Harriet Martyr

by matt at 7:00 am on October 13th, 2005 in Supreme Court

Even though the President was eager to prove that he still hasn’t forgotten Poland by meeting with that nation’s outgoing leader on Wednesday, the White House press corps came down with amnesia while he was still in the room. Their first question at the joint appearance:

Q Thank you, Mr. President. Why do people in this White House feel it’s necessary to tell your supporters that Harriet Miers attends a very conservative Christian church? Is that your strategy to repair the divide that has developed among conservatives over her nominee?

PRESIDENT BUSH: People ask me why I picked Harriet Miers. They want to know Harriet Miers‘ background; they want to know as much as they possibly can before they form opinions. And part of Harriet Miers’ life is her religion.

The Sunday School lesson spilled over into Scott McClellan’s press briefing where, maybe for the first time, the administration was forced to deal with the back half of a political calculation. Sure, stressing her religion to their church-going base will make it an easier sell, but it also raises questions with the silent majority of Americans who’d just as soon not see a theocracy replace the Constitution. And as everyone is playing the parlor game of “Why Harriet,” it is the President’s own words that are most curious:

“So our outreach program has been just to explain the facts to people. But, more importantly, Harriet is going to be able to explain the facts to the people when she testifies.”

Ten days after Bush selected Miers, no Senate hearing dates have been set, which conflicts with the timetable that accompanied her nomination:

Hours after President Bush nominated his White House counsel, Harriet Miers, to the Supreme Court, Senate Republicans said they would press for confirmation by Thanksgiving — a tight timetable that allows fewer than eight weeks for lawmakers to review her record, hold hearings and vote.

The week and a half interval has been notable for criticism of the nomination on qualification and cronyism grounds, while the pushback from Bush allies has focused on nothing but religion. Meanwhile, Miers is probably farther away from a black robe than when this circus started. That might not have been the White House’s plan, but now that the leaders on the right are running an opposition that Democrats can only envy, it might be time to make the best out of a bad situation.

The right wanted a fight on this one, and they didn’t get it, but at the same time it would be unreasonable for them to think that Bush wasn’t 100% sure where Miers stood on all the issues important to them. With resistance from Senate staffers and some heavyweight pundits, it’s becoming more likely that Miers will be forced to withdraw her name from consideration. By continuing to stress her religious beliefs, the administration turns Miers into a martyr and a loss into fodder for the subsequent Supreme Court battle as well as the 2006 elections where Democrats (despite their almost total silence now) could be accused of Borking Miers. The President would almost certainly get more deference on a new nominee because Democrats would not want to be seen as blocking a second nominee, and the Republican base, demoralized now, would have something to fight for in next year’s mid-terms.

If this sounds farfetched, take a look back at some of the political jiu-jitsu moments of the last 5+ years:

  • Al Gore was labeled a liar despite running against George W. Bush
  • The President on whose watch 9/11 happened won reelection because he was seen as tougher on terrorism, despite the failure to capture of kill Osama bin Laden or Ayman Al-Zawahiri
  • Decorated war veterans John Kerry and Max Cleland were painted as unpatriotic despite running against men with no combat service
  • The Department of Homeland Security was a Democratic idea hijacked by Republicans, who then used it to sweep the 2002 mid-terms
  • Though no Iraqis were on any of the 9/11 planes and no proof has been introduced implicating Iraq, one-third of Americans still believe that Saddam Hussein “was personally involved” in 9/11
  • Manipulation and inverting strengths and weaknesses is this administration’s signature. Focusing on Miers’ religion puts Democrats in a tough spot no matter who actually is complaining. Think the White House wouldn’t throw Miers over the edge to counter the 48-39 lead Democrats are holding in 2006 generic ballot polling? Think again.

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