Monday, October 24, 2005

Is the President Starting to Back Away From Miers?

NRO's Bench Memos highlights an interesting exchange between the President and a reporter. He doesn't directly answer whether the White House has begun making Miers contingency plans but notes that he will not produce privileged documents.

Is Charles Krauthammer's exit strategy taking shape?

(Registration may be required by the Washington Post.)

The problem with Krauthammer's idea, to allow Miers to gracefully withdraw over privileged documents, is that this executive privilege issue has already been a bone of contention for past judicial nominees (think Miguel Estrada) and it will only serve to encourage the Democrats to use it again in future. This could have the effect of preventing anyone who has worked in the White House from ever being nominated for a judicial appointment.

Update: More on this issue at MSNBC.

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