On the recordFebruary 26, 2013
First, on the question of whether this is a filibuster, under our rules Senators have a right to speak and debate as long as they want until 60 Senators decide it is time to end debate. That is the definition, under our rules, of a filibuster. And that is the right of Senators to engage in. That is not the issue, as to whether it is right; the issue is whether it is now time to end debate. Under our rules, in order to bring debate to an end, where Senators insist on continuing a debate unless 60 Senators vote to end it, this is what this vote will be about at noon--whether we want to bring this debate to an end. Why? Well, first of all, we need a Secretary of Defense. But before we can get a Secretary of Defense, there has to be a vote on the nomination itself. The vote at noon will be a vote as to whether we want to bring this debate to an end so that we can, at a later time-- hopefully today--then vote on the nomination itself. That is a majority vote, not 60 votes. In fact, the final vote on either a nominee or on a bill is always a majority vote. The 60 votes comes into play when Senators say: We are not going to end debate. We have a right to talk as long as we want in the Senate until 60 Senators vote to end it. And we demand that vote of 60 Senators takes place to see if there are 60 Senators who want to end debate. That is called cloture. That is what we will be voting on at noon. That is the very definition of a filibuster, under our rules.…





