The Note: Down Time, Break Time, Summertime

— -- WASHINGTON, Sep. 30

NEWS SUMMARY
Fridays are for cleaning up unfinished business from Thursday before Miller Time and the weekend.

Here are the questions we raised yesterday (bolded), almost all of which have answers now (in italics), a mere 24 hours later:

Known to others but not to The Note:
-- Will the O'Connor replacement announcement be tomorrow or next week? (The Gang of 500 -- more sure than ever that it won't be Al Gonzales but less sure than ever about whether white men are eligible -- has the first Monday in October penned in as announcement day.)

-- How does David Dreier feel about what happened yesterday? (We still don't know the answer to that, but we do wonder how Roy Blunt feels about these two blind quotes, courtesy of the Los Angeles Times and Washington Post (dis)respectfully: "'DeLay felt that Blunt wasn't carrying his weight,' said one Republican lawmaker" and "'He's the kind of guy always looking over your shoulder when you are talking to him, looking for something better,' a top House Republican leader said.")

-- Is the Fitzgerald leak investigation about to trump everything else? (And we don't mean the Judy Miller part.) (We tried to warn all y'all about Miller, so don't ignore the first part of yesterday's item.)

-- Did someone secretly sing against Tom DeLay? (The papers today are filled with speculation, and we wonder what kind of thoughts and conversations DeLay himself has had about this potentially important concept.)

-- Is Terry Nelson all lawyered up? (Apparently not, according to a source familiar with the investigation, who says Nelson has been assured by the prosecutor in writing and orally that he is neither a subject nor a target of the DeLay investigation "in any shape, in any way, in any form.")

-- Does Roland Betts read the Washington Post op-ed page? (Elisabeth Bumiller assures us he does not.)

-- When was the last time the President met face-to-face with a potential Supreme? (Even Kevin Bohn can't stake out Camp David effectively.)

-- Were DeLay's lawyers jake with him doing those two cable interviews last night? (Presumably so, since, as the Washington Post's Dan Balz describes it, DeLay is "giving interviews on television with the frequency of someone who has just won an election rather than one who has just received legal papers.")

Unknown to all:
-- How big a role will Mr. DeLay play in House leadership decisions as the Gentleman from Texas's 22nd District? (Trending small rather than big, it seems to most.)

-- Will Mr. DeLay ever return as Leader? (Trending no rather than yes, it seems to most.)

-- Are Katrina off-sets more or less likely after yesterday? (Rhetorically yes, substantively no, it seems to The Note.)

-- Which investigators will drop a shoe first: those looking at Sen./Dr./Leader Frist or those looking at Jack Abramoff, Inc.? (On reflection, only one of the two probably matter for 2006, anyway.)

-- Will more than 28 House seats be truly in play in 2006? (We have moved the over/under to 31.)

New York Times reporter Judith Miller is expected to testify before a grand jury at the US District Court in Washington, DC at 10:00 am ET. If you are a journalism student or tourist and want to see what a big-time media stakeout looks like, this is your chance.

President Bush, Vice President Cheney, and Defense Secretary Donald Rumsfeld participate in a 10:00 am ET farewell tribute to Gen. Richard Myers at Fort Myer, VA. The President is scheduled to depart the White House for Camp David at 1:10 pm ET. He is expected to remain there over the weekend.

Gov. Arnold Schwarzenegger (R-CA) plans to take an aerial tour of the Topanga fire area at approximately 4:30 pm ET. He will also receive a private briefing by emergency service personnel and make brief remarks at the incident command post. Earlier in the day, he is scheduled to hold a "town hall meeting" at 1:00 pm ET in Escondido, CA to push his special election agenda.

The Progressive Policy Institute hosts a 9:30 am ET "Judging the Judges" forum at PPI headquarters in Washington, DC. The forum will feature remarks from National Journal's Stuart Taylor, George Washington Law Prof. Jeffrey Rosen, and the Democratic Leadership Council's Ed Kilgore. PPI President Will Marshall -- a moderate man in nearly every respect -- will moderate the discussion.

Sen. Russ Feingold (D-WI) holds a press conference with Manchester, NH Mayor Bob Baines today as part of Feingold's first trip to the Granite State as a potential 2008 presidential candidate. While in the state, Feingold will also meet with New Hampshire Democratic Party leaders in Concord and has accepted an invitation to speak at the Rockingham Democratic Party Eleanor Roosevelt Dinner. On Saturday, Feingold will hold a listening session at Dartmouth College in Hanover, NH.

Also on Saturday, former President Jimmy Carter turns 81, Gov. Mike Huckabee (R-AR) speaks at a South Carolina Republican Party fundraiser in Columbia, and a DNC panel examining the party's nominating calendar meets in Washington, DC (see below for more).

If you are a wealthy political contributor, you may want to take your phone off the hook today, the final day of the third quarter fundraising period.

Make sure to tune in to "This Week with George Stephanopoulos" on your local ABC station Sunday morning to catch an exclusive interview with Supreme Court Justice Stephen Breyer.

In this huge, must-see Sunday interview on the eve of the new Supreme Court term, Breyer candidly talks about his role on the High Court and the pressure he often feels when casting the crucial fifth vote. He shares his thoughts on the new Chief Justice and addresses the issue of diversity on the court. He also lays out his judicial philosophy as outlined in his new book "Active Liberty," and explains to George how his approach differs from those of his colleagues.

The Fitzgerald investigation:
Judith Miller is out of jail due a deal she struck with her source, Scooter Libby, and prosecutor Patrick Fitzgerald.

"Mr. Fitzgerald has said that obtaining Ms. Miller's testimony was one of the last remaining objectives of his inquiry, and the deal with her suggests that the prosecutor may soon end the long-running investigation. It is unknown whether prosecutors will charge anyone in the Bush administration with wrongdoing," write David Johnston and Douglas Jehl of the New York Times. LINK

More: "As part of the agreement, Mr. Bennett gave Mr. Fitzgerald edited versions of notes (sic) taken by Ms. Miller about her conversations with Mr. Libby."

The breathless Timesmen also have a description of the Miller/Libby July 2003 from the perspective of the Libby camp:

"According to someone who has been briefed on Mr. Libby's testimony and who believes that his statements show he did nothing wrong, Ms. Miller asked Mr. Libby during their conversations in July 2003 whether he knew Joseph C. Wilson IV, the former ambassador who wrote an Op-Ed article in The Times on July 6, 2003, criticizing the Bush administration. Ms. Miller's lawyers declined to discuss the conversations."

"Mr. Libby said that he did not know Mr. Wilson but that he had heard from the C.I.A. that the former ambassador's wife, an agency employee, might have had a role in arranging a trip that Mr. Wilson took to Africa on behalf of the agency to investigate reports of Iraq's efforts to obtain nuclear material. Mr. Wilson's wife is Ms. Wilson."

"Mr. Libby did not know her name or her position at the agency and therefore did not discuss these matters with Ms. Miller, the person who had been briefed on the matter said."

The Washington Post's Schmidt and VandeHei contrast Bill Keller's statement that Miller only recently was released from her obligation with an assertion from Libby's attorney, Joseph Tate, that he told Miller attorney Floyd Abrams a year ago that Libby's waiver was voluntary and that Miller was free to testify.

He said last night that he was contacted by Bennett several weeks ago, and was surprised to learn that Miller had not accepted that representation as authorization to speak with prosecutors. 'We told her lawyers it was not coerced,' Tate said. 'We are surprised to learn we had anything to do with her incarceration.'" LINK

If you are confused about the circumstances of Miller's release from jail yesterday, you are not alone.

While participating in a C-SPAN power house roundtable this morning with the Washington Post's Dan Balz and the Houston Chronicle's Cragg Hines, Time Magazine's Matthew Cooper was asked by Brian Lamb why Judy Miller went to jail.

"She didn't feel the same level of comfort from her sources that I did," Cooper said.

Cooper said he is hoping that the New York Times will have some "transparency" and explain "what changed."

I find it "quite confusing," he said.

We could write more here about our theories about Ms. Miller and related matters, but The Note would be 45 pages long if we did.

Miller's statement suggested she might have more to say after her grand jury appearance. What form that might take is anyone's guess. (Note to cable bookers: hold your fire.)

DeLay: news of day:
The Wall Street Journal's McKinnon and Mullins have the best take anyone has done yet on how the Republican's 2005 legislative agenda has now changed, because of a confluence of factors. A must-read on A4.

The New York Times on Tom DeLay's round of interviews including his CNN appearance in which he said he would deliver evidence, "when it's timely," showing Rep. Nancy Pelosi's (D-CA) urging prosecutor Ronnie Earle to issue this indictment – a charge Pelosi denies. LINK

Glen Justice of the New York Times looks at the impact DeLay's indictment may or may not have on Republican fundraising efforts. LINK

While Noting that two Republican House members (Reps. Jeb Bradley of New Hampshire and Heather Wilson of New Mexico) have returned funds donated to their campaigns by DeLay's PAC, USA Today's Andrea Stone has Frank Luntz reminding a group of House members Thursday to dance with the one that brung ya. LINK

Julie Mason of the Houston Chronicle writes that although President Bush and Rep. DeLay both rose to power together post 1994, their relationship was quite a "cool" one. LINK

DeLay: the legal case:
Scott Gold of the Los Angeles Times looks at the potential evidence against DeLay (listing John Colyandro, Jim Ellis, and Warren RoBold as possibly cooperating witnesses) and then has this: LINK

"Prosecutors are expected to seize upon the testimony of one defense witness in the civil case, Charlie Spies, a former attorney for the Republican National Committee."

"In one exchange during that trial, Spies was asked to add up a series of contributions that were made to TRMPAC and a series of contributions that the Republican National Committee made to legislative candidates in Texas. Both lists added up to $190,000."

"'That was pure coincidence?' asked the lawyer for the Democrats, Cris Feldman."

"'I don't think I'd use the word 'coincidence,'"' Spies replied."

The Houston Chronicle reports that DeLay and his legal team seem to some to contradict themselves when it comes to grand jury testimony. LINK

DeLay: the House Republican Conference:
The Washington Post's Dan Balz on DeLay in yet another Balz must-read: "Even if he is able to beat the indictment in Texas and avoid other potential problems, there is no guarantee that his colleagues will want him back. At some point they may decide that it is in their interest politically to move beyond the DeLay era, regardless of the status of his legal situations. LINK

Under a headline that screams "Boot DeLay: He Shames the GOP," the New Hampshire Union Leader editorializes "Even if the indictment is entirely meritless, DeLay is an embarrassment as a majority leader." LINK

After Tom DeLay and Denny Hastert met yesterday, Hastert spokesguy Ron Bonjean told the AP's David Espo that they had decided that DeLay will remain a "very powerful adviser" to the Republican leadership while he battles the conspiracy charge. LINK

Nobody is going to call Rep. Zach Wamp (R-TN) shy or cautious. The New York Times' Carl Hulse has Wamp declaring his intentions to run for whip in his story that looks at the maneuverings within the Republican conference and the thoughts of some which indicate a more permanent leadership restructuring could happen before the new session begins in January. (Don't miss the excellent details about office space as well.) LINK

Per the Washington Post's VandeHei and Goldstein, several GOPers signaled their eagerness to move into leadership posts: Rep. Zach Wamp (R-TN) was the first to raise his hand, vowing to run for majority whip. . . Other possible candidates include Reps. John A. Boehner (OH), Mike Pence (IN) and Mike Rogers (MI), lawmakers said. LINK

The Boston Globe's Rick Klein reports there are cracks already appearing in the GOP's united front for DeLay. LINK

The Los Angeles Times Curtius looks at how Mr. Blunt of Missouri is faring and has fared. LINK

House Republicans are reserving judgment on Rep. Blunt as majority leader until he proves himself able to drive the conservative agenda reports Stephen Dinan and Amy Fagan of the Washington Times. LINK

The New York Times' Kirkpatrick reports: LINK

DeLay: blind and other quotes:
"He's definitely in the bunker. . . I suspect he'll go underground for a little while on the fund-raising side." – from "one veteran Republican lobbyist" in the New York Times. LINK

DeLay: the prosecutor:
National Review's Byron York provides all the details on "The Big Buy," a documentary film depicting Ronnie Earle's pursuit of Tom DeLay and his associates for alleged violation of campaign finance laws. LINK

DeLay, Inc:
The Los Angeles Times' Hamburger and Wallsten look at the empire on K Street that DeLay, Inc. built. LINK

DeLay: how it's playing in Peoria:
The Los Angeles Times does person-on-the-streets of Sugarland. LINK

The Hawkeye State's Terry Nelson and his work for some Iowa congressional candidates are getting lots of local press attention now that the former Bush-Cheney campaign adviser is named in the DeLay indictment. LINK

and LINK

Bennett flap: Let's see if Bennett changes his stance today, if Republicans are forced to repudiate him, and if Democrats keep at it. The story got serious play on the morning shows -- less so in the papers.

David Kirkpatrick of the New York Times has the to and fro over Bennett's racially charged remarks. LINK

The O'Connor seat:
From the New York Times: "'You're going to get a filibuster either way,' said Senator Sam Brownback, Republican of Kansas, who said he had told the White House that he wanted the next nominee to have a demonstrated record of willingness to reconsider Roe v. Wade, the Supreme Court's 1973 abortion decision. 'So let's fight over something we know what the fight is about.'" LINK

The New York Times short list going into the final weekend: Miers, Williams, Thompson, Alito.

The Wall Street Journal's Cummings and Bravin lean into the "white man" option today.

The Washington Post reports that "among Republicans close to the White House, the most commonly mentioned candidates in the past couple of days were" Miers, Thompson, and Williams. LINK

Wendy Jeffcoat writes in the Times and Democrat that Sen. Lindsey Graham said Fourth Circuit Court of Appeals Judge Karen Williams is being "seriously considered" for a slot on the Supreme Court. LINK

Joseph Curl of the Washington Times reports that Harriet Miers, head of the search committee, is being strongly considered. LINK

While introducing Justice Sandra Day O'Connor at a "Women in Government Relations" reception in Washington, DC, Sen. Gordon Smith (R-OR) said, "I assume that we will soon see another Justice take her seat -- unless you all can persuade Justice O'Connor to stay."

In her remarks, O'Connor called the swearing-in of John Roberts, "very moving." O'Connor then added, "You couldn't help but realize he would be Chief Justice long after I'm gone."

In a preview of the legal questions Roberts will face on the Court this term, USA Today's Joan Biskupic dissects the complications presented by O'Connor's continued presence on the Court. LINK

Chief Justice John Roberts:
We hope you enjoy this graph as much as we did from the New York Times lead story on the historic swearing in of the seventeenth Chief Justice of the United States: LINK

"Mr. Bush teared up momentarily during the ceremony. The occasion was not without slip-ups and humor. Chief Justice Roberts, in a rare case of misspeaking, referred to the Capitol as 'the home of the executive branch,' while Mr. Bush provoked laughter when he referred to Chief Justice Roberts's son, Jack, who had gamboled about near the president's lectern in a previous White House appearance, as 'a fellow who's comfortable with the cameras.'"

The Wall Street Journal and Los Angeles Times ed boards channel Ed Gillespie in hard spanking the Senate Democrats who voted "no" on Roberts. LINK

The New York Times' Linda Greenhouse looks ahead to the Roberts era on the Court and pulls together some "informed speculation" on what to expect. LINK

Bush agenda:The Washington Post's Glenn Kessler writes that Karen Hughes has brought American-style campaign tactics to the Middle East but she is hearing that the US problem is not how its policies are marketed but the policies themselves. LINK

Hughes wrapped up her Middle East tour with a "bit of an exaggeration" of President Bush's Middle East record, reports the New York Times' Steven Weisman. LINK

Frist and HCA:
The Wall Street Journal ed board comes out in support of Dr./Sen./Leader Frist's portfolio, character, and conduct.

Hurricanes: Bush strategy/response:
"A month after the disaster, the federal government's temporary housing effort is stumbling," write Eric Lipton and Leslie Eaton of the New York Times. LINK

In an interview with Bloomberg News, Rep. Peter King, chair of the House Homeland Security Committee, said, "I've spoken to people in the White House who say that Rumsfeld is really resisting" a greater role for the military in disasters. LINK

Hurricanes: Big Casino budget politics:
Tony Bertuca reports in the Union Leader on how the federal delegation views transportation pork. LINK

The chairman of the House Appropriations Committee Rep. Jerry Lewis tells Amy Fagan of the Washington Times that it is likely the next Katrina funding bill will have to go through the normal process with hearings and be subject to amendment. LINK

Hurricanes: government:
Florida Gov. Jeb Bush urges people to think locally when it comes to disaster relief in a Washington Post op-ed. LINK

The Wall Street Journal's Yochi Dreazen looks at the life and business times of Joe Allbaugh and James Lee Witt on B1.

Dean's Democrats or Debbie Dingell Day:
On Saturday starting at 10:00 am ET at the Capital Hilton, the DNC Commission on Presidential Nomination Timing and Scheduling will hold its next-to-last meeting. During the panel's first three meetings, the commission heard from academics on the history of the nominating calendar, from individual states and regional groups of states about their preferences, and from groups traditionally associated with the Democratic Party.

Saturday's meeting of the commission, chaired by former Secretary of Labor Alexis Herman and Congressman David Price, will be the first time that the commission's 40 members discuss publicly their views about how the party should structure its nominating calendar. The event, which will stretch from 10:00 am until about 4:00 pm, is open press with the exception of a private lunch.

There will be two big items on the agenda: The first is Iowa and New Hampshire's first-in-the-nation status. The second item on the agenda will be the pros and cons of frontloading, the process whereby states schedule their nominating contests as close behind New Hampshire as possible -- or even closer.

Current party rules allow states to schedule their contests as early as seven days after Granite State residents go to the polls but no sooner.

2008: Republicans:
The tobacco-chewing son-of-a-football-great has a new speechwriter. That's right: Sen. George Allen (R-VA) -- a favorite among many conservatives shopping for an '08 candidate they can get behind -- has hired Todd Weiner (pronounced "Y-ner") as his wordsmith. Weiner joins Allen's staff from his previous post as Senior Project Director at Frank Luntz's shop. The Kenyon College graduate is known to be an avid Yankee fan (not necessarily a New Hampshire selling point), a Seinfeld buff, and a friend to small creatures everywhere. LINK

2008: Democrats:
DNC Chairman Howard Dean introduced Sen. Hillary Clinton at yesterday's DNC women's forum by saying, "I'm not interested in having women have a seat at the table. I want to see a woman on the ticket."

In an Indianapolis Star op-ed, former CNN political analyst Ken Bode defends Sen. Evan Bayh (D-IN) against charges from the newspaper's editorial board that he has lost his Hoosier Values by voting against Roberts. LINK

Thomas Beaumont writes in the Des Moines Register that Iowa Gov. Tom Vilsack advocated healthy lifestyles during his sixth annual walk across Iowa this week. LINK

Dan Gearino reports in the Quad-City Times that Vilsack wants to expand a recently-approved early-childhood education initiative in Iowa. LINK

New Hampshire:
Kevin Landrigan writes in the Nashua Telegraph that New Hampshire Gov. John Lynch proposed a bill yesterday that stiffens penalties for child sex offenders. LINK

Tom Fahey writes in the Union Leader that the highest paid campaign aide to New Hampshire Executive Councilor Raymond Burton would have been jailed under the state's new child protection law for not registering as a sex offender. LINK

Paula Tracy writes in the Union Leader that the hiring of a sex offender as a top campaign aide and the inner-party criticism that followed that revelation have created a rift in the state's Republican Party. LINK

The politics of Iraq:
Sen. John McCain's (R-AZ) concerns about US troop reductions in Iraq get the kicker in a story by John Diamond and Dave Moniz in the Nation's Newspaper. LINK

The Washington Post's Charles Krauthammer thinks the anti-Iraq war movement is ill served by Cindy Sheehan's radical demands that American troops leave not just Iraq, but Afghanistan and "occupied New Orleans." LINK

The Winston-Salem Journal reports Sheehan met with Sen. Elizabeth Dole yesterday and remarked after their visit, "She stays on the Republican message and gave the president's key talking points (and) she did not answer one question that I asked." LINK

2005:
Pat Healy and Diane Cardwell of the New York Times deliver a powerful B1 critique of the current status of the Ferrer campaign and its inability, thus far, to have capitalized on the Democratic unity and Bloomberg's perceived politically tacking to the left that followed the Democratic primary. The duo also Notes some fundraising troubles, which this article will no doubt perpetuate. LINK

Our favorite graph: "Mr. Ickes, who has also worked for the two most influential Democrats in New York, former President Bill Clinton and Senator Hillary Rodham Clinton, said he was not aware if they shared his views on mayoral campaign strategy. Yet several Democrats noted (sic) yesterday that Mr. Clinton, who works in Harlem and lives in Westchester County, campaigned yesterday in New Jersey for the Democratic nominee for governor, Jon S. Corzine. The former president has yet to appear with Mr. Ferrer, nor has his estimable political appetite led to regular chats with Mr. Ferrer about strategy akin to those with Democratic candidates during last year's presidential race."

We meant to alert you to this yesterday. NY1 News' Davidson Goldin will be serving up a weekly column on the mayoral campaign in the pages of the New York Sun. His inaugural column explores why New York's Democratic establishment may not be entirely full throated in its support for Fernando Ferrer. LINK

Last night, Mr. Goldin talked discount muffins with Speaker Miller, right on television.

Andrew Cuomo endorsed Ferrer while admonishing Mayor Bloomberg for not doing more to make housing in the city more affordable, reports Carl Campanile in the New York Post. LINK

The New York Times' Josh Benson came away from the Clinton/Corzine rally very impressed by the advance work. LINK

2006:
John Harwood has this in the Wall Street Journal's "Washington Wire": Democratic "Party strategists dismiss as premature calls for producing a "contract" like the one Gingrich once used. Though critics say Democrats lack a clear 2006 message, House campaign chief Emanuel notes that 1994 Republicans "'aid out their contract six weeks before the election.'"

The Schwarzenegger Era:
Spokesguy Rob Stutzman makes an obvious (and appreciated) Note reference in the Los Angeles Times story by Dan Morain about big-time TV ad money being spent on California's special election. LINK

Governor Schwarzenegger isn't making liberal or conservatives happy after vetoing a bill that would legalize gay marriage in California, yet signing one that upheld partner benefits, reports Lynda Gledhill of the San Francisco Chronicle. LINK

Politics:
Ron Brownstein of the Los Angeles Times takes a must-read big-think look at Roberts, DeLay, Bush, Red/Blue and what it all means. LINK

President Bush met with GOP elites to strategize yesterday and the rarely camera-shy members ducked reporters on their way out says Kenneth R. Bazinet and Michael McAuliff of the New York Daily News. LINK

The Senate has opened a bipartisan investigation into the abrupt resignation of FDA Commissioner Crawford. LINK

Through The Note's elaborate network of Hollywood stringers, we've obtained an inside peek at this Sunday night's episode of The West Wing, penned by White-House-scribe-turned-Tinseltown-sellout Eli Attie. It's titled "The Mommy Problem," and Note readers should enjoy its exploration of the Democrats' persistent gap on security issues, not to mention its look at the perils of failing to feed the political press corps each and every news cycle. (Sources say there may also be an homage to Claire Shipman and Jay Carney's bouncing baby daughter Della embedded in the hour.)

At the Generation Engage (link up please LINK) party last night at the Ralph Lauren store in Georgetown, Sen. Chuck Hagel (R-NE) and Rep. Linda Sanchez (D-CA) tried to rally the youth vote. Sanchez told the crowd that she used to go to nightclubs and bowling alleys in order to register young adults to vote during her campaign. Hagel, who joked before the audience that it "took five colleges before I got out of one, I took a lot of detours," also voiced his concern that younger people, "get left out," of the political process. One of the organizers, Devin Talbott, said although last night's event was highbrow (champagne and caviar), they plan to return to catering to others soon.

Bloomberg has a tasty look at where Members of Congress are dining -- and throwing down big money -- these days. LINK