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October 22, 2005

The Harriet Miers three ring circus.

As I cruise the blog-o-sphere I am struck by two things.
1)Both the left and right want a savage bloody battle (the right a bit more then the left).
2)That senate hearings use to actually have a practical purpose.

When the first supreme court justices were appointed there was no Internet, email, TV, radio or telegraph. The media of the day was newspapers, there were a lot of them, and they make the screaming heads of cable news channels seem mild. Anyone with a printing press and an attitude could lie his way to infamy. Ben Franklin had a lot of fun with this, when he published letters about his foes and competitors, while attributing them to a third person. At one point he published an article saying a competitor was dead, knowing full well he wasn't. (Rupert Murdock, the new Ben Franklin? Yeeeew!)

IMHO the reason he could get away with this, is that he had his tongue very firmly planted in his cheek, and had a genuine love of knowledge and wisdom. He was also a voice of moderation in the continental congress. (Ben Franklin the first Centrist?)

But I digress. The point I am trying to make is that the Internet has accelerated the pace and

invasiveness to an incredible level. It seem like there is no point having actual hearings. Lets just have an online poll and let the whole country vote on the nomination. The microscope of the conventional media 20 years ago is nothing compared to the current level of information mastication occurring today. You can use a site like memeorandum.com to look at an original news item, then watch it discussed in blogs, then watch the blog entry be chewed on by other blogs. By the time a physical hearing occurs few minds are left to influence. All that really is left is for the senators to play sound byte gotcha.

It would appear that Miers has been nominated, probed and rejected even before a hearing date is set. I get the distinct feeling that the bloggers have voted, and her fifteen minutes are up. Why bother with those pesky elected representatives? I'm not sure I'm happy about this.

The picture that is emerging on the net is that of the worst kind of person. A fawning sycophant, who will say whatever the listener wants to hear, just to get on the supreme court. But I've never meet the women! Heck, I've never even seen her interviewed on TV. Has she even had a sit down, pre-staged, pre-scripted “interview” on FOX? I have heard nothing but bad things. Yet I have the sense she is getting the shaft.

I know the president is busy. Syria needs invading, most of his confidants are about to be under indictment, his poll numbers suck, Iraq, yadda, yadda, yadda...... But this whole nomination thing just doesn't feel right.

It feels like he wants it to fail.
Harriet Miers, human sacrifice?
Isn't All Hallow's Eve coming up?

Posted by BobJYoung at October 22, 2005 04:33 PM
Comments

Watch. On Hallween, she'll prove her worthiness to be on the Supreme Court by singlehandedly invading Syria for the "coolest president ever!!!" Then, when she's mowed down, W will hold her up as the nation's heroine, and demand that we all invade Syria to avenge her death.

Indictments? What indictments? The nation's at war, man! We don't need no stinkin' indictments! :-)

Posted by: Blue Jean at October 22, 2005 08:22 PM

Got any popcorn?

The hearings are going to be a three-ring circus. I put her odds of confirmation at roughly 50/50 right now. That can change either way depending on her performace in the hearings. But I don't think there's any doubt at all that we get the acrobats and clowns and donkey and elephant parade first. Should be amusing.

Don't hold your breath waiting on any substantive indictments out of FitzGerald. At best (or worst, depending on your POV) there might be some perjury slaps that are unlikely to result in convictions. Mickey Kaus has been having fun beating up on the New York Times, which is doing its best to jump through hoops to vilify their own reporter.

Posted by: Tully at October 23, 2005 01:02 PM

Funny. I seem to remember somebody who was impeached for perjury.

But Harriet will be a fun show. My favorite Harriet moment came when she was asked who her favorite Chief Justice was. She said "Warren.", leaving people to wonder whether she referring to Earl Warren or Warren Berger.

Heh. Pass the popcorn indeed.

Posted by: Blue Jean at October 23, 2005 04:51 PM

Apples and oranges, Jean. An impeachment isn't an indictment, and is by nature political, not criminal. Still, it was silly then and it'd be silly now. (I realize it still surprises people that I defended Clinton when he was impeached, as being a frivolous proxy prosecution. I think we're seeing a real lust from the left for the same thing now--a frivolous proxy prosecution.)

A substantive indictment would be an indictment for actually violating national security laws. Which is what the investigation was supposed to be about, and which I already predicted (and made book) would produce no IIPA indictments because IIPA wasn't violated. It's turned into pin-the-tail-on-the-staffer, which actually is kind of funny to watch, if a rather old gag on The Hill. Kinda like flushing quail by stomping through a hedgerow. What gets up may not be a game bird, but what the heck? Shoot it anyway!

So if no national security violations are shown and all indictments (if any!) are the result of the investigation itself, what do you call it? (Hint: Three rings, clowns, etc.)

Posted by: Tully at October 23, 2005 05:26 PM

I thought she meant Warren Beatty.

Posted by: Tully at October 23, 2005 05:27 PM

I think a good yardstick to use in this case would be: What would happen to us if we had.......?

I know that if I had done any leaking and lying, I would already been out the door.
And if I had leaked classified info, outed a CIA agent or lied to a grand jury I would be very worried right about now. I might not get 20 year in a super max facility, but something bad would happen to me.

Posted by: Bob J Young at October 23, 2005 06:27 PM

As time passes, I'm having a harder and harder time figuring out who is actually going to vote for Miers. Feels like 2/3 of democrats and half of republicans and going to vote her down.

I'm not ready to board the "omigosh the internet has amped the vitriol too high" train. I think this is moreso the impression you get if you are a wonkish junky, like some of us are. I think the end result of all the extra blogginf is that more relevant good points and factual data gets dug up and floats to the surface.

It's not elegant. That's for sure. But is it really the end of the world if more ranting and raving happens on a blog instead of while downing beers by the fire in the backyard?

Posted by: bk at October 23, 2005 07:58 PM

What I find fascinating is that it looks the rightwingers are planting stories to smear Miers

Political cannibalism is such fascinating theatre.

(Passing popcorn to Tully)

Posted by: carla at October 23, 2005 11:06 PM

I thought she meant Warren Beatty.

What??? You mean Senator Bulworth wasn't reading the answers? I am so disappointed...;-)

Just remember, if indictments do occur, follow the FBI frogmarching guidelines.....

Posted by: Blue Jean at October 24, 2005 03:48 AM

Anyon else wonder at this point just how close Tully may be with his 3-ring circus hypothesis? I an starting to think "3-act play." In the first act, Miers goes down in flames at the hands of a 2-winged coalition. In the the 2nd act, a hard right documented rockribber gets nominated to the crows of the right, but a filibuster is followed by the failure of the GOP to enforce complete party-line loyalty, and this person ultimately is not confirmed.

In the anticlimactic 3rd act, a compromise candidate that is well-liked personally by both parties but judicially a cipher is confirmed over the the same sorts of objections that carried the day against Miers in the 1st act.

Posted by: bk at October 24, 2005 09:45 AM

I concur.
The dogs of war want to be fed.
However, rejecting two Supreme Court nominees in a row is going to make the ruling party look even sillier.

Posted by: Bob J Young at October 24, 2005 09:59 AM

LOL, Jean. I read the guidelines right after the "Earle's Gone Wild" video....

Posted by: Tully at October 24, 2005 10:07 AM

Such a scenario may not result in the democrats looking any better. A filibuster may not be cost-free, and if the democrats overplay their hand, then the rockribber might get through. Depends on who it is. It's a dangerous game, and the democrats may not like who they end with any better than Miers, which may be reason enough to confirm her.

Posted by: bk at October 24, 2005 11:40 AM

Filibusters are NOT cost-free. Have we already forgotten the "nuclear option?" The Dems are chuckling gleefully because the GOP infighting over Miers gives them cover. But if Bush nominates someone with enough of a solid track record to please the far right, they can and will oppose.

Justice Stevens is 85. In case anyone forgot.

Posted by: Tully at October 24, 2005 12:12 PM
Isn't All Hallow's Eve coming up?

Just in time for the holiday, it's the Samhain Supremes!

Posted by: Tully at October 24, 2005 07:44 PM

For me personally, this is all nauseating. I can't trust the Republicans because they either were'nt given the nominee they DIDN'T deserve or they're "wink, wink, nod, nod"ing to supposed real truths about how Miers is.

I can't trust the Democrats because either their tears are crockidile (sp?) in nature or they just want to fight over what the President will NEVER give them.

I enjoyed the response to Katrina more.

As for the possible indictments, it wasn't fun in '98, what makes us think we'll enjoy it any more 7 years later.

Posted by: c3 at October 24, 2005 08:56 PM

Well at least Fitz did his thing on a budget compared to Star. So I think Tully is wrong, if non-substantive charges are filed it will be, at best, a one ring circus. :)

Posted by: Rick DeMent at October 26, 2005 08:15 AM

Depends on how many charges--Fitz's budget wasn't limited, it was the scope of his inquiry that was limited. A Special Prosecutor is much more bounded than an Independent Counsel. No one cries about the IC statute being gone unless the gun is pointed at the other guy.

Might be only one ring. But we'll still get the clown acts. Can't have a circus without the clowns!

Posted by: Tully at October 26, 2005 10:20 AM

Send in the clowns....OK. OK, OK, I'll stop. Just quit hitting me! ;-)

Glad you liked the frogmarching guidelines, Tully. EM does some funny stuff.

Posted by: Blue Jean at October 29, 2005 10:48 PM
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