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Politics : Politics for Pros- moderated

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From: LindyBill10/26/2005 11:50:52 AM
   of 793843
 
WHELAN SPEAKS [Stanley Kurtz]
Over at Bench Memos, Ed Whelan is calling for Miers to withdraw. That is an important sign. Ed is a former Scalia law clerk and the head of the Ethics and Public Policy Center. He is an informed and highly influential figure in conservative legal circles, and he has been rightly cautious and deliberate in the Miers matter.

Ed's opinion is taken very seriously in DC, and the fact that he has now come out so openly and forcefully against Miers signals that this is a key moment. The Miers speeches have killed this nomination. It is imperative that the White House recognize this just as quickly as possible.


Miers Should Withdraw Now
[Edward Whelan 10/26 11:17 AM]

I have tried hard to give the White House and Harriet Miers the benefit of the doubt on her nomination and to withhold judgment. But I can no longer do so. The damage from this disastrous selection has gotten worse and worse every day, and there is every reason to think that it will continue to compound.

The badly muddled thinking in the speech that Miers delivered in 1993 (and that the Washington Post reported on today) is only the latest in a mounting pile of evidence that makes it implausible to hold out hope any longer that Miers will prove to be a sound judicial conservative. I don’t see how anything she says at her hearing — or anything else that realistically emerges between now and then — can offset this evidence.

Harriet Miers has earned the president’s trust and deserves our respect, and it is lamentable that some folks, in their deep disappointment at her nomination, have been excessive in their criticisms of her. But I see no reason why anyone concerned about the problem of judicial usurpation of the political processes should trust that a Justice Miers would be part of the solution.

It also appears highly doubtful that Miers timely made available to the White House decisionmakers all the information about her that would have been necessary to a proper vetting. Granted, she was apparently in the dark about her own candidacy for a long period of time, but by her own account she had some two weeks to provide necessary information.

At this point the only course of action that will entitle Miers to continued respect is for her to ask the president to withdraw her nomination. Pronto.
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