The Note: "You'll Be Proud of Harriet's Record, Rush"

— -- WASHINGTON, Oct. 4

NEWS SUMMARY
To review: On Miers Day 1, the White House did not to some seem to give the right or the left too many big, bold reasons to be enthusiastic about supporting the confirmation of the President's Supreme Court nominee (with the prominent exception of the, uhm, quixotic Harry Reid).

Miers Day 2 will be dominated by the Salesman-in-Chief's do-over press conference this morning at 10:30 am ET.

The brilliantly woven essay we wrote in the middle of the night is sort of useless now (classically OBE), because we have high expectations of some presidential reshuffling of the deck this morning. But we've salvaged a few thoughts to set the table for new POTUS words meant to soothe and excite.

We'll say it again -- any plausible nominee would have caused some sort of confirmation controversy. As they say in TV, only time will tell if the first-day Miers flaps (bureaucratic, undistinguished, paper-pushing cipher-crony, as some have said) will lead to bumpy confirmation.

Beyond the POTUS, we recommend you focus on:

-- the work of busy-bee investigative reporters (hard at work, faster and more furiously, than for John Roberts, it seems)

-- Rush at noon ET

-- Sen. Brownback whenever

-- Grover's World tomorrow morning

-- whether the White House reels back in any off-the-reservation conservatives (such as Bill Kristol)

-- tick tocks recounting whether the White House roll-out went as planned

White House counsel Miers continues courtesy calls on Capitol Hill today, with the details TBD.

The Senate meets at 9:45 am ET for debate and at 10:45 am ET to resume consideration of the Defense Department appropriations bill.

Miers: political analysis:
The Los Angeles Times' Ron Brownstein calls the Miers choice disorienting for many in Washington.

"For a President whose aides regularly tout his commitment to bold change -- to 'swinging for the fences' -- the Miers nomination struck many on both sides as unusually defensive: more like a bunt than a bid for a home run."LINK

The Washington Post's Dan Balz on the Miers pick: "the White House may have calculated that Bush can more easily afford some early heat from the right than a titanic struggle with Democrats that could tie up the Senate and leave him in an even weaker position three months from now."LINK

Dick Stevenson of the New York Times sees a President avoiding a fight. LINK

Nina Easton of the Boston Globe writes that, "Bush's choice of Miers was largely a process of elimination." LINK

Miers: nut graphs suggesting confirmation prospects:
Per the Washington Post's Michael Fletcher, the White House calculated that Miers would draw "broad support" based on "advance soundings" with Reid and Dr. James Dobson. But yesterday's response from conservatives "left that open to doubt."LINK

The Los Angeles Times' Vieth and Chen write that Miers' limited record leads some analysts to believe that her confirmation process will be less contentious. LINK

Wall Street Journal: "Despite the early positive soundings from some Democrats, Ms. Miers isn't guaranteed protection from the kind of bitter filibuster fights that have engulfed Bush nominees."

Bob Novak: "Surprisingly, President Bush's second nominee for the U.S. Supreme Court is not likely to trigger a bloody confirmation battle." LINK

"She is as safe a bet for Senate confirmation as any nominee who would be expected to follow a conservative line on the court. Barring some mistake she makes in the confirmation process, she looks likely to be confirmed without a filibuster."

Novak also suggests there could be "surprises" in the confirmation process.

Miers: key players react:
The Washington Post's Babbington and Edsall break down conservative reaction to the Miers pick. Pro-Miers: Sens. Sessions and Graham. Anti-Miers: Cato's Roger Pilon, the Weekly Standard's Bill Kristol, former presidential candidate Gary Bauer, and Operation Rescue's Troy Newman. In the wait-and-see category: Sens. Coburn and Brownback as well as Tony Perkins of the Family Research Council. LINK

From the New York Times and Dobson, "'Some of what I know I am not at liberty to talk about,' he said in an interview, explaining his decision to speak out in support of Ms. Miers. He declined to discuss his conversations with the White House." LINK

Dobson: "This for all the marbles. . . It is a scary moment for many of us."Also: "'Conservatives feel betrayed,' Richard Viguerie, a pioneer of conservative direct mail, said in a statement. 'resident Bush blinked.'

From the Wall Street Journal: "Curt Smith, head of the Indiana Family Institute and a leader of an organization formed to support Mr. Bush's judicial nominees, said: 'We are looking for reasons to support her, but we have not found them yet.'"From the New York Times: "'The Hispanic community of the United States, the nation's largest minority group, has been openly insulted by the failure to even seriously consider a distinguished Hispanic lawyer or judge,' Carlos Ortiz, the former president of the Hispanic National Bar Association, said in a statement." LINK

(Also: "Hispanics who otherwise would have supported a Republican presidential nominee in 2008 are going to want to vote for someone who they believe will keep their word.")

The Houston Chronicle also looks at Hispanic disappointment. LINK

The Los Angeles Times tag team of Curtius, Simon, and Reynolds on conservative disappointment: "For many . . . Bush's decision to bypass nominees with clear, conservative records was inexplicable and fell short of the sort of bold, confrontational choice they had expected."LINK

Sen. George Allen (R-VA) was cautiously non-committal on Miers, saying he needs to learn more about her qualifications and judicial philosophy. "This is a very important position. And I would surmise that most conservatives don't want to see another Souter," Allen told the Richmond-Times Dispatch. He added that his office received 100 calls questioning the nomination, compared to three in favor.LINK

Sen. Rick Santorum (R-PA) said in a statement that he "intended 'to carefully review the nominee's credentials and assess her qualifications and commitment to the rule of law' and that he hoped for dignity and respect in the confirmation process."LINK

Miers' 1988 donation to Al Gore's presidential campaign shouldn't worry conservatives, Vice President Cheney said yesterday.LINK

Sen. Dianne Feinstein (D-CA) told the San Francisco Chronicle there is "cause for optimism."LINK

The New York Post has Sen. Chuck Schumer's reaction to Miers' selection: "It could have been a lot worse" and he suggested Miers could be "a consensus nominee."LINK

The Hill looks at the ways in which the White House and GOP are scrambling to rein in conservative critics. LINK

Miers: editorials and op-eds:
The Wall Street Journal ed board is skeptical and disappointed, but is open to being won over.

The New York Times ed board thinks Miers is "stealthy." LINK

Randy Barnett, the Austin B. Fletcher Professor of Law at Boston University, has a well-placed Wall Street Journal op-ed piece that says Miers is a "crony" by the standards of the Founders.

The Washington Post ed board thinks Miers is "far from" being the most evidently qualified. LINK

The New York Post's editorial board writes that while Miers may have the trust of the President, he still has to make the case on her qualifications for the nomination.LINK

The New York Daily News calls Miers an empty slate.LINK

The Los Angeles Times' ed board thinks Miers' lack of a paper trail may come back to bite her.LINK

The New York Post's John Podhoretz bemoans Miers as a product of patronage unqualified for the Supreme Court, calling her "an unbecoming choice for one of the most important and influential jobs on this earth."LINK

John Yoo, a law professor at UC Berkeley best known for the "torture memos" he authored while in government, writes in the Washington Post that the President "swung and missed" yesterday. LINK

Pepperdine's Douglas Kmiec comes to Miers' defense in a Washington Post op-ed. LINK

The Washington Post's EJ Dionne sees the Miers pick as lose-lose given that conservatives wanted someone with a clear judicial record and given that liberals instinctively mistrust Bush.LINK

Miers: bio:
The New York Times' Purdum and Lewis: LINK

The Boston Globe's Charlie Savage: LINK

The Washington Post trio of Grunwald, Becker, and Goldstein: LINK

The Los Angeles Times' Serrano and Gold:LINK

Ed Chen of the Los Angeles Times looks at the Harry Reid-First Lady alliance. LINK

While the cronyism charge was tossed around by critics on both the right and left yesterday, the Los Angeles Times Janet Hook writes that Miers' choice was "in keeping with Bush's management style of promoting trusted advisors to positions of broader influence."LINK

The Washington Post's Peter Baker has details on the secret vetting process of Miers conducted by deputy White House counsel William K. Kelly. LINK

The Hill has Reid urging Bush to consider Miers at a White House meeting two weeks ago. LINK

Miers: legal analysis:
The New York Times' Toner says the abortion record is mixed. LINK

The Houston Chronicle looks at where Miers has been on issues like civil rights and campaign finance reform. LINK

Miers: investigative:
The New York Times on the Gtech story. LINK

DeLay:
The Washington Post's R. Jeffrey Smith writes that DeLay's latest indictment stands in the way of any quick reinstatement based on any legal flaws in last week's indictment.LINK

The New York Times on the new indictment and the Thatcher angle. LINK

The Los Angeles Times details the new indictment against DeLay, handed down within hours after a new grand jury was impaneled in Austin.LINK

Per the Washington Times' Charles Hurt, DeLay's political future depends on how quickly he can beat criminal charges against him -- if he can at all. LINK

Fitzgerald investigation:
The New York Times says that the paper will have a full account of Judy Miller's story, as soon as this weekend. LINK

Scooter Libby's lawyer said yesterday that Judy Miller and her attorneys are responsible for her 85 days in jail, reiterating that she was given permission a year ago to tell a prosecutor about private conversations she had with Libby, per the Washington Post. LINK

2008: Republicans:
The New York Times' Mike Janofsky begins his story about Mitt Romney and merit pay for teachers describing the Governor's plan as "bold" and ends it quoting him as wanting to rid the process of special interests. There is no "Julie Teer" byline or contributor line that we saw in our edition. LINK

In his Boston Globe op ed Peter S. Cannellos looks at possible '08 presidential candidates who all seem to stand left of the current administration except Sen. George Allen who seems to be a "clone" of President Bush LINK

The Washington Post's Sebastian Mallaby waxes philosophical about McCain and McCainism rescuing America from the me-me mindset. LINK

2008: Democrats:
The Boston Globe's Scot Lehigh writes that the DLC must carefully plan around Republican woes in order to gain in 2008. LINK

2008:
The Des Moines Register's Tom Beaumont curtain raises upcoming trips to the Hawkeye State by 08ers Brownback, Huckabee, Frist, Romney, and Bayh.LINK

2006:
Paul Hackett, the Iraq War veteran who was "hailed" by national Democrats for his narrow loss this summer in a heavily Republican House district, will challenge Ohio Sen. Mike DeWine in 2006, the AP reports. LINK

Hackett is planning to officially announce his decision Oct. 24.

Rep. Sherrod Brown (D-OH) is also thinking about challenging DeWine after initially saying he wouldn't run. LINK

The AP's Kimberly Hefling looks at the six Democratic Iraq vets running for House seats in 2006. LINK

2005:
Jim Rutenberg and Steven Greenhouse on Bloomberg's contract deal with the teachers union and how it enhances his electoral prospects. LINK