FC: Madcap manuvers halt Microsoft hearing on Capitol Hill

From: Declan McCullagh (declanat_private)
Date: Wed Dec 12 2001 - 14:12:57 PST

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    Charles James, DOJ antitrust chief:
    http://www.mccullagh.org/cgi-bin/photosearch.cgi?name=charles+james
    
    Hearing announcement:
    http://judiciary.senate.gov/hr121201f.htm
    
    ---
    
    http://www.wired.com/news/antitrust/0,1551,49091,00.html
    
        Madcap Maneuvers Halt MS Hearing
        By Declan McCullagh and Ben Polen
        2:05 p.m. Dec. 12, 2001 PST
    
        WASHINGTON -- A highly-anticipated Senate hearing on the Justice
        Department's antitrust settlement with Microsoft came to an abrupt end
        soon after it began Wednesday morning.
    
        The session before the Senate Judiciary committee was intended to be
        an opportunity for congressional critics to jab at the deal, and the
        first chance for Charles James, the Justice Department's antitrust
        chief, to tell Capitol Hill what the Bush administration thought of
        Microsoft.
    
        Joining him was Stanford University law prof Lawrence Lessig, who flew
        in to testify, as did Matthew Szulik, CEO of Red Hat.
    
        They didn't even get a chance to speak.
    
        [...]
    
    ---
    
    Floor remarks follow:
    
    MR. BYRD: MR. PRESIDENT, WOULD THE SENATOR YIELD?
    
    THE PRESIDING OFFICER: THE SENATOR FROM WEST VIRGINIA.
    
    MR. BYRD: MR. PRESIDENT, WHILE THE LEADER IS ON THE FLOOR AND WHILE MR. BAUCUS
    IS ON THE FLOOR -- WOULD THE SENATOR YIELD TO ME FOR FIVE MINUTES?
    
    A SENATOR: YES.
    
    MR. BYRD: HAS THE FINANCE COMMITTEE REPORTED OUT THE FAST-TRACK BILL? IS HE
    GOING TO TODAY? WHEN? DOES THE COMMITTEE HAVE -- DOES THE COMMITTEE HAVE
    PERMISSION TO MEET? I ASK -- PARLIAMENTARY INQUIRY, MR. PRESIDENT.
    
    THE PRESIDING OFFICER: THE SENATOR FROM WEST VIRGINIA.
    
    MR. BYRD: MR. PRESIDENT, FOR THE INFORMATION OF THE SENATE, WHAT IS THE RULE
    WITH RESPECT TO THE MEETING OF COMMITTEES DURING THE OPERATION OF THE SENATE,
    WHILE THE SENATE IS IN SESSION?.
    
    THE PRESIDING OFFICER: WHEN THE SENATE IS IN SESSION, THE COMMITTEES MAY MEET
    FOR TWO HOURS BUT NOT BEYOND THAT.
    
    MR. BYRD: AS OF TODAY, WHEN WOULD THAT TIME EXPIRE?
    
    THE PRESIDING OFFICER: 11:30.
    
    MR. BYRD: 11:30? SO THE COMMITTEE --
    
    THE PRESIDING OFFICER: 11:30 A.M.
    
    MR. BYRD: SO THE COMMITTEE MAY NOT MEET AFTER 11:30 WITHOUT THE PERMISSION OF
    THE SENATE?
    
    THE PRESIDING OFFICER: THE SENATOR IS CORRECT.
    
    MR. BYRD: I'LL PUT THE SENATE ON NOTICE, I WILL OBJECT TO THAT COMMITTEE'S
    MEETING AFTER 11:30 TODAY, WHILE THE SENATE IS IN SESSION. MR. PRESIDENT, ALONG
    THAT LINE, MAY I SAY THAT I HAVE ASKED THE CHAIRMAN OF THE FINANCE COMMITTEE TO
    GIVE SOME OF THOSE OF US WHO ARE OPPOSED TO FAST-TRACK AN OPPORTUNITY TO APPEAR
    BEFORE THE       COMMITTEE. I'M NOT ON THE FINANCE COMMITTEE, AND I WOULD LIKE
    TO HAVE AN OPPORTUNITY TO APPEAR BEFORE THAT COMMITTEE AND SPEAK AGAINST
    FAST-TRACK. THAT'S ALL I'M ASKING FOR. AND I MADE THAT PERSONAL REQUEST OF THE
    CHAIRMAN OF THAT COMMITTEE YESTERDAY. AND HE SAID, WELL, I COULD APPEAR BEFORE
    THE COMMITTEE AFTER IT HAD ACTED ON FAST-TRACK, AFTER IT HAD MARKED UP THE 
    BILL.
    
    WELL, THERE'S NO POINT IN MY APPEARING BEFORE THE COMMITTEE AFTER IT'S MARKED
    UP. THAT'S REALLY A SILLY SUGGESTION, IF I MAY SAY SO. I'LL MAKE MY PROPOSAL --
    MY IMPASSIONED PLEA TO THE SENATE AFTER THE COMMITTEE HAS MET AND MARKED UP THE
    BILL. WHY SHOULD I GO OVER AND APPEAR BEFORE THAT COMMITTEE AFTER THEY'VE 
    MARKED
    UP THE BILL? WHAT A SILLY PROPOSITION.
    MR. PRESIDENT, THERE ARE THOSE OF US -- THERE ARE A FEW AROUND HERE WHO OBJECT
    TO FAST-TRACK, AND I AM SORRY THAT THE DISTINGUISHED CHAIRMAN OF THAT COMMITTEE
    SAID NO. NOW, I DON'T THINK I WOULD SAY THAT, AS CHAIRMAN OF THE APPROPRIATIONS
    COMMITTEE, I DON'T THINK I WOULD SAY THAT TO ANY SENATOR. I WOULDN'T SAY IT 
    TO A
    REPUBLICAN SENATOR, I WOULDN'T SAY IT TO A DEMOCRATIC SENATOR. THE VERY IDEA ON
    A MATTER THAT'S AS IMPORTANT AS FAST-TRACK TO DISCUSS AROUND HERE... I'M JUST
    DISAPPOINTED THAT A SENATOR WOULD GET THAT KIND OF A BRUSHOFF.
    NOW UNDERSTAND, I WENT TO THE DISTINGUISHED CHAIRMAN YESTERDAY AND ASKED HIM IF
    HE WOULD MIND PUTTING IT OFF -- THAT MATTER OFF AND ALLOW SOME OF US -- THERE
    ARE A FEW OF US; I KNOW ONE SENATOR WHO'S AGAINST FAST-TRACK -- TO ALLOW US TO
    APPEAR BEFORE THE COMMITTEE. AND I GOT KIND OF A BRUSHOFF, I'D SAY. WELL, ALL I
    COULD SAY WAS THAT I WAS DISAPPOINTED. I'M STILL DISAPPOINTED.
    BUT LET ME READ A SECTION OF THE CONSTITUTION TO SENATORS. SECTION 7 OF ARTICLE
    1, PARAGRAPH 1, "ALL BILLS FOR RAISING REVENUES SHALL ORIGINATE IN THE HOUSE OF
    REPRESENTATIVES, BUT" -- NOW GET THIS. "BUT" FAST-TRACK IS BROUGHT TO THE
    SENATE, SENATORS MAY NOT PROPOSE AMENDMENTS. THAT'S NOT IN ACCORD -- MY WAY OF
    READING THE CONSTITUTION -- THAT IS NOT IN ACCORDANCE WITH WHAT THE 
    CONSTITUTION
    SAYS. WHAT DID THE FRAMERS MEAN? IT'S OBVIOUS THAT THEY MEANT THAT THE SENATE
    COULD AMEND ON ANY BILL.
    LET ME READ THE WHOLE SECTION AGAIN. THE WHOLE PARAGRAPH. SECTION 7, "ALL BILLS
    FOR RAISING REVENUE SHALL ORIGINATE IN THE HOUSE OF REPRESENTATIVES, BUT THE
    SENATE MAY PROPOSE OR CONCUR WITH AMENDMENTS AS ON OTHER BILLS."
    IT DOESN'T SAY IT SHALL. THE SENATE MAY NOT WANT TO OFFER ANY AMENDMENTS. 
    BUT IT
    MAY. NOW WE COME ALONG WITH THIS SO-CALLED TRADE PROMOTION AUTHORITY. HA! 
    WHAT A
    MISNOMER THAT IS. AND THAT'S PLAIN-OLD FAST-TRACK.
    A LOT OF SENATORS AND HOUSE MEMBERS ARE GOING TO GO TO THEIR OBLIVION ON THE
    FAST-TRACK IF THE PEOPLE BACK HOME EVER WAKE UP TO WHAT'S GOING ON.
    "BUT THE SENATE MAY PROPOSE OR CONCUR WITH AMENDMENTS AS ON OTHER BILLS." IT
    DOESN'T SAY "AS ON SOME OTHER BILLS." OR "AS ON CERTAIN OTHER BILLS." IT SAYS
    "AS ON OTHER BILLS."
    NOW, IT SEEMS TO ME THE SENATE HAS A RIGHT TO AMEND. AND I KNOW THAT  THERE ARE
    SOME OF US WHO SOUGHT TO APPEAR BEFORE THE SUPREME          COURT ON THE 
    SUBJECT
    OF THE LINE-ITEM VETO, AND THE SUPREME          COURT RULED THAT WE DO NOT
    QUALIFY BECAUSE WE PERSONALLY WERE
    NOT INJURED BY THE LINE ITEM VETO. BUT ON A DAYS, WHICH WAS LATER BROUGHT BY
    PARTIES THAT DID QUALIFY, AS HAVING BEEN INJURED, THE SUPREME COURT RULED THAT
    THE LINE-ITEM VETO WAS UNCONSTITUTIONAL.
    NOW, I WONDER WHAT THE SUPREME COURT WOULD SAY ABOUT FAST-TRACK?
    ESPECIALLY IN THE LIGHT OF THIS CONSTITUTIONAL PROVISION. WELL,
    I MERELY RAISE THAT QUESTION, MR. PRESIDENT. IF THE COMMITTEE CAN COMPLETE ITS
    BUSINESS BEFORE 11:30, WHY, THAT WILL BE IN ACCORDANCE WITH THE RULES. BUT 
    IF IT
    DOESN'T, I HOPE SOMEBODY ON THAT COMMITTEE      WILL RAISE THE POINT THAT THE
    SENATE DOESN'T HAVE PERMISSION ­ THE COMMITTEE DOESN'T HAVE PERMISSION TO MEET.
    AND I WOULD OBJECT TO ANY REQUEST THAT'S MADE TO THAT TODAY. MR. PRESIDENT,
    I THANK THE DISTINGUISHED SENATOR FOR YIELDING. I THANK HIM.
    
    
    
    
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