Mier's Withdraws?
Harriet Mier has now withdrawn from consideration for the position of Associate Justice. The issue as to whether or not she would have been a "good" justice is now moot. The POD never saw enough to make a fair judgment (in contrast, the POD saw and heard enough of Roberts to be convinced that he may well prove to be not only "not bad" but in fact "good" to extraordinary). What is interesting is the letter that she sent and the reasons that she cited for pulling out. This letter appears to be very carefully crafted and had a single individual as its target -- Former White House Counsel and Current Attorney General Gonzalez. Mier (or her political Ghost writer -- perhaps the last gasp of a Karl Rove) stated that no White House Counsel could ever be approved by the current Senate as the papers being demanded could never be turned over without permanently crippling the Presidency and the White House Counsel's function as an advisor. Whether or not this is true (and whether or not she characterized the demand from the Senate correctly) is ultimately irrelevant. A position has now been set out and a basis for her pulling out has been established. If Gonzalez, subject to the same problem as a Former White House Counsel to the current Administration, were now submitted as a nominee, at least some commentators would (correctly) note this conflict and suggest that the Bush Administration was being, at best, inconsistent in its approach. The Bush Administration could not afford this further damage to its credibility.
Why do I suspect that someone is behind this (other than Bush)? Its pretty clear that Bush tends to pick people for high positions that have had significant prior relations with him. Some awfully average to below average people have had high positions in this administration solely because of their prior social relationships with the President. Gonzalez, in addition to having a moderate degree of competence, also has the strong prior social relationship. He is an obvious choice for Bush -- particularly as he has recently gone through a confirmation process and has few skeletons that matter. But he is a moderate and very clearly the ultra conservatives do not want him. They are afraid that he will not toe the ideological line. And thus, when they lost their stealth conservative nominee (Mier), they wanted to make sure that she was not replaced with someone more liberal.
Why do I suspect that someone is behind this (other than Bush)? Its pretty clear that Bush tends to pick people for high positions that have had significant prior relations with him. Some awfully average to below average people have had high positions in this administration solely because of their prior social relationships with the President. Gonzalez, in addition to having a moderate degree of competence, also has the strong prior social relationship. He is an obvious choice for Bush -- particularly as he has recently gone through a confirmation process and has few skeletons that matter. But he is a moderate and very clearly the ultra conservatives do not want him. They are afraid that he will not toe the ideological line. And thus, when they lost their stealth conservative nominee (Mier), they wanted to make sure that she was not replaced with someone more liberal.