What to know about Senator Booker's overnight speech

The Democratic base has howled for weeks at congressional Democrats to "fight" and stand up to President Donald Trump.

Sen. Cory Booker, D-N.J., tried to address that with his overnight speech, railing against Trump and Elon Musk.

What you are also seeing is a proxy battle for the eventual fight to succeed Senate Minority Leader Chuck Schumer, D-N.Y. Schumer isn’t going to be ousted anytime soon, but moves like this by Booker are ways that senators with high aspirations make a mark and win the support of their colleagues.

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Late Senate Majority Leader Harry Reid, D-Nev., gave a similar stemwinder of a speech when he was the whip. That won Reid plaudits from his Democratic colleagues.

Booker began speaking around 7 p.m. ET Monday. The question is whether this constitutes a "filibuster" or is just a really long speech. From a parliamentary standpoint, a long speech does not necessarily constitute a filibuster.

A filibuster is used to block or delay something on the floor, and it may not require a speech at all. The filibuster is sometimes misconstrued, thanks to Hollywood and "Mr. Smith Goes to Washington."

Technically, Booker is not delaying anything. The Senate had no pending debate or vote to get to right away. So, he’s actually not filibustering; he’s just making a long-winded speech.

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The Senate voted last night to overcome a filibuster on the nomination of Matt Whitaker to become Ambassador to NATO. By rule, opponents have up to 30 hours to burn before the Senate must vote to confirm him. The Senate was expected to confirm Whitaker today, but that vote was not on the books yet. So, technically Booker had until 1 a.m.-ish Wednesday to speak. By rule, the Senate would automatically vote on confirming Whitaker. That’s why this wasn't TECHNICALLY a filibuster. 

The Senate allows for virtually unlimited debate, so Booker is taking advantage of that prerogative. 

If Booker wants to maintain the floor, he must remain standing at all times. Otherwise, he could lose control of the floor. 

Note that Booker did not speak the entire time. Sen. Chris Murphy, D-Conn., has given Booker a periodic time out. Murphy himself gave an all-night speech about guns in 2016. He is also someone to watch as a potential, eventual successor to Schumer. 

In order to keep the floor, Booker has occasionally yielded to Murphy "for a question." Yielding "for a question" allows a senator to keep control of the floor. Murphy has then enjoined Booker by also giving rather lengthy speeches - so long that there is an interrogative at the end. 

In Senate terms, this is akin to calling in a relief pitcher from the bullpen for a batter or two. Kind of like a double switch. In baseball, a manager occasionally pulls a pitcher, brings someone in from the bullpen and puts the original pitcher in a fielder’s position - then returns them to the mound after a batter. That keeps the original pitcher in the game. 

Thus, Booker remains "in the game."

Late Sen. Strom Thurmond, R-S.C., holds the record for the longest filibuster: 24 hours and 18 minutes on a piece of civil rights legislation in 1957. 

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However, Thurmond’s filibuster was "wind assisted." There was no television or social media. Most reporters didn’t realize he had been on the floor all night until the next day. He left the floor to use the restroom. Get a sandwich. Allowed Senate Majority Leader Lyndon Johnson, D-Texas, to pass bills by unanimous consent and swear-in a new senator. 

But because watchful eyes weren’t on the Senate, no one called Thurmond on it.