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Politics : Those Damned Democrat's -- Ignore unavailable to you. Want to Upgrade?


To: calgal who wrote (1217)6/18/2003 11:45:57 AM
From: calgal  Respond to of 1604
 
How the political pieces fit

By Bruce Bartlett

Having grown up in an era when Republicans were seemingly condemned to permanent minority status in Congress, I have some sympathy for Democrats, who appear to be in a similar predicament today.
There were a number of factors that cemented the Democratic majority from 1932 to 1994 (interrupted only by two Republican Congresses from 1946-48 and 1952-54, and Republican control of the Senate from 1980-86).
First was an unholy alliance between conservative Southern Democrats and liberal Northern Democrats. This alliance was maintained by the seniority system in Congress, which allowed Southerners to chair many of the most important committees. Congressional seats in the South tend to be safer than those in the North, thus allowing conservative Democrats to gain seniority and power at the expense of their Northern liberal colleagues.
Second was Democratic control of state legislatures, which gerrymandered House seats in order to keep Southern seats in Democratic hands long after Republicans had gained substantial strength there. For decades, Republican representation in the House was much less than the percentage of votes cast for Republicans in all House races.
Third was money. Because Democrats controlled Congress, businesses had no choice but to contribute heavily to them even though the party is fundamentally hostile to the business community. Businesses figured that contributions would at least buy them access so they could minimize the damage of Democratic policies on their industries. Also, many businesses tended to hire Democratic congressional staffers for their Washington offices, who encouraged their bosses to contribute to Democratic campaigns.
Voters instinctively understood that Democrats had rigged the game in Congress, which is why they so frequently elected Republican presidents. However, while Republican presidents could block liberal initiatives, Democrats simply waited them out. Eventually, a Richard Nixon would come along who was so desperate for re-election that he would sign almost any bill sent to him. Or they would wait for the occasional Democratic president, like Lyndon Johnson, to ram through massive new entitlement programs that were impossible to cut once in place.
The first break in this seemingly endless trend toward government expansion came in 1964, when Republican Barry Goldwater carried most of the South even as he lost in a landslide. Southerners were becoming fed up with federal intrusion in their affairs and wanted to send the national Democratic Party a message. Fortunately for Republicans, that message was ignored.
In the 1970s, inflation and the rising taxes that went with it began to make voters more receptive to the Republican message of tax cuts and smaller government. Democrats could not respond without alienating their core constituency of those who benefit from government programs.
At the same time, the liberal wing of the party, flush from a big victory in the 1974 elections, destroyed the seniority system in Congress, pushing many conservative Southerners out of key chairmanships. This broke the deal that had kept Southern conservatives in the Democratic Party even as the party moved left. Without the benefits of seniority, there was no good reason for Southern conservatives to stay in the Democratic Party, opening the door to Republicans at the congressional level in the South.
Republicans were finally able to break the gerrymandering of congressional districts by forcing legislatures to create minority districts. This tended to create safe Democratic seats in the cities, surrounded by Republican seats in the suburbs. Of course, it was Democrats who had pushed through the Voting Rights Act that forced the creation of minority districts.
Concurrently, Republicans benefited from a decades-long effort to elect Republicans in state legislatures. After each decennial census, Democratic gerrymandering eroded, giving Republicans a fair shot.
The final piece of the Republican renaissance came when Republicans stopped giving a pass to conservative Democrats. Instead of allowing them to run unopposed, the party started to put up strong, well-financed candidates against them. This, plus abuse from the liberals who controlled the Democratic Party, led almost all conservative Democrats either to retire or become Republicans.
By 1994, the pieces all came together and Republicans took control of Congress. Now they benefit from safe Southern seats, get 60 percent of business campaign contributions, and gain as well from the recently passed campaign finance legislation. It raised limits on individual contributors, which Republicans have more of, while restricting soft dollars, which Democrats had depended upon.
Thus we see that Republican control of Congress was the result of 30 years of effort to break down the Democratic advantage. But without Democratic missteps, it would not have worked. Similarly, it will take Republican missteps to give Democrats an opening to recover. The latter may elect a president from time to time, but they will likely remain in the minority in Congress for decades to come.

Bruce Bartlett is senior fellow with the National Center for Policy Analysis and a nationally syndicated columnist.


URL:http://www.washingtontimes.com/commentary/20030617-094517-7854r.htm



To: calgal who wrote (1217)6/18/2003 12:10:27 PM
From: calgal  Respond to of 1604
 
Candidates Outline Array of Initiatives
Democratic Rivals Pitch Tax, Poverty, Energy Plans to Define Candidacies







washingtonpost.com





By Dan Balz and Brian Faler
URL:http://www.washingtonpost.com/wp-dyn/articles/A7236-2003Jun17.html

Washington Post Staff Writers
Wednesday, June 18, 2003; Page A14

Democratic candidates for president served up a smorgasbord of policy initiatives and big promises yesterday, from a sharp reduction in the poverty rate to energy independence in a decade to tax breaks for the middle class to a new approach to the war on terrorism.

The separate speeches added up to sharp criticisms of the way President Bush has governed and further attempts by the candidates in a crowded Democratic field to define their identities in the battle for their party's presidential nomination.

Sen. John Edwards (N.C.) offered new tax cuts and wrapped them in the rhetoric of values, arguing that Bush's tax cuts have rewarded wealth rather than work. "Instead of helping wealthy people protect their wealth," he said in a speech at Georgetown University, "we should help working people build wealth." Bush's policies, he said, represent "the most radical and dangerous economic theory to hit our shores since socialism over a century ago. . . . It is a plan to corrupt the American economy and shrink the winners' circle."

Edwards called for canceling cuts in income, dividend and estate taxes enacted in 2003 and this spring for Americans in the top two brackets. He said he would use some of the revenue generated by eliminating those tax cuts to fund a $5,000 tax credit to help first-time homebuyers make their down payment, cut capital gains and dividend taxes for middle-class families and offer families a dollar-for-dollar federal match, of as much as $1,000 a year, to put into retirement savings accounts.

Sen. Joseph I. Lieberman (Conn.) said he would make fighting poverty a priority. "As president, it will be my goal to reduce the poverty rate to the lowest it has ever been in our history within four years and that means cutting it below 10 percent," Lieberman said at a conference sponsored by the New Democrat Network (NDN). "And then I want to go further. I want to cut the rate of poverty in this country by one-third within a decade."

Lieberman said that some might consider it unusual for him to talk about poverty before a centrist Democratic organization, but he said New Democrats should be in the vanguard of developing innovative policies to boost the incomes of those at the bottom of the economic ladder. "The Bush administration," he said, "has mounted an unprecedented attack on the federal safety net for poor Americans" and it is up to Democrats to reverse what he dubbed "poverty-gate."

The declaration to reduce poverty came with few specific proposals. Lieberman said he will outline those in future speeches, built around the following principles: invigorating the economy, rewarding work, encouraging poor families to save and create wealth and helping combat social conditions that lead to educational failure or the breakdown of families.

Lieberman said that he and Bush share an interest in faith-based solutions to some of these problems, but that the president's actions have not matched his compassionate conservative rhetoric. "The result has not been compassionate," Lieberman said. "It has been neglectful."

In California, Rep. Richard A. Gephardt (Mo.) promoted a plan he dubbed a new Apollo project to make the country less dependent on foreign oil and coupled it with a sharp attack on Saudi Arabia. Dependence on Saudi oil, he said, has prevented the Bush administration from speaking out more directly about Saudi links to terrorism. "It's time we stopped behaving like the United States of Saudi Arabia and started working toward total economic freedom from Saudi Arabia, from the oil it exports and from the radical fundamentalism it's visited on the world," Gephardt said in a prepared text made available in Washington.

Gephardt outlined some proposals that echoed what other Democratic candidates have recommended, particularly by offering larger subsidies and incentives to alternative energy sources or hybrid automobiles. He said that he has voted against raising fuel efficiency standards for automobiles -- a position that puts him in good stead with organized labor and at odds with rival Sen. John F. Kerry (Mass.), who has led the fight to raise those standards.

Gephardt said he is "committed to higher fuel efficiency as part of a comprehensive plan" that brings the warring factions in the energy-environmental debate together. He said he favored a compromise "that doesn't visit all the sacrifice on one small market sector."

Sen. Bob Graham (Fla.), also speaking at the New Democrat Network conference, accused the Bush administration of a "pattern of deception and deceit," and warned that America will be badly damaged if U.S. forces fail to find weapons of mass destruction in Iraq. "We not only cannot find 'Osama bin Forgotten' or Saddam Hussein, we can't find the weapons of mass destruction," he said. "I hope we'll find them. The consequences of not finding them are going to be an incredible degradation of the already suspect credibility of the United States of America."

The conference also featured a call by founder Simon Rosenberg for Democrats to renew the party by recapturing the centrist values championed by former president Bill Clinton through recruitment of candidates, efforts to get the centrist message out through the media and a more sophisticated effort to attract Hispanic voters.

© 2003 The Washington Post Company



To: calgal who wrote (1217)6/18/2003 12:15:58 PM
From: calgal  Read Replies (1) | Respond to of 1604
 
BIG CHILL

By ANDREA PEYSER



June 18, 2003 -- EXCLUSIVE

Rudy Giuliani has agreed to do something completely unpalatable in the name of charity - he'll eat lunch today in the same room as Bill Clinton.

But only under these conditions:

* The pair will stage separate arrivals.



* They won't share a table.

* Rudy won't have to shake Bill's hand publicly.

Will it work? As Neil Simon might put it: Can two men who can't stand each other share a podium, without driving each other crazy?

It took months of begging and logistical gymnastics, but the ultimate Odd Couple - the adored, impeached, Democratic ex-president and the revered, reviled, Republican ex-mayor - were wrangled as headliners for today's Four Seasons of Hope benefit at Cipriani 42nd Street.

To ensure the guys don't bump into each other - "Hey, Bill! How's the wife?" "Great, Rudy, how's the prostate?" - Clinton is to arrive first.

Giuliani, who is spending the morning at a golf tournament, is to come late.

Clinton is to sit at one table with Earvin "Magic" Johnson, Giuliani at another with Yankees manager Joe Torre.

Then, Rudy and wife Judith are to head directly for a flight on a private jet to Vienna.

How weird is this tag-team appearance? In 1999, then-Mayor Giuliani - who was taking on Hillary for the Senate - was pointedly not invited to the funeral of John Kennedy Jr., whom he knew, because the Clintons were on the guest list.

But now, sources have revealed to me how this momentous joint appearance was achieved, to the satisfaction of all warring parties involved.

Three months ago, organizers of the charity - which raises money for foundations headed by Torre, Johnson, former Jet quarterback Boomer Esiason and golf legend Arnold Palmer - invited Giuliani to its gala lunch.

But the organizers were told that Giuliani was planning his wedding - the date was hush-hush at the time - and the couple would be on their "honeymoon" during the luncheon, said a source. So the lunch date had to be changed.

Giuliani spokeswoman Sunny Mindel said yesterday she had no knowledge of Rudy's lunch rules, but confirmed that her boss was to arrive at Cipriani at least an hour after the noon start.

After Giuliani agreed to come, the next stop was Clinton.

On June 9, three execs from event sponsor Samsung met with Clinton's people in his Harlem office.

The team lured the Clinton folks with flat-screen TVs and other top-shelf gadgets. Clinton even came out of his office to check out the goodies.

The ex-president, who usually commands more than $100,000 a speech, agreed to attend, in exchange for fees and enough electronics to outfit his office, a package expected to total $20,000, said a source.

Clinton's "foundation is receiving a charitable contribution," was all spokesman Jim Kennedy would say in an e-mail.

Giuliani isn't getting paid.

After Clinton said yes, there was a new round of behind-the-scenes worry: What if either man got ticked off at the presence of an old foe, and canceled?

So last week, calls were made to the Clinton and Giuliani camps, informing each about the other.

Clinton was OK with Rudy.

Giuliani was less enthusiastic about Bill.

"He has no problem with Bill being in the room," said a source. "He just doesn't want to share the limelight together. He doesn't want to publicly shake hands."

Blood pressure in the room should reach record heights.

URL:http://www.nypost.com/news/regionalnews/1281.htm



To: calgal who wrote (1217)6/19/2003 1:21:18 AM
From: calgal  Read Replies (1) | Respond to of 1604
 
When the White House Feared Kerry


By Howard Kurtz
Washington Post Staff Writer
Wednesday, June 18, 2003; 9:00 AM

Every once in awhile, a political profile comes along with a lead so dazzling that it almost redefines the way we think about someone.

It's usually based on old-fashioned journalistic digging -- the poring-over-documents kind -- rather than breathtaking writing.

That's what the Boston Globe has just done with John Kerry.

Globe reporter Michael Kranish revisits the period that made the young Vietnam veteran a public figure -- his opposition, calculated or otherwise, to the war when he returned -- and, shades of Watergate, gets Nixon's take on the future presidential candidate.

Bottom line: Richard Milhous thought Kerry was a phony.

This could be gold in a Democratic primary: Tricky Dick, back in the Watergate era, being so worried about John Kerry that he was practically awarded a spot on the enemies' list.

Of course, others may read this and say, you know what, Nixon had Kerry nailed and he is a phony.

If George W. (whose father served as Nixon's RNC chairman) was as worried about Kerry as the late president was, Kerry would be in good shape.

After a period of rough headlines about everything from his cancer surgery to his Jewish roots, Kerry seems to be getting some better press lately.

But first let's go to part 3 of the Globe's Kerry, the man--the myth--the era series:

"April 28, 1971, 4:33 p.m. President Richard M. Nixon takes a call from his counsel, Charles Colson.

" 'This fellow Kerry that they had on last week,' Colson tells the president, referring to a television appearance by John F. Kerry, a leader of Vietnam Veterans Against the War.

" 'Yeah,' Nixon responds.

" 'He turns out to be really quite a phony,' Colson says.

" 'Well, he is sort of a phony, isn't he?' Nixon says.

"Yes, Colson says in a gossiping vein, telling the president that Kerry stayed at the home of a Georgetown socialite while other protesters slept on the mall.

" 'He was in Vietnam a total of four months,' Colson scoffs, without mentioning that Kerry earned three Purple Hearts, a Silver Star, and a Bronze Star, and had also been on an earlier tour. 'He's politically ambitious and just looking for an issue.' . . .

"Day after day, according to the tapes and memos, Nixon aides worried that Kerry was a unique, charismatic leader who could undermine support for the war. Other veteran protesters were easier targets, with their long hair, their use of a Viet Cong flag, and in some cases, their calls for overthrowing the US government. Kerry, by contrast, was a neat, well-spoken, highly decorated veteran who seemed to be a clone of former President John F. Kennedy, right down to the military service on a patrol boat.

"The White House feared him like no other protester. Colson, in a secret memo, revealed he had a mission to target Kerry: 'Destroy the young demagogue before he becomes another Ralph Nader.' "

Sound bite city!

"The effort by Nixon and his aides to undermine Kerry went much deeper than even Kerry realized. Yet it is this chapter in his life, as much as any other, that helped turn Kerry into a national political figure. By targeting Kerry, the Nixon White House boosted his stature in ways that still are having an impact.

"But at the same time, many of the issues that Nixon and his aides raised more than 30 years ago about Kerry still remain. Echoes of Colson's words can still be heard in Washington: 'He's politically ambitious and just looking for an issue, a phony.' "

Those echoes can be so annoying.

Bonus factoid: Morley Safer asked Kerry on "60 Minutes" if he wanted to be president -- this was back in '71. Kerry called the idea crazy.

Dan Kennedy declares it "John Kerry Week in the media" and says of the Globe excavation project: "The series accomplishes its institutional mission: being comprehensive enough that no enterprising news org is likely to come in from the outside and dig up any startling revelations about Kerry's past. . . .

"Slate's William Saletan is stunned to discover that Kerry can be loose and funny. 'If he keeps this up,' Saletan writes, 'he might actually become president.'

"In the New Republic's online 'TNR Primary,' my former Boston Phoenix colleague Michael Crowley -- who wrote an entertainingly (and perhaps excessively) tough profile of Kerry last year -- gives him a 'General Likeability' grade of 'A' on the campaign stump. Crowley also notes that the Globe series reinforces Kerry's 'special moral authority' in going up against the Hero of the Texas Air National Guard, George W. Bush.

"Time magazine columnist Joe Klein follows up the favorable piece he did on Kerry in the New Yorker last year by praising his health-care proposal. Calling it 'the first significant new idea of this political season,' Klein says that only Kerry's plan is responsible enough to restrict benefits to those who need it the most."

Howard Dean and Bob Graham have gotten into a little dustup (be still my heart). Dean was boasting about being the only major candidate in the race who's appointed judges, and when asked about Graham said he's a great guy and all that "but at this point he's not one of the top-tier candidates." Graham's flack fired back that his man "created twice as many jobs when he was governor of Florida than there are people in the state of Vermont," and Dean expressed regret for minimizing Graham's chances.

What exactly are those chances? Slate's William Saletan isn't taking Graham all that seriously: "I'm not going to check his references till he explains why he wants the job.

"Graham has had many chances to make his case. I've seen him speak at the April 9 Children's Defense Fund forum, the May 3 South Carolina debate, his May 6 campaign kickoff, a May 17 AFSCME conference, last weekend's Iowa Democratic Party picnic, and a town hall hosted by Iowa Sen. Tom Harkin, at which Graham spoke and answered questions for 90 minutes. Each time, I've come away baffled at his failure to explain why anybody should vote for him rather than one of the other Democrats seeking the job. . . .

"He shows poise and maturity. He's got the best temperament in the race. I've never seen him get angry or defensive at hostile questions. He listens more than he talks. . . .

"The trouble is, Graham doesn't seem to know what he wants to do with the job. 'To be elected president, you've got to meet some threshold tests,' he told the town hall audience. First, 'you've got to be prepared to take George Bush on--and then say what your vision and your direction would be.' Second, you 'have to have some fresh ideas' as to how to deal with the nation's problems. So what are Graham's vision and ideas? Search me. The guy had 90 minutes to explain them, and all he conveyed, briefly, was that he cares about the environment.'"

Dean is running a sorry campaign, says the Boston Globe:

"Howard Dean's fire-breathing campaign rhetoric has inspired some party activists, but the inaccuracy of some remarks, as well as his characterizations of some rivals for the Democratic presidential nomination, has prompted him to issue several apologies this year.

"Earlier this month, a campaign spokeswoman apologized on Dean's behalf after he said he voted against a congressional resolution authorizing war with Iraq, even though he has never been in Congress. In April, Dean knocked on the door of Representative Richard A. Gephardt of Missouri to make amends for a campaign press release that labeled the congressman's health care proposal 'pie-in-the-sky.' In March, Dean sent a note of apology to John Edwards of North Carolina after saying at a convention of California Democrats that the senator did not stand by his vote in favor of the war. Moments earlier, Edwards had been booed by the delegates for reiterating his support for it.

"The latest apology was made Monday, after the former Vermont governor told a group of New Hampshire business leaders his views about appointing justices to the Supreme Court." That produced the regrets to Graham.

Says the University of Vermont's Garrison Nelson: "Howard's a pop-off."

Here's an unexpected White House move that's certain to spark some debate:

"President Bush today ordered a ban on racial profiling that aides called the most far-reaching in the history of federal law enforcement, but the policy carves out clear exemptions for investigations involving terrorism and other national security matters," the New York Times reports..

"The new policy, governing the conduct of 70 federal law enforcement agencies, forbids agents from using race or ethnicity as factors in routine investigations. A narcotics agent, for instance, could not focus on a specific neighborhood simply because of its racial composition.

"Federal officials said these prohibitions in routine law enforcement investigations go beyond the limitations in the Constitution and in federal case law. In cases involving national security, however, the policy allows the use of race and ethnicity in 'narrow' circumstances in order to help agents 'identify terrorist threats and stop potential catastrophic attacks.' "

The right is unhappy with the emerging prescription-drug compromise, says the Los Angeles Times:

"A landmark expansion of Medicare is barreling through Congress, but one part of President Bush's political base is reluctant to join the bipartisan ride: Free-market conservatives, who have argued for years that Medicare needs to be overhauled before a new prescription drug benefit is added.

"While many Republicans see likely enactment of the benefit for the elderly as a political home run for their party, disgruntled conservatives see it as a public policy strikeout -- the squandering of a unique opportunity to bring fundamental, long-term change to the financially troubled program."

Some liberals aren't thrilled either, notes the LAT.

David Frum takes on the magazine piece by Michael Crowley that we led with yesterday:

"The current New Republic has a vivid description of the sad plight of House Democrats under Republican majority tyranny. . . . Here's a representative quote: '[B]ecause their narrow majority allows so little room for error, Republicans have done a masterful job of exploiting undemocratic mechanisms, such as the Rules Committee, and enforcing a militant party discipline that renders the Democrats irrelevant.' . . .

"The article goes on to insist that the Republicans are behaving entirely differently from the way the Democrats used their majority during their 40 years of dominance in the House, from 1955 until 1995. Crowley rests this claim on two quotations, one from of all absurd sources, Michigan Democrat John Dingell, the notorious one-time tyrant of the House Commerce committee.

"Dingell, you may recall, decided when he still held a chairman's gavel that his power over the nation's trade and commerce entitled him to set himself up as arbiter of scientific truth and launched from the halls of Congress a persecution of a Nobel-prize winning scientist that ought to have become, but never quite did become, a national scandal.

"Everything today's Republicans know about the use of the power of the majority they learned from men like Dingell and Phil Burton and Jim Wright and a host of other men who would most likely have been insulted by Crowley's implicit suggestion that they ever flinched from squeezing their political opponents up to the limit of the rules and beyond."

Crowley responded in an e-mail to Frum: "Nowhere do I insist Republicans are acting 'entirely differently' -- just that Democrats say the GOP is worse than they were -- a point that credible nonpartisan observers agree with. . . . You also imply, again unfairly I think, that the article naively pretends Democrats never did any of this themselves. But I dealt with that question directly."

Andrew Sullivan finds an inconsistency in Hillary Clinton's book:

"Here's an interesting nugget that tells you a lot about Hillary Rodham Clinton. Her book contains many inflammatory charges about various political and judicial figures. In particular, Chief Justice Rehnquist is portrayed as a political hack rather than a principled justice. Fair enough. It's a free country. Rehnquist wisely decided not to comment on the smears. But what's remarkable is that Hillary herself, when contacted by The Washington Post, 'declined to be interviewed about the political content of her book.' Huh? There she goes again. Even now, as a Senator in her own right, Hillary still pulls the First Lady schtick to avoid a political fight. Yet the book is highly political. It's not some anodine memoir of private life. It's a tough piece of political rhetoric. Yet she won't allow the press or others to challenge her on the politics of it. She still thinks she's above it all. Perhaps she always will.

OpinionJournal's James Taranto deconstructs the liberal anger over WMD:

"Lurid quagmire fantasies are hard to sustain in the face of lightning victory. So those on the left have changed their tack in recent weeks. Now Iraq isn't another Vietnam, it's another Watergate! This is what's behind the 'debate' over whether the Bush administration 'lied' about Saddam Hussein's weapons of mass destruction.

"Those on the Democratic left think of Watergate as a feather in their cap. They brought down a president! Of course, they didn't really bring down the president, though they helped; he brought himself down by countenancing and then covering up a crime. But left-wing mythology seems to be all about hoping for a recurrence of these decades-old victories.

"Of course, no sensible person thinks the Iraq war is Watergate, any more than it was Vietnam. There's no crime here. The complaint seems to be merely that administration officials spoke with too much assurance when they described their beliefs about the present state of Iraq's weapons programs. In other words, they did what politicians always do when trying to win public support for a policy: They made the most compelling argument they could. It's hardly a scandal that the administration didn't make its opponents' case for them.

"A new Gallup Poll suggests all this scandal talk has failed to persuade anyone. Eighty-six percent of respondents still think it is 'likely' or 'certain' that Iraq had chemical or biological weapons before the war, and only 31% agree that 'the Bush administration deliberately misled the American public.' . . . But 48% of Democrats think the administration lied, which means the party is split between the hard-core partisans--who opposed Iraq's liberation all along--and the more sensible wing."

© 2003 The Washington Post Company

URL:http://www.washingtonpost.com/wp-dyn/articles/A9016-2003Jun18.html


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Message #2530 from Westi at Jun 19, 2003 1:10 AM

Bush to Choose Ex-Starr Aide
Kavanaugh to Be Nominee For Appeals Court Post
By Mike Allen
Washington Post Staff Writer
Thursday, June 19, 2003; Page A25
President Bush plans to nominate White House lawyer Brett M. Kavanaugh, an author of independent counsel Kenneth W. Starr's report on President Bill Clinton, for a seat on the U.S. Court of Appeals for the D.C. Circuit, Republican sources said yesterday.

The disclosure came as Bush issued a curt rejection to Democratic senators who had offered to alleviate a fight over a future Supreme Court vacancy by working with him to find a nominee both sides could accept.

Kavanaugh's nomination would suggest Bush is spoiling for a fight with Senate Democrats while the administration's selection of judges is already a raw issue between the parties. The D.C. Circuit court is considered the second most powerful in the land. Kavanaugh, 38, was involved in many of the Clinton administration's legal controversies, and has played a key role in choosing Bush's judicial nominees.

Kavanaugh is undergoing an FBI background check in preparation for his nomination, which will not be announced immediately. He was an appellate expert in Starr's office from 1994 to 1998, and worked on the Monica S. Lewinsky investigation. He also represented Starr in his successful effort to force the release of White House lawyers' notes of conversations with Hillary Rodham Clinton, now a senator. The notes related to the suicide of deputy White House counsel Vincent Foster. Kavanaugh's contribution to the Starr report was the section that outlined possible legal grounds for impeachment.

Kavanaugh was a partner with Kirkland & Ellis before becoming an associate White House counsel in January 2001. He has undergraduate and law degrees from Yale, and was a clerk for Justice Anthony M. Kennedy.

The D.C. Circuit court has openings on its 11th and 12th seats. Republicans blocked Clinton from filling at least one of them by arguing that additional judges were not needed.

Bush's rebuff of the overture by Senate Democrats, a departure from his frequent contention that he is eager to work with Congress, is part of intense positioning by both parties for the possibility that a Supreme Court justice will retire at the end of this term. Senate Minority Leader Thomas A. Daschle (D-S.D.) wrote to Bush on Tuesday to recommend that the president convene a meeting of Senate leaders "to begin a bipartisan process of consultation."

White House press secretary Ari Fleischer called the idea "a novel new approach to how the Constitution guides the appointment process," and said Bush plans no such meeting. The Constitution gives the president sole power to nominate justices, and then the Senate decides whether to confirm them.

"The Constitution is clear, the Constitution will be followed," Fleischer said. "We always welcome thoughts, but certainly no one wants to suggest that the Constitution be altered."

Fleischer said White House Counsel Alberto R. Gonzales "is always happy to meet and talk with these individual senators." A twist is that Gonzales, a former justice of the Texas Supreme Court, is one of Bush's most obvious potential nominees.

Gonzales wrote to Daschle yesterday that in case of a vacancy, the Senate "will have an opportunity to assess the president's nominee and exercise its constitutional responsibility." He has sent similar letters to other Senate Democrats.

The selection of judges, from federal district courts to the Supreme Court, is always a bitterly contested issue for the most ideologically committed wings of both parties. It is even more so now because of the GOP's narrow hold on the Senate, and because of rumors about the possible retirement of Chief Justice William H. Rehnquist, 78, or Justice Sandra Day O'Connor, 73 -- or both.

A group called Faith2Action is linking with some of the nation's best-known conservative organizations for Project Rosebud, which plans to deliver thousands of roses to the White House next week in support of an antiabortion nominee for any Supreme Court vacancy.

Sen. Charles E. Schumer (D-N.Y.), a Judiciary Committee member, wrote Bush last week to suggest potential consensus nominees. Schumer suggested five moderate Republicans, including Sen. Arlen Specter (Pa.).

Sen. Patrick J. Leahy (Vt.), ranking Democrat on the Judiciary Committee, had first suggested the bipartisan summit in a separate letter to Bush last week. Leahy said that Democrats were "ready to work with you to help select a nominee or nominees to the Supreme Court behind which all Americans, and all senators, can unite."

Bradford A. Berenson, a former associate White House counsel for Bush, called the letters a political stunt to help Democrats "blame the president for the ugly confirmation fight it appears they already have planned."

Democrats, who contend they are not proposing anything radical, are circulating pages from a book by Senate Judiciary Committee Chairman Orrin G. Hatch (R-Utah) in which he takes credit for suggesting to Clinton the nomination of two sitting justices, Ruth Bader Ginsburg and Stephen G. Breyer.

Hatch wrote last year in his memoir, "Square Peg," that he had asked Clinton whether he had considered Breyer or Ginsburg. "President Clinton indicated he had heard Breyer's name but had not thought about Judge Ginsburg," Hatch recounted.

Hatch said Tuesday on C-SPAN that Democrats were trying to preempt a conservative nominee. "Even though President Clinton did consult with me as chairman of the committee, he made the final decisions," Hatch said.

Sen. Edward M. Kennedy (Mass.) said the best way for Bush to avoid a major fight would be to consult with the Senate and send up nominees "without ideological chips on their shoulders."

"But if this president wants a battle," Kennedy said, "he'll get it."

© 2003 The Washington Post Company

URL:http://www.washingtonpost.com/wp-dyn/articles/A11032-2003Jun18.html