The Note: Some Are More Co-equal Than Others

ByABC News
July 28, 2005, 8:50 AM

— -- WASHINGTON, July 27

NEWS SUMMARY
Marquee events: 1 (The President goes to Capitol Hill to rally Republicans on CAFTA and other elements of his agenda.)

Must-read stories: 7 (Here they are!!!)

1. Full coverage of Governor George Pataki's planned "major" announcement at noon ET, in Room 250 at the State Capitol in Albany that he won't run for a fourth term as the Empire State's chief executive (although he is still mum on a White House bid). LINK and LINK and LINK

Our favorite graph comes from the New York Post's Fred Dicker, and is evocative of the old joke (and makes us sic): "…(T)wo weeks ago,… [Pataki] appeared at several events in Ohio -- the site of the first presidential primary caucus -- and did nothing to quell speculation that he is eyeing the national office." LINK

2. "The special prosecutor in the CIA leak probe has interviewed a wider range of administration officials than was previously known, part of an effort to determine whether anyone broke laws during a White House effort two years ago to discredit allegations that President Bush used faulty intelligence to justify the Iraq war, according to several officials familiar with the case," write Walter Pincus and Jim VandeHei of the Washington Post. LINK

"Prosecutors have questioned former CIA director George J. Tenet and deputy director John E. McLaughlin, former CIA spokesman Bill Harlow, State Department officials, and even a stranger who approached columnist Robert D. Novak on the street. In doing so, special prosecutor Patrick J. Fitzgerald has asked not only about how CIA operative Valerie Plame's name was leaked but also how the administration went about shifting responsibility from the White House to the CIA for having included 16 words in the 2003 State of the Union address about Iraqi efforts to acquire uranium from Africa, an assertion that was later disputed."

" . . . .Based on the questions they have been asked, people involved in the case believe that Fitzgerald looked into this bureaucratic fight because the effort to discredit Wilson was part of the larger campaign to distance Bush from the Niger controversy."

3. Dan Balz in the Washington Post asking the non-musical (but lyrical) question: will the Left take on Hillary Clinton (and, implicitly, will it help her!!):

"The most pointed critique of Clinton['s DLC speech] came in one of the most influential blogs on the left, Daily Kos out of Berkeley, Calif., which called Clinton's speech 'truly disappointing' and said she should not provide cover for an organization that often has instigated conflict within the party." LINK

Balz Notes that Howard Wolfson "tried" to deflect the criticism, and quotes a Palmierian John Podesta.

4. The Los Angeles Times' Gerstenzang on a handful of GOP Senators putting up a roadblock for the Administration (and Sen./Leader/Dr. Frist) on DoD Authorization. LINK

"Taken together, the interrogation and base-closing amendments suggest a growing independence among Senate Republicans as President Bush struggles with declining support for the war in Iraq as well as an investigation into the involvement of top White House aides in disclosing the identity of a CIA agent."

President Bush heads up Pennsylvania Avenue this morning to address the House Republican Conference at 9:15 am ET. There will be pool coverage of the arrival, but the President's remarks are closed to the press. We predict: applause galore.

At 2:20 pm ET, the President will participate in a photo op with the 2005 March of Dimes National Ambassador. This evening President Bush will address over 40,000 scouts at the Boy Scouts of America National Jamboree at 7:15 pm ET in Fort A.P. Hill, VA. ABC News' Karen Travers reports, "White House Press Secretary Scott McClellan said Tuesday that the President will address the deaths of four adult Scout leaders Monday night, which he called a 'tragic accident.'"

At 12:30 pm ET, Sen. Charles Schumer (D-NY) lays out what he believes Supreme Court nominee John Roberts can do to win the votes of Democrats.

Judge Roberts visits with Sens. Olympia Snowe (R-ME), Mike DeWine (R-OH), and Joe Biden (D-DE) today.

The House convenes today to discuss CAFTA and medical liability bills.

At 1:55 pm ET, House Majority Leader Tom DeLay (R-TX) hosts a pen and pad only briefing to outline the week's agenda.

Democratic Leader Nancy Pelosi (D-CA) joins Democratic Whip Steny Hoyer (D-MD), Rep. Robert Menendez (D-NJ) and Rep. Jim Clyburn (D-SC) for a 10:00 am ET press conference on CAFTA.

Sens. Chris Dodd (D-CT) and Hillary Clinton (D-NY) join members of the Democratic Caucus for a 10:00 am ET press conference to urge an extension of the Terrorism Risk Insurance Act.

Opponents of abortion from the American Life League hold a protest outside of the offices of Sens. Edward Kennedy (D-MA), Richard Durbin (D-IL), and Patrick Leahy (D-VT) at noon ET.

Be sure to check out our expanded daybook section below with more of the day's events.

Roberts: the battle ahead:
"Senate Majority Leader Bill Frist (R-Tenn.) and GOP members of the Judiciary Committee are pressing Senate Judiciary Committee Chairman Arlen Specter (R-Pa.) to start hearings on Supreme Court nominee John Roberts during the August recess," reports The Hill's Alexander Bolton. LINK

From the Washington Post summary of the Roberts documents: "Roberts presented a defense of bills in Congress that would have stripped the Supreme Court of jurisdiction over abortion, busing and school prayer cases; he argued for a narrow interpretation of Title IX, the landmark law that bars sex discrimination in intercollegiate athletic programs; and he even counseled his boss on how to tell the Rev. Martin Luther King Jr.'s widow that the administration was cutting off federal funding for the Atlanta center that bears his name." LINK

"In the rare instances revealed in the documents in which Roberts disagreed with his superiors on the proper legal course to take on major social issues of the day, he advocated a more conservative tack."

"In one instance, he wrote a memo to the attorney general urging Smith to disregard the recommendation of William Bradford Reynolds, the head of the agency's civil rights division, that the administration should intervene on behalf of female inmates in a sex discrimination case involving job training for prisoners."

"Much of Roberts's time at the Justice Department was taken up by the debate over GOP-sponsored bills in Congress that would have stripped the Supreme Court of its jurisdiction over abortion, busing and school prayer cases. He wrote repeatedly in opposition to the view, advanced by then-Assistant Attorney General Theodore B. Olson, that the bills were unconstitutional. He scrawled 'NO!' in the margins of an April 12, 1982, note Olson sent to Smith. In the memo, Olson observed that opposing the bills would "be perceived as a courageous and highly principled position, especially in the press."

David Kirkpatrick of the New York Times on the fight over scheduling a hearing date and a vote date (with the filibuster subtext). LINK

The New York Times reads the bi-coastal files. LINK and LINK

David Savage and Warren Vieth of the Los Angeles Times focus less on what is in the documents that were released and more on the battle lines drawn over Roberts' documents from his Deputy Solicitor General days in Bush 41's Administration. LINK

"The documents dispute broke a period of relative harmony between the White House and Senate Democrats on Roberts' nomination."

"Roberts generally took strongly conservative positions, often with a pointed tone, although it is often difficult to tell if the views are his own or those of the powerful individuals for whom he was drafting speeches, articles and memos. But taken together, they suggest he was on his way to becoming the kind of conservative jurist President Bush said he would nominate to the Supreme Court," write the Chicago Tribune's Zuckman and Singer. LINK

And this little Note should keep the President's base smiling: "In what appears to be his handwriting, one note [sic] in the margin of a memo on that topic concludes, 'real courage would be to read the Constitution as it should be read and not kowtow' to liberal law professors and journalists."

No tax returns? The Washington Post's Charles Babington and Peter Baker report that the White House will neither collect, nor release, Judge Roberts' recent tax returns. "The White House did not announce the policy change, and some senior Republicans and Democrats on the Judiciary Committee said yesterday that they were unaware of it. When Democratic staffers learned of the change after queries by The Washington Post, they expressed surprise that the White House would not seek Roberts's tax returns, even if it did not plan to share them with the Senate." LINK

Charlie Savage of the Boston Globe looks into memos written by John Roberts which show off his abilities to navigate nominees through tough judicial processes. LINK

Charles Hurt, in the Washington Times, provides some clarification on that Durbin/Roberts conversation about religion. LINK

"Senate Minority Whip Richard J. Durbin acknowledged yesterday that he was the source for a newspaper column that reported earlier this week that Judge John G. Roberts Jr. said he could not rule in a Supreme Court case where U.S. law might conflict with Catholic teaching."

More Hurt: "But the Illinois Democrat maintains that the column by George Washington University law professor Jonathan Turley incorrectly captured the private conversation that the senator had with Judge Roberts in his Capitol office Friday. When the column appeared Monday, Mr. Durbin's office clarified that 'Judge Roberts said repeatedly that he would follow the rule of law.'"

"Spokesman Joe Shoemaker also said he did not know who Mr. Turley's source was, although only a handful of people were in the room at the time."

"'Whoever the source was either got it wrong or Jonathan Turley got it wrong,' Mr. Shoemaker said Monday.

"Yesterday, Mr. Shoemaker said the source was Mr. Durbin."

"'He and Turley were in the green room of the NBC studios,' he said. 'Turley was getting makeup put on, and Durbin was taking it off."

The Miami Herald sticks with the Florida 2000 angle on the Roberts nomination. LINK

"U.S. Supreme Court nominee John Roberts played a broader behind-the-scenes role for the Republican camp in the aftermath of the 2000 election than previously reported -- as legal consultant, lawsuit editor and prep coach for arguments before the nation's highest court, according to the man who drafted him for the job."

"Ted Cruz, a domestic policy advisor for President Bush and who is now Texas' solicitor general, said Roberts was one of the first names he thought of while he and another attorney drafted the Republican legal dream team of litigation 'lions' and '800-pound gorillas,' which ultimately consisted of 400 attorneys in Florida."

The Plame leak investigation:
With a classy "Pound Ridge" dateline, the New York Times' muckraking Anne Kornblut stakes out Ari Fleischer to produce a look at his role on the "periphery" of the investigation. LINK

The closest thing to news in the piece:

"As the investigation has progressed, according to people who have been officially briefed on the inquiry, investigators have lessened their interest in Mr. Fleischer's activities and those of other top White House press aides at the time as more senior administration figures have attracted greater attention. Those figures include Karl Rove, Mr. Bush's top political adviser, and I. Lewis Libby, the chief of staff to Vice President Dick Cheney."

The New York Post's Orin picks up a time.com report that Valerie Wilson/Plame gave $372 to America Coming Together (and to listen to "Candy's Room") and listed her occupation as "retired." LINK

"Some folks say that as we learn more, the scandal is getting smaller, not larger. . . We don't buy it," writes the Los Angeles Times editorial board. LINK

Bush agenda:
USA Today's Susan Page hits that politics and policy sweet spot by wisely exploring the ramifications on the President's agenda with all those Senators hoping to move into 1600 in a few years. LINK

"It's hard to be president when everyone else wants your job."

"The combination of the early start and the big field of candidates makes it more difficult for Bush to maintain discipline among Republicans on renewing the USA Patriot Act. It has undermined efforts to forge alliances with Democrats on Social Security."

"And it is one of several factors contributing to other predicaments Bush and his second-term agenda face on Capitol Hill: John Bolton's nomination as United Nations ambassador in limbo; the administration's Central American trade accord and immigration proposals in dispute; the military's treatment of detainees under fire."

More from Page: "'It does complicate matters' for the president, says Nicholas Calio, who served as top White House liaison with Congress for both Bush and his father. 'When senators are thinking they're going to run for president, there's always an agenda working within an agenda, and that agenda isn't usually his.'"

The New York Times' Edmund Andrews on the latest CAFTA count. LINK

Don Evans invokes both President Kennedy and Simon Bolivar in his op-ed urging passage of CAFTA in The Hill. LINK

The Hill's Elana Schor writes of the latest installment in the Thomas vs. Grassley drama. LINK

"Two key Republican lawmakers with a history of rocky encounters are poised to clash again, this time over a deal one of them struck to net crucial GOP votes for the Central America Free Trade Agreement (CAFTA)."

The Los Angeles Times ledes its energy bill coverage with the tax breaks in the legislation. LINK

The politics of gun control:
Mary Curtius of the Los Angeles Times takes a look at newfound support for the NRA-backed shield law poised for passage. LINK

"In March 2004, gun control supporters -- mostly Democrats -- were strong enough to block the shield bill in the Republican-controlled Senate.'

"The November election, however, increased the Republicans' Senate majority by four seats. It also made Democrats more wary of the political cost of supporting gun control measures."

"Debate began Tuesday on the bill after a test vote indicated that it had substantial support. Twelve Democrats, including Minority Leader Harry Reid (D-Nev.), joined the Republican majority in the 66-32 vote, and the bill's proponents predicted that it could pass before the Senate adjourned this week for its monthlong summer recess."

Social Security:
The Hill's O'Connor reports on Karl Rove's address to college students and lobbyists yesterday in which he indicated the House will move on Social Security reform first, in September. Rove went on to say that the Senate "would follow soon thereafter." LINK

Jeanne Cummings wraps the dueling Social Security events and writes, "Mindful of next year's elections, skittish Republicans are rejecting Mr. Bush's call to shave future benefits for all but the poorest retirees, and instead playing to many voters' belief that Washington is 'raiding' Social Security funds."

House of Labor:
The Washington Post's Tom Edsall writes that "Republican operatives are watching the splintering of the AFL-CIO carefully to see if the divisions offer opportunities to gain a beachhead in labor. 'This cuts the legs out from one of their main GOTV [get-out-the-vote] groups,' a Republican Party official said with undisguised pleasure." LINK

"One of the unions leaving the federation, the 1.8 million-member Service Employees International Union, broke ranks last year to give the Republican Governors Association $575,000, the RGA's single largest contribution. The other defecting union, the International Brotherhood of Teamsters with 1.4 million members, has a long history of supporting Republican presidential candidates."

"While the GOP is eagerly watching the internal labor battles, conservative groups are announcing plans to step in to try to further weaken the union movement. The National Right to Work Legal Defense Foundation announced plans to raise $2 million for 'free legal assistance' to workers seeking to end their union membership and to stop paying dues."

Four writers of the Wall Street Journal ask just about the only question that matters: "Can the new economy be organized?"

Interesting blind quote: "'Some people think [the union split] is good for business, but not for us' said a Texas hotel entrepreneur who didn't want to be identified for fear of becoming the target of labor organizers. He worries that service unions now will step up organizing and that local unions will feel greater pressure to carve out their own power base."

Steven Greenhouse of the New York Times, still in Chicago, and looking yet again at the past, present, and future of the labor movement. LINK

On opposition to CAFTA, the various factions in the House of Labor are still very much unified. LINK

The politics of Iraq:
The wires pick up Gen. George Casey's comment that a "fairly substantial" pull-out of American troops could begin next year. LINK

Sandy Berger and Brent Scowcroft write on the future of Iraq in a Washington Post op-ed. LINK

2008: Republicans:
Kudos to NY1 News' Davidson Goldin on besting the wires and being first to get the Pataki story on the air last night. LINK

The New York Daily News has some reporting sourced to an attendee at last night's meeting concerning how Pataki addressed his political future. LINK

"'He alluded to the fact that there will be journeys ahead,' said a source who attended last night's gathering."

"Looking around the room, the governor quipped, 'I was in Iowa, and you know what? I kind of like Iowa,' the source said."

AP's Albany guru Marc Humbert has details. LINK

Sridhar Pappu, writing in the Atlantic Monthly, asks, "How did a Mormon become governor of a state where Roman Catholics are by far the largest religious group? And how did a now avowed conservative rise to power in a place where, in the words of Massachusetts's Democratic Party chairman, Phil Johnston, George Bush is 'the Devil'? What, in short, is Mitt Romney's secret?" LINK

We are not sure if he is being facetious when he writes that "[The] answer is not simple. But I can tell you that, frankly, it begins with those presidential looks. . ."

Pappu explores quite nicely Romney's Mormon religion:

"'How Mormon am I?' he said. 'You know, the principles and values taught to me by faith are values I aspire to live by and are as American as motherhood and apple pie. My faith believes in family, believes in Jesus Christ. It believes in serving one's neighbor and one's community. It believes in military service. It believes in patriotism; it actually believes this nation had an inspired founding. It is in some respects a quintessentially American faith, and those values are values I aspire to live by. And I'm not perfect, but I'm one aspiring to be a good person as defined by the biblical Judeo-Christian standards that our society would recognize.'"

"'Do you wear the temple garments?' I asked uncomfortably, referring to the special undergarments worn by members of the Church of Jesus Christ of Latter-Day Saints. (The underwear has markings denoting the covenants of the Mormon faith, and is meant to serve as a reminder of the high standards Mormons are expected to uphold. The rules governing its wear and disposal seem as complex as those pertaining to, say, the American flag.)"

"He answered, I'll just say those sorts of things I'll keep private.'"

Per the Boston Globe: Gov. Romney's stance on abortion has disappointed many woman's organizations while others think the governor is positioning himself for 2008. " 'He's put his political future above the promises he made to Massachusetts,'" said Nancy Luther, a Republican endorser of Romney in 2002. Lt. Gov. Kerry Healey who plans to run for governor if Romney goes presidential supports the Roe v. Wade decision. LINK

The Hill's Geoff Earle seems to assume Sen. Santorum was a bit more Shermanesque than he sounded to our ears and examines the ramifications on the 2008 GOP field without Pennsylvania's junior Senator in the mix. LINK

Check this out: "'Rick would've been a good candidate,' said Sen. Sam Brownback (R-Kan.), who noted Santorum's strength with social conservatives. 'He'd have been a very strong candidate in the Republican field.'"

"But with Santorum out, Brownback said, there are 'not as many people lining up the same bloc of votes in a primary. It does open up a bloc of votes that would naturally have tended toward him.'"

2008: Democrats:
"In interviews with a number of Democratic strategists with experience in the last presidential primary, they agreed almost unanimously that, given [Sen. Hillary Rodham] Clinton's fundraising prowess, none of the other serious candidates will be able to stay within the spending caps put in place by the FEC," writes Roll Call's Chris Cillizza.

The New York Post's Ian Bishop has an "exclusive" look at how many members of Hillary Clinton's Senate staff triple dip, with additional regular payments from both her PAC and her campaign account. LINK

The Des Moines Register's Tim Higgins is proud to report Iowa is the recipient of Harvard University's "Innovations in American Government Award." Accepting this award on behalf of the state today will be the governor's chief of staff -- and a woman instrumental to the program's initiation – the talented Cynthia Eisenhauer. LINK

2006:
Oh, the antics of Democrats. . .

" . . . Neither Steele nor Rove stopped to address the protesters -- Rove waved to a photographer as he left the 90-minute event at the wheel of a Jaguar, with former RNC chairman Ed Gillespie in the passenger seat. One guest at the event, Maryland GOP Chairman John Kane, said Rove had joked to the attendees that he'd much rather see protesters hounding the Steele event than see them in front of Supreme Court nominee John G. Roberts Jr.'s house," per the Washington Post's eagle-eared and eyed Matthew Mosk. LINK

The Maryland Democratic Party and the DSCC put together a conference call for reporters to hear former CIA operative Larry Johnson (who lives in Bethesda) urge Michael Steele to cancel his fundraiser featuring Karl Rove who he compared to the likes of convicted spy Aldrich Ames.

Johnson expressed outrage at Rove's discussing Valerie Wilson with reporters and then went slightly off message.

Johnson touted his Republican credentials by citing his work for Missouri Republican Kit Bond's gubernatorial campaign, Sen. Orin Hatch's recommendation as part of his CIA application, and his proud vote for George W. Bush in 2000 because he was "sick and tired" of having a president who was talking about what the meaning of "is" is.

Oh yeah, he made sure to say that though he thinks Steele's decision to appear with Rove calls his judgment into question, he also believes "Michael Steele could make a good Senator."

Ed Tibbetts of the Quad City Times writes that President Bush's 2004 re-election campaign political director, Terry Nelson, will now advise Iowa's 1st Congressional District candidate Bill Dix. LINK

Sen. John Kerry's younger brother Cameron Kerry wants is eyeing a run for Massachusetts Secretary of State, reports the Boston Globe. LINK

2005:
Councilwoman/surf shop owner Frye and former Police Chief Sanders head to a November 8 mayoral runoff in San Diego. LINK

"With all the votes counted in the special election, Frye had 43% of the votes, and Sanders was second with 27%, ahead of business owner Steve Francis with 24%."

The race to replace Rob Portman for an Ohio House seat – and the Iraqi war vet Democratic candidate -- get the Tao of Dao treatment -- as in "James" of the New York Times. LINK

The Cincinnati Enquirer's Wilkinson on the final debate. LINK

"In their last head-to-head debate before Tuesday's 2nd Congressional District election, Democrat Paul Hackett accused his opponent, former Republican state Rep. Jean Schmidt, of being a 'rubber stamp' for the 'failed policies' of the Taft administration, and said she can be expected to do the same for President Bush in Washington."

"Schmidt insisted she will be an independent voice."

The New York Times' Confessore on Giff Miller and class size. LINK

Politics:
Senators met yesterday to talk about immigration reform, but are still waiting for the Administration to chime in. Sen. Cornyn remarked, " 'When the administration is ready to chime in, we'll be here to listen.'" LINK

Speaking at the African Methodist Episcopal Church convention Ken Mehlman and Howard Dean tried to rally voters. Mehlman told the group, " 'Too many Republicans gave up on the African-American vote. . . we were wrong.'" And Dean received great applause when speaking about the 2004 election and the difficulties some blacks had voting on election day, he added " 'I know that the Democratic Party has not done what it should do. . . we have taken African-Americans for granted, and that was wrong.'" LINK

"With the August break fast approaching, campaign reform advocates are actively worrying about the possibility that Senate leaders and the president will use the recess as a way to bypass the confirmation process and sweep in a crop of new appointees to the Federal Election Commission," writes Roll Call's Suzanne Nelson.

Other Wednesday schedule items:
The Senate Foreign Relations Committee meets at 9:30 am ET for a hearing on the political, security and economic future of Iraq.

Sens. Mark Pryor (D-AR), John Kerry (D-MA) and Joseph Lieberman (D-CT) partake in a noon ET discussion sponsored by the New Republic on America's telecommunications laws.

Sens. Edward Kennedy (D-MA) and Mike DeWine (R-OH) teamed up with Reps. Sue Myrick (R-NC), Jim Ramstad (R-MN), Brian Baird (D-WA), Patrick Kennedy (D-RI), Grace Napolitano (D-CA) and Ted Strickland (D-OH) for an 8:45 am ET news conference on America's mental health crisis.

At 4:10 pm ET, First Lady Laura Bush speaks at a National Park Foundation event and Junior Ranger swearing-in ceremony in St. Paul, MN.

The House Appropriations Committee holds a 9:00 am ET oversight hearing on reconstruction projects in Iraq.

At 10:00 am ET, the Homeland Security Subcommittee on Management, Integration, and Oversight discusses U.S. border security.

Rep. Marion Berry (D-AR) holds a news conference at 10:00 am ET to protest drug liability protections in a medical malpractice bill.

At 8:30 am ET, former national security advisers Brent Scowcroft and Samuel Berger presented the findings of a bipartisan Council on Foreign Relations report addressing U.S. post-conflict capabilities.