On Monday, S. 223, the Senate electronic filing bill was blocked for a third time, this time by Sen. John Ensign who offered an amendment that would require outside organizations filing ethics complaints to disclose their funding sources. This non-germane amendment did not originate from Ensign’s offices.
Sunlight has learned that last week Democratic offices were given a Unanimous Consent agreement that would have allowed the Senate to move to S. 223 only if they agreed to take up a an amendment identical to the one introduced on Monday by Senator John Ensign. The consent agreement came from none other than the offices of Sen. Mitch McConnell, whom the Sunlight Foundation has targeted as a culprit in covering up the identity of the anonymous Senators previously blocking the bill. That the “McConnell amendment” is now being offered by Senator Ensign comes as no surprise to long time McConnell watchers, who are well aware that when it comes to reform, McConnell is often hiding behind the scenes, pulling all the strings. .
The document shows that the effort to block S. 223 originates not from the offices of Sen. Ensign but from the Minority Leader’s office. So, McConnell wasn’t hiding the identity of a fellow senator, he was hiding himself!
Today, the Sunlight Foundation launched a new campaign to reveal which senator is blocking passage of the Senate Campaign Disparity Act (S. 223). If you’ve been following this story here you know that twice this bill - which would require senators to file their campaign finance reports electronically - has been blocked by an anonymous Republican senator who is being hidden by Sen. Mitch McConnell. In his home state of Kentucky we are launching a billboard and a Web site to force McConnell to reveal the name of the anonymous senator. The Louisville Courier-Journal and the Politico have already picked up the story. Check out What’s McConnell Hiding? for more details or continue reading below the fold. We have a number of ways for you to get involved.
Sometimes senators admit that they are holding a particular piece of legislation. In this case, Sen. Jon Kyl (R-AZ) admitted that he is the one blocking passage of the OPEN Government Act, a FOIA improving bill cosponsored by Sens. Pat Leahy (D-VT) and John Cornyn (R-TX). Kyl states that the bill would require the Justice Department to release sensitive data related to law enforcement and that the "uncharacteristically strong" opposition to the bill from Justice is reason enough to block the bill. According to the AP, the Justice Department is concerned about "a section that would eliminate exemptions allowing the government to deny access to privileged or law-enforcement sensitive information." Sen. Leahy assailed the hold that Kyl is using to block the bill, "This is a good government bill that Democrats and Republicans alike can and should work together to enact. It should be passed without further delay." The same goes for the Senate Campaign Disparity Act (S. 223). If Kyl can fess up to holding an open government bill then Mitch McConnell can cough up the names of the anonymous senators blocking S. 223 from passing.
What is it with bills that create more open and transparent government and secret holds? Last week, a Republican senator placed a secret hold on the OPEN Government Act, a bill that would expand and fill the holes in FOIA. OPEN is cosponsored by Senators Pat Leahy (D-VT) and John Cornyn (R-TX), who have pushed for greater FOIA rights for some time now. As soon as they get the ability to pass the bill someone in Cornyn's party blocks it. We know that the secret hold comes from a Republican because it came through the leadership. This is yet another instance of Sen. Mitch McConnell (R-KY) hiding the identity of a secret holder. Josh at the Seminal has put together a list of senators to call and ask if they placed the secret hold. If you have a moment you should stop by and give your senator a call. Openthegovernment.org, Public Citizen, and the Federation of American Scientists have also put out a call to arms to unmask the secret holder. Do your part and make the call. If they can't end the practice of secret holds anytime soon than we may as well make the secrecy obsolete by unmasking the secret senator every single time.
On Monday, Sen. Dianne Feinstein (D-CA) asked Minority Leader Mitch McConnell (R-KY) to help her pass S.223, the Senate campaign finance electronic filing bill. McConnell has been abetting a Republican objection to the bill by refusing to reveal information about who in his party does not approve of this no-brainer legislation. While McConnell states that Republican Senators want to offer amendments to the bill he also refuses to identify and describe these amendments. Feinstein is committed to passing this bill and McConnell has said that he supports it. McConnell must meet with Sen. Feinstein to work together to pass this bill without poison pill amendments. Feinstein's letter asks for McConnell to identify to her the amendments that Republican Senators wish to offer. If they have the kind of support that S.223 has than they could be added. If they are controversial, they should go through the regular committee process. This is very simple and fair. Read the letter:
The Winston-Salem Journal stands up for openness while Sen. Mitch McConnell and Republican Senators, including the two North Carolina Senators Elizabeth Dole and Richard Burr, continue to block S.223 from passing in a clean, amendment-free fashion. McConnell and a few Republican Senators want to amend the bill to prevent its passage. The Winston-Salem Journal write that the objecting Senator, or Senators, should go "public with his or her objections." What McConnell and his cohort need to understand is that objecting to a bill may be a Senate tradition, "But to do so anonymously is cowardly, and to do so while professing not to be the blocker is deceitful." Tell Mitch McConnell - (202) 224-2541 - to release the names of the objectors and to make any and all amendments available to the public now.