Washington – Risking a possible clash with the Senate, President Bush insisted Monday that he will not turn over documents detailing the private advice that Supreme Court nominee Harriet Miers has given him while serving in the White House.
With Miers’ nomination facing continued opposition from conservatives, Bush sidestepped a question of whether the White House was working on a contingency plan for her withdrawal. At the same time, he was emphatic about not turning over papers relating to the “decision-making process, what her recommendations were.”
“That would breach very important confidentiality, and it’s a red line I’m not willing to cross,” he said in an apparent reference to bipartisan requests from the Senate Judiciary Committee. As White House counsel, Miers has regularly advised Bush on a range of sensitive topics.
Bush’s remarks drew a cautious response from Sen. Arlen Specter, the Pennsylvania Republican who chairs the Judiciary Committee. He told reporters the panel had requested “nonprivileged documents” and said he was hopeful of finding common ground with the White House on the issue.
He followed up with a written statement for emphasis: “I believe that if Ms. Miers does well at her hearing that she can be confirmed without touching on the issue of executive privilege. The Senate has not asked for anything falling under executive privilege.”
Sen. Chuck Schumer of New York, a Democratic member of the committee, said it appeared the White House was refusing to turn over documents that were not shielded by attorney-client or executive privilege.
Taken together, Bush’s remarks and the reaction of the lawmakers underscored one of the political differences between Miers’ nomination and that of John Roberts, who was confirmed as chief justice last month. In the earlier case, Senate Republicans refused to join Democrats in requesting records dating to the administration of the first President Bush, and the White House gave no ground.
Bush answered questions from reporters as Miers met privately with Sen. Tom Coburn, R-Okla., the latest in a round of senatorial courtesy calls in the run-up to confirmation hearings beginning Nov. 7.
Bush named Miers four weeks ago to replace Justice Sandra Day O’Connor. Given O’Connor’s history as the pivotal vote upholding abortion and affirmative action, many conservatives have criticized Bush for turning to his White House counsel, a 60-year-old with no experience as a judge and scant public record on controversial issues such as abortion rights.
While Miers has drawn occasionally harsh criticism from conservatives outside the Senate, none of the 55 GOP senators has announced plans to oppose her.
White House aides, themselves criticized for missteps in the confirmation campaign, have appealed to Republican lawmakers to withhold judgment until she testifies at her hearings.
