President George W. Bush
The White House
Washington, DC 20500
Dear President Bush:
Your position regarding the nomination of Harriet Miers to become an
Associate Justice of the Supreme Court of the United States is
increasingly untenable, even with your own Party, for reasons well known
Moreover, before the general public, the nomination has a distinct aroma
of cronyism deeply marinated in a sauce of secrecy. You have chosen your
chief legal counsel and loyal political supporter. Nominating your
confidante and insisting that her White House record be confidential is
a difficult sell to the American people. They may believe that you can't
have it both ways. If you wish to maintain internal White House
confidentiality, then do not nominate a confidante to the highest court
in the land.
A major responsibility of the White House Counsel is to advise the
President on the legality of various courses of action. This,
undoubtedly, has kept her very busy. The Senate and the people deserve
to learn how she has performed in this regard.
Our experience with this responsibility has not been encouraging. In a
letter dated July 18, I, along with Kevin Zeese, wrote to Ms. Miers in
her role as Counsel to the President concerning a matter of integrity in
your administration. Under 5 U.S.C. 7321 Mr. Rove was required to
allocate his expenditures separating time and resources spent on
political activity from his time spent as a staff member in the White
House. It is a simple request by fax and hard copy regarding the
allocation of Karl Rove’s expenditures during the 2004 presidential
campaign. Mr. Rove was the central figure in your re-election campaign.
Indeed, you described Mr. Rove as “the architect” of your re-election.
At the same time he was working on your re-election campaign he was also
serving as your Senior Adviser overseeing planning, political affairs,
public liaison, and intergovernmental affairs. He took no leave of
absence from his taxpayer-funded position during the campaign. Three
months later we still have not received a response of any kind. Why? The
failure to respond now also raises questions about Ms. Miers, whom you
described today as “a leader of unquestioned integrity.”
The Miers nomination has more and more signs of being unsustainable. Any
defection by already outspoken Republicans on the Senate Judiciary
Committee, together with the Democrats' votes, could block her
nomination in Committee.
You would be well advised to withdraw the nomination and cease searching
for ideologically-driven judicial nominees who are essentially "prejudgers"
PO Box 19312
Washington, DC 20036
Nader is the
nation's leading consumer advocate, and former presidential candidate.
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