Toobin vs. Draper: Who's Right On Harriet Miers?

Huffington Post   |  Rachel Sklar   |   September 4, 2007 03:20 PM


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There has been much ado indeed about Dead Certain, the inside-the-Bush- White-House tome by GQ's Robert Draper that hits bookshelves today (Infighting in Bush's inner circle! Bush blaming Bremer for disbanding the Iraqi army — and Bremer striking back! You won't see Bush hanging out at the U.N. after he's out of office — he wants to do nothing after his Presidency! (Insert joke about obscene vacation day count here.) All very juicy, exciting stuff.

But there's another big book slated for September: The Nine, CNN/New Yorker scribe Jeffrey Toobin's hotly anticipated inside-the-Supreme-Court tome, out on Sept. 18th. Chapter 22, "I Know Her Heart," is about the abortive nomination of Harriet Miers to the Supreme Court (unintentional Roe pun, but hey, ). Toobin traces the genesis of the nomination from the resignation of Sandra Day O'Connor through to Miers' withdrawal from the nomination, ostensibly to preserve executive privilege.

Which is why I was surprised to read this in the WaPo article about the Draper book:

When Rove, President Bush's top political adviser, expressed concerns about the Miers selection, he was "shouted down" and subsequently muted his objections, Draper writes, while other advisers did not realize the outcry the nomination would cause within the president's conservative political base.

It was John G. Roberts Jr., now the chief justice of the United States, who suggested Miers to Bush as a possible Supreme Court justice, according to the book. Miers, the White House counsel and a Bush loyalist from Texas, did not want the job, but Bush and first lady Laura Bush prevailed on her to accept the nomination, Draper writes.

This does not dovetail with Toobin's account, which had Rove distracted by Plamegate and coming to the nomination process almost two weeks late, kicking off his involvement after the Miers nomination was a fait accompli with an October 2nd call to James Dobson. Nor does it say anything about Roberts suggesting Miers for the spot — a pretty shocking suggestion, given his then brand-new status as Chief Justice and what that might say about his agenda for the court.

So I asked Toobin about the inconsistency, who admits to having been "struck" by the Draper revelations — but more so struck by the official denial on the part of Supreme Court spokeswoman Kathy Arberg. "The Supremes rarely react to stuff in the press, one way or the other," said Toobin. Toobin reiterated that Senator Harry Reid had suggested Miers in a meeting with Bush on Sept. 21, 2005, after which Bush had offered — and Miers accepted — the nomination (Toobin's book traces the first suggestion of Miers to July 2005 by then WH Chief of Staff Andrew Card, who — fun fact! — makes news in Draper's book as having been "surprised and hurt" by the quickie nomination of his own replacement, Josh Bolten). At any rate, Toobin attributes the difference between his and Draper's account as probably a case of broken telephone: "The White House tried the idea out on a variety of people, including, no doubt, Roberts, who got to know Miers during his confirmation hearings. I'm sure he said nice, polite things about her, which someone may have construed as an endorsement for the Court."

Toobin's response was nice and polite itself, but here's my less-than-polite take: What was Draper smoking when he wrote that? It struck me immediately that for Roberts to have suggested Miers made NO SENSE on about a zillion levels, from having a political tin ear to exposing himself as a Machiavellian operator trying to stack the court to risking his own reputation on a complete non-scholar to whaaaaaaaaaaaaaa? I think my last reason is the most compelling. But Roberts, who carefully gave nothing away during his confirmation hearings (much to the dramatic and heartfelt consternation of Chuck Schumer, some may recall), seems by far a more careful and, well, judicious operator than that. To throw your very newfound weight behind, well, a lightweight so soon in the game strikes me as a move for a more impulsive and erratic personality. Say, Scalia.

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I think most likely both accounts are accurate. This White House has lied itself up one street and down another. When you keep telling lies and leaking to the press the stories are bound to be screwed up.

Draper had direct access to Bush and some of the other characters in the WH. I think the truth lies somewhere in the middle and I think both Toobin and Draper are correct in their accounts of events. It's the idiots behind the curtains that are lying.

Why would anyone be surprised by the naked politicization of the Supreme Court--that had to happen in order to ensure "the genius Rove's" permanent majority.

These clowns are wetting themselves for fear of being found out and prosecuted. They could do some very serious jail time.

    Favorite    Flag as abusive Posted 05:20 PM on 09/09/2007

I was in West Palm Beach FL during the recount. The counters had been given three days to recount. Miami quit because demonstrators were banging on the doors to the recount office. And then a full day before the deadline, the recount was stopped by the Secretary of State/ Bush campaign chair. At this point, the case went to the SCOUS. We all see the results of that non-decision.

    Favorite    Flag as abusive Posted 12:49 PM on 09/09/2007
- Nommo I'm a Fan of Nommo 77 fans permalink
photo

Dawn of the Dead Certain?

    Favorite    Flag as abusive Posted 03:00 PM on 09/05/2007
- buddycor I'm a Fan of buddycor 3 fans permalink

You also lost me Rach baby. You need better writing skills.

BTW Tobin is a retard.

    Favorite    Flag as abusive Posted 02:46 PM on 09/05/2007
- micdago I'm a Fan of micdago 2 fans permalink

Rach, baby, you write like Dennis Miller speaks! Toooo many parentheticals. Too cutsey. Ya lost me babe.

    Favorite    Flag as abusive Posted 09:47 AM on 09/05/2007
- Camel54 I'm a Fan of Camel54 20 fans permalink

I think the important thing to remember is how hot Rachel Sklar is. Once we all just accept that fact, we can begin to move past our national nightmare. In summary, these books are all pointless and Rachel Sklar is hot as balls.

    Favorite    Flag as abusive Posted 09:21 AM on 09/05/2007
- MikeStrong I'm a Fan of MikeStrong 2 fans permalink

Of the two accounts, from what little has been said about the books so far, and without seeing the books, I would tend to trust Toobin over Draper, especially because in the given accounts of the accounts Draper appears to me not to do much cross checking, just interviewing and accepting with this so-called very open access to "sources" in the White House. Why would they even give him truly open and honest access without trying to inject their own narrative?

He accepts what Bush says about the Roberts nomination. Who else does Draper ask about this? Did he not go to Roberts to confirm? Anyone Else. Roberts is denying this through the SC offices (not directly) but who in the SC would speak for Roberts without asking or being directed?

He accepts what Bush says about Bremer which Bremer disputes. Did Draper not go to Bremer and ask? This is a very important moment. In any case is it even plausible? And if it did come as a surprise it would not have been one for long. If it wasn't what was wanted, wouldn't a CIC have stopped or reversed the disbandment of the Iraqi army?

Neither of Draper's reported reportings seems to track from what little I have seen.

If we had only Draper's book and neither Toobin's book, the court's denial or Bremer's denial, we would probably all be hearing about the book in the same way Draper seems to have heard the accounts, without cross checking.

Luckily (why luckily, this should be routine) a few others in media bothered to do some basic cross-checking.

    Favorite    Flag as abusive Posted 08:56 AM on 09/05/2007

Recuse herself? Why didnt Scalia recuse himself when his son worked for Bush's lawfirm? No other judge in America would fail to recuse when a direct family member was representing a party. Unf#$@*ing unbelievable.

    Favorite    Flag as abusive Posted 08:50 AM on 09/05/2007
- NewsNag I'm a Fan of NewsNag 3 fans permalink

Regarding Sandra Day O'Connor. Thanks for your better decisions, SDO, but you were outed as having said at a public election night gathering, when you saw on TV that it seemed as if Gore was winning the election, that now you wouldn't be able to retire! Blatant partisanship! Not to mention terrible judgment! You should have recused yourself in Bush v. Gore! It is really creepy that you didn't. And yes you do bear a lot of responsibility for the disaster of these Bush junta years, the million dead for instance. You need to apologize to the country for your bad judgement and your dishonest approach to your duties, regarding your partisanship and lack of ethics thereby. You need to be your very own one-person Truth & Reconciliation Commission. It's not too late for you to help rescue your nation from the damage you personally inflicted on it. Are you moral enough to do so? Or are you just settling into your retirement with that giant bush-monkey on your back with nary a whimper, going into that good night with such a nightmare and heavy unspeakable burden?

Love,
News Nag

    Favorite    Flag as abusive Posted 07:40 AM on 09/05/2007
- naschkatze I'm a Fan of naschkatze 85 fans permalink

That's a nice, J'Accuse, NewsNag.

    Favorite    Flag as abusive Posted 12:25 PM on 09/05/2007
- NewsNag I'm a Fan of NewsNag 3 fans permalink

I remember reading back then that it WAS Democratic Senator Harry Reid who suggested Harriet Miers to Bush, probably seeding her name among others, and playing on Bush's ego to coax him into making a disastrous decision that would alienate Bush from his own base. Reid, a former boxer, executed a successful feint and a sharp jab that did more damage than it might have appeared at the time. In other words, Reid played Bush like the one-note pliable dull handsaw that he is. I do remember reading at the time that Reid was in the White House, as minority leader of the confirming body (the Senate), giving his advice about who could clear the Senate for the SCOTUS nomination. Give em hell, Harry. Then Bush's base gave their decider the old one-two.

I think Robert Draper's a decent writer but not the sharpest thinker in the thinkbox himself either. You have to realize that Draper, from Texas, got Bush's approval for the interview. Therefore, I see it as just one more case of Bush granting privilege (or power or position..­.) to someone whose acumen and skills are substandard for the position bestowed. Even though Draper's not a crony, he supplicated himself enough to get what he needed (kissed ass and implied that he would be, wink-wink, gentle with Bush's legacy) and ultimately exposed himself as being the somewhat less-than-stellar mind that he is. Not a lacky but not presidential historian or scholar either. A subpar performance with hope for improvement. A typical social climber, though.

Love,
News Nag

    Favorite    Flag as abusive Posted 07:30 AM on 09/05/2007
- TXfemmom I'm a Fan of TXfemmom 192 fans permalink

Sounds just like Woodward, huh? Kiss Bush's butt and he'll lie to you about anything.

    Favorite    Flag as abusive Posted 08:58 AM on 09/05/2007

I have as much faith in Jeffery Toobin as I do in that other hack, Bob Woodward. These beltway "journalists" have zero credibility in my eyes. Check out mediamatters.org if you want some examples of Toobin's reliability.

    Favorite    Flag as abusive Posted 07:11 AM on 09/05/2007
- joja I'm a Fan of joja 12 fans permalink

For any one of the Bushies to have a "thought," seems like an oxymoron to me, especially George.

These people don't give a shit about governing. It's all a big joke to them.

    Favorite    Flag as abusive Posted 05:22 AM on 09/05/2007

...but sadly HOLDING office gives them an ego boost and something to do besides selecting a theme for the next, yacht club soiree--although it's doubtful any of them CAN sail!

    Favorite    Flag as abusive Posted 05:45 AM on 09/05/2007

Rachel, it's a great post. (Why? Partly, _whaaaa_ etc_.)

I don't totally get what the Supremes PR person is denying, other than possibly that Roberts made any sort of suggestion (especially a really dumb one) re the replacement for Justice O'Connor. What I get, mostly, is "disarray," "easily influenced," and, shockingly, given the way the administration has stacked the courts, no real clue about a suitable Justice-nominee once Roberts on the court.

    Favorite    Flag as abusive Posted 01:42 AM on 09/05/2007

Bush is beyond anything we have ever seen in the oval office. Trying to make sense out of his blathering sensless speech is a fools errand.

    Favorite    Flag as abusive Posted 09:47 PM on 09/04/2007

How can one write a reliable book about this administration let alone about Resident Bush. Most all the sources are well-known prevaricators!!!

    Favorite    Flag as abusive Posted 09:15 PM on 09/04/2007
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