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Thursday, October 27, 2005

Miers withdraws.

Just as I had given up on expecting a withdrawal from Miers she withdraws:
Harriet Miers withdrew her nomination to be a Supreme Court justice Thursday in the face of stiff opposition and mounting criticism about her qualifications.

President Bush said he reluctantly accepted her decision to withdraw, after weeks of insisting that he did not want her to step down. He blamed her withdrawal on calls in the Senate for the release of internal White House documents that the administration has insisted were protected by executive privilege.

"It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House -- disclosures that would undermine a president's ability to receive candid counsel," Bush said. "Harriet Miers' decision demonstrates her deep respect for this essential aspect of the constitutional separation of powers -- and confirms my deep respect and admiration for her."

Miers' surprise withdrawal stunned Washington on a day when the capital was awaiting news on another front -- the possible indictment of senior White House aides in the CIA leak case.

Miers told the president she was withdrawing at 8:30 p.m. Wednesday. In her letter dated Thursday, Miers said she was concerned that the confirmation process "would create a burden for the White House and our staff that is not in the best interest of the country."

She noted that members of the Senate had indicated their intention to seek documents about her service in the White House in order to judge whether to support her nomination to the Supreme Court. "I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy," she wrote.

"While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue."
So he used the Krauthammer strategy of relying on the impasse over the documents.

Ah, so we don't have Miers to kick around anymore.

But what now? Can he find another Roberts or will he satisfy the conservatives who've been insisting on someone who really is openly another Scalia or Thomas?

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