a way to be more centrist in its views.