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Hagel Disclosures

Hagel Disclosures

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Published by Zeke Miller
Hagel Disclosures
Hagel Disclosures

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Published by: Zeke Miller on Feb 12, 2013
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“[T]his Senate, as a body, should insist on legitimate requests for information from its Members. Every member, every member, should add his or her voice to the demand for the production of relevant documents which Senators need to decide on confirmation or for any other legitimatereason. This body will be a lesser place if we do not stand with each other when it comes to gaining access to documents, at least in the absence of a claim of executive privilege.” 
– Senator Carl Levin
“We want to make clear that this is not a filibuster. It is a vote to protect the Senate’s constitutional  power to advise and consent to nominations.” 
 – Senators Christopher Dodd and Joe Biden
Democrats Agree: Senators are Entitled to Disclosure
Democrats twice filibustered John Bolton’s nomination to be U.S. Representative to the United Nations, citing the failure to disclose to the Senate documentation relevant to his confirmation.Throughout the debate, key Democrat leaders made strong statements about the right of the Senate toreceive and review such material.
Foreign Relations Committee Democrats:
[I]t is within the Senate’s power alone to decide what it thinks is relevant to its deliberationsin the exercise of the advice and consent power.
The Senate does not work for the President. No one is entitled to appointment to an office requiring advice and consent—unless they havethe Senate’s consent. Likewise, no President is entitled to approval of a nominee.”
 Senator Carl Levin:
“This is a momentous decision for this body.
 It is shocking and sad to me that the Senate mayvote on this nomination while Senators are being denied critical, relevant information
thatmembers of the Foreign Relations Committee have sought.”
“Now, [this information] may be benign. [It] could be part of an effort by this nominee to politicize and punish. … We do not know that. But we have a right to know that. … But thisadministration has refused to provide that information.
We should insist on this informationbefore we vote on this nomination.
Senator Harry Reid:
“Despite numerous requests, the Administration has failed to turn over important informationabout this nominee. This is astounding to me.
The Administration's stonewalling has not onlyhad the effect of slowing down the confirmation process, it has also put a further cloud over this individual and has - perhaps unnecessarily - raised the impression that the nominee and the White House have something to hide. The end result is further questions about thisnominee, further disruption to the Senate's consideration of this nominee, and further demonstration of the Administration's willingness to keep information from the Congress and the American people.
Senate Foreign Relations Committee Exec. Rept. 109-01, “The Nomination of John R. Bolton to be U.S. Representativeto the United Nations,” May 18, 2005,
available at 
 http://www.gpo.gov/fdsys/pkg/CRPT-109erpt1/pdf/CRPT-109erpt1.pdf .
Senator Carl Levin statement,
available at 
Statements taken from the Congressional Record: May 26, 2005, page S5994,
available at 
This is information that the Senate is entitled to under the advise and consent clause of theConstitution.
Information that is central to this man's qualifications. Information that, had it been provided, could have possibly spared this man further questions about his alreadydamaged reputation.”
Then-Senator John Kerry:
“What the Senate has to decide is whether it is going to stand up for the rights of a committee,for the rights of an appropriate set of inquiries to be answered so we can fulfill our constitutional responsibilities.”
“Senators can have decided that they know how they are going to vote and they do not needmore information, but they ought to respect the fact that both the chairman and the rankingmember made a request and that request has not yet been fulfilled.”
Democrats Agree: Foreign Funding is Relevant to a Nominee’s Fitness to Serve
In 2002, Senator Harry Reid sent a letter from the Senate Ethics Committee to the White House,confirming the need for Henry Kissinger to file financial disclosure reports during his considerationto be chairman of the 9/11 Commission.
Kissinger refused to release his own documents, and resigned from the Commission.
Senator Harry Reid, chairman of the Senate Ethics Committee, stated “There were too manyconflicts of interest for him to lead this task. I knew he would never disclose thatinformation.”
Democrat Lee Hamilton, then-vice chairman of the 9/11 Commission stated: “TheDemocratic members of the National Commission on Terrorist Attacks Upon the UnitedStates have examined the Senate Ethics Committee's interpretation concerning disclosurerequirements for commission members. …
 All five Democratic members support completedisclosure
and we will each comply fully with the requirements as set forth under the Ethicsin Government Act.”In 2009, the Clinton Foundation voluntarily disclosed a complete list of its donors to addressconcerns that foreign governments, organizations, and individuals could unduly influence soon to beSecretary of State Hillary Clinton through donations to the foundation.
Senator John Kerry agreed with Senator Richard Lugar’s statement that the Clinton Foundation created “potential perception problems with any action taken by the secretary of  state in relation to foreign givers or their countries.”
According to Senator Kerry, Senator Lugar was “not speaking from a partisan perspective”, but in fact “expressing a view of the committee as a whole.”
May 26, 2005,
available at 
 http://www.gpo.gov/fdsys/pkg/CREC-2005-05-26/pdf/CREC-2005-05-26-pt1-PgS5962-2.pdf .
Letter signed by Senators Harry Reid and Pat Roberts available athttp://www.ethics.senate.gov/public/index.cfm/files/serve?File_id=3f103dfc-1625-49a6-b6f0-1942663f4fc3.
Senate Foreign Relations Committee Hearing Report 111-249, “Nomination of Hillary R. Clinton to be Secretary of State” January 13, 2009,
available at 
 http://www.gpo.gov/fdsys/pkg/CHRG-111shrg54615/pdf/CHRG-111shrg54615.pdf . 

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