Harriet Miers: "Are You Talkin' to Me?"

This terrifically gossipy article, by Peter Baker of the Washington Post, sheds some light on how we wound up with Harriet Miers as our Supreme Court nominee. (Gavel bang: The Buck Stops Here.)

You should read the piece in its entirety, but here are the juiciest parts, with commentary added by A3G. For comic effect, and for purposes of this post only, A3G has adopted a negative viewpoint on the Harriet Miers nomination. In reality, A3G is still mulling over the nomination of Harriet Miers.

So think of this snarky post as the Bush v. Gore of blogging: it's good for one ride only. Or think of this post as an unpublished or non-precedential opinion (at least until FRAP 32.1 takes effect): the negativity expressed herein towards the nomination of Harriet Miers (and the people responsible for it) is not binding upon A3G in future posts.

In other words, the comments below are delivered jokingly; they do not reflect A3G's serious views on the Harriet Miers nomination. In fact, A3G might very well issue a ringing endorsement of Harriet Miers at some point in the future. (And if and when A3G does come out in favor of the nomination, please do not cite anything in this post back at her.)

With the foregoing disclaimers and caveats in mind, let's go to Baker's article. It begins as follows:

About two weeks ago, White House Chief of Staff Andrew H. Card Jr. told presidential counsel Harriet Miers to add another name to the Supreme Court selection process she was leading. The new candidate: Harriet Miers.

"What, do you mean me?" she asked, according to a colleague.

Translation: "Whatchoo talkin' 'bout, Willis?" And in light of her credentials and experience, Harriet Miers had every right to be surprised. If only she had just said no!

The article continues:

Shortly after nominating John G. Roberts Jr. in July for the first opening on the court, the officials said, Bush and Card began discussing Miers to fill the next vacancy that opened. Card even launched a secret vetting process last summer to investigate Miers -- assigning her own deputy to do the digging behind her back.

That deputy would be William K. Kelley, who has made frequent appearances in the pages of UTR. Professor Kelley, a member of the Elect (OT 1988/Burger/Scalia), is clearly a legal genius. But has his time in the ivory tower of Notre Dame Law School deprived Professor Kelley of his common sense and grasp on reality? He unfortunately failed to perceive that the prospect of Justice Harriet Miers was fit for a Bad Idea Jeans sketch on Saturday Night Live.

Actually, it gets worse. Professor Kelley may have actually suggested Harriet Miers as a nominee:

[After John G. Roberts was nominated to replace Justice Sandra Day O'Connor], deputy White House counsel William K. Kelley suggested to Card that Miers ought to be considered for the next seat that opened. "It began to be kicked around in a small circle of people," the official said. With Bush's approval, Card and Kelley began the secret vetting, looking at Miers's public work.

A message to Professor Kelley: "Okay, fine, so you wanted to suck up to your famously difficult boss (or maybe get her out of the White House Counsel's office, so you no longer have to deal with her). And what better way to curry favor with your boss by saying, 'You know what, Harriet? You'd make a great Supreme Court justice!' But Bill, couldn't you have just gotten her flowers -- or maybe some real pretty balloons? Why did you have to drag the entire country, and the future of the United States Constitution, into your brown-nosing effort?"

Back to the chronology, as set forth in the Post article:

[After Chief Justice Rehnquist died and John Roberts was named the Chief Justice nominee, leaving Justice O'Connor's seat to fill], some of those considered during the first round dropped off the radar screen. Judge Edith Brown Clement of the U.S. Court of Appeals for the Fifth Circuit was scratched because she did not impress the White House during interviews for the seat that went to Roberts, according to sources close to the process. Judge J. Harvie Wilkinson III of the Fourth Circuit all but killed his chances because he talked about his July interview with Bush in the New York Times.

Very, very juicy! This is primo gossip. In the event that a third vacancy arises, consider Happy Happy Joy Joy out of the running -- and the Aging Divo completely blackballed.

With first lady Laura Bush urging that a woman be named to fill O'Connor's seat, the White House put six women on the short list of 12 to 15 candidates.

Aides said Bush had been dwelling on advice from Senate Judiciary Chairman Arlen Specter (R-Pa.) and others to consider candidates with real-world lawyering experience, not just those from the appellate bench....

Uh-oh -- we should have seen Harriet Miers coming from a mile away...

So when Specter and three other top senators came to the White House for breakfast with Bush on Sept. 21, the stage was set for Miers. Senate Minority Leader Harry M. Reid (D-Nev.) may have helped seal the deal by recommending Miers during the breakfast, according to aides on both sides. Reid told Bush that Miers "is worthy of consideration," said the senator's spokesman, Jim Manley.

After Senator Reid's remark, President Bush -- with his approval ratings buffeted by Iraq and Hurricane Katrina fall-out -- saw the chance to score a layup of a confirmation (or what he thought would be a layup of a confirmation). The process, unfolding with the inevitability of a train wreck, entered the final stage:

Bush sat down with Miers in the Oval Office that same day for the first of four conversations in which she was the interviewee instead of the interviewer. Miers was stunned at first.

"We said, 'Well, Harriet, look at your résumé. Is that the résumé of someone you would recommend the president consider?' " recalled the senior official. "And she said, 'Yes.' "

Say what!?!? Are you kidding??? Disgraced ex-FEMA chief Michael Brown is arguably more qualified than Harriet Miers -- at least he had prior judicial experience!

So, for those of you who just skimmed this somewhat lengthy post, here's the executive summary: Harriet Miers deemed Harriet Miers to be qualified to sit on the Supreme Court.

Could someone please tell Harriet Miers to stop hogging the bong? Ever since her nomination was announced on Monday morning, some of us have been having a really rough time of it. A3G could use a good toke right now!*

* This remark is offered in jest; A3G neither endorses nor engages in illegal drug use. Alcohol consumption and retail therapy, however, are other matters entirely...

Comments

[O-Man]

I've heard from someone who knows Kelley that this is exactly what Kelley would say if he had been the first to suggest her, given the reaction to the nomination.

[Andrew]

We've got this linked at confirmthem. You are BAD.

[Amy Allen]

Good post.