Open Thread

Now that the Senate judiciary committee will be busy with Chertoff's confirmation to replace Gonzales, will the pace of COA confirmations be reduced? I wonder now if only Southwick and Elrod will be confirmed by the end of 2007.

Reply To ThisUser Info#1 — Mon, 2007-08-27 11:46

Senator Orrin Hatch of Utah is going to be nominated by President Bush to replace Attorney General Alberto R. Gonzales, so the confirmation process should be speedy and wrapped up by the late fall recess.

Regardless of this and any other considerations, it is plain that the Senate majority has decided not to confirm any more judges. I'd be greatly surprised to see any judicial nominee, even Leslie Southwick, who is on the executive calendar, confirmed this year.

Speaking of which, I call your attention to:

http://www.detnews.com/apps/pbcs.dll/article?AID=2007708270320

The editorial is encouraging and philosophically on point, but inaccurate in that it fails to note that Murphy and Kethledge were actually nominated in June, 2006, and that their nominations have been obstructed for almost 1.25 years.

I have met both Messrs. Murphy and Kethledge. They are extraordinary individuals. Both should have been on the United States Court of Appeals for the 6th Circuit many months ago, but now neither will be confirmed. It is my fervent hope that this failure to act will be taken into account when the populace casts their votes in Senate races across America next fall.

Very Truly Yours, RS

Reply To ThisUser Info#2 — Mon, 2007-08-27 12:10

He is being mentioned as a replacement for AGAG. Could he be nominated and then Keisler confirmed to take his place?

Reply To ThisUser Info#3 — Mon, 2007-08-27 12:51

Thank goodness this fool has finally left the building. I hate to agree with Harry Reid, but Gonzales was never qualified for the position. His only claim to fame was his friendship with Bush. He was a bumbling fool with a terrible memory. I hate to rehash old memories, but thank goodness prominent conservatives went after him in 2005, or he might be the worst Supreme Court justice on a court full of terrible Supreme Court justices.

Reply To ThisUser Info#4 — Mon, 2007-08-27 12:55
RSlaw by BoBo

Why in the world would Bush nominate Hatch? He is a senior member of too many important Senate committees. I doubt seriously that Bush will go with Hatch. Chertoff seems like a shoo-in.

Reply To ThisUser Info#5 — Mon, 2007-08-27 12:56
AC1 by BoBo

Silberman has already retired. He took senior status in 2000 and was replaced by Kavanaugh in 2006.

Reply To ThisUser Info#6 — Mon, 2007-08-27 13:04

.

Reply To ThisUser Info#7 — Mon, 2007-08-27 13:25
Hmmmmmmmmmm by Classic

Glen Beck says the real scandal is the prosecution, conviction and non-pardoning (to date) of the two border agents.

Clement will do a great job as interim.

Chertoff? What do the rest of you think?

Hugh Hewitt thinks it should be some young Turk who'se cut his'her teeth working on the global war on terror--take it to the Dems!

I guess Liebermann wouldn't be a good idea, even though the Conn. Republican governor would hopefully appoint a Republican to replace him.

If there's a deadlock on the nominee, how 'bout a recess appointment... Robert Bork?!

Reply To ThisUser Info#8 — Mon, 2007-08-27 13:43
Who next for AG? by Matthew Friendly

I think it would be a mistake to nominate Clement or Chertoff. With only a year left in the Bush administration, it would be difficult and disruptive to have to replace the AG and the SG, or the AG and the Sec of DHS.

Go with a very competent, conservative outsider - Laurence Silberman, Ted Olson, George Terwilliger, Steven Calabresi - someone like that. Carter Phillips, Douglas Cox, Viet Dinh, and Andrew McBride also come to mind.

Within the administration, I'd also consider Frances Townsend, William Mueller, and William Kelley.

Reply To ThisUser Info#9 — Mon, 2007-08-27 13:43
Clement by Matthew Friendly

Clement has been named interim AG? Then keep it that way. Do not nominate anyone, and let Clement remain as "interim" AG for the remainder of Bush's administration.

Reply To ThisUser Info#10 — Mon, 2007-08-27 13:45
Matthew by BillM

"Clement has been named interim AG? Then keep it that way. Do not nominate anyone, and let Clement remain as "interim" AG for the remainder of Bush's administration."

Absolutely goldurned right. The last thing we need is wasting MORE time w/AG hearings that will be nothing but non-veiled partisan piling-ons, and could be better used on confirming JUDGES. Nominating Chertoff would be esp. stupid as that necessitates TWO sets of hearings.

Gonzo, Rove & Miers were dead from the moment it became clear there was a bit more than performance to some of the US Atty firings, and all should've left months ago. Exactly the same results as clinging to Rumsfeld, Boyle, Haynes & Myers last year.

Why on earth would the freshly re-elected 70+ y.o. Hatch give up his lifetime seat to go thru this nonsense? Ditto for the 70+ y.o. old Silberman. Silby esp. would be crazy to become a lame-duck AG/punching bag for 18 months. At least Hatch would get his old job back in 2009.

Does anything legally preclude PClem from serving as SG/"interim" AG concurrently? The Dems will squawk anyway, as they'd want hearings to beat up on Bush, but by Valentine's Day Hillary v Rudy will be set in stone, so no one'll give a rat's about the Atty Gen anyway.

Of course, no one'll care about getting more judges confirmed either, so there you go. Just an unbelievable lack of tactical & strategic ability by this WH re: judges. Never ceases to amaze.

Praise The Lord (and WHR & conservative commentators) that we have JGR & Alito Up There instead of Gonzo & Miers, or even worse, Gonzo & O'Connor. Can't imagine how we somehow got JRB, Pryor, Owen & Kavanaugh thru either.

/rant

Reply To ThisUser Info#11 — Mon, 2007-08-27 14:22
Former Senators? by Matthew Friendly

How about Jim Talent? Or George Allen? Both accomplished attorneys.

Reply To ThisUser Info#12 — Mon, 2007-08-27 14:23
I'd prefer by Classic

Talent over Allen. Perhaps Talent will be Mitt's Veep.

Reply To ThisUser Info#13 — Mon, 2007-08-27 15:25

although I think you'd have to recess appoint him.

Oz

www.first-cut-politics.blospot.com

Reply To ThisUser Info#14 — Mon, 2007-08-27 15:52
Correction by BoBo

http://www.cnn.com/2007/POLITICS/08/27/gonzales/index.html

CNN is now changing its tune about Chertoff:

"Some senior administration officials floated Homeland Security chief Michael Chertoff as a possible replacement, but others waved CNN away from Chertoff, saying that his nomination could run into problems because of his role during Hurricane Katrina.

A congressional source familiar with deliberations about Gonzales' replacement told CNN that the successor will not be Chertoff and that senior administration officials are "playing you guys," referring to the media.

A source close to Chertoff said of a possible nomination, "this would be a surprise to Mike.""

At the present time, I agree with Classic's opinion from Hugh Hewitt. Either let Clement act as AG until the end of Bush's term (recess appoint him if necessary) or nominate someone else who's young and commanding like Ted Cruz or Miguel Estrada.

Reply To ThisUser Info#15 — Mon, 2007-08-27 16:51

http://www.scotusblog.com/movabletype/archives/2007/08/clement_and_gar.h...

"Energetic, smart, seasoned, and totally committed to some of the Bush Administration's most controversial legal positions -- an apt description of U.S. Solicitor General Paul D. Clement, who takes over temporarily as Attorney General, and Deputy Solicitor Gregory G. Garre, who seems likely to assume at least temporarily the duties of Solicitor General. And, if as seems a real prospect, those two are nominated by President Bush to hold those positions in their own right, controversy almost surely would accompany them to the U.S. Senate but both, in the end, would probably be confirmed. Neither has stirred up the kind of unrelenting criticism that has dogged the now-resigned Attorney General, Alberto R. Gonzales: they are, in a phrase, Bush loyalists without the taint of Democratic hostility."

"Even if Clement's assumption of Gonzales' office turns out to be only temporary, it certainly will last weeks and probably months into the new Supreme Court Term. The Democratic-controlled Senate would not move with dispatch on any nominee to succeed Gonzales; the progressive interest groups that have a pile of grievances against the Administration would no doubt emerge as at least visible, if not vociferous, challengers even of Clement. A nomination process for Clement would have to be a political show, no matter how it might come out in the end. However, Clement goes in with one advantage that Gonzales never enjoyed: he is thoroughly accustomed to verbal combat, on important public stages, and is considerably more articulate than Gonzales has been. Clement also does not have the personal identification with George Bush that has become such a liability for Gonzales."

"In passing, it should be noted that President Bush does not have to make a new nomination for either the Attorney General or Solicitor General positions, and, with only 17 months left in the Bush Presidency, it may be tempting to try to avoid a fight over such nominations. The two could serve in an Acting capacity, as others in those offices have done previously -- sometimes, expressly to avoid a fight in the Senate.

Would Clement be interested in the Attorney General's job? The answer is very likely a fervent "yes." He has achieved almost all of what a Solicitor General might have hoped for in his quite distinguished tenure in that seat, and it would be a definite boost for his professional future to have served as Attorney General. There has been talk, of course, that the President may want to reward Clement for his government service by nominating him for a federal judgeship. While Clement might be able to win Senate confirmation for a judgeship, as the Bush Presidency winds down, there will be less and less incentive for the Democratic Senate to fill many seats on the federal bench. That remains a possibility, though, if the President should decide not to nominate Clement for Attorney General by opting for a different candidate."

Reply To ThisUser Info#16 — Mon, 2007-08-27 17:00

http://corner.nationalreview.com/post/?q=M2MyMDY1ZmRkNTQ4MjdjNDc2ODk0ZDY...

"The Case for Olson vs. Clement for AG [Kathryn Jean Lopez]

Awkward but true: Ted Olson is a youthful, vigorous 67. Paul Clement is youthful, vigorous 41. Clement should be saved for SCOTUS."

Reply To ThisUser Info#17 — Mon, 2007-08-27 17:06

http://time-blog.com/real_clear_politics/2007/08/idahos_craig_arrested_i...

"Idaho's Craig Arrested in June at Minnesota Airport."

What do people think about the re-election chances of Craig in 2008?

Reply To ThisUser Info#18 — Mon, 2007-08-27 17:13
Sounds Like Trouble for Craig by BananaRepublican

Craig should decline to run, and Bill Sali should run for his Senate seat. Tom Coburn would have yet another soldier in his battle against government spending in the senate. :-)

Reply To ThisUser Info#19 — Mon, 2007-08-27 17:26
Clement-- by Classic

doesn't have to be an either/or.

Reply To ThisUser Info#20 — Mon, 2007-08-27 17:31
Idaho by Classic

Is there a replacment yet for the other GOP senator--who died? If Craig resigned now, wouldn't the Dem governor have to appoint a Republican for that too, given the state law? If Sali's that good, maybe the three choices should be Sali, Sali and Sali. Some background on him, please.

Reply To ThisUser Info#21 — Mon, 2007-08-27 17:34

That would be red meat right now. He is going to play a big role with Rudy. I don't think he'd chance a confirmation food fight.

I'd offer it to Ben Nelson!

As for Craig, the guy should decline to seek re-election. And Ted Stevens should leave now so Palin can replace him before the election.

Reply To ThisUser Info#22 — Mon, 2007-08-27 17:36

EOM

Reply To ThisUser Info#23 — Mon, 2007-08-27 17:36
Craig by AC1

I don't think Craig was going to run again anyway. There are several GOP candidates lined up to run. If we can't hold a seat in Idaho then we don't deserve to have even 40 seats.

Reply To ThisUser Info#24 — Mon, 2007-08-27 17:38

I am getting pretty sick of this despicable conduct by Republicans in Congress.

Last year it was Duke Cunningham, Bob Ney, and Mark Foley.

This year we have Ted Stevens, Don Young, Rick Renzi, David Vitter, and now this clown Craig?

Democrats, as a party, are far more corrupt than Republicans, but the only Congressional Democrat in trouble is Bill Jefferson. As a result, the Republican Party is getting increasingly synonymous with sleaze and corruption.

Reply To ThisUser Info#25 — Mon, 2007-08-27 18:03
BoBo by Matthew Friendly

Where's my hat tip for the idea of keeping Clement as the "interim" or "acting" AG for the remainder of the Bush administration??

Reply To ThisUser Info#26 — Mon, 2007-08-27 18:13
Matthew by BoBo

Yes, you did mention keeping Clement as an interim AG first. I didn't mean to slight you. I simply was talking about Clement in the context of Classic's reference to giving the job to, "some young Turk." I view Clement in the same positive light as other "young Turks," Ted Cruz and Miguel Estrada.

Reply To ThisUser Info#27 — Mon, 2007-08-27 18:36
Woops-- by Classic

Red Oak, you're right. All the more reason for Craig to resign immediately, giving an advantage to the person who steps in for him. And, I agree with you that his connection to Rudy means he'd rather wait to see Rudy elected and then receive whatever plum he wants.

Also, check out Hugh Hewitt for what's going on in Louisiana.

Reply To ThisUser Info#28 — Mon, 2007-08-27 18:56
Wyoming-- by Classic

Now that I've given my mea culpa, does anyone know whether the Wyoming gov. has appointed the new senator from that state? If so what his or her name is--and something about him/her?

Reply To ThisUser Info#29 — Mon, 2007-08-27 18:57

Senator John Barrasso (R - WY)

Next Election: 2008 Mailing Address:
SRC-5 Russell Senate Office Building
Washington, DC 20510

Contact by Phone:
(202) 224-6441

Because of this situation, both WY senators will stand for re-election in 08.

Reply To ThisUser Info#30 — Mon, 2007-08-27 18:59

from the Romney campaign. Pretty fast work by that well organized group. I wish Craig would see the light for his state as well.

Reply To ThisUser Info#31 — Mon, 2007-08-27 20:02
Classic by Matthew Friendly

All commentary and indications are that Senator Barrasso is a strong conservative and will make a fine addition to the Senate.

Reply To ThisUser Info#32 — Mon, 2007-08-27 21:01
Thanks, MF by Classic

I'm very glad to hear it. May it be so.

Reply To ThisUser Info#33 — Mon, 2007-08-27 21:02

...for cutting Bojangles Craig loose immediately. If he doesn't resign w/in 48hrs, Gov. Otter & Sen. Crapo need to start publicly demanding it. No more dead chicken collars.

Reply To ThisUser Info#34 — Mon, 2007-08-27 21:49

Any advice from Hugh Hewitt should be quickly discarded. As far as Hugh is concerned, everything revolves around the war on terror. I don't want to minimize its importance, but there is more to governance than terrorist concerns. The next AG should be selected because of his/her legal credentials, not because of his/her devotion to hunting down the "evil doers". Let's not forget that Hugh's advice in 2005 would have led to Justice Harriet Miers.

Reply To ThisUser Info#35 — Mon, 2007-08-27 23:32
Craig should go by eyedsman

regardless of whether it is Hugh or some republican joe demanding it. Garbage is garbage and this kind of filth must be purged from the ranks.

"What most people really object to when they object to a free market is that it is so hard for them to shape it to their own will. At the bottom of many criticisms of the market economy is really lack of belief in freedom itself."

-- Milton Friedman

Reply To ThisUser Info#36 — Tue, 2007-08-28 12:32

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