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Bush ‘ deeply disappoint­ed’ by Miers’ withdrawal from Supreme Court bid

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on Wednesday afternoon and gave him a “frank assessment” of where the nomination stood, Frist spokesman Bob Stevenson said.

Leading conservati­ves such as Weekly Standard

editor Bill Kristol had called for Miers to withdraw, citing her lack of judicial experience and questions about her allegiance to conservati­ve judicial Internal GOP clash plays out principles. Conservati­ve stalwarts in the Senate such as Republican Sam Brownback of Kansas also publicly questioned the choice of Miers.

Miers, 60, was a corporate lawyer in Dallas before going to work for Bush when he ran for governor of Texas in 1993.

“ This nomination : ght was tearing apart the conservati­ve movement and the base of the Republican Party,” said GOP strategist Scott Reed. Miers’ withdrawal means Bush “ will not have to spend the next three years putting this winning coalition back together . . . and the president can put his energy back into his agenda and governing.”

A leading conservati­ve who opposed Miers’ nomination expressed “ relief.”

“ This gives the president a chance to restore and revive his presidency,” said Richard Viguerie, who runs Conservati­veHQ. com, a political website.

Sen. Trent Lott, R- Miss., told Fox News that the nomination had been a bad idea. “ Let’s move on,” he said. “ In a month, who will remember the name Harriet Miers?”

Senate Democrats, who had remained largely mute as the internal GOP clash over Miers played out, accused Bush of caving to right- wing pressure and warned that he should not nominate a new choice who is out of the political mainstream.

“ Now the president faces a real test of his leadership,” said Sen. Dick Durbin, D- Ill. “ Will he serve the narrow political interests of the most radical faction of the Republican Party, or will he serve the national interest in : lling this critical vacancy?”

Miers’ withdrawal came during one of the most dif : cult weeks in Bush’s presidency. The tally of U.S. deaths in Iraq reached 2,000, and indictment­s could come today in the grand jury investigat­ion into whether White House of : cials illegally leaked the identity of a covert CIA operative.

Bush has seen his approval rating plummet. By 50%- 49%, those surveyed in a USA TODAY/ CNN/ Gallup Poll out this week said Bush doesn’t have the personalit­y and leadership qualities a president should have — the : rst time in his tenure a majority hasn’t viewed him positively.

The end of a trouble- plagued nomination might give some breathing space to a White House beset by turbulence, but Bush’s next choice of a nominee to replace retiring Justice Sandra Day O’Connor will be subject to its own political pressures.

O’Connor has been a crucial swing vote on a number of controvers­ial issues, including the right to abortion. She’ll stay on the court longer than expected: Con:rmation hearings for Bush’s new pick are unlikely to start before December at the earliest.

Democrats like Durbin and their allies in liberal interest groupswere united in urging Bush not to capitulate to demands from the GOP base for a nominee with a conservati­ve judicial record.

“ The radical right wing of the Republican Party killed the Harriet Miers nomination,” said Senate Minority Leader Harry Reid, D- Nev., who had recommende­d Miers to Bush. “ They want a nominee with a proven record of supporting their skewed goals.”

But the pressure seemed to equally intense from the right.

Viguerie said Bush should nominate be a “ true conservati­ve in the mold of Justices ( Antonin) Scalia and ( Clarence) Thomas, as he’s promised.”

Doing that, Viguerie said, might enrage liberals but would also “ galvanize the right.” Plus, he said, “ the No. 1 rule of public relations is that when you’re under attack, change the subject.” Sparking a battle with liberals over the next nominee, Viguerie said, could draw attention away from the CIA leak investigat­ion.

A number of GOP senators also urged Bush to nominate someone with amore conservati­ve record.

“ I believe that President Bush should now nominate a person with a demonstrab­le, clear, consistent and appropriat­e judicial philosophy,” said Sen. George Allen, R- Va.

Said Sen. John Thune, R- S. D.: “ As the process moves forward, I have every faith that President Bush will nominate someone in the mold of Justices Scalia and Thomas.”

Among Bush’s possible picks:

uSamuel Alito, a judge on the 3rd U.S. Circuit Court of Appeals.

uEmilio Garza, a judge on the 5th U.S. Circuit Court of Appeals.

uAttorney General Alberto

uEdith Circuit.

uLarry Thompson, a former deputy attorney general under Bush.

uPriscilla Owen, a judge on the 5th Circuit.

uEdith Brown Clement, a judge on the 5th Circuit. Miers, Bush share long history Gonzales. Jones, a judge on the 5th

McClellan said Miers’ withdrawal marked a dif : cult moment for the White House, where she has been an integral part of Bush’s presidency.

“ I think all of us here at the White House share the president’s sentiment and are deeply disappoint­ed by the process, because we all know Harriet Miers very well, and all of us that know her have only the deepest respect for her and know what an extraordin­arily capable individual she is,” he said.

Miers served as Cabinet secretary during the early years of the administra­tion. She saw virtually every piece of paper that crossed the president’s desk.

She later served as deputy chief of staff before being named to the post of White House lawyer. She replaced Gonzales when he was named attorney general. McClellan said she will remain White House counsel, meaning she will now serve as a central adviser to Bush on who his next nominee should be.

Her nomination earlier this month ignited an immediate : restorm of criticism from conservati­ves, who had expected a more staunchly conservati­ve pick after Bush chose appellate judge John Roberts to succeed the late Chief Justice William Rehnquist.

Roberts, who was con : rmed by the Senate on a 78- 22 vote last month, also had little judicial paper trail to prove his conservati­ve credential­s.

The White House launched an aggressive public relations campaign to turn the tide on Miers’ nomination. She became a regular presence on Capitol Hill through frequent meetings with senators, and her evangelica­l religious faith was emphasized as way of connecting with the religious right.

Nothing seemed to change the dynamic.

Senators complained that meetings with Miers provided more questions than answers. “ When she walked out, I thought, this is a really nice woman, but she wasn’t someone you’d see as a Supreme Court justice,” said Sen. Herb Kohl, D- Wis.

Miers’ answers to a written questionna­ire submitted to her by the Senate Judiciary Committee were sent back to her for revisions after committee chairman Arlen Specter, R- Pa., and senior Democrat Patrick Leahy of Vermont said they were inadequate.

The revised version was due Wednesday at 6 p. m. but didn’t arrive until after 11 p. m.

Miers’ friends, such as Texas Sen. Kay Bailey Hutchison, continued to argue that she would have been a distinguis­hed justice. “ She is and will continue to be a trailblaze­r in the legal community,” Hutchison said.

A legendary workaholic, Miers was the : rst female president of both the Dallas Bar Associatio­n and the State Bar of Texas and the : rst woman to head a major Dallas law : rm.

But for most of Bush’s network of conservati­ve allies, the decision to pull the plug on the nomination was seen as unfortunat­e but necessary— a positive move that nonetheles­s will be viewed against his next nominee.

“ For the time being, the administra­tion has been extricated from what had turned into a bad situation and in my view had needlessly divided the party,” said John Hinderaker of Power Line, a widely read conservati­ve blog thatwas critical of Miers.

“ But a huge amount depends on who is the next nominee.” Contributi­ng: Judy Keen, Kathy Kiely and Mark Memmott

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