Senators to look into whether `assurances' were made on Miers
http://www.philly.com/mld/philly/news/politics/12861500.htm
Posted on Sun, Oct. 09, 2005
Senators to look into whether `assurances' were made on Miers
BY ALLEN PUSEY
The Dallas Morning News
WASHINGTON - (KRT) - Senators from both parties said Sunday they plan
to question whether White House adviser Karl Rove may have given
inappropriate "back room assurances" to secure conservative support
for Supreme Court nominee Harriet Miers.
Sen. Arlen Specter, R-Pa., chairman of the Senate Judiciary Committee
said his committee "is entitled to know whatever the White House knew"
regarding Miers and her views on important legal issues.
"If there are back room assurances, and if there are back room deals,
and if there is something which bears upon a precondition as to how a
nominee is going to vote, I think that's a matter that ought to be
known by the Judiciary Committee and the American People," Specter
said on ABC's "This Week."
Specter said he didn't believe that Miers had pledged her vote to
anyone, and Pat Leahy, D-Vt., ranking Democrat on the Judiciary
Committee said Miers - Bush's White House counsel - had told him as
much. Still, both agreed that an inquiry is in order.
"If anybody ... wants to be on the Supreme Court or any court and are
going to get that appointment based on assurances of how he or she
would vote, they're not qualified to be on that court," Leahy said.
The White House acknowledged that Rove has been among those making
calls to key conservative supporters, but denied that anything
improper has been promised.
The issue arose from remarks made on a syndicated radio show by James
Dobson, founder of the conservative advocacy group Focus On The
Family. Dobson said last week that he had spoken in confidence with
Rove about the Miers nomination and that their conversation convinced
him to support her.
"When you know some of the things that I know, that I probably
shouldn't know, you will understand why I have said - with fear and
trepidation - that I believe Harriet Miers will be a good justice,"
Dobson said.
Dobson was unavailable for comment Sunday.
His remarks have triggered concern in both parties that Miers has
revealed how she might vote, if confirmed, on sensitive issues such as
abortion, school prayer and gay marriage. Even if she hasn't, critics
suspect that the president has some private knowledge regarding Miers'
views that he is not sharing with those who must vote for her
confirmation.
Both Leahy and Specter said they would be willing, if necessary, to
summon Dobson and Rove to clear up the matter.
"I think we will make sure whether assurances (were) given, whatever
witnesses that requires," Leahy said.
White House spokesperson Dana Perino said Sunday that Rove, a key
adviser during Bush's two terms as Texas governor, has known Miers for
15 years. She said Rove has spoken with Dobson "and many others" in a
series of "outreach calls" to garner support for Miers' nomination.
"In those conversations (including those with Dobson), he was not
asked, nor did Karl offer any insight into how Harriet Miers would
vote on any particular case," Perino said.
It is doubtful that Rove would testify before the committee, since as
a presidential adviser he is subject to a White House assertion of
executive privilege.
Some conservatives have continued to express concern that Miers - with
no academic resume and no judicial experience - lacks the credentials
to replace a pivotal court moderate, Sandra Day O'Connor. And even
implacable abortion foes such as Sen. Sam Brownback, R-Kan., say they
are dissatisfied with White House guarantees that as an Evangelical
Christian she opposes abortion.
"A lot of us wanted to see somebody that was a well-formed jurist so
that they had a track record of what they would do in cases coming in
front of the court," Brownback said on CBS News' "Face The Nation."
"Harriet Miers doesn't have that track record and doesn't seem to be
well-formed in her judicial philosophy, having never been on the
bench," Brownback said.
Charles Schumer, D-N.Y., said the White House has invited such
concerns by attempting to market Miers' faith as an indication of her
likely performance on the court.
"The thought that you market a candidate based upon their faith, I
think, is an inaccurate and not a right way to go forward," Schumer
said. "This idea of winking and whispering, `Here's what her views
are, but she can't tell anybody else,' that just demeans the process."
Gary Bauer, president of the American Values Coalition, said the
process is not likely to improve by the time the Judiciary Committee
holds hearings, which could begin as early as Nov. 1.
"We're not going to find out anything more than what we've already
found out about Harriet Miers because the whole strategy here is this
so-called stealth strategy: picking candidates for the Supreme Court
who have no judicial record on things that really matter," Bauer told
"Fox News Sunday."
Conservative commentator Pat Buchanan criticized President Bush for
being too unwilling to look outside his inner circle for such a
critical pick.
"This is a faith-based initiative," he told NBC "Meet The Press." "The
president is saying `Trust me,' and that's not enough."
"If there's any issue that the president's earned, it's trust," said
Southern Baptist leader Richard Land. He predicted that Miers will
"vote the way he (President Bush) would want her to vote" and that as
a Texan she would consider anything else disloyal.
"If someone is disloyal, in Texas they're right down there with child
molesters and ax murderers," Land said.
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