Hillary Clinton Will Not Resign Until Confirmed

Ben Smith:

Senator Clinton intends to remain in office through confirmation," emails spokesman Philippe Reines.

UPDATE: Says New York Governor David Paterson in a statement: "In order to appoint the best possible candidate to replace Senator Clinton, I am consulting with a wide variety of individuals from all across New York State. I expect to announce Senator Clinton's replacement when the position becomes officially vacant."

This isn't a surprise; were it the other way around (Hillary Clinton announcing her resignation from the Senate before her confirmation as Secretary of State), it would have been huge news. But as is, this was to have been expected.

Only nine times in the history of this country has the Senate voted down a cabinet nomination. Not one of those nine failed nominees was a sitting United States Senator. Why? As John Dean explained in "The Rehnquist Choice: The Untold Story of the Nixon Appointment That Redefined the Supreme Court" when discussing Richard Nixon's potential nomination of Robert Byrd to the Supreme Court, the Senate is extremely unlikely to reject a nomination from its membership because a rejected nominee would have the power as Senator to seek retribution against members voting against him or her, through filibusters, through holds, and the like. In the not too distant past, the Senate has rejected a former member, John Tower, but again, former members, unlike sitting members, don't have the capacity to hit back against Senators voting against his or her nomination.

This isn't to say that Clinton would otherwise have difficulty getting through the nomination process, because I don't think she will. That said, when one has leverage in politics, there is no reason to give it away for free, so it makes eminent sense for Clinton to hold on to her Senate seat until she is confirmed.



Display:


The only reason (none / 0)

for Clinton to resign before confirmation would be to put her replacement in the seniority line before the newly elected senators.  Of course, Hillary doesn't care about NY as much as she does herself.


Senator Al Franken. Have I died and gone to heaven? Not yet. We're still in Purgatory.
by NM Ward Chair on Mon Dec 01, 2008 at 03:27:55 PM EST

Re: The only reason (1.60 / 5)

Classic comment!!!  Haters will hate.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Dec 01, 2008 at 03:29:06 PM EST
[ Parent ]

I don't hate Hillary (none / 0)

but here on myDLC, any marginally negative comment about her is taken that way.

Actually, I think HRC is being perfectly rational about the SoS job, with respect to her own power and position.  I would expect no less from her.  But let's make no mistake about it, holding on to her Senate seat until the last minute is a safety play.  It's not really in the long-term best interest of the people of NY, who could use some extra seniority in their new junior Senator.


Senator Al Franken. Have I died and gone to heaven? Not yet. We're still in Purgatory.
by NM Ward Chair on Mon Dec 01, 2008 at 04:19:39 PM EST
[ Parent ]

Re: I don't hate Hillary (2.00 / 2)

I have my doubts that any replacement Senator would be granted added seniority ahead of the freshman who were elected a month ago.  Since the Senate won't be meeting again until January regardless, could Chuck Hagel announce his resignation today, thus allowing Mike Johanns to jump ahead of the other incoming Republicans in seniority?  Would that even make any sense?

It would be different if you were talking about a replacement Senator, like Roger Wicker or John Barrasso, who was appointed BEFORE the general elections.  In that case, they naturally end up with a little bonus seniority.  But I'm not aware of any precedent to suggest that Hillary's replacement, if she resigned today, wouldn't enjoy the exact same rank as all the other incoming Senators.

Before you make a statement as inflammatory as "Of course, Hillary doesn't care about NY as much as she does herself" (and seriously, it's funny to see someone make that statement and then claim they're not a hater) perhaps you should confirm that Hillary would, in fact, confer an added benefit on NY if she were to resign a few weeks early.  Seems to me you'd see a lot of outgoing Senators resign early, for the good of their state, if that trick actually worked.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Dec 01, 2008 at 05:24:44 PM EST
[ Parent ]

Reference for Senate Seniority (none / 0)

Try the Senate Seniority wiki.  Resigning early may not be common, but it has happened in the past.  Perhaps this piece of the Senate seniority list will be informative:

10     Max Baucus (D-MT)     December 15, 1978
11     Thad Cochran (R-MS)     December 27, 1978
12     John Warner (R-VA)     January 2, 1979
13     Carl Levin (D-MI)     January 3, 1979

The new junior NY Senator will be #100 in seniority if Hillary waits until her confirmation to resign.  S/he would be #90 if Hillary resigned today, ahead of 8 other Democrats, with preferences of committee assignments and office space, among other perks.


Senator Al Franken. Have I died and gone to heaven? Not yet. We're still in Purgatory.
by NM Ward Chair on Mon Dec 01, 2008 at 07:52:24 PM EST
[ Parent ]

Re: Reference for Senate Seniority (2.00 / 1)

Uh, that's a list of dates that some random person created on Wikipedia.  It doesn't supply any evidence that Thad Cochran has received preference over John Warner for anything at all by virtue of the difference between 12/27/78 and 1/2/79.  Anyone can make a ranking list.

I did notice the following in the footnotes:

Phil Gramm resigned early, effective November 30, 2002, so that Cornyn could take senate office on December 2, 2002, and move into Gramm's office suite in order to begin organizing his staff. Cornyn did not, however, gain seniority, owing to a 1980 Rules Committee policy that no longer gave seniority to senators who entered Congress early for the purpose of gaining advantageous office space.

Seems like something you might want to look into before you start asserting, in your non-hating way, that Hillary Clinton cares about herself more than New York State.  By the way, why does Chuck Hagel care more about himself than Nebraska?  Any thoughts on what he could possibly stand to gain by denying Mike Johanns the benefits of seniority, if your theory of seniority were valid?


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Dec 01, 2008 at 08:41:39 PM EST
[ Parent ]

Hey Steve (none / 0)

So you read the article, and instead of finding evidence to refute it, you criticize it on the basis that it's a wiki?  Puhleeze.  That's not a refutation of my argument!  The odds are overwhelming that the wiki is correct, and you are not.  You can go search for an "official" list if you want.  I have supported my assertion, albeit half-assedly.  You have not.  Point to me.

The plain fact is that I do not like Sen. Clinton.  I don't have to!  She's President-elect Obama's choice, not mine, and she has to please him, not me.  I just hope she does a good job.  With Bill to advise her, I'm sure she will.


Senator Al Franken. Have I died and gone to heaven? Not yet. We're still in Purgatory.
by NM Ward Chair on Tue Dec 02, 2008 at 12:14:51 AM EST
[ Parent ]

You might enjoy reading KagroX's blogs (none / 0)

on the subject of contested Senate seats at http://www.congressmatters.com/ Here's the salient part:

The second-to-last disputed Senate election was Kentucky, 1974: Wendell Ford (D) vs. Marlow Cook (R). But get this: when Ford defeated Cook, Cook resigned so that Ford could be appointed to finish his term and thereby gain an edge in seniority. This is actually something Cook's predecessor had done, too, when Cook won the seat of the retiring Thruston Morton (R)  in 1968.
So resigning early to improve ones' successor's seniority has indeed happened before, even across party lines!  

FWIW, he doesn't talk about Sen. Clinton at all.


Senator Al Franken. Have I died and gone to heaven? Not yet. We're still in Purgatory.
by NM Ward Chair on Tue Dec 02, 2008 at 01:01:11 AM EST
[ Parent ]

Re: The only reason (2.00 / 2)

All of this talk about seniority is really hog-wash...

Exactly how much ahead would a newly selected NY senate appointee would be ahead in seniority among other members of congress? If it mattered that much, Hillary would not have considered leaving the senate.  You can't have it both ways--either that senority would have helped NY's junior senator now or not at all. I seriously doubt that it would put NY's future junior senator ahead or behind that much. Besides, some of the other senate senates seats could be won/lost in coming years (Of course, I hope they're mainly GOP losing seats). I just think this talk about seniority is coming across as tad bit fickled. It's just more fodder to give anti-clinton folks more reasons to gripe. My thoughts on the matter: ...whatever.


by Check077 on Mon Dec 01, 2008 at 04:55:40 PM EST
[ Parent ]

8 seats in the Democratic caucus (none / 0)

and 2 R seats.  It's mostly significant in terms of the new Senators' preferences for committee assignments.


Senator Al Franken. Have I died and gone to heaven? Not yet. We're still in Purgatory.
by NM Ward Chair on Mon Dec 01, 2008 at 07:54:47 PM EST
[ Parent ]

Re: Hillary Clinton Will Not Resign (none / 0)

"Nine times" is a misleading statistic.  Usually when a Cabinet nomination fails, the nomination is withdrawn prior to a formal vote.  Sometimes this happens after the nomination is voted down in committee, for example.

Similarly, if any of Obama's nominees don't work out because something embarrassing comes out, surely the nomination will simply be withdrawn.  The probability that any of Obama's nominees will lose a floor vote in the Senate is approximately zero.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Dec 01, 2008 at 03:28:03 PM EST

Re: Hillary Clinton Will Not Resign (none / 0)

According to the Senate, of the eleven nominations withdrawn or not acted upon by the Senate, only a single one was a sitting United States Senator -- Edwin D. Morgan in 1865 -- and he "declined the appointment." For whatever it's worth, Morgan represented New York in the Senate.


Blogging here @ MyDD.com. Twittering @jonathanhsinger.
by Jonathan Singer on Mon Dec 01, 2008 at 03:43:28 PM EST
[ Parent ]

Re: Hillary Clinton Will Not Resign (none / 0)

It's striking that out of the 11, 3 were under Clinton and 2 were under Bush.  It stands to reason that things simply worked differently in the good old days.


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Mon Dec 01, 2008 at 03:50:06 PM EST
[ Parent ]

this makes sense (2.00 / 1)

as she can twist arms is she is having trouble. She will be ahead of the new 111th Congress members in seniority too, so this is great political strategy. She is so brilliant. I can't wait till she's at State. I see little reason she would be rejected, but planning ahead is what someone who will deal in diplomacy should be doing.


by Lakrosse on Mon Dec 01, 2008 at 05:42:47 PM EST


You are not logged in.

In order to post a comment, you must be logged in. If you have a member account, please log in to comment.

If not, you can make an account right here. It's quick and free.