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The Vulnerable Nominee
Townhall ^ | 10/20/05 | Robert Novak

Posted on 10/19/2005 11:42:02 PM PDT by freespirited

WASHINGTON -- George W. Bush's agents have convinced conservative Republican senators who were heartsick over his nomination of Harriet Miers to the Supreme Court that they must support her to save his presidency. But that does not guarantee her confirmation. Ahead are hearings of unspeakable ugliness that can be prevented only if Democratic senators exercise unaccustomed restraint.

Will the Judiciary Committee Democrats insist on putting under oath two Texas judges who are alleged to have guaranteed during a conference call of Christian conservatives that Miers would vote to overturn Roe v. Wade? Will the Democrats dig into Miers's alleged interference nine years ago as Texas Lottery Commission chairman intended to save then Gov. Bush from political embarrassment?

Officials charged with winning Miers's confirmation told me neither of these issues is troublesome, but in fact they suggest incompetence and neglect by the White House. To permit a conference call with scores of participants hearing close associates of the nominee predict her vote on abortion is incompetent. To nominate somebody implicated in a state lottery dispute in the past without carefully considering the consequences goes beyond incompetence to arrogant neglect.

President Bush was not originally prepared for the negative reaction from the Republican base when he nominated White House Counsel Miers, his longtime personal attorney. Former Republican National Chairman Ed Gillespie, leading the confirmation campaign, over two weeks convinced skeptics that Miers is conservative enough. Whatever her qualifications, dubious Republican senators after hearing from Gillespie decided they could not deny his chosen court nominee to a president on the ropes. Bush has solidified Republican support not because he is strong but because he looks weak.

Miers remains so shaky, however, that she may not be able to survive confirmation hearings that go beyond sparring over how much of her judicial philosophy she will reveal. That is why John Fund's column in Monday's Wall Street Journal chilled the president's backers. He reported a conference call with religious conservatives Oct. 3, the day the Miers nomination was announced, that indicated a lack of White House control over the process.

Fund wrote that Texas Supreme Court Justice Nathan Hecht and U.S. District Judge Ed Kinkeade, on the conference call, flatly predicted that their friend Miers would rule against Roe v. Wade. Although the two jurists deny that, I checked with two sources on the conference call who confirmed Fund's version. That raises the possibility of bringing two judges under oath before the Senate committee to grill them on what they said and what Miers told them.

The possibility of the Lottery Commission controversy being the subject of confirmation hearings is even more daunting for the White House. The story now is only being printed in alternative publications, such as the Dallas Observer of Oct. 13. These reports recalled the lawsuit brought by Lawrence Littwin alleging that Chairman Miers fired him as the Lottery Commission's executive director because he had uncovered corruption involving Gtech, the lottery management firm.

Littwin's federal suit claimed Miers protected Gtech because its lobbyist, former Lt. Gov. Ben Barnes, as Texas House Speaker had pushed Bush ahead of other applicants for the Texas Air National Guard during the Vietnam War. Democrat Barnes had been silent until a 1999 deposition by him said he had pushed young Bush to the head of the line. Barnes, who received from Gtech $3 million a year and $23 million in separation pay, told me that the Bush Air National Guard story has "absolutely nothing" to do with his settlement. Littwin is silent under terms of a $300,000 settlement ending his suit. Former Texas Chief Justice John Hill, a member of the Lottery Commission at the time, told me: "There is no substance at all to these charges." Miers handled the case "with care and judiciousness," Hill added.

Whether Barnes and Littwin will be subpoenaed to rehash these charges is in the hands of Judiciary Chairman Arlen Specter. The White House saved him from defeat in the 2004 Pennsylvania Republican primary and did not try to keep him from becoming chairman this year. But nobody expects Specter to grant forbearance for the president's lawyer.


TOPICS: News/Current Events
KEYWORDS: benbarnes; harrietmiers; littwin; miers; novak; scotus; supremecourt
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1 posted on 10/19/2005 11:42:02 PM PDT by freespirited
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To: freespirited
Bush has solidified Republican support not because he is strong but because he looks weak.

Why is Bush going to the mat over the mediocre Miers? Ego trumps logic.

2 posted on 10/19/2005 11:58:44 PM PDT by Maynerd
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To: Stellar Dendrite; nerdgirl; Ol' Sparky; Map Kernow; Betaille; Pessimist; flashbunny; Itzlzha; ...

Who in the heck is this know-nothing bob novak trying to fool? There's no way this nobody could have inside washington info!


3 posted on 10/20/2005 12:02:22 AM PDT by flashbunny (What is more important: Loyalty to principles, or loyalty to personalities?)
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To: flashbunny
It's not inside info..I have been giving you the posts all week that the pubbies have supported the hearings but you have ignored it.

It's on the Senators web pages and has been in the rags for crying out loud.

4 posted on 10/20/2005 12:11:58 AM PDT by Earthdweller (Proud right-winger who loves this country)
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To: freespirited
George W. Bush's agents have convinced conservative Republican senators who were heartsick over his nomination of Harriet Miers to the Supreme Court that they must support her to save his presidency.

The Senators should be more concerned with saving their own necks. Future employment or higher political aspirations may be tied to what kind of judge Miers would become.

5 posted on 10/20/2005 12:16:26 AM PDT by Ol' Sparky
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To: Ol' Sparky

The Senators should be more concerned with saving their own necks. Future employment or higher political aspirations may be tied to what kind of judge Miers would become.




They better pray to God (or for them the stacks of cash they worship) that she does not turn out to be Souter in a skirt if they confirm her. 2008 will not be pretty.


6 posted on 10/20/2005 12:26:06 AM PDT by trubluolyguy (I am conservative. That is NOT the same thing as Republican. Don't place party over ideology!)
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To: flashbunny
Who in the heck is this know-nothing bob novak trying to fool?

He is trying to FOOL the other pundit elitisits who have the HEADS in their BUTTS. Aand if you object to this nomination you are blackmailing the Republican party. The party has been LOYAL to te cause, and liostening to critics will cause your HAIR to fall out. If you UNAPPEASABLES would just go awy and shut up. The party can WIN without the likes of KOOKS like Buchannan and Limbaugh who don't pick the nominee the PRESIDENT does. Your arguments are illogical crap. Grow up and blow away you ignorant fools.

7 posted on 10/20/2005 12:39:29 AM PDT by Cboldt
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To: freespirited

In the case of Bush, step in doo doo and then demand that your sidekicks wipe it off. Hmmm. Wonder if they will lower themselves.


8 posted on 10/20/2005 12:39:37 AM PDT by taxesareforever (Government is running amuck)
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To: Ol' Sparky
I'm sorry, but I have to feel sorry for you guys.

You have been so convinced that you could influence this pick by making a lot of noise from day one.

You have totally ignored the fact that this President is head strong and will use his executive privilege and constitutional right to the fullest.

9 posted on 10/20/2005 12:41:59 AM PDT by Earthdweller (Proud right-winger who loves this country)
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To: trubluolyguy
They better pray to God (or for them the stacks of cash they worship) that she does not turn out to be Souter in a skirt if they confirm her. 2008 will not be pretty.

If she gets confirmed, we're not going to know by 2008 what kind of justice she is. Her true colors as a justice will start to show one way or the other once the new president comes in.

10 posted on 10/20/2005 12:49:49 AM PDT by ellery (The true danger is when liberty is nibbled away, for expedience, and by parts. - Edmund Burke)
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To: ellery

If she gets confirmed, we're not going to know by 2008 what kind of justice she is. Her true colors as a justice will start to show one way or the other once the new president comes in.




So she won't get to rule on anything for the next three years?

What are you saying?


11 posted on 10/20/2005 12:52:52 AM PDT by trubluolyguy (Now qualified to be Secretary of Defense.)
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To: ellery
If she gets confirmed, we're not going to know by 2008 what kind of justice she is.

Oh puhleeze. We know exactly what kind of justice she is. There is no doubt. Open your eyes, she's a female justice.

Signed,
Far right, unappeasable, sexist extortionist.

/sarc

12 posted on 10/20/2005 1:10:39 AM PDT by Cboldt
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To: flashbunny
Who in the heck is this know-nothing bob novak trying to fool? There's no way this nobody could have inside washington info!

You know, he is just another one of those closet liberal "talking heads" who have neve penned anything in support of Conservative values!

They are all phonies and traitors!

We should put our trust in Harriet instead! < /_sarcasm>

13 posted on 10/20/2005 4:50:16 AM PDT by SkyPilot
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To: trubluolyguy; taxesareforever; Earthdweller; SkyPilot; Cboldt; flashbunny; Stellar Dendrite; ...
To: Daaave

"Well here you are on FR as of 2004. But you know 'Bush bots' eh?"

I bought a couple of PEG's books in years ago.

She won't be able to depend on me as a customer again.

Good luck writing for the RATS, PEG.

123 posted on 10/20/2005 2:32:05 AM EDT by A Citizen Reporter

LMAO.

14 posted on 10/20/2005 5:12:25 AM PDT by Do not dub me shapka broham ("We don't want a Supreme Court justice just like George W. Bush. We can do better.")
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To: SkyPilot
LOL! The guy below now works for the ACLU.


15 posted on 10/20/2005 5:53:00 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: SkyPilot

Oh BTW, the only(whom you think) "omnipotent" person who you pictured, that has ever been elected to a public office, now works for the ACLU.


16 posted on 10/20/2005 5:56:43 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: freespirited

Miers is toast.

Fatally, Bush has made conservatism toast also, totally wiping out all that Reagan had done and setting our nation on a course of disaster as Bush's multiple failures will assure Hillary Clinton as president--the conservatives stay home in 2008.


17 posted on 10/20/2005 6:08:52 AM PDT by Dont_Tread_On_Me_888 (Bush's #1 priority Africa. #2 priority appease Fox and Mexico . . . USA priority #64.)
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To: SkyPilot

Outstanding!


18 posted on 10/20/2005 6:09:42 AM PDT by Dont_Tread_On_Me_888 (Bush's #1 priority Africa. #2 priority appease Fox and Mexico . . . USA priority #64.)
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To: Dont_Tread_On_Me_888; SkyPilot; flashbunny
Fatally, Bush has made conservatism toast also, totally wiping out all that Reagan had done and setting our nation on a course of disaster as Bush's multiple failures will assure Hillary Clinton as president--the conservatives stay home in 2008.

I will nominate you for your conservative drama queen antics, hereby named the "jellybean"(due to President Reagan's fondness of that candy).

Your competitors for the "jellybean" for 2005 are robert bork, george will, bill kristol, michelle malkin, phyllis schafley, cal thomas, david frum, ann coulter, paul weyrich, pat buchanan, and bob barr.

19 posted on 10/20/2005 7:06:52 AM PDT by Dane ( anyone who believes hillary would do something to stop illegal immigration is believing gibberish)
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To: Dane

I support Bush. I am disappointed but support this nomination.

Bush's prior record on judicial nominations is not merely good. It is outstanding. So I wonder ... Why would he nominate a clearly mediocre Meirs?

I'll speculate: Bush's team reasons that Stevens is 85 and unlikely to make it to the end of Bush's term. How does that change the calculus of this whole controversy? I'll speculate again: Appoint Harrient Meirs, who Bush knows will be a reliable conservative vote; and husband political capital for what will be the greatest political battle of the last quarter-century.

The point is that there may be issues about which we are not fully aware that are having a practical and immediate impact on Bush's decision-making.


20 posted on 10/20/2005 8:06:41 AM PDT by drellberg
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