Bush has only himself to blame

One question about Harriet Miers that’s never been clear is how, exactly, she got nominated in the first place. With a White House filled with successful political operatives, who thought this was a good idea? The Washington Post noted today that one person was instrumental.

President Bush bypassed his own selection process to pick Miers, his onetime personal lawyer and White House counsel since February. […]

As Bush thought about the next opening he would have to fill, he focused increasingly on Miers…. It was a back-channel process. Since Miers was in charge of the selection apparatus, White House Chief of Staff Andrew H. Card Jr. instructed Miers’s deputy, William Kelley, to secretly vet her. She was not told she was a candidate until two weeks before her nomination, and no one had done a thorough search of her background to turn up past writings and speeches that would later become public.

Bush repeatedly defended Miers in the week after her nomination by saying, “She’s my pick.” Apparently, he meant that quite literally. Left to his own devices, the president believed a mediocre lawyer with no record or accomplishments was the most qualified person in the entire country for the Supreme Court. It’s worth taking a moment to consider what that tells us about the president.

Six years ago, Americans seemed to realize that George W. Bush was a simple man with neither intellectual curiosity nor expertise in any area of public policy. Voters were assured, however, there was no cause for concern — he’d be surrounded by capable and experienced advisors. But in the case of a high court vacancy, Bush ignored advice, relied on his so-called “instincts,” and made the call.

In this sense, this fiasco is a helpful reminder, in case there was any doubt, of just how few clothes the emperor really has.

In the LA Times today, Jonathan Chait notes that Rove played almost no role at all in the Miers debacle, which only helps to reemphasize the president’s dependence on his “architect,” despite efforts by the right to downplay the significance of their relationship.

The reason conservatives have been so invested in downplaying Rove’s influence, of course, is that the notion of an all-powerful advisor speaks poorly of the president. One book-turned-documentary labeled Rove “Bush’s Brain.” If Rove is Bush’s brain, then Bush doesn’t have much of a brain of his own, and Republicans don’t like that idea one bit.

Republicans don’t have to like it, but that won’t change the truth.

The real scary part of this piece is what is implied but not said,” this is the man that has his finger on the nuclear trigger.————-Stand By–Iran
any Syria !!!!

  • I guess Laura isn’t a qualified substitute for Rove, but she is at least someone W can trust to be loyal. After all, no other qualification really matters much. W must be running scared. Who can he rely on to tell him how to maneuver his way successfully through all this messy stuff that presidents should be taking care of all the time?

  • I think Miers was a genuine choice of the presidents. I think he really did want her. And beause that is the case no one played devil’s advocate or the voice of reason. I don’t think this is part of some conspiracty to get somone “worse” (from the libraral perspective) on the court. You don’t put friends though what she went though just for the sake of gamesmanship. Maybe I am being silly but I do seriously think he wanted Miers on the court.

  • What George really meant was that Harriet Miers was “the most qualified person…..in the same room that I’m in. She has a law degree, she gives great backrubs, she laughs at all my jokes and agrees with everything I say. The perfect Supreme Court judge! Why can’t everybody just go along with me? Now I’ve got to go through the whole thing again and all this thinking is giving me a really bad headache!”

  • A conservative was berating me recently for not being upset by the “hypocrisy” of Dems who supported Miers, even though they felt that she wasn’t intellectually qualified for the job. He seemed to think that her intellectual qualifications should be more important than ideological ones.

    I asked him if he could think of any examples where he had supported a person who was ideologically alligned with his views, even though that person wasn’t intellectually competent for the job.

    He shut up immediately.

  • I think it might be a bit harsh to refer to Harriet Miers, who in many ways is another victim in this debacle, as “a mediocre lawyer with no record or accomplishments.” A look at Miers’s Wikipedia entry (http://en.wikipedia.org/wiki/Miers) reveals a fairly impressive list of awards and recognition, not all of which were dependent upon her position as Bush’s chief toady. Moreover, making her way to a position as managing partner of a large law firm itself establishes her as something more than “mediocre,” in my view. None of this, of course, undermines the fact that she was utterly unqualified for the Supreme Court, but a large gap exists between mediocrity and the nine keenest legal minds in the country (or, eight, as Thomas really doesn’t count). So, let’s not be too dismissive of Miers’s impressive credentials, despite the fact that her nomination was a terrible blunder on the part of the president.

  • When are you going to give it a rest, Carpetbagger?

    Here’s the biography of one of those unqualified supreme court justices you are so against:

    Biography of Earl Warren, Chief Justice of the United States.
    Warren attended the University of California at Berkeley and its law school. After serving a brief stint in the army during World War I, he worked for the Alameda County district attorney’s office for eighteen years.

    From 1938 to 1942, Earl Warren was attorney general of California and was then elected governor.

    Warren served three terms as governor of California and played a key role in Dwight Eisenhower’s nomination for the presidency in 1952. Eisenhower rewarded Warren with the Chief Justice position in 1953

    Just a mediocre lawyer? I’m sorry, but the resume that I’m looking at indicates she wasn’t mediocre at all.

    National Law Journal:

    Miers was one of 100 attorneys whose short biographies appeared in the NLJ’s “100 most influential lawyers” in the issue of June 12, 2000. Her fellow list members include Johnnie L. Cochran, Jr., David Boies and Kenneth R. Feinberg. This was Miers’ second appearance on this list. She also made the list in 1997.

    Legal Times

    Though Miers’ Texas firm served as a launching pad for her community and political activities, her legal practice had little of the glamorous or precedent-making federal cases that marked the career of now-Chief Justice John Roberts Jr.

    Miers wasn’t exactly a small-town lawyer. Her clients ranged from local Dallas businesses to — particularly in later years — major companies such as Microsoft Corp. and the Walt Disney Co. But, for the most part, her legal work was limited to the confines of the Lone Star State. And though her cases took her in and out of state and federal courts, most were settled at the negotiating table, rather than before a jury or a judge.

    Within the Dallas legal community, Miers was known as a hard-nosed litigator, straight as a slide rule and one of the go-to attorneys for out-of-state companies that had cases in Texas. Indeed, Miers’ career was defined less by a signature case or controversy than by a steady, accumulating devotion to her work and to the law.

    “You considered that their clients had hired heavyweights to come into the court, that they took the case seriously in hiring Harriet and her firm,” says Barbara Rosenberg, a former state judge who once won a case against Miers.

    The business world, however, was tough on Miers, at least at the start. When she graduated from law school at Southern Methodist University, in 1970, no firm in Dallas would hire her. After a two-year clerkship with federal district Judge Joe Estes, the firm then known as Locke, Purnell, Boren, Laney & Neely made a bold decision to make Miers its first female attorney.

    Miers soon came under the tutelage of then-name partner Stanley Neely, one of the firm’s lead litigators, for whom she handled a number of antitrust cases. Other lawyers in the firm often turned to Miers for assistance on federal cases because of her clerkship, says longtime Locke Liddell & Sapp partner Andrew Barr. In just six years, Miers made partner.

    Miers’ work also included a healthy amount of pro bono representation of the poor — a cause she later trumpeted in her bar leadership. In one 1981 case, Miers argued before the 5th U.S. Circuit Court of Appeals on behalf of a single mother who had been denied Social Security disability payments. Although the panel denied the appeal based on the limited medical evidence, it noted Miers’ “able” representation of her client.

    That merger brought the firm one of the biggest names in the legal business, former American Bar Association President Morris Harrell. With Harrell came one of Miers’ largest cases, says Jerry Clements, a litigation partner at Locke Liddell.

    Harrell was a friend of Microsoft’s then-General Counsel William Neukom, who turned to Locke Purnell in 1993 when a class action was filed in state court in Texas over alleged malfunctions in Microsoft’s MS DOS 6.0 operating system. The fight largely centered on the class certification. Over the next three years, Miers took depositions, examined witnesses and even argued an appeal. Her team eventually knocked down the action in 1996, when the lower court judge decertified the class just before the case was pending before the Texas Supreme Court.

    Yet, say attorneys who worked on the case, it was Miers’ organizational skills and work ethic that stood out.

    “Even though she was the senior lawyer on the case, I remember how she worked with us,” Clements says. “There were a couple of times when we had things that needed to be filed and we needed to work 48 to 72 hours straight. She was right there with the team.”

    That reputation brought Miers more prominent clients, as well. She won the confidence of Edward Nowak, general counsel at the Disney Co., who fed her a steady stream of work involving Disney trademarks, bankruptcy collections and labor matters, as well as a case for the Anaheim Angels, then owned by Disney, according to Thomas Connop, a longtime Locke Liddell partner.

    I just don’t get why so many have bought into this incompetence argument when the facts dispute it.

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