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. ------------------------------------------------------------------------- POLITECH -- Declan McCullagh's politics and technology mailing list You may redistribute this message freely if you include this notice. Declan McCullagh's photographs are at http://www.mccullagh.org/ To subscribe to Politech: http://www.politechbot.com/info/subscribe.html This message is archived at http://www.politechbot.com/ -------------------------------------------------------------------------
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