Greg Sargent, WaPo: Going nuclear. Tools to force the appointment of a special prosecutor.

[highplainsdem]

Sargent is reporting what he was told by Lawfare's Benjamin Wittes:

https://www.washingtonpost.com/blogs/plum-line/wp/2017/05/10/in-the-wake-of-trumps-brazen-firing-its-time-to-go-nuclear-heres-how/

Wittes suggested several ideas to me. He noted that, with all Democrats and a handful of Republicans upset about the Comey firing, there are enough senators “to create a blocking majority for the next FBI director,” who must be confirmed. This blocking majority, Wittes said, could theoretically condition its support for nominees to that post, insisting that the Justice Department produce a fuller accounting of the recommendation into the Comey firing or that the department appoint a special prosecutor on the Russia probe.

Alternatively, Wittes noted, individual senators — in either party, but especially in the majority — can employ other tactics to force the issue. They could try to oppose funding for various other Justice Department priorities or block other nominations to the department. “I would not give that cooperation until the Justice Department names a special prosecutor,” Wittes said.

Finally, Democrats — with or without a handful of Republican allies, but preferably with them — can basically try to grind the Senate to a halt, by refusing cooperation on any legislation or nominations or anything, until GOP leaders and/or the White House agree to some form of independent investigation. “Every time they’re asked to cooperate on something, this needs to be front and center,” Wittes says. “They needs to be focused like a laser beam on that every time they’re asked to give unanimous consent.”

Let’s be clear on one point: This isn’t simply about Trump. It’s also about our democracy. It isn’t just that the grounds for public confidence in the Russia probes are dwindling, whether it’s the FBI’s investigation or the ones being overseen by congressional Republicans, though that withering confidence does demand an independent probe. It’s also that we are trying to establish not just whether the Trump campaign colluded with Russia, but also the full story of what Russia did to interfere in the workings of our election, with or without the Trump campaign’s help. The intelligence community has explicitly concluded that Russia will try to do this again in future elections, so establishing what happened is key to averting a repeat of it. If the White House — or GOP congressional leaders — won’t investigate this seriously, then those in both parties who actually want a real probe need to step up.

[highplainsdem]

1. kick

[gratuitous]

2. In the complete absence of Republican integrity in the Senate

About the only thing Senate Democrats can do is to throw sand in the gears. One of the easiest ways is to object each and every time a Republican says, "Request unanimous consent . . ." before saying or proposing anything. The Senate rules state that practically anything the Senate wants to do can proceed only by a vote of the Senate, unless there is unanimous consent. Senators routinely invoke unanimous consent at the beginning of their remarks. Majority Leader McConnell has used this tactic quite often in the past to stop the Senate from proceeding on things he doesn't want them to consider. The Democrats should do a little turnabout, which I believe is still fair play.

[yardwork]

3. This is probably our only hope. Call your senators. Get your friends and relatives to call.

Mobilize.