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January 25, 2011

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Geoff

I think you've hit the nail on the head when you say "If a possible director had some flaw or had ideas that made too many Senators uncomfortable, that person would not be confirmed, or more likely - would not even be put forward into the confirmation process."

At this point in time, there is no possible director mutually acceptable to the President and a fillibuster-proof majority of the Senate; ergo, no director has been nominated. In point of fact, even if there is a hypothetical director who would be acceptable, their nomination could be stalled out in the byzantine inner workings of the Senate by a single Senator who disagreed.

Having a Senate-confirmed director is a well-designed example of "checks and balances", but given that the current mood and inclination of the Senate is ill-suited to exercising this power, I can hardly fault them for running without a director in the meantime.

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