Friday afternoon non-surprise
DOJ just announced they're not releasing documents from Roberts' SG days. Big shock, I know, but this abject stonewalling of the Senate should up the ante.
For those who say they don't care, well, they should (more on that later), but even if they think a close examination of Roberts is irrelevant, think about how this affects future confirmation processes and the Senate's ability to exercise its Constitutional responsibilities.
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think about how this affects future confirmation processes
Damn right! It's the precedent, stupid. We should all care.
August 5, 2005 3:23 PM | Reply | Permalink
This just seems dumb to me. (Of course, I have no idea what's in the docs. Could be Roberts is a Souter in Scalia's clothing and the Bushies want to hide this fact from the theocons. Or maybe he's well to Bork's right) Anyway, it seems like the last thing Bush would want to do is give Dems a non-ideological reason for blocking Roberts' nomination. At least if the Democrats were opposing him for his abortion or gay rights views or something like that, they'd have a brush they could use to paint the Dems in unflattering colors. Plus, it would sow disunity between accomodationist red-staters like Nelson or Byrd and the rest of the party. But because it's not ideological (and probably constitutes "extraordinary circumstances") the whole caucus can stand together for Senate prerogatives and might even pick up some Republican support here and there. Just doesn't make sense.
August 5, 2005 3:35 PM | Reply | Permalink
There is no way we can have a dictatorial government if the President has to do anything requested by the Congress or the courts. So, this is really nothing but a power play. Once the precedent is set for the executive branch not having to provide information to Congress, one more of the few remaining brakes on the administrative branch is lost. At this rate, by 2008 there will be no need for an election - we will already have our "President for Life".
August 5, 2005 4:04 PM | Reply | Permalink
I am the Great and Powerful Oz!
(pay no attention to the man behind the curtain...)
Typical of this administration. Creating a diversion to take us endlessly on through the "crisis" that the Senate will bring on itself when "talk" of the filibuster gets whispered next week, and the vassel-like MSM dutifully speculates. I can already see the graphics with "Constitutional Crisis" splashed all over the screen.
Once again, a lame and cynical attempt to deflect the attention from plummeting polls, Iraq out of control, a non-response to starvation in Niger ( Hey Tom and Bill! I'm sure there's about a million people in Niger that wish you'd sponsor some feeding-tube legislation for them!), and a leak investigation that is now tapping ever so gently on the VP's door....
August 5, 2005 4:27 PM | Reply | Permalink
Two quick questions on this: First, as I've not been following this with any detail, what's the posture of the matter? Has the Senate subcommittee subpoenaed the documents for the hearings, or taken any formal steps to obtain them other than making a request? If not, then we may be in the early stages of this thing and not yet know what obligations and opportunities are out there.
Second, there must be a letter or other document from the DOJ settting forth the rationale for the denial. Is there a copy of it available anywhere for review? Looking at this should provide a better starting point for a response.
The worst part of all of this is that I'm not opposed to Roberts as a nominee at all --- he's a well-seasoned, intelligent attorney with conservative bona fides. That's good enough for me, even if I have a differing political approach. Besides, he's far better than anyone Bush could have nominated or will likely nominate if the Roberts nomination goes south.
At the same time, however, this is another bothersome example of Bush pushing the imperial presidency a little to hard on the imperial, to the detriment of the presidency. I'm going to have to think this one through to see where I ultimately come down.
August 5, 2005 4:42 PM | Reply | Permalink
If I were a member of the evangelical right, I'm not sure whether I would be satisfied with simply trusting Bush's judgement on Roberts (which is the typical defense as to why it's ok for the White House to stonewall the Senate). Enough has come out over the past few weeks to at least suggest a risk that Roberts could very well be the next Souter, and the Dobsonites are still smarting from Frist's latest flip flop on stem cells. As many have pointed out, Bush certainly could have picked someone with more obvious Dobsonian credentials.
My point is that if this exercise were really about thoroughly evaluating Roberts as a candidate for the Supreme Court, there is enough incentive for both sides to want a full release of documents, notwithstanding the Constitutional responsibilities. I also get the sense that if Roberts turns out to be a moderate conservative after a full and thorough hearing, that his nomination would enjoy some bipartisan support and probably not be that controversial.
I see this as a power play, pure and simple. It's the same MO from this White House. They're simply withholding the information because they think they can, and no one can do anything about it. The question is, will Democrats allow themselves to be railroaded yet again? There is certainly enough at stake here to force the issue.
August 5, 2005 4:44 PM | Reply | Permalink
Well Bush does not seem to be listening to any one these days; ie "the war on terror" is his language of choice and no one is going to take it away from him. The only choice is for the dems to filabuster as a matter of principal. With both houses behind Bush, there is nothing else that can be done. Bush must be riding on the invincible fantasy of ultimate supreme power, no checks or balance in his way. BTW wasn't the deal that was struck in the senate regarding filabuster on lower court appointees, a trade for no recess appointments, and the dems would reserve filabuster only for SC appointees?
August 5, 2005 5:42 PM | Reply | Permalink
This is the story of the fisherman's wife and the flounder. She just couldn't be satisfied with a nice cottage...a castle...with being crowned king...then pope.
What happened in the end is that the flounder got fed up, and she found herself back in her meagre lodgings.
We can hope!
August 5, 2005 6:12 PM | Reply | Permalink
Yesterday, people like E.J. Dionne wondered whether the decision to leak information about Roberts's pro bono work on behalf of gay rights was made to assuage liberals or scare conservatives. The timing of the DOJ's announcements makes it more likely that is was the former.
August 5, 2005 6:16 PM | Reply | Permalink
Maybe in those papers the DOJ wont release is a statement beginning, "We gay people want......".
August 5, 2005 6:23 PM | Reply | Permalink
Jeff, you're entirely right! These "circumstances" under which the Senate clearly can never expect any measure of executive compliance with document requests... why, they're positively "extraordinary," wouldn't you say?
August 5, 2005 6:43 PM | Reply | Permalink
Mr. Berman, what the hell are you talking about?
Did you forget that it's 55 Republicans in the Senate? They don't give a damn if the Senate is being stonewalled by the Administration. They want this guy in as much as Bush does.
They don't give a damn if the Senate exercises it's Constitutional authority or not.
Wake up.
August 5, 2005 7:25 PM | Reply | Permalink
For the moment, at least, it's not the 55 who matter. It's any coalition of 40.
August 6, 2005 6:17 AM | Reply | Permalink
When was Dubya EVER in meagre lodgings? He is a spoiled brat who has never done anything well. Even his elections were won by dishonesty and fraud.
August 6, 2005 6:43 AM | Reply | Permalink
I agree. Bush could have nominated a completely unqualified pervert like his father did! He is president and gets to nominate whoever he wants. Roberts is obviously intelligent, and has respect from everyone who has worked with him. We should all breathe a collective sigh of relief and let him go through.
The documents issue is separate. If Bolton's documents were stonewalled (for which there was NO decent reason), then forget these altogether, and get ready for the nominee who comes when Rhenquist goes. Now, THAT's gonna be scarey!
August 6, 2005 6:49 AM | Reply | Permalink
The Senate, no matter which party is the majority, has always been very protective of their role in our government. They view themselves with pride, as an important branch of the government. They have always been very determined to maintain the powers the Constitution gives them, and not lay down for the President of any party. However, that seems to have changed. Now, the Senate has only one request to ask of the President - "please, sir, hit me again!"
August 6, 2005 8:38 AM | Reply | Permalink
This should make it easier to hold the Senate Dems together.
"We're gonna filibuster until the Senate Judiciary Committee gets to consider all documents that were available to the Bush administration. This is particularly prudent in a case where the judge has a virtually non-existent record as an appeals court judge. We are not filibustering Roberts per se, but to enforce the principle the executive branch needs to share information."
August 6, 2005 11:35 AM | Reply | Permalink
I'm curious if there even is anything in the documents woth fighting over. It could be that Rove just wants to goad the Democrats into a fight that makes them look like obstructionists.
August 6, 2005 1:54 PM | Reply | Permalink
Senator Leahy's research group will extract a revealing framework of interrogatories. Folks inside the beltway know Mr. Roberts' activities full well. If SG is opting to withhold, trusting the Democratic will to demand is weak and Democratic minority status will limit options, that assessment may be adequate.
It is my understanding thousands of pages were released at the Reagan library this week, although many not released.
It is a pity so little of the data and strategy are in the public media yet. Unfortunately, Sen. Feinstein probably had the right first impression on how this discovery would go when she said in a cryptic jocund succinct way, 'I'm keeping my powder dry.'
I see the Roberts nomination as a ploy for rolling back civil rights, as a lot of his work in government was as a civil right expert, though in a position which required of him political advisory legal opinion writing.
It seems there is a lot of specious argument coming from SG, though the Democrats need more leverage if they are to obtain results in the form of documents. If some major news breaks, maybe Justice Sandra D. O'Connor will need to serve a few more months in the autumn while discovery and hearings proceed. I am trying to figure how any Republican would support the slightest hint of that at present; it is too much of a stretch to countenance now.
August 6, 2005 5:45 PM | Reply | Permalink