In the end, the Bush team decided to deploy what seems to me a transparently phony argument that executive privilege over confidential papers forced them to withdraw Miers. The Bush statement is particularly lame:
“It is clear that senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House _ disclosures that would undermine a president’s ability to receive candid counsel. Harriet Miers’ decision demonstrates her deep respect for this essential aspect of the constitutional separation of powers – and confirms my deep respect and admiration for her.”
All of this was scripted in advance in Charles Krauthammer’s latest column. Either he’s brilliant and clairvoyant – and he is, of course – or he was nudged to air the strategy in advance. Or both.
REAX: A couple of thoughts. This is a big coup for the Washington conservative intellectual establishment and the counter-intelligentsia that has been deliberately built to tackle the left’s academic monopoly these last couple of decades. They wanted one of their own on the Court, and they’ll get one. At the very least, they have shown they have a veto against anyone too patently unqualified. Given Miers’ credentials and post-nomination performance, we may have reason to be grateful for their clout. Score one for Frum! Second, it’s again amazing how unable this president is to take full responsibility for his decisions and choices. Face-saving is not an unusual thing in politics. But equally it is never a sign of real strength. A strong president takes responsibility for his own choices, even if he feels misunderstood or misled. Reagan’s Iran-Contra confession was an example of someone strong enough to admit a failure. This president is not internally strong enough to do something similar. His strength is a form of brittleness. Like all brittleness, it is prone to cracking suddenly and without warning. It just did.