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Location: Montgomery Area, Alabama, United States

Former BUFF driver; self-styled military historian; paid (a lot) to write about beating plowshares into swords; NOT Foamy the Squirrel, contrary to all appearances. Wesleyan Jihadi Name: Sibling Railgun of Reasoned Discourse

Thursday, October 27, 2005

Two for the Road

"guh-on girl.....GIT!"

Harriet Miers' two feet, that is....

Bush's greatest error in judgment (forgive the pun) has withdrawn her nomination to the Supreme Star Chamber. Now the President is free to appoint someone who, oh let's see... has a judicial philosophy, does not believe in racial and sexual preference quotas, can write a grammatical sentence....

The Presidents's statement:

Today, I have reluctantly accepted Harriet Miers' decision to withdraw her nomination to the Supreme Court of the United States. I nominated Harriet Miers to the Supreme Court because of her extraordinary legal experience, her character, and her conservative judicial philosophy. Throughout her career, she has gained the respect and admiration of her fellow attorneys. She has earned a reputation for fairness and total integrity. She has been a leader and a pioneer in the American legal profession. She has worked in important positions in state and local government and in the bar. And for the last five years, she has served with distinction and honor in critical positions in the Executive Branch.
I understand and share her concern, however, about the current state of the Supreme Court confirmation process. 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. 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. I am grateful for Harriet Miers' friendship and devotion to our country. And I am honored that she will continue to serve our Nation as White House Counsel. My responsibility to fill this vacancy remains. I will do so in a timely manner.

Ms Miers thus made the best judgment of her life. Charles Krauthammer called the "exit strategy" a couple of weeks ago:

Finally, a way out: irreconcilable differences over documents

That creates a classic conflict, not of personality, not of competence, not of ideology, but of simple constitutional prerogatives: The Senate cannot confirm her unless it has this information. And the White House cannot allow release of this information lest it jeopardize executive privilege.

Hence the perfectly honorable way to solve the conundrum: Miers withdraws out of respect for both the Senate and the executive's prerogatives, the Senate expresses appreciation for this gracious acknowledgment of its needs and responsibilities, and the White House accepts her decision with the deepest regret and with gratitude for Miers's putting preservation of executive prerogative above personal ambition.

What finally killed Miers? I think the final nail (as if one were needed) might have been this, or this. Mediocre thoughts expressed in execrable English.

But then, isolating the one thing that sank her nomination like this is like trying to identify the single shell that sank the Bismark.
<'obscure, gratuitous Star Trek quote'>"we killed thousands and they still came...."<'/obscure, gratuitous Start Trek quote'> It does no credit to the President that she remains his counsel.

As a staunch conservative strict constructionist on judicial issues, I have this to say to the Bush Administration: "from this point on, we'll be watching, closely. Take care and make the right choices."

(and he walked away singing) "Hit the road, Jill, an' don't go back to the Hill no mo'....."


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