Sens. John Warner and Jim Webb have forged a close working relationship. Although their disagreements on specific issues reflect differences between Republicans and Democrats, the Virginians know where partisanship stops and cooperation starts. For instance, they have broken the logjam regarding judicial selection.
The process for filling federal judgeships had failed. The White House and Congress shared the blame. We will not recount the dreary details here, except to say that too many Republicans and too many Democrats seemed to enjoy picking fights. They collectively forgot that the point is to place talented individuals on the bench. Several months ago things began to change, at least regarding federal positions in Virginia. The Bush administration nominated candidates from lists assembled by Warner and Webb. The senators subsequently reiterated their support. Nominees received favorable receptions.
The non-confrontational approach resulted in Steven Agee's ascent to the United States Court of Appeals for the 4th Circuit. A former Republican member of the House of Delegates, Agee served on the Virginia Supreme Court. President Bush nominated him in March of this year; the Senate confirmed him in May. The system worked.
The status of David Novak offers another opportunity for Washington to heed its better angels. Last fall Bush nominated Novak to a federal district judgeship located in Virginia. Warner and Webb have endorsed Novak, who boasts sterling professional credentials. Novak is a true public servant. He led the prosecution of Zacarias Moussaoui in a trial that sets the appropriate standards in difficult cases regarding terrorism. The circumstances reminded Americans beset by tribunals and other dubious practices that dedicated prosecutions can (1) co-exist with constitutional safeguards and (2) complement the rule of law. During the protracted process, Novak virtually gave himself to the job -- and to his country. Justice was done. There are many reasons the American Bar Association gives Novak its highest rating.
This week could prove crucial to Novak, to the federal courts, and to political decency. Judicial nominations not confirmed before Congress' summer recess likely will die. Precedent indicates the Senate would not approve selections in an administration's closing days. Democrats anticipating victory in November would not be inclined to vote for GOP nominees. Republicans have no basis for complaint. As the 2000 election approached, the Senate GOP stopped even considering Bill Clinton's judicial picks.
We believe the window for comity in 2008 remains open (at least for the time being). Patrick Leahy, chairman of the Judiciary Committee, treated Agree fairly. Novak deserves similar courtesy. Another public embrace from Warner and Webb would not hurt, either. The important thing is to see David Novak confirmed.


digg it
Save This Page