As the furor over the Harriet Miers nomination has grown, I’ve been wondering when somebody would finally produce an insider account of how, mechanically, the choice was made. Sure, there are plenty of theories, but not much in the way of actual information.That changed today. While it’s not exactly a tick-tock account, John Fund in the Wall Street Journal provides a peek behind the veil, and in particular helps us understand why the White House seemed to be blind-sided by the powerfully negative reaction.Read it yourself, but the basic story line is this: the moment John Roberts was nominated to become Chief Justice, Bush and his staff decided O’Connor’s replacement would be a woman. Miers started the usual intensive vetting process for the women on the short list. Andy Card suggested to Bush that Miers herself be considered. Bush agreed. Card ordered Miers’ deputy, William Kelley (who had just been hired) to carry out a quiet vetting of Miers “behind her back.” Kelley soon came back with a green light. Card formally proposed her nomination to Bush; POTUS signed off; Laura Bush jumped on board. Card told the rest of the staff, and angrily overrode objections. Total secrecy about the pick was imposed. It was announced according to a rigid schedule, and then all hell broke loose.The two things that really stand out about this account are:(1) Where was the Helmsman, Karl Rove in all this? Fund doesn’t say, though there’s a lot of circumstantial evidence kicking around that the post-decision political vetting of Miers was even more haphazard than the vetting of her qualifications for the Court. Is this because Rove was distracted by other tasks (e.g., overseeing Katrina recovery and trying to avoid an indictment)? Or was it because nobody, even Rove, wanted to raise objections about an appointment to which Bush was very committed personally? Or, worse yet, did Rove simply think he could quickly sell Miers to conservatives on grounds of the usual Machine loyalty, underestimating the growing unhappiness of the Right with W.’s overall performance? All of these factors may have come into play.(2) Card’s back-door vetting of Miers by her own deputy almost guaranteed a sloppy process. As Fund points out, the conflicts-of-interest this step imposed on Kelley were formidable–investigating his own boss behind her back for a position that might pave the way to his own promotion, knowing all the while the risks of becoming the messenger who would be shot for bearing bad news about Bush’s close friend. And presumably, Kelley had to do a lot of this on his own, without the resources or time available to Miers in her own, official vetting process. That’s the big irony here: the famously process-obsessed perfectionist Miers got her big break from a process that glaringly diverged from her own standards.And the price she and the White House are paying for that lapse in discipline grows higher every day.I normally wouldn’t quote from one of those columns now sequestered by the New York Times as “premium content,” but David Brooks today penned a pitiless dissection of Miers’ columns for the Texas Bar Journal in the early ’90s that illustrates the kind of material a serious vetting of her would have revealed. He supplies paragraph after paragraph of samplings from “the largest body of public writing we have from her,” and even aside from Miers’ mangled syntax and a fatal addiction to passive verb constructions, it’s not a pretty sight. (My own favorite: “When consensus of diverse leadership can be achieved on issues of importance, the greatest impact can be achieved.” Word up.)As Brooks himself concludes: “I don’t know if by mere quotation I can fully convey the relentless march of vapid abstractions that mark Miers’ prose. Nearly every idea is vague and depersonalized. Nearly every debatable point is elided.”And so it goes, another predictably negative revelation about a nominee whose main distinguising features are her work habits, a genial personality, and a devotion to church, family and most of all W.My gut feeling is that Bush let her down by exposing her to this ridicule. And though it’s hard to tell at this point, he may be exposing Harriet Miers and himself to a humiliating experience in the Senate.
TDS Strategy Memos
Latest Research from:
Editor’s Corner
By Ed Kilgore
-
December 18: Democratic Strategies for Coping With a Newly Trumpified Washington
After looking at various Democratic utterances about dealing with Trump 2.0, I wrote up a brief typology for New York:
The reaction among Democrats to Donald Trump’s return to power has been significantly more subdued than what we saw in 2016 after the mogul’s first shocking electoral win. The old-school “resistance” is dead, and it’s not clear what will replace it. But Democratic elected officials are developing new strategies for dealing with the new realities in Washington. Here are five distinct approaches that have emerged, even before Trump’s second administration has begun.
If you can’t beat ’em, (partially) join ’em
Some Democrats are so thoroughly impressed by the current power of the MAGA movement they are choosing to surrender to it in significant respects. The prime example is Senator John Fetterman of Pennsylvania, the onetime fiery populist politician who is now becoming conspicuous in his desire to admit his party’s weaknesses and snuggle up to the new regime. The freshman and one-time ally of Bernie Sanders has been drifting away from the left wing of his party for a good while, particularly via his vocally unconditional backing for Israel during its war in Gaza. But now he’s making news regularly for taking steps in Trump’s direction.
Quite a few Democrats publicly expressed dismay over Joe Biden’s pardon of his son Hunter, but Fetterman distinguished himself by calling for a corresponding pardon for Trump over his hush-money conviction in New York. Similarly, many Democrats have discussed ways to reach out to the voters they have lost to Trump. Fetterman’s approach was to join Trump’s Truth Social platform, which is a fever swamp for the president-elect’s most passionate supporters. Various Democrats are cautiously circling Elon Musk, Trump’s new best friend and potential slayer of the civil-service system and the New Deal–Great Society legacy of federal programs. But Fetterman seems to want to become Musk’s buddy, too, exchanging compliments with him in a sort of weird courtship. Fetterman has also gone out of his way to exhibit openness to support for Trump’s controversial Cabinet nominees even as nearly every other Senate Democrat takes the tack of forcing Republicans to take a stand on people like Pete Hegseth before weighing in themselves.
It’s probably germane to Fetterman’s conduct that he will be up for reelection in 2028, a presidential-election year in a state Trump carried on November 5. Or maybe he’s just burnishing his credentials as the maverick who blew up the Senate dress code.
Join ’em (very selectively) to beat ’em
Other Democrats are being much more selectively friendly to Trump, searching for “common ground” on issues where they believe he will be cross-pressured by his wealthy backers and more conventional Republicans. Like Fetterman, these Democrats — including Senators Bernie Sanders and Elizabeth Warren — tend to come from the progressive wing of the party and have longed chafed at the centrist economic policies advanced by Barack Obama, Hillary Clinton, and, to some extent, Joe Biden and Kamala Harris. They’ve talked about strategically encouraging Trump’s “populist” impulses on such issues as credit-card interest and big-tech regulation, partly as a matter of forcing the new president and his congressional allies to put up or shut up.
So the idea is to push off a discredited Democratic Establishment, at least on economic issues, and either accomplish things for working-class voters in alliance with Trump or prove the hollowness of his “populism.”
Colorado governor Jared Solis has offered a similar strategy of selective cooperation by praising the potential agenda of Trump HHS secretary nominee, Robert F. Kennedy Jr., as helpfully “shaking up” the medical and scientific Establishment.
Aim at the dead center
At the other end of the spectrum, some centrist Democrats are pushing off what they perceive as a discredited progressive ascendancy in the party, especially on culture-war issues and immigration. The most outspoken of them showed up at last week’s annual meeting of the avowedly nonpartisan No Labels organization, which was otherwise dominated by Republicans seeking to demonstrate a bit of independence from the next administration. These include vocal critics of the 2024 Democratic message like House members Jared Golden, Marie Gluesenkamp Perez, Ritchie Torres, and Seth Moulton, along with wannabe 2025 New Jersey gubernatorial candidate Josh Gottheimer (his Virginia counterpart, Abigail Spanberger, wasn’t at the No Labels confab but is similarly positioned ideologically).
From a strategic point of view, these militant centrists appear to envision a 2028 presidential campaign that will take back the voters Biden won in 2020 and Harris lost this year.
Cut a few deals to mitigate the damage
We’re beginning to see the emergence of a faction of Democrats that is willing to cut policy or legislative deals with Team Trump in order to protect some vulnerable constituencies from MAGA wrath. This is particularly visible on the immigration front; some congressional Democrats are talking about cutting a deal to support some of Trump’s agenda in exchange for continued protection from deportation of DREAMers. Politico reports:
“The prize that many Democrats would like to secure is protecting Dreamers — Americans who came with their families to the U.S. at a young age and have since been protected by the Deferred Action for Childhood Arrivals program created by President Barack Obama in 2012.
“Trump himself expressed an openness to ‘do something about the Dreamers’ in a recent ‘Meet the Press’ interview. But he would almost certainly want significant policy concessions in return, including border security measures and changes to asylum law that Democrats have historically resisted.”
On a broader front, the New York Times has found significant support among Democratic governors to selectively cooperate with the new administration’s “mass deportation” plans in exchange for concessions:
“In interviews, 11 Democratic governors, governors-elect and candidates for the office often expressed defiance toward Mr. Trump’s expected immigration crackdown — but were also strikingly willing to highlight areas of potential cooperation.
“Several balanced messages of compassion for struggling migrants with a tough-on-crime tone. They said that they were willing to work with the Trump administration to deport people who had been convicted of serious crimes and that they wanted stricter border control, even as they vowed to defend migrant families and those fleeing violence in their home countries, as well as businesses that rely on immigrant labor.”
Hang tough and aim for a Democratic comeback
While the Democrats planning strategic cooperation with Trump are getting a lot of attention, it’s clear the bulk of elected officials and activists are more quietly waiting for the initial fallout from the new regime to develop while planning ahead for a Democratic comeback. This is particularly true among the House Democratic leadership, which hopes to exploit the extremely narrow Republican majority in the chamber (which will be exacerbated by vacancies for several months until Trump appointees can be replaced in special elections) on must-pass House votes going forward, while looking ahead with a plan to aggressively contest marginal Republican-held seats in the 2026 midterms. Historical precedents indicate very high odds that Democrats can flip the House in 2026, bringing a relatively quick end to any Republican legislative steamrolling on Trump’s behalf and signaling good vibes for 2028.