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Jewish World Review
Oct. 31, 2005
/ 28 Tishrei, 5766
Miers II, Rove and Libby
By
Debra J. Saunders
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http://www.JewishWorldReview.com |
My pick for the next Bush nominee to the U.S. Supreme Court: California Supreme Court Chief Justice Ronald George.
No one can say he is not qualified. He leaves a vast paper trail.
George would have little problem winning confirmation in the Senate. Even far-left Democratic Sen. Barbara Boxer thinks George would be a good pick although it would be wrong for the Bushies to hold that against him.
George's record for being tough on crime gives him conservative appeal. In 1981, when George was a trial judge, he played a pivotal role in prosecuting one of California's most notorious crimes. Fearing that he would lose the case, the Los Angeles district attorney wanted to drop murder charges against Angelo Buono, of Hillside Strangler fame, and instead, charge him with pandering. George, the trial judge in the case, would not allow prosecutors to drop the murder charges. The legal community expected George to do as he was asked.
"Everyone underestimated this judge," Darcy O'Brien wrote in his book "Two of a Kind: The Hillside Stranglers." "From the moment he heard (the motion to dismiss), Judge George had no doubt what he must do. He adjourned court for a week, he said, to take the matter 'under submission,' to make up his mind; but, in truth, he needed the time to construct a ruling that was legally watertight." George ruled that someone had to prosecute Buono. In 1983, a jury found him guilty of nine murders.
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Despite that record, many conservatives would bristle at a George nomination because George wrote the 1997 California Supreme Court decision that overturned a state law to require that minors obtain the consent of a parent or judge before having an abortion. A George pick would anger Bush's far-right base.
Which is why the type of operative who ends up in the Bush White House would never pick George. To the Bushies, appeasing the base is a tenet of faith. No doubt they'll suggest that Bush make a show of having learned his lesson by consulting base biggies while telling reporters that Bush isn't really caving in to them.
Big mistake. It will only make the Miers-bashers more demanding. Instead, Bush should punish them not for rejecting her, as was their right, but for torpedoing the nomination before Miers even had an opportunity to testify before the Senate. Let him pick a conservative who will rub them the wrong way. They've weakened Dubya's hand. Payback is in order.
That is, of course, unless Special Prosecutor Patrick Fitzgerald indicts Bush guru Karl Rove. Then Bush will be in no position to alienate his supporters.
I know as little as everyone else about what Fitzgerald and the grand jury will do. But as it bears on the Bush pick for the U.S. Supreme Court, I'll throw in my two cents. It still is not clear that the leak of Valerie Plame's identity was a crime. Recent reports that FBI agents have been interviewing Plame's neighbors suggest that even prosecutors are trying to sort out the legal niceties.
If there are no indictments, Bush-haters will have to swallow all those headlines about how Fitzgerald is, as The Chronicle put it, "said to be immune to political pressure."
If, as I strongly suspect, the leak was not a crime, that leaves perjury or obstruction of justice as the only likely charges that Fitzgerald can bring against Rove or vice-presidential aide Lewis "Scooter" Libby.
If either man is guilty, he should cut a deal and plead guilty.
Personally, I have trouble believing a man as smart as Rove I don't know Libby would commit perjury. But if either man did lie under oath if his testimony was purposefully inaccurate he must atone. Of course, if either aide is not guilty, he can resign(as Libby did) and fight.
Here's a sentence you won't read in my column: Everyone lies about leaks. (Most in Washington do lie about leaks, but that's no excuse for perjury.)
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© 2005, Creators Syndicate
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