Picking another AG fight

Two short weeks ago, it looked as if the White House wanted to play nice when it came to replacing Alberto Gonzales. The NYT reported that the Bush gang had even gone so far as to ask Dems on the Senate Judiciary Committee for input on the next Attorney General nominee. “In the past,” Chuck Schumer said told the Times, “the White House has talked about consultation, but they were the most wooden conversations I ever had. This was the first time there was a real back and forth.”

See? Isn’t bipartisan cooperation fun? We can all get along!

Wait, scratch that. The White House had some real back and forth, but has narrowed its short list to two candidates who will almost certainly draw the Senate majority’s ire.

The White House is closing in on a nominee to replace Attorney General Alberto R. Gonzales, with former Solicitor General Theodore B. Olson considered one of the leading candidates, administration and Congressional officials said Tuesday.

Reports of Mr. Olson’s candidacy suggested that President Bush, in choosing the third attorney general of his presidency, might defy calls from Democrats and choose another Republican who is considered a staunch partisan to lead the Justice Department. Mr. Gonzales is departing after being repeatedly accused of allowing political loyalties to blind him to independently enforcing the law.

“Clearly if you made a list of consensus nominees, Olson wouldn’t appear on that list,” said Senator Charles E. Schumer, the New York Democrat who led the Judiciary Committee effort to remove Mr. Gonzales.

As recently as a few days ago, several news outlets ran a list of five candidates who were the most likely nominees, but three have reportedly bowed out of consideration, leaving Olson and George Terwilliger, a former deputy attorney general, with Olson reportedly the frontrunner for the job.

It’s as if the White House only knows how to call one play: pick a partisan loyalist, and in the process, pick a fight.

Olson, in particular, would be one of the more offensive nominees possible. Alberto Gonzales allowed politics and partisanship to corrupt the Justice Department. If the point is to improve the DoJ, it doesn’t make any sense to pick a notorious and shameless partisan to be the latest Attorney General who can’t separate political interests from the law.

The NYT report noted that the administration believes that Dems “will pay a political price if they try to block confirmation of a new attorney general. The thinking inside the White House is that Democrats cannot call for new leadership at the Justice Department, then block it.”

That’s painfully ridiculous. The White House’s argument, in this sense, would effectively be, “You wanted a change, so we’ve replaced one conservative partisan with another. Why are you complaining?”

Olson’s record is unambiguous. In the 2000 recount fiasco, it was Olson who represented Bush in Bush vs. Gore. Before that, Olson was on the board of directors for The American Spectator when the right-wing magazine launched its “Arkansas Project” — a multi-million dollar smear campaign financed by Richard Mellon Scaife to drag down Bill Clinton’s presidency through scandals, even if that meant making stuff up.

What’s more, when nominated as Solicitor General in 2001, Olson appears to have lied about his role in the anti-Clinton initiative. (The Senate voted to confirm him, 51-47, despite his past. He’d have a much tougher time if nominated for A.G.)

Olson would be an insult — which is probably why it’s so likely.

Stay tuned.

I still say Lavatory Larry for Attorney General!

  • If we’ve learned anything about George W. Bush, it’s that George W. Bush don’t learn nothin’. On Monday, Slate’s Dahlia Lithwick recapped the latest judicial nominations, reporting that Bush went out of his way to pick judges that the Senate wouldn’t agree to. As if 2006 changed nothing.

    http://www.slate.com/id/2173655/

    The bright side is that those nominees will not get confirmed, leaving a huge number of vacancies for the next president to fill. A better president.

  • Perhaps someone could suggest to Mr. Leahy that he schedule hearings on Olsen sometime after the administration has complied with all the outstanding subpoenas.

    Try saying this, Senator:
    “Really, I don’t see how we can proceed to evaluating a new Attorney General until we’re all clear on what the last one was up to. Surely, if the President wants his nominee to be confirmed, he can direct his staff to produce the documents and testimony required so that the process can move forward. We’ve been waiting for months to get his cooperation, and just as soon as he decides he wants to cooperate in a bipartisan manner, he can get the hearings to begin.”

  • biggerbox @ 3 – that’s a great suggestion!

    Bush is a bully – he likes to pick fights – it’s the only way he can feel like what he believes is a real man. It’s like he’s perpetually giving the finger to those he views as adversaries – and if that’s the way he wants to play, I think it’s time we returned the favor.

    Ted Olson is on the short list because he’s a true insider, guaranteed to serve as a bulwark against invasion of the truth-seekers, and well-placed to monkey with the elections. Any Democrat who suggests “it would only be for about a year, so let’s not fight over this” ought to be tarred and feathered. I’m sure Joe Lieberman – not a Democrat – will be out in front whining about the need to stop all this partisan bickering – I may have to start calling him “Rodney,” as in “can’t we all just get along?”

    Ugh.

  • Why would anyone expect anything different from this WH? Partisan politics has always ruled over competence.
    What I would like to know is how much worse has Alberto been screwing up the DoJ as a last ditch slap in the face of Dems. Just like sneaking in one more USA by the Patriot Act provision that allowed for appointment without senate confirmation on the last day the provision was still legal while the amendment to withdraw the provision sat on Bush’s desk to be signed, in spite of Gonzales’ promise not to appoint another USA, Gonzales has been collecting his salary doing what since announcing his resignation? Either he’s done nothing which is in stride with his ineptness or He’s tapped into his vindictive side and figured one last way to kick Dems for “causing” all his problems. I would like to know if he’s been just cleaning out his offices or been up to mischief. It bares noting.

    It was highly unlikely that Bush would recommend anyone for AG who would not continue to protect him the way Gonzales has. To Bush that is an AG’s main purpose and especially now since Bush has done everything in his power to halt investigations into his activities. Any other AG might be detrimental to the WH since that is where all probes have led.

  • Bush might just be playing a bad cop worse cop routine. “OK, don’t like my horrible nominee? Fine, here’s one who’s just awful”. The media bobbleheads then say: “Bush offers compromise on AG nominee”.

    And ANY Dem who at this point thinks that “getting along” with these people is a MORON. They are playing hardball, and a lot of Dems are still playing tiddliwinks.

    Enough is enough already.

  • he administration believes that Dems “will pay a political price if they try to block confirmation of a new attorney general. The thinking inside the White House is that Democrats cannot call for new leadership at the Justice Department, then block it.”

    And enough Dems in the Senate will believe it too, and go ahead and approve of this guy. The only way to stop this mess is to prove to the Dems that they actually WON’T pay a political price if they fight for the right side – or that they WILL pay a political price if they capitulate. Unfortunately, we only get to hold our Senators accountable once every six years.

    I weep for our democracy.

  • Bush must laugh his ass off at how the press and the Dems continue to fall for the left fake and catch the right hook every time. Why should he stop when it works? It’s like watching a Roadrunner or Bugs Bunny cartoon.

  • good, bad or otherwise, Olson will pass the Senate easily. First, he is an old guard DC insider – the next best thing to naming a Senator and the same pattern as John Roberts. He has a lot of old friends in the Old Boys Club. Second, if he gets named soon (i.e. still close to 9/11), BushCo can do the “you unpatriotic Democrats are picking on someone who lost his wife on 9/11!” It would be shameless, which is exactly why I think BushCo would use it.

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