In an interview with President Bush’s former White House chief of staff Andy Card on Wednesday’s NBC Today, co-host Matt Lauer fretted that Republicans would change Senate rules to confirm President Trump’s Supreme Court nominee Neil Gorsuch: “It's gonna take 60 votes for confirmation....Do you think it is possible, if this goes very badly, that Mitch McConnell in the Senate will do away with that 60-vote threshold and go to a simple majority?”
After Card expressed his that it wouldn’t come to that, but that Republicans “should have in the wings if they need it,” Lauer worried: “But think about the position...that puts Mitch McConnell in. Because if he goes to the nuclear option, he is guaranteeing four years of war in Washington. If he doesn't, he faces the wrath of President Trump.”
While Lauer decried the possibility of the GOP sparking political warfare in the nation’s capital, he never made any mention of Democrats employing the same tactic in 2013 to confirm President Obama’s judicial nominees.
Days after the November election, Ted Barrett of CNN Politics posed the question: “Do Democrats regret the 'nuclear option' now that Trump will be president?” In his article he detailed how Democrats set the precedent:
Frustrated by numerous GOP filibusters against Obama's nominees, Merkley and other junior Democrats in 2013 lobbied their leaders to change the rules. Senior Democrats initially were wary of the bold step, reminding their younger colleagues that they would not be in the majority forever and that the move could come back to haunt them.
But in November of that year, then-Senate Majority Leader Harry Reid and other top Democrats became convinced GOP delaying tactics were crippling Washington. They triggered the nuclear option which – over the objections of Republicans – lowered the threshold to overcome a filibuster from 60 to 51 votes.
<<< Please support MRC's NewsBusters team with a tax-deductible contribution today. >>>
As Senator and President, Barack Obama was on both sides of issue, in 2005 and 2013 respectively, for the sake of political advantage.
During a 2010 interview with then-Democratic National Committee chairman Tim Kaine, after Democrats changed Senate rules to force through ObamaCare with 51 votes, Lauer dismissed Republican objections:
It does appear, pretty clear now, that the Democrats are gonna have to go it alone in the Senate, what, what we call reconciliation, what the Republicans are calling the nuclear option. Republicans are saying if this happens, they will bludgeon the Democrats with this issue in the midterm elections. Mitch McConnell saying it will come up in every race across the country....Republicans used reconciliation a couple of times during the Bush administration to pass tax cuts, so how are they going to go around in the midterm elections and say this was an undemocratic procedure?
At no point did Lauer ask a similar question of Democrats during the exchange with Card on Wednesday.
Here is a full transcript of the February 1 segment:
7:07 AM ET
MATT LAUER: Andy Card knows what it's like to take a Supreme Court nominee through the confirmation process. As President George W. Bush's chief of staff, he guided Justice Alito and Chief Justice Roberts through that same process. Andy, good morning, good to see you.
ANDY CARD: Great to be with you, thanks for having me on.
[ON-SCREEN HEADLINE: Supreme Court Showdown; Fmr. WH Chief of Staff Andy Card on Nomination]
LAUER: Take me into the trenches, alright? You know what this is like when it comes to the Bush White House. When it comes now to the Trump White House, what things can they control? What can't they control?
ANDY CARD: Well, first of all, I think President Trump did a good job. He took this very seriously. I was impressed with the list he put together way back during the summer when he was running for president of people that he would consider. I thought the people on the list were all credible. He's made an excellent choice and I think he rolled it out particularly well. So he's done the right thing in terms of setting the stage for what will be a tremendous debate. And yes, it’ll be all hands on deck trying to get this person confirmed, as it always is for a Supreme Court nominee.
LAUER: Do you think the Democrats, Andy, will be able to put ideological – and separate it from personal anger?
CARD: I don't think they will be able to do that, but they should really work very hard. I think they should see this as a Constitutional responsibility rather than a political opportunity. This is a Constitutional opportunity to do what's best for the country. President Obama, clearly, when he nominated a nominee to the Supreme Court, there were Republicans that thought it was a good thing to do and they wanted to see the process go forward. It didn't go forward. That's behind us.
It wasn't done politically, it was done at the end of a term. That's not an unusual thing to have happen in a debate. I can remember when the Democrats were calling for George W. Bush not to put somebody on the Supreme Court because there was an election that was coming up. So that’s not unusual.
I do think this process should be very serious. I'm glad the judge is going to go up to Capitol Hill and start his visits. The process is deliberative, slow. You have to develop personal relationships and answer questions. But I hope that it can be done respectfully, this can happen. I think this is an outstanding choice. It's a choice from the future, it’s not a choice from the past. And I think that it should be – the Democrats should give the President the benefit of the doubt, but they should do their responsibility as senators and vote to confirm.
LAUER: It's gonna take 60 votes for confirmation. That means the Republicans have to get eight Democrats to come across. It seems they'll target red-state Democrats who are facing re-election. Do you think it is possible, if this goes very badly, that Mitch McConnell in the Senate will do away with that 60-vote threshold and go to a simple majority?
CARD: Well, I'm hoping that the senators will recognize their responsibility is not to play partisan politics but to do the right thing. If that does happen, I'm quite confident that there will be 60 votes to allow this nomination to go forward. If they don't, if politics is going to rule the day, then I do think the Republicans should say, “We're going to take advantage of the so-called nuclear bomb...
LAUER: Option.
CARD: ...and change the rules. But the nuclear option is not one that I would invite, but it's one the Republicans should have in the wings if they need it.
LAUER: Yeah, but think about what that –
CARD: This shouldn't be a partisan issue. This is not politics.
LAUER: But think about the position – think about the position that puts Mitch McConnell in. Because if he goes to the nuclear option, he is guaranteeing four years of war in Washington. If he doesn't, he faces the wrath of President Trump.
CARD: Well, I'm hoping President Trump will not exhibit wrath on the Republican leader in the Senate. Mitch McConnell has a tough job to do to lead the Senate and do it on behalf of the President. But it's really bigger than the President. A nominee to the Supreme Court is much bigger than Article I or Article II, it's actually Article III. And this is the opportunity for Article I and Article II, Congress and the President, to demonstrate the ability to work together to get something done so that Article III has it’s full compliment of justices. I think it can happen and I’m hoping that they’ll do it.
LAUER: Former White House chief of staff Andy Card. Andy, it’s always nice to see you, thank you very much for your input.
CARD: Good to be with you.
