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.
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Editor’s Corner
By Ed Kilgore
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January 30: Revocation of Funding Freeze a Promising Sign for Democrats
I was very closely watching the saga of OMB’s disastrous effort to freeze funding for a vast number of federal programs, and wrote about why it was actually revoked at New York.
This week the Trump administration set off chaos nationwide when it temporarily “paused” all federal grants and loans pending a review of which programs comply with Donald Trump’s policy edicts. The order came down in an unexpected memo issued by the Office of Management and Budget on Monday.
Now OMB has rescinded the memo without comment just as suddenly, less than a day after its implementation was halted by a federal judge. Adding to the pervasive confusion, White House Press Secretary Karoline Leavitt immediately insisted on Wednesday that the funding freeze was still on because Trump’s executive orders on DEI and other prohibited policies remained in place. But there’s no way this actually gets implemented without someone, somewhere, identifying exactly what’s being frozen. So for the moment, it’s safe to say the funding freeze is off.
Why did Team Trump back off this particular initiative so quickly? It’s easy to say the administration was responding to D.C. district judge Loren AliKhan’s injunction halting the freeze. But then again, the administration (and particularly OMB director nominee Russell Vought) has been spoiling for a court fight over the constitutionality of the Impoundment Control Act that the proposed freeze so obviously violated. Surely something else was wrong with the freeze, aside from the incredible degree of chaos associated with its rollout, requiring multiple clarifications of which agencies and programs it affected (which may have been a feature rather than a bug to the initiative’s government-hating designers). According to the New York Times, the original OMB memo, despite its unprecedented nature and sweeping scope, wasn’t even vetted by senior White House officials like alleged policy overlord Stephen Miller.
Democrats have been quick to claim that they helped generate a public backlash to the funding freeze that forced the administration to reverse direction, as Punchbowl News explained even before the OMB memo was rescinded:
“A Monday night memo from the Office of Management and Budget ordering a freeze in federal grant and loan programs sent congressional Republicans scrambling and helped Democrats rally behind a clear anti-Trump message. Senate Minority Leader Chuck Schumer blasted Trump as ‘lawless, destructive, cruel.’
“D.C. senator Patty Murray, the top Democrat on the Appropriations Committee, warned that thousands of federal programs could be impacted, including veterans, law enforcement and firefighters, suicide hotlines, military aid to foreign allies, and more …
“During a Senate Democratic Caucus lunch on Tuesday, Schumer urged his colleagues to make the freeze “relatable” to their constituents back home, a clear play for the messaging upper hand. Schumer also plans on doing several local TV interviews today.”
In other words, the funding freeze looks like a clear misstep for an administration and a Republican Party that were walking very tall after the 47th president’s first week in office, giving Democrats a rare perceived “win.” More broadly, it suggests that once the real-life implications of Trump’s agenda (including his assaults on federal spending and the “deep state”) are understood, his public support is going to drop like Wile E. Coyote with an anvil in his paws. If that doesn’t bother Trump or his disruptive sidekick, Elon Musk, it could bother some of the GOP members of Congress expected to implement the legislative elements of the MAGA to-do list for 2025.
It’s far too early, however, to imagine that the chaos machine humming along at 1600 Pennsylvania Avenue will fall silent even for a moment. OMB could very well issue a new funding-freeze memo the minute the injunction stopping the original one expires next week. If that doesn’t happen, there could be new presidential executive orders (like the ones that suspended certain foreign-aid programs and energy subsidies) and, eventually, congressional legislation. Democrats and Trump-skeptical Republicans will need to stay on their toes to keep up with this administration’s schemes and its willingness to shatter norms.
It’s true, nonetheless, that the electorate that lifted Trump to the White House for the second time almost surely wasn’t voting to sharply cut, if not terminate, the host of popular federal programs that appeared to be under the gun when OMB issued its funding freeze memo. Sooner or later the malice and the fiscal math that led to this and other efforts to destroy big areas of domestic governance will become hard to deny and impossible to rescind.