Feinstein hits back at criticism over Senate absence, provides no timetable for return

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Senate Defense
Sen. Dianne Feinstein, D-Calif., questions Chairman of the Joint Chiefs of Staff Gen. Mark Milley and Secretary of Defense Lloyd Austin as they testify before the Senate Appropriations Committee Subcommittee on Defense, Tuesday, May 3, 2022, on Capitol Hill in Washington. (Amanda Andrade-Rhoades/The Washington Post via AP, Pool) Amanda Andrade-Rhoades/AP

Feinstein hits back at criticism over Senate absence, provides no timetable for return

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Sen. Dianne Feinstein (D-CA) released a statement Thursday pushing back on suggestions that her absence has stalled President Joe Biden’s judicial nominations and made no mention of when she might return to the Senate.

The 89-year-old senator, who has been absent from the Senate since March when she was hospitalized with shingles, said in a statement “there has been no slowdown” on judicial confirmations with her gone.

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“The Senate continues to swiftly confirm highly qualified individuals to the federal judiciary, including seven more judicial nominees who were confirmed this week,” she said in the statement.

Feinstein sits on the Senate Judiciary Committee, which is tasked with vetting the president’s judicial nominees before they go to the Senate floor for full confirmation. The statement points out that the committee has advanced eight district and circuit court nominees in her absence.

But, without Feinstein present, the committee is evenly split between Republicans and Democrats, and with nominees needing a majority to make it out of the committee and onto the Senate floor for full confirmation, those who would garner no Republican support currently sit in limbo.

“While the Senate Judiciary Committee has advanced eight strong nominees during my absence, I’m disappointed that Republicans on the committee are blocking a few from moving forward,” she said.

In the statement, Feinstein did say she is “confident” that when she returns to the Senate, they will be able to advance the remaining judicial nominees. Still, she provided no timetable for her return.

On Tuesday, a Politico photographer snapped a picture of Senate Majority Leader Chuck Schumer’s (D-NY) notes at a press conference that said he had spoken with Feinstein on Monday, and they are both “hopeful she can return next week.”

Feinstein is set to retire at the end of this Congress but has faced mounting pressure from within her own party to resign before then. On Tuesday, Rep. Alexandria Ocasio-Cortez (D-NY) said on social media she believes Feinstein “should retire” and her refusal to do so “is causing great harm to the judiciary.”

Fellow “squad” member Rep. Rashida Tlaib (D-MI) also called for her resignation, saying in a tweet last week, “Sen. Feinstein must step down.

“Because Sen. Feinstein was absent, Republicans are passing legislation through the Senate, undermining the right of our residents to breathe clean air,” the tweet read. “And with a far-right judiciary targeting our human rights, we are unable to confirm judges.”

Feinstein’s fellow California Democrat, Rep. Ro Khanna, has also called for her to resign, tweeting, “It’s time for Senator Feinstein to step down gracefully.”

Amid the calls for her resignation, Feinstein has garnered some support. Sen. Chuck Grassley (R-IA) told CNN it’s “a shame” people have been calling on her to resign.

“They’re picking on somebody that’s older, and it just doesn’t show the proper respect,” Grassley said. “So, let’s just leave it this way. They should leave her alone. She’s sick.”

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Feinstein has rejected the calls for her resignation, saying in April she would instead step down from the Judiciary Committee and have Schumer name a replacement. But Senate Republicans blocked the Democrat’s attempt to replace her on the committee.

The campaign to replace Feinstein as the next senator from California is in full force, with three sitting House members already in the race.

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