The American Spectator
by John C. Wohlstetter

10/06/05

President Bush's choice of White House counsel Harriet Miers has prompted much criticism, but his friends miss perhaps the biggest problem with the nomination: the likelihood that if confirmed the new Justice, because of her White House work, will recuse herself in major cases where her vote could prove decisive -- notably, war cases. The White House can claim executive privilege and refuse the Senate Miers's memos written as White House counsel. ... But if Senators are prevented from seeing memos they should ask on what actual cases Miers has advised the President. Under federal law, if Ms. Miers is confirmed, and has professionally advised on a matter that subsequently comes before her on the bench, she must recuse herself...

http://www.spectator.org/dsp_article.asp?art_id=8848


Informant: Thomas L. Knapp