Obama to oppose Bush immigration pick after Halloween flap 
Lieberman "inclined" to support Myers for top ICE post; Akaka reconsidering
Democratic presidential contender Sen. Barack Obama (D-IL) would not vote to confirm President Bush's controversial pick to head the Department of Homeland Security's Immigration and Customs Enforcement agency, a spokeswoman for Obama's Senate office told RAW STORY.
Julie Myers, who was named as a recess appointment to the top ICE post by the president in 2006, is under fire for her role in awarding a prize to a white department employee who wore dark makeup, dreadlocks and a prison costume to an agency Halloween party. As RAW STORY revealed last week, Myers also took a "planted" question from an ICE public relations staffer at her first public press conference as chief of the agency. Mixed with opposition from many conservatives for being 'too soft' on immigration, the Myers nomination is now facing uncertain prospects in a potential vote by the full Senate.
"Senator Obama will not support the nomination of Julie Myers to head the Immigration and Customs Enforcement agency," spokeswoman Amy Brundage said in an email last week. "He has serious concerns that her recent lapses in judgment are indicative of a larger problem in her leadership."
Obama, who sits on the Senate Committee on Homeland Security and Governmental Affairs, did not participate in a Sept. 26 committee vote that forwarded the Myers nomination to the Senate floor. Sen. Claire McCaskill (D-MO) was the sole 'no' vote in the 8-1 decision.
As reported by the Associated Press, Myers had earlier appeared to have eased some Democratic fears about her experience, but the Halloween flap reignited concerns among lawmakers.
McCaskill took steps to place a "hold" on the nomination, a move her press secretary, Adrianne Marsh, told RAW STORY was designed to make certain that Myers sufficiently answered questions about her Halloween role before a vote could be taken. She stressed, however, that the hold was not intended to be indefinite.
"Sen. McCaskill wants to ensure that she has an opportunity to talk with her colleagues. Many of them have indicated that they are potentially changing their positions," said Marsh, adding that McCaskill would definitely be opposing Myers. "If and when the vote comes to the floor, she will be requesting an up or down vote so she can be on the record opposing the nomination of Julie Myers."
Marsh underscores that a "vast majority" of McCaskill's concerns about the the Myers nomination have to do with her belief that the ICE chief is not taking a tough enough stance against employers who hire undocumented workers. "The Halloween incident simply layered on," said the spokeswoman.
One key legislator who is apparently not considering a change in position is Sen. Joe Lieberman (I-CT), who chairs the Senate Committee on Homeland Security. Lieberman spokeswoman Leslie Phillips confirmed earlier reports that the senator was "inclined" to support Myers even though he believed she had displayed a "lack of judgment" about the Halloween costume. "Overall, she had a good record and that one incident should not disqualify her," said Phillips, describing Lieberman's position. "The senator was very impressed that the [American Federation of Government Employees union] supported her."
Sen. Daniel Akaka (D-HI), who also sits on the Homeland Security committee -- but abstained from the committee's vote on Myers in September -- is less convinced. "Senator Akaka has not committed to a position on a potential floor vote, but says that the Halloween incident unfortunately merits
reconsideration of her nomination," Akaka's press secretary, Jesse Broder Van Dyke, told RAW STORY. "Senator Akaka agrees with Secretary
Chertoff's assessment that the costume was completely unacceptable."
A Senate vote on the Myers nomination is yet to be scheduled, Jim Manley, a spokesman for Senate Majority Leader Harry Reid (D-NV) confirmed. He added that "what steps if any" toward that end will be decided by leadership this week. Reid has previously indicated he has "serious concerns" with the nomination and is currently conferring with colleagues.
Republican Sen. Kit Bond (R-MO) surprised many last month when he made public statements opposing Myers following the Halloween affair-- but recently changed his mind on the subject after meeting with ICE officials. "Julie Myers and those involved at ICE made a serious mistake in judgment, but she apologized, took corrective action, and now has the support and confidence of the Association of African Americans in the Department of Homeland Security as well as senior leadership," Bond told AP. The senator is a second cousin to Myers' husband.
The offices of other key Senate Democrats, including four Democratic members of the Senate Committee on Homeland Security, did not respond to requests for comment on the Myers nomination. A spokesman for Sen. John Tester (D-MT) said Tester was out of the country last week and unavailable for comment.
In addition to criticisms of her role in the Halloween incident, Myers has been dogged by allegations that she doesn't have the experience to head the ICE, as well as charges that her appointment was fueled by cronyism. She is the niece of former chairman of the Joint Chiefs of Staff Richard Myers, and her husband is a US attorney who once served as chief of staff to Homeland Security Secretary Michael Chertoff.
Myers has sought to downplay her direct involvement in judging the Halloween costume.
In a letter detailing her actions, provided to RAW STORY by McCaskill's office, Myers contends that she had "limited interaction" with the costumed employee in question, and agreed on presenting the award to that particular individual only after her fellow judges pointed out that someone from the "operations" side of ICE should receive an award.
"At the time, he was the only 'operations' employee that was brought to my attention," wrote Myers of the employee. "After a discussion that lasted at most 15 seconds, I was handed a list of the three awardees, stood up, and quickly announced the winners...I left the room for a few minutes and went up to my office (one floor above), but returned to take a photo with the winners, including this employee."
Myers maintains that she did not immediately realize the employee was wearing makeup, and adds that the photo was later destroyed because she believed she had made an "error in judgment in recognizing an escaped prisoner."
Julie Myers' response to Sen. McCaskill's Halloween inquiry is available in pdf here.
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