The Haynes Blue Slip

5 June 2006

To: Committee for Justice

I support blue slipping the Haynes nomination because of his key role in the torture question. He does not belong on the Court. If there is a Committee vote I believe that this role is an extrordinary circumstance and may lead to a filibuster or the filibuster could happen regardless of the Group of 14 and we end up with a showdown and a nuclear option vote. I realize that this is what you would like, but it is wrong. Mr. haynes is not the nominee to throw everything behind because of the torture controversey and his role in it.

If Mr. Graham and Mr. McCain are blue slipping the nominee than they are being consistent with their statements about 'rule of law' and keeping or getting back the 'moral highground.' Mr. Graham also beleives that the court room is a 'quiet place' where all cam have fairness in pleading their cases. I agree with this and believe that Mr. Haynes ascending to the court would produce a noisy place where no completely fair judgement could be rendered because every case would become a referendum on torture and the president.

Mr. Graham also vehemently denies the blue slip. I know he has already said that there was one nominee that he would vote against and I think Mr. Haynes is that nominee. He would vote against Mr. Haynes, in my opinion, precisely because of the torture question. This question is a battle over our soul as a country. Torture is illegal adn anything that tends to create even an environment where this law breaking may be tolerated is unacceptable becasue we are a 'rule of law' nation. The memos the Mr. Haynes wrote or signed tended to bolster either the environmnet or the actual practices. This is what lead to scandals at Abu Ghraib and Guantonomo Bay. We need to stop this and the blue slip of Mr. Haynes' nomination is the way to achieve this end.

I support an up-or-down vote once the nominee is on the floor of the Senate. However, the Committee is responsible for vetting the nominee prior to this vote. I beleive that any member of the Judiciary COmmittee should be able to prevent a nominee from moving forward to a vote in Committee whenever there a question as grave as the one facing Mr. Hayes. This is our only protection; to strip it would be wrong.