For the past few months, a single lawmaker has prevented Democrats from carrying out their agenda in Congress. For now, there is no simple solution in sight.
Annie Karni, a congressional correspondent for The Times, explains the issue surrounding Senator Dianne Feinstein.
Guest: Annie Karni, a congressional correspondent for The New York Times.
Background reading:
- Ms. Feinstein, who has been absent from the Senate for more than a month after being diagnosed with shingles, sought a temporary replacement on the powerful Judiciary Committee.
- High-profile absences have created complications for Democrats in Congress and prompted new questions about the future of the Republican leadership.
For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.
This is an unofficial transcript meant for reference. Accuracy is not guaranteed.
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this is a daily
has to must. A single lawmaker has prevented democrats from carrying out
agenda in congress and for now there's no
simple solution, incite today, my colleague any cording on the growing political crisis
surrounding senator Diane, Feinstein,
It's wednesday. May third, any tell us about the tram. That's been unfolding inside this really crucial corner of the? U s senate for debt,
grants, which is the Senate judiciary committee, said the judiciary committee is facing a crisis and could come to a complete standstill soon. She doesn't return and this matters because the committee is very important, especially in a moment when the government is divided, republicans control the house and democratically
while the Senate and there's no real hope of passing meaningful legislation. So for democrats, the one thing they can do in this moment is to try and appoint federal judges, a process that does not involve the house at all. Their goal is to rebalance the court's after there was a flurry of judicial appointments made by republic
during the trump era they wanted to use this committee to move forward and aggressive agenda on confirming his mehdi progressive judges as possible and to investigate supreme court justices, who have increasingly gotten into a lot of ethics troubles like clarence Thomas the problem for them, as they can't do. Any of that. Because of this strange situation involving the absence of a single senator Diane Feinstein and remind us what happened to fight. Why is she not there right now she is absent because she was diagnosed with shingles in february. Shingles is pretty serious when you're eighty nine years old, she's in samara
go recovering and she has not given many updates at all about how she's doing only that she says she's recovering and that she'll be back soon soon, a rather vague term, when your entire party is trying to get a committee to do the one important thing that it can do for your side of the isle. Exactly what you have to understand is that the math of a committee like this is very tight by design santa Democrats have a single seat majority, so that means with Feinstein gone. The committee has ten democrats, ten republicans and everything just deadlocks and nothing can move forward. The obvious thing here in our normal world would be that someone else replaces her that committee, so that they can do their work and move ahead right. The Democrats was put some one in her place on the judiciary committee, very sensible, yes, very sensible. She can take her time to recover. Someone else can fill her spot on a temporary basis
and when she comes back, she can take back her spot. That would be a seemingly easy fix to this problem, and so on April, twelve Feinstein actually made this request for a temporary replacement. Schumer gets to it days later. When the Senate comes back from it's recess, he picks a replacement and it all seems like this would be normal and easy, but in the senate nothing is actually easy. Replacing a senator on a committee requires some degree of bipartisanship republicans used their power to immediately block this from happening. They love the idea of being able to stop. Dumber
rats from doing the one thing Democrats can just move forward on their own and now because I find sign they can exactly now
they have found a way to slow it down or stop it completely. So this is left democrats in a very strange position, the kind of back to where they started at a point where they can't do anything and it seems like their best option, might be to force her to resign against her well, she doesn't want to resign and its extremely delicate in
part because of what Feinstein's career has meant in the senate. She's a legendary trailblazing politician and what she has represented makes it even more delicate and difficult to try and push her out against. Her will will tell us about that historic trailblazing, career of giant monster, so Dianne Feinstein starts her career in San francisco in the nineteen seventies, in local politics. She's, president of the board of supervisors, which is the city council of san Francisco, she's, not really known,
sighed the city until a shocking tragedy. The shoe
as in city hall, when a former member of the board of supervisors came into the building when the gun, with mrs say after giving the mayor white, ran down the hall and fired three shots of no killing him shoots in kills harvey milk began.
a city council member and the mayor. George misconduct and the total confusion after the shooting, the presidents of the board of supervisors, Diane Feinstein, spoke and Feinstein is one of the first people to
and their bodies as president of the board of supervisors. It's my duty to make this announcement and
he's the one that breaks the news to the world above mammas ghani
revise your harvey milk
have been shot and its
if a galvanizing moment the propels her further into politics
She runs for mayor serve for a decade as mayor of san francisco and then a ninety. Ninety two, the myth that women can play in the big leagues is perhaps pierced once and for all. She was one of four women elected to the Senate in it was considered the year of the woman. I think the message of the election of both Barbara and myself is really that the status quo must go and
It was the first time the two women were elected to represent the biggest state california in the senate. California was launched of another man. Worryingly level spends king lot objection sword, MR president, and in the senate she is known as a complete workforce and legislative power house. The bill I have sent to the desk deals with the problem that sixty six percent of all american citizens want addressed in ninety. Ninety four: she
wrote the country's first ban on assault weapons. I am quite familiar with firearms. I became mayor is a product of assassination. I am aware of found my assassinated colleague and put a finger through a bullet hole.
joined, and she kind of had the moral authority to be a lead on that in part, because the harvey milk assassination, and if a landmark piece of gun, control legislation which passed and that help reduce the gun murder rate. While I was in place after the assault weapons spam, she becomes chairman of the incredibly import
and powerful senate intelligence committee in that role.
she overseas. This huge investigation of how,
America treated its detainees after september eleven.
and she and her staff rate a seven thousand page bombshell report that basically finds that the? U s was using brutal techniques like water, bordering on its detainees, and she was
pressure not to release it driving. Be seen today about along capitol hill over an explosive senate report on the use of torture suspected to be made public as soon as tomorrow
in the military. The intel community present
burma on there's been an ongoing debate between Feinstein.
the white house about reductions in the report and the political implications all urge her not to release this report and she said
Truth matters more than anything else. She just was adamant that america had to talk about what happened here. It is no secret that will you
it states use torture in the years following nine eleven, but today the world learned exactly how often it used it and just how brutal at once and it becomes a huge internet
well story. Good evening, a scathing report issued today the brutality is shocking. The detainees were subjected to the most aggressive techniques, immediately, stripped naked diaper physically struck and put in various painful stress positions for long periods of time, and it's not just the torture that is so shocking and what they find it finds that coercive interrogation techniques did
not produce the vital otherwise unavailable intelligence? The cia has claim this report arrives at a conclusion that none of these efforts actually made america safer
and america had betrayed its values and how it treated these teenagers, and there was no reason
as no upshot of its history, will judge us by our commitment to a just society
and governed by law and the willingness to face an ugly truth and say never again right. I remember this report really well. I think I just arrived at the times as a report
and it fell like this report that fine sign head overseen ahead.
It's, the release of was a real moral reckoning for the entire country about what we had done in the panic that followed September eleventh, it was, and Feinstein has really established herself as this force to be reckoned with in the senate, but throughout all of this she's getting older by twenty eighteen she's. Eighty five years old and she's been in the senate for thirty six years, and she has to decide whether or not to run for another term. It was a big deal because Senate terms are six years, so we're talking not about eighty five, but she would be over ninety when her term was over. Even in the aging senate. This is old, and so it was a natural question to ask. Is it time for her to step aside.
progressive want new blood, and there is pressure for her to you now open the door to the next generation. The california state democratic party even endorses a younger progressive candidate over senator Feinstein. Now the purse
reality. That was able to stand up to the president and the entire committee on the military was not about to be god.
by the california state party, and she said
is actually not. I want to run she wants to sustained office, she thinks she has more accomplish and she runs
and she went by a landslide and its in her sixth term in the senate. The one she's in right now that her problems really begin order. It back.
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get your pancakes, so any. What are the problems that come up for feinstein in this latest her? She starts behaving in ways that people can't quite makes sense, and some of those have occurred behind the scenes. One staffer gave his resignation to her and then the next day.
Had to come back and do it again, because she didn't remember that had happened while, and some of it has been more public
good morning. Everybody, the biggest one in public, wasn't twenty twenty
the hearing to confirm, judge amy bear it to the supreme court when president trap now
needed Amy colony, bear to replace Ruth baker. Ginsburg on the supreme court were confirming the jury.
In an election year after the voting has occurred. It was just a little over a month before the presidential election democratic colleagues will say
This has never been done in their ride. In this regard, nobody's buys a thanks. Ever been confirmed. Election year past July, Ginsburg had died suddenly and republicans
we're just intent on ramming this nomination through
lovely
in majority, as team rolled over principle. In their rush to confirm a justice.
And democrats were absolutely livid that they would do such a thing with just days to go before the election. Donald trump niche mcconnell and their republican buddies are shoving aside the wishes of the american people in order to steal the supreme court see. I think this rushed hypocritical. Partisan process should not proceed right and I remember why they were so vivid, which is that
republicans in pushing for this rapid confirmation were violating the standard that they themselves had set a few years earlier, when president obama nominated mirror garlon to the supreme court in twice, extend and the standard of public and set back then when they refuse to let garland somebody should go forward with it. Nobody should be put on the supreme court close to an election voters. Voices should be heard first in the election and whatever candidate one. The presidency should then have the opportunity to appoint a justice, but in that case, garland had been nominated to the supreme court eight months before an election and any coney bare by contrast, had been nominated. I think something like forty days before election, so this was seen as the height of hypocrisy. If the height of hypocrisy and mitch, Mcconnell and Senate republicans absolutely couldn't care less,
What they care about is that they would have a lifetime appointment on this frame court. Replacing a liberal justice with a conservative justice, I mean, as we have seen, the effects overturning roby wade is what came next right, so Democrats are beside themselves and when the hearings wrapped up feinstein, does something incredibly bizarre.
MR chairman, I just want to thank you after we Democrats railing against the process. She publicly congratulates the republicans for the hearings. This has been one of the best said of hearings that I've,
disappeared it in, and then she goes on in hugs, lindsey gram, who's, the republic and chairman of the committee and together, this seems completely disconnected from the rage on the left and, like she doesn't understand the political moment she's in or what she just participated in right. It was for democrats a moment when her behaviour felt very inexplicable. It dead and her defenders will say: she's a creature of the set out where they have by partisan relationships. She alonzo, graham our friends, just like ruth, better ginsburg used to be friends of antonyms scalia
but it was stranger than that to call these hearings. The best hearings that I participated in looked completely disconnected from the reality that every other Democrat was experiencing, and this creates an absolute uproar. It raises questions about whether she's even fit to patch up the judiciary committee for the Democrats, but that, just a few weeks later,
there is another concerning incidents. This is when the ceo of twitter, at the time, jack dorsey, came to capital held to testify and found the judiciary committee on over
Seven, president trunk tweeted alike,
I won this election by a long and quote and Feinstein asked him
during a warning label the twitter is applied to the tweet says, and I quote:
official sources may not have called the race when the weather has come.
I was doing enough to stem the spread of disinformation. Do you believe,
label and goes far enough to prevent the tweets harms when the tweet is still visible and not accurate. Then
minutes later on november? Seventh, president trump tweeted, this she asked sin. The exact same question
Does that label do enough to prevent the tweet harms when the tweet is still visible and is not accurate word for word?
with the same inflections and it really worked like,
was unaware that she had already asked it. So it's after this hearing at this moment that people really started to wonder. Is she okay and reporters start digging around and what we start to learn is that she's, having pretty serious short term memory, problems
And in moments like visit this hearing, she won't remember a question that she just asked minutes before. Emily sense is that during
This period. You know the twenty twenty twenty twenty one, twenty twenty two when people are realizing that she's having these memory problems that it's an awkward situation, it's kind of a sad situation, but it's not seen as a crisis. Ryan yeah I mean the way it's been, as that occasion
Will there be a flurry of stories about her short term memory issues and her mental decline
but in reality, she's functioning in the senate. Her office is really staff run, but she shows up for votes. She votes with Democrats correctly on the issues and it hasn't really been an acute
problem until february when she is diagnosed the shingles and hospitalized in california and is out for an extended period of time, which is how we get the moment were in now where the judiciary committee is at a standstill. So how do Democrats handle the situation once they realise that her absence is going to be so consequential? What exactly do they say and what
they do about it. So this is one Democrats really start to worry about how long this absence really is going to drag on, and we start to see. Some of these private concerns go public were not being able to confirm judges every day that goes by, because Senator Feinstein is unable to be there in rome corner a representative from California comes out and says die in france. I need to go for the good of their country for confirming these judges letter, someone who can vote. This opens up a big conversation with some people jumping to her
Hence our she deserves the respect due to get well and be back saying. I've never seen them go after a man who was in the senate. This is sexist, she's, a woman. Now I'm a do that to a man, other people kind of saying you know he's saying what we're all thinking she does
to go and its immediately after this public pressure that she comes out. What that halfway solution, where she asks check, humor the Senate majority leader to replace her temporarily on the judiciary committee, so that they can move forward with their work. But remember the republicans are able to block that and they do got and how do republicans
Justify blocking senator Feinstein own will in this moment, if she's saying I'm ready to leave this committee temporarily signed to replace me how the republicans argue for blocking it was really interesting to watch the arguments. Some republicans tried to make it look like they were on her side. Her long time friend, susan Collins republican of man, said
emigrated, been trying to get rid of die in fine style for years, and I'm not gonna help them. This is outrageous sort of glossing over the fact that denmark has for merely responding to her own request, acting like I'm for Diane Feinstein, I'm against this pressure campaign and other ones really were pretty.
Blunt about what all this is about, the reason this is being made is to try to change the numbers
the committee in a way that I think would be harmful. The senate lindsey graham got on the senate floor and said this is about a handful of judges that you can't get the votes for. This is about confirming liberal judge. It's the end right. So in green,
you have a senator saying, let's not mince words, we have a chance to deprive democrats of there
power in the senate to confirm judges and that's what we're gonna do. This is not about fine signs, honour or her career. This is about raw power yeah pretty much to what can democrats now do about this very messy situation
it's that they are right. What options do they really have in one world that I don't think exists? Chuck Schumer, Senate majority leader could publicly and privately really ramp up the pressure for her to resign and and say she needs to go. We need to move ahead with our work and the thinking they're among the people who think it's time for her to go is that if she goes to the trouble of resigning, then that replacement would take her spot on the judiciary committee and that this issue
would be over right, but there has been more and more voices raising the possibility that Mitch, Mcconnell master obstructionist, would find a way to avoid seeding, replace
and on the judiciary committee. This is that the senator, who prevented a democratic gestures,
from ever getting a hearing. So we ve heard democrats expressing concern that possibly the only hands
to moving ahead with judges is dying. Feinstein herself returns to washington to sit on that
Many, because there's no other way to fill that by another way of saying this. Is it really Democrats only option is to get Feinstein back in the capital, get her finger on the button to vote, even if she's not really medically ready to do that, which sounds very machiavellian. It sounds kind of cool, but that's their best option. Now, exactly as I said, they have no good options any. What are the people that you talk to you in congress? Senators staff? What are they make of this? All the reality that fine side has gotten to this unfortunate point in our health and her political rivals,
repugnance had are exploiting it well. Congress is a german conquer c, and it's really a problem on both sides. Chuck grass layer Republican of ilo is the same age as Diane Feinstein. The issue
of age and ability to function in these high powered jobs is not
thing a lot of them want to talk about our call intention to impart, because it's just there, but for the grace of god, go. I,
it could be made a morrow and no one wants to be. In that position I mean in the senate, there are a dozen senators who are older than seventy five and the average age is sixty five, which, on capitol hill, is basically a spring chicken, so the Feinstein situation
and is unique in that she is not merely an aging senator who could have health issues that keep her out, but she is single handedly holding up the only affirmative agenda that her party can move forward with in a moment of divided government right and because of that,
Is there now a real risk that this unique situation at the end of a very long and distinguished career could end up changing Diane Feinstein legacy, which is what we spend so much time talking about today. There are real concerns about that from people. Close
her that this will be. How she is remembered, as the Democrat who held up her party's agenda, who didn't know when it was time to leave, who selfishly hung on to power and really did her party a disservice
and a long standing one at that and there's a scenario where if judges are held up and the next president who wins in twenty four is a republican and that could have a long, lasting effect on policies across the country, and I think any that a lot of listeners
when they hear you say that are going to be thinking about somebody else in washington who decided to stay.
in a job for a very, very long time, with huge consequences. There have been comparisons of giant Feinstein to Ruth, better ginsburg. The supreme court justice who many Democrats wish had simply resign when the president was a democrat. Suddenly she refused to do she died when tromp was the president and that replacement had huge consequences. Cementing a conservative super majority on the court furry fears to come, and I feel that the lesson in both of these
is ruth bitter ginsburg and Diane Feinstein. Is that when your job is of a certain level of importance, sticking around
longer than perhaps you should can be an actual danger to your party and to the values that you have fought for, and so I'm curious how Feinstein thinks
out that how she talks about that why she wants to stay in the senate. Despite what may be the real costs to her party.
first of all, she has never acknowledged that she has trouble,
with memory issues she has said she is totally capable of representing their residents of california that she can still do the work and I think, on a human level. We ve seen this play out countless times that giving up power is incredibly difficult
and when I talk to people around her, it's not just clinging to power, she's deeply committed to her work. She never takes a vacation. She really thinks she can still do this job. She said that she is not gonna run for re election and twenty twenty four, but she feels like she,
can complete the term that she was elected for and she's thing
she's earned the right to make her exit from the senate on our own terms.
Why any thank you very much
we appreciate it. Thank you
the
hmm
we'll, be right back.
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