Posted on 01/27/2004 9:13:26 PM PST by Jean S
For months now, Senate Democrats have wanted a scalp in the Judiciary Committee memos investigation.
If Republicans can be pressured into firing one of their own for leaking the documents, Democrats the aggressors in the fight over the presidents judicial nominees will be able to portray themselves as victims.
You remember the memos. They were from Democratic staffers to Sens. Richard Durbin (Ill.) and Edward Kennedy (Mass.), and they discussed Democratic strategies for blocking the presidents judicial nominees.
When they were leaked to the Wall Street Journal editorial page last November, the memos revealed just how closely Senate Democrats worked with outside interest groups like People for the American Way and the NAACP Legal Defense Fund.
The memos showed that Democrats didnt simply listen to the groups concerns, they
tried hard to do the groups bidding.
After the leak, Democrats went into classic damage-control mode, accusing Republicans of hacking into Democratic computers, stealing the documents and then giving them to the press, in violation of Senate rules.
Senate Judiciary Committee chairman Orrin Hatch (R-Utah) agreed to Democratic demands for a wide-ranging investigation, and soon the sergeant at arms was seizing computer hard drives and questioning dozens of people.
Some of it seemed a little unnecessary. Right off the bat, the Republican staffer who originally found the Democratic memos told investigators he did it simple as that.
And since the memos were on the committees computers, available to anyone who clicked on them, no one had to break into any computer, or break any laws, to read them.
Whats more, theres a good argument to make that giving the memos to the press did not violate the Senates Rule 29.5, which bars the disclosure of secret or confidential business or proceedings of the Senate, including the business and proceedings of the committees, subcommittees, and offices of the Senate. That apparently means stuff like the minutes of a closed hearing, or FBI material on a nominee not a staffers memo to a senator.
Still, Republicans displayed exceptionally poor judgment in peeking at the memos. Whoever did it will have to be punished in some way.
But if the non-illegal, non-rule-breaking leak warranted a major investigation, why shouldnt the actions cited in the Judiciary memos themselves be the subject of another inquiry?
Investigators might ask, for example, whether a senator or his staff tried to influence the outcome of a pending case in a federal court.
That seems to be a reasonable inference one can draw from an April 17, 2002, memo from a staffer to Kennedy detailing how the NAACP Legal Defense Fund asked Democrats to delay the nomination of Julia Scott Gibbons to the 6th Circuit Court of Appeals while the University of Michigan affirmative-action case ran its course.
Even the author of the memo admitted to being a little concerned about the propriety of scheduling hearings based on the resolution of a particular case.
When presented with Democratic demands for an investigation into the leak, Republicans might instead have demanded a two-track probe: one into the leaks, the other into the Gibbons-6th Circuit matter.
Instead, the GOP gave Democrats what they wanted.
Now, with the investigation winding down, well soon know whether Democrats will get the scalp they wanted, too.
Theres been a lot of talk about that scalp belonging to Manuel Miranda, an aide to Majority Leader Bill Frist (R-Tenn.) and a former aide to Hatch. Although his is not a household name, Miranda is a tempting target for Democrats.
Hes one of Senates top-ranking Hispanic staffers, and he did extensive work on the hard-fought appeals-court nomination of Miguel Estrada.
Building support for Estrada, Miranda met with more than 20 Hispanic organizations. He made more than 100 appearances on Spanish-language radio and television, and he attended Spanish-language events on behalf of Frist. Rep. Mario Diaz-Balart (R-Fla.), an ally of Mirandas, calls him sharp, effective, honorable, decent and hardworking.
The work for Estrada, even though it ultimately failed in the face of a Democratic filibuster, helped Republicans build new ties to Hispanic groups. Getting rid of Miranda would damage that new GOP-Hispanic relationship. Having Miranda gone also would help Democrats in the event that President Bush nominates a Hispanic to the Supreme Court.
Conservatives know all that, and this week a number of groups on the right are getting in touch with the Senate Republican leaders, warning them, in the words of one conservative, that unless there is a bombshell in the report, we think it would be reckless and cowardly and politically tone deaf to have a scapegoating among conservatives in the Senate.
But the issue is much larger than any scapegoat. If the memos leak merited the intense investigation that has been going on for months, then certainly the behavior described in the memos deserves scrutiny as well.
Its only fair.
Byron York is a White House correspondent for National Review. His column appears in The Hill each Wednesday. E-mail: byork@thehill.com |
SOS, different day...
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