Restoring American Financial Stability Act of 2010

Floor Speech

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Mr. WHITEHOUSE. Madam President, I congratulate Senator Wyden and Senator Grassley for their long effort to eliminate the secret holds in this body. They thought they had succeeded in 2007 with a mechanism that would scrub secret holds and make them public after 6 days. But it turns out that a number of our colleagues on the other side discovered a loophole in the rule. Whether it is called the old switcheroo or revolving holds or hold laundering, they found a way to defeat the purpose of a rule that was voted for by 84 Members of the Senate on a strong bipartisan basis. That is why we are back here today.

I want to also add to the role of honor on this subject Claire McCaskill, who has done the lion's share of the work of shepherding in some cases 100 stalled nominees blockaded on the Executive Calendar through those 2007 year procedures so that we could get to the point of proving that there were, in fact, secret holds and that despite the rule, hold laundering was taking place and the rule was not being put into effect and holds were being kept secret.

I suppose an asterisk on the role of honor should go to Senator Coburn, who is the one Senator on the Republican side who had the courage to stand up and disclose his actual holds. Everybody else went to some other Senator and said: I don't want my name on this. Would you please take my hold over so I can avoid the rule, keep my hold, and have no accountability.

Perhaps there once was a reason for a secret hold, for this kind of business to be done in the dark, in the shadows, and anonymously. I think history and common sense tell us that deeds that are done in the dark are not usually ones of which we are proud. Certainly, the experience of the last few months has shown that if there ever was a legitimate use for secret holds, that purpose has evaporated. It has evaporated under the pressure of blocked nominees numbering, in some cases, over 100--a systematic approach, a systematic attempt to disable this administration's ability to govern by systematically opposing nominees, irrespective of the merits; opposing nominees who came out of committee in a bipartisan fashion; opposing nominees who came out of committee with zero opposing votes; with Senators raising objections to nominees they voted for in committee. There is clearly something more going on than a sincere concern about an individual nominee.

Finally, this effort to what I call hold launder and to avoid the rule 84 Senators stood up and voted for that does nothing more than put your hold in the plain light of day shows that the 2007 rule, unfortunately, has been ineffective and that it is time for a change.

I have continuing gratitude for Senator Wyden, Senator Grassley, and for all those who have supported us on this issue and particularly for Senator McCaskill for her relentless presence on the floor, making this actually happen.

I yield the floor.

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