The one thing that Roberts and Miers immediately seem to have in common is complete judicial deference to the executive branch in wartime. An emailer makes the following important point:
I believe that the Roberts and Miers nominations reflect the Bush administration’s overriding preoccupation with preserving the prerogative to torture. As you know, it’s the only issue on which Bush has seriously threatened to veto congressional legislation (the McCain proposal that would outlaw cruel, inhumane, or degrading treatment). Roberts’ decision in Hamdan shows that he will give the administration carte blanche when it comes to the treatment of detainees. Miers’ close relationship to Bush and her role as White House Counsel (the position Alberto Gonzales had when he gave the torture policy his legal blessing) points the same way.
Hard to disagree. I think this president understands the gravity of his own legal decisions permitting cruel, inhumane and degrading treatment of military prisoners, even those clearly meriting Geneva protections. And he knows there’s a paper trail. My emailer points out that the war on terror is one of the GOP talking points:
Ken Mehlman, chairman of the Republican National Committee, yesterday held a conference call with conservative leaders to address their concerns about Miers. He stressed Bush’s close relationship with Miers and the need to confirm a justice who will not interfere with the administration’s management of the war on terrorism, according to a person who attended the teleconference.
The Miers appointment is completely compatible with the need to maintain the president’s approval of detainee abuse – against potential legislative checks and judicial oversight. The war for America’s soul continues.
The Dish 