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
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By Ed Kilgore
The federal government is going to shut down this weekend, barring some miracle. And Democrats really need to make sure Americans know exactly who insisted on this avoidable crisis. It’s the House GOP, as I explained at New York.
If you are bewildered by the inability of Congress to head off a government shutdown beginning this weekend, don’t feel poorly informed: Some of the Capitol’s top wizards are throwing up their hands as well, as the Washington Post reports:
“’We are truly heading for the first-ever shutdown about nothing,’ said Michael Strain, director of economic policy studies at the American Enterprise Institute, a right-leaning think tank. Strain has started referring to the current GOP House-led impasse as “the ‘Seinfeld’ shutdown,” a reference to the popular sitcom widely known as ‘a show about nothing.’ ‘The weirdest thing about it is that the Republicans don’t have any demands. What do they want? What is it that they’re going to shut the government down for? We simply don’t know.’”
That’s a bit of an exaggeration. Many House Republicans, led by a band of right-wing hard-liners, want to impose their fiscal and policy views on the nation despite the GOP’s narrow majority in the House. Their chief asset, beyond fanaticism, is that the federal government can’t remain open past the end of the fiscal year without the concurrence of the House, and they don’t really mind an extended government shutdown, if only to preen and posture. They are being encouraged in this wildly irresponsible position by their leader and likely 2024 presidential nominee Donald Trump.
But the hard-liners’ real motive, it seems, is to use the dysfunction they’ve caused in the House to get rid of Speaker Kevin McCarthy for being dysfunctional. The not-so-hidden plan hatched by Florida congressman Matt Gaetz is to thwart every effort by McCarthy to move forward with spending plans for the next fiscal year and then defenestrate him via a motion to vacate the chair, which just five Republicans can pass any time they wish (with the complicity of Democrats). Indeed, the Post reports the rebels are casting about for a replacement Speaker right now:
“A contingent of far-right House Republicans is plotting an attempt to remove Kevin McCarthy as House speaker as early as next week, a move that would throw the chamber into further disarray in the middle of a potential government shutdown, according to four people familiar with the effort who spoke on the condition of anonymity to discuss private talks.”
McCarthy’s tormenters would like to have a successor lined up who will presumably be even less inclined to compromise with Democrats than the current Speaker. And that’s saying a lot, since McCarthy has already bowed to the Gaetz demand that House Republicans reject even the idea of a continuing resolution — the stopgap spending measures used to forestall or end government shutdowns in the past — and instead plod through individual appropriations bills loaded with provisions no Democrat would ever accept (e.g., deep domestic spending cuts, draconian border policies, anti-Ukraine measures, and abortion restrictions). It’s a recipe for a long shutdown, but it’s clear if McCarthy moves a muscle toward negotiating with Democrats (who have already passed a CR in the Senate), then kaboom! Here comes the motion to vacate.
Some observers think getting rid of McCarthy is an end in itself for the hard-liners — particularly Gaetz, who has a long-standing grudge against the Californian and opposed his original selection as Speaker to the bitter end — no matter what he does or doesn’t do. In theory, House Democrats could save McCarthy by lending a few “no” votes to him if the motion to vacate hits the floor, but they’ve made it clear the price for saving him would be high, including abandonment of the GOP’s Biden impeachment inquiry.
So strictly speaking, the impending shutdown isn’t “about nothing”; it’s about internal far-right factional politics that very few of the people about to be affected by the shutdown care about at all. Understandably, most Democrats from President Biden on down are focusing their efforts on making sure the public knows this isn’t about “big government” or “politicians” or “partisan polarization,” but about one party’s extremism and cannibalistic infighting. For now, there’s little anyone outside the GOP fever swamps can do about it other than watch the carnage.