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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April 18: Democrats Can Talk Tariffs and Foreign Dungeons At the Same Time
There’s a mini-debate among Democrats at the moment over the propriety of fighting against the deportation and imprisonment of Kilmar Abrego Garcia when other issues beckon, and I made my own thoughts known at New York:
As the story of the abduction, deportation, and detention of Kilmar Abrego Garcia plays out in El Salvador and U.S. federal courts, the politics of the situation are roiling many waters. For the most part, Republicans are following President Trump’s lead in wallowing in the misery of Abrego Garcia and other deportees; exploiting unrelated “angel moms” and other symbols of random undocumented-immigrant crimes; and blasting Democrats for their misplaced sympathy for the “wrong people.” Even as Team Trump risks a constitutional crisis by evading judicial orders to grant due process to the people ICE is snatching off the streets, it seems confident that public backing for the administration’s mass-deportation program and “border security” initiatives generally will make this a winning issue for the GOP.
For their part, Democrats aren’t as united politically on the salience of this dispute, even though virtually all of them object in principle to Trump’s lawless conduct. Most notably, California governor and likely 2028 presidential contender Gavin Newsom warned against dwelling on it, as The Bulwark reported:
“Asked to comment on the ongoing standoff between Trump, El Salvador, and the U.S. judicial system, Newsom scoffed. ‘You know, this is the distraction of the day,’ he said. ‘This is the debate they want. This is their 80-20 issue, as they’ve described it …’
“’Those that believe in the rule of law are defending it. But it’s a tough case, because people are really — are they defending MS-13? Are they defending, you know, someone who’s out of sight, out of mind in El Salvador? … It’s exactly the debate [Republicans] want, because they don’t want this debate on the tariffs. They don’t want to be accountable to markets today … They want to have this conversation. Don’t get distracted by distractions. We’re all perfect sheep.’”
Newsom is reflecting an ancient Democratic “populist” prejudice against non-economic messaging, which was revived by the 2024 presidential election, in which warnings about the threat to democracy and to the rule of law posed by Trump were widely adjudged to have failed to sway an electorate focused obsessively on the economy and the cost of living. And it’s true that the Abrego Garcia case arose precisely as Trump made himself highly vulnerable on the economy with his wild tariff schemes.
But the emotions aroused by the administration’s cruelty and arrogance in launching its mass-deportation initiative have struck chords with major elements of the Democratic base, particularly among those attuned to the constitutional issues involved. And it’s not a secret that even though Trump enjoys generally positive approval ratings on his handling of immigration issues, they begin to erode when specifics are polled. It’s also quite likely that whatever the overall numbers show, deportation overreach will hurt Trump and his party precisely in the immigrant-adjacent elements of the electorate in which he made crucial 2024 gains.
Personally, I’ve never been a fan of communications strategies that turn message discipline into message bondage, persuading political gabbers and writers to grind away on a single note and ignore other opportunities and challenges. In the current situation facing Democrats, strategic silence on a volatile issue like immigration (which was arguably one of Kamala Harris’s problems during the 2024 campaign) enables the opposition to fill in the blanks with invidious characterizations. In politics, silence is almost never golden.
Perhaps more to the point, as G. Elliot Morris argues, there are ways to link messages on different issues that reinforce them all:
“One way to focus messaging on both the economy and immigration, for example, might be to show how unchecked executive power is dangerous. After all the most unpopular parts of Trump’s agenda — tariffs and deportations for undocumented migrants who have been here a long time and committed no crimes — are a direct result of executive overreach.
“The power that gives Trump the ability to levy extreme tariffs was given to the president when Congress expected him to be forgiving of tariffs on an individual basis as an act of diplomacy, not to plunge the world economic order into crisis. Similarly, the judiciary has said Trump’s deporting of Abrego Garcia, as well as hundreds of Venezuelans, runs afoul of multiple Court orders.”
Even if you conclude that “unchecked executive power” is too abstract a line of attack for today’s paycheck-focused swing voters, it shouldn’t be that difficult to hit two messages simultaneously, particularly since the message on Trump’s tariffs doesn’t require a whole lot of reiteration from Democrats: Voters can see it in the stock market, and soon enough they will likely see it in the prices they are paying for goods and services.
But the real clincher in persuading Democrats to take the Abrego Garcia case very seriously is this: Anything less than full-throated opposition to the administration’s joyful embrace of Gestapo tactics and un-American policies in deportation cases will undoubtedly dishearten constituents who already fear their elected officials are unprincipled cynics who won’t lift a finger to fight Trump without first convening a focus group of tuned-out swing voters. Politicians don’t have to emulate Senator Chris Van Hollen’s decision to fly down to El Salvador and meet with his imprisoned constituent to recognize that his willingness to do so was impressive and authentic. As he told my colleague Benjamin Hart in an interview earlier this week, “The issue here is protecting the rights of individuals under our Constitution … I do believe this is a place that we need to stand up and fight.” It’s hard to do anything else without shame.