-Caveat Lector-

National Review

Olson Deadlock
A 9-9 vote shifts the spotlight to the Senate.
Byron York
May 17, 2001 12:45 p.m.

The Senate Judiciary Committee deadlocked today on the nomination of
Theodore Olson to be Solicitor General.  All nine committee Republicans
voted in favor of the Olson nomination while all nine Democrats voted
against it. Under the power-sharing agreement created to deal with the
50-50 deadlock in the Senate, the tie vote means that the matter will be
referred to Senate Majority Leader Trent Lott for consideration by the
full Senate.  This is the first time there has been such a deadlock
under the new arrangement.

Ranking Democrat Patrick Leahy continued his criticism of Olson at
today's meeting, suggesting that Olson "was playing word games" in his
testimony about the "Arkansas Project," the enterprise in which conservative
philanthropist Richard Mellon Scaife teamed up with the American Spectator
magazine to investigate Bill Clinton's past.  "Mr.  Olson has modified his
answers over time, his recollection has changed, and he has conceded
additional knowledge and involvement [in the project]," Leahy said.

Leahy was joined by other Democrats including Wisconsin Sen.  Russ
Feingold, who had previously been the lone Democratic vote in favor of
the nomination of John Ashcroft to be Attorney General.  Regarding
Olson, Feingold said he believed that the Solicitor General candidate
"was not forthcoming in his testimony."

After the vote, a visibly frustrated committee chairman Orrin Hatch said
the matter would be sent to the majority leader to break the tie.  "Who
the hell cares about the Arkansas Project anymore?" Hatch asked his
Democratic colleagues.

It's unclear what level of opposition the Olson nomination will generate
in the full Senate.  Forty-two Democratic senators voted against the
Ashcroft nomination, and recently 43 Democratic senators voted against
the nomination of John Bolton to a state-department position.  It seems
likely that the Olson nomination will follow a similar path.

Hatch would not predict when the Olson vote will occur.
Asked what he believes Democrats plan to do, Hatch told reporters after
the meeting, "Who knows what lurks in the deep, hidden recesses of the
Democrats' hearts?" Asked whether Republicans would have Vice President
Dick Cheney on hand for the full Senate vote on Olson, Hatch said, "You
can bet your bottom dollar on that, if that's what it takes."


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