Washington (CNN) – In a rare, private meeting with nearly all 100 senators Monday night, the upper chamber failed to come up with a deal to avert the so-called nuclear option—a partisan threat by Senate Majority Leader Harry Reid that would eliminate filibusters for executive-branch nominees.
But after the nearly four-hour meeting, senators said Reid and Senate Republican Leader Mitch McConnell are expected to keep talking before a Tuesday deadline.
“The night is late,” Reid told reporters, not long before 10 p.m. ET. “We've had a very good conversation. That conversation is going to continue tonight.”
Senators left Capitol Hill with a sense that a solution would be found soon, before the Senate votes Tuesday morning to proceed with two Cabinet member nominees and five appointees to agency posts. Republicans have stalled the confirmation process for months.
"I think this will come to a head tomorrow. It was a very, very good discussion,” said Sen. John Boozman, R-Arkansas. “I think this was a good step."
While Democrats control the Senate, they don't have the 60 votes necessary to break a GOP-led filibuster. Reid would use the “nuclear option” to change the rules in order to prevent filibusters of executive branch nominations, allowing them to be confirmed on a simple majority vote of 51.
The Nevada Democrat has been warning Republicans that if they continue blocking some of Obama's Cabinet and agency picks, he will make the drastic move without their consent. Such a move would bring sharp opposition from Republicans, who have threatened to block other legislation as a consequence.
As they exited the Old Senate Chamber, senators said a large chunk of their colleagues spoke at Monday night’s meeting, which was held in the iconic Old Senate Chamber at the request of Republicans.
Sen. Max Baucus, D-Montana, said there was a lot of “angst” in the room but described the meeting as “the most bipartisan discussion we’ve had in a long time."
According to Sen. Jay Rockefeller, D-West Virginia, the relations between Reid and McConnell were “very good.”
“They spent most of the time listening,” he added. While no deal was reached Monday night, the five-term senator said “there is a better understanding.”
“I felt like people were far closer together the further we went along,” Rockefeller said.
McDonnell’s spokesman, Don Stewart, said in a statement that “a clear bipartisan majority in the meeting believed the Leaders ought to find a solution. And discussions will continue.”
Sen. Mike Johanns, R-Nebraska, also said the mood remained “good.”
“We're all adults and professionals,” he said.
Republican Sens. John Cornyn of Texas and Bob Corker of Tennessee also said there was a willingness to let the leaders hunker down and resolve the issue. Asked if it was possible to avoid the nuclear option, Cornyn said, “I think it is. I think we’re in a little bit better position than we were before.”
Not everyone felt encouraged Monday night, however. Sen. Lamar Alexander, R-Tennessee, said he didn’t “feel very good” about the gathering.
"I'm glad we had the meeting, I appreciated it. But there are too many senators who don't understand the danger of the precedent of a Senate that could change the majority anytime it wants to, to do anything it wants to,” he said. “Imagine what we Republicans would do in a year-and-a-half if we were in the majority."
At issue is a disagreement over three of the nominees–two for the National Labor Relations Board and one to head the Consumer Financial Protection Bureau. They were tainted in the minds of Republicans because they originally had been nominated as "recess appointments" by Obama – even though senators said they were in session.
Republicans have remained steadfast against confirming them until the Supreme Court decides if the recess appointments were constitutional, something the high court is considering.
Reid and Sen. John McCain engaged in quiet negotiations over the weekend and got close to averting the nuclear option but failed to seal the deal, sources in both parties told CNN.
If Democrats proceed with the nuclear option, Republicans will protest the change by slamming the brakes on other action in the Senate, according to current and former senior Senate aides from both parties.
McCain told Reid he found the six Republican senators needed to join Democrats in breaking filibusters of the nominations, giving Democrats a key part of what they want: approval of Richard Cordray to run the Consumer Financial Protection Bureau.
In exchange, the president would have to agree to withdraw the two NLRB recess nominees: Sharon Block and Richard Griffin. The NLRB, which hears and rules on labor disputes, is one of the most politically polarized institutions in Washington.
But Reid told McCain he couldn't go along with the idea because they could not find replacements willing to go through what will surely be a politically rough nomination for an NLRB term that would be up in 2014, according to sources in both parties.
Should the Senate go ahead with the nuclear option, the poisoned atmosphere could stall passage of several important items moving through Congress like tax reform, judicial nominations, government spending bills and a debt ceiling increase. Even a relatively modest rewrite of student loan laws could be in jeopardy, meaning students headed to school this fall would have to pay higher interest rates.
But Democrats say the pain will only be temporary.
A top Democratic aide said, "The immediate aftermath will be messy. The GOP will shut down the Senate and they will keep it locked down until there are tangible impacts from inaction. Only then, when people start to realize that their lawmakers are not working on the farm bill, immigration, budget and other issues, will they pick up the phone and call their lawmakers."
While the measure would only apply to executive branch nominees, Republicans argue Democrats would try to expand the option to other votes.
Reid said the change he is proposing is "very minimal," applying only to Cabinet and executive branch positions.
"This is not judges, this is not legislation - this has allowing the people of America to have a president who can have his team in place," Reid said on NBC's "Meet the Press." "This is nothing like what went on" in 2005.
Appearing later on the same program, McConnell seemed to tamp down some of the spite. Three days after saying Reid would be remembered as the worst Senate leader ever, McConnell said Reid was "a reasonable man, he's a good majority leader."
– CNN's Dana Bash contributed to this report.
Quit talking and ACT. This Senate is worthless with McConnell and Reid as leaders. They have failed the people of this nation.
Can anybody just put Harry Reed to sleep, oh he is? Dont wake him up
It's wonderful to think that maybe, according to McConnell, that Reid "... is a good majority leader." That's not the problem. The problem is that McConnell is an abysmal Senator, and even less qualified as a minority leader. He's the man standing in the way of any progress for the American People, standing firmly beside his associate, John Boehner. Let's face it, we all KNOW which party is the party of NO!
Ae you kidding me? The GOP doesn't negotiate or compromise. Have some guts Dems!
Boy am I surprised to hear nearly 100 senators are worthless and couldn't get this done.
"If Democrats proceed with the nuclear option, Republicans will protest the change by slamming the brakes on other action in the Senate...." This would be nothing new. That's all the Republicans do–slam the brakes on almost all action. They will do that whether they get what they want on this issue or not.
Oh I get it, this isn't like what we did to bush, it is different, now it the republicans trying to do it lol
McConnell should be thrown into jail.
Dig a hole and kick dirt on 'em.
This article suggests there actually is legislation that hasn't been neutered, hamstrung or outright blocked by Senate Republicans. Now that is news.
All games and nothing is getting done, what a shame. Reid, Boehner, the whole lot are good at this. I look forward to Reid complaining about the GOP using the "nuclear option" when they next control the Senate (whenever that may be).
The symbol of the GOP shouldn't be an elephant, it should be a bathroom stall.
What's good in 2005 should still be good in 2013. What's the problem? There should be consequences of an election, and why only in the last 5 years is EVERYTHING a fillibuster?? They should be required to stand for 13 hours with no breaks or off-topic conversations (Like Wendy in TX) if they want a fillibuster!!!
And this is what our government has come to? We are sooo doomed!
Please what ever you all do don't do what is good for the country
2014 is not far off now all this will be remembered
They'll reach an agreement on the filibuster deal as soon as they can find some other way to do nothing and get paid for it.
I'm not sure which is more deplorable: McConnell and the GOP's continual complete abuse of the Filibuster to the harm of America, or the complicity of Reid to keep going along with it and only pretending to be taking action to stop it.
just how in hell do all 100 of our elected senators have a "private meeting?"
Watch out harry. They're just sharpening their knives to stick 'em in your vertebrae.
I would not believe one word uttered by Mitch McConnell. When this is all said and done, it will be an extension of his vow to obliterate anything proposed by the Obama administration. He would like to believe that the last two elections never happened.
So when is the GOP going to figure out there are consequences for obstructionism? Before November 2014, or sooner...
McConnell was right the first time he spoke of Reid
The headline is needlessly long. You could have stopped at "Senators fail" and just recycle it over and over every day.
It's about time to use the nuclear option because rebublicans are not interested governing. They are a bunch of little kids who have other priorities than doing the right thing to this country.I m just tired of their games to hurt this country by any means necessary.