[NoLameDuck]

I have read the Memorandum that Warner sent to Frist which is referenced in the AP article published tonight. He suggests that all of the differences in the bills have been resolved.

Warner then objects to the desire by "a number of colleagues, almost all non-members of the defense committees" to attach nine or more "out-of-scope" bills to the conference report.

He then lists a number of precedents to his objections as follows. His words in quotes and my comments/questions in between the quotes:

"Section 102 or S.2349, The Legislative and Accountability Act of 2006 which passed the Senate on May 23, 2006 clearly expresses the views of the Senate that out-of-scope provisions are not to be included in conference reports"

So this was an agreement reached this year to prevent attachemnts? What happened?

"Rule 28 of the Standing Rules of the Senate make conference reports that include out-of-scope provisions subject to a point of order. (There is strong reason to believe a point of order will be raised should the conference report have out-of-scope bills attached.)"

"Riddick's Manual on Senate Procedure requires that a conference report have a majority of signatures of the conferees in order to be considered by the Senate. I know of three signatures on the Republican side, mine and two others, in opposition to including out-of-scope bills. There may be others who share our view."

Isn't this the meat of his threat? He says he won't sign.

"Further, the Ranking Member, Carl Levin, has given me a letter stating 'I am prepared to sign, a conference that conforms to the one that you and I have discussed, provided no out-of-scope bills are added to it.'"

"Consequently, there are not even sufficient signatures to effect a partisan Republican report, 13 signatures being required."

He then goes on to cite the Constitution, specifically a mandate in Article 1, Section 7 which says the Committee needs to raise and discipline the army and navy. He then closes with:

"Given the gravity of public concern for our Service persons today, and their families, especially those serving in Iraq and Afghanistan, I feel very strongly it is in the Nation's interest we continue this tradition of bipartisanship."

A pretty impressive rebuke of the Senate Majority leader.