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February
28, 2003 11:10 a.m.
A
New Move on Estrada
The
White House challenges Democrats to put up or shut up.
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perhaps its most forceful effort yet to break the stalemate over the appeals-court
nomination of Miguel Estrada, the White House has now invited every member
of the Senate who has doubts about Estrada's legal views to submit written
questions to Estrada by the close of business Friday. In a letter delivered
Thursday to all 100 senators, White House Counsel Alberto Gonzales said
Estrada will respond by next Tuesday.
"He would
answer the questions forthrightly, appropriately, and in a manner consistent
with the traditional practice and obligations of judicial nominees, as he
has before," Gonzales wrote.
Gonzales also renewed
a White House offer to set up personal meetings between Estrada and any
senator who wants to have a one-on-one talk. "We continue to believe
that such meetings could be very useful to senators who wish to learn
more about Mr. Estrada's record and character," Gonzales wrote.
Finally, Gonzales
asked that Democrats with questions about Estrada's work "immediately
ask in writing for the views of the Solicitors General, United States
Attorney, and judges for whom Mr. Estrada worked and ask them to respond
by Tuesday, March 4." Gonzales specifically named appeals-court judge
Amalya Kearse, Supreme Court Justice Anthony Kennedy, former United States
Attorney Otto Obermaier, and former Solicitors General Ken Starr, Drew
Days, Walter Dellinger, and Seth Waxman.
The last three names
— Days, Dellinger, and Waxman — are particularly significant.
All were high-ranking appointees of President Clinton, and their inclusion
on the list suggests that the White House is confident they will not voice
any objections to Estrada.
In addition, all
three have seen at least some, if not all, of the internal memos Estrada
wrote while working in the Solicitor General's office. In recent weeks,
Democrats have argued that the memos might reveal some heretofore unknown
aspect of Estrada's legal views, and thus must be made public before Estrada
is confirmed. The White House has refused, calling the documents "highly
privileged" — a position endorsed by all seven living former
Solicitors General.
In his letter, Gonzales
wrote that the former officials "could provide their views on Mr.
Estrada's background and suitability to be a circuit judge by March 4
without sacrificing the integrity of the decisionmaking processes of the
Judiciary, United States Attorney's office, and Solicitor General's office."
"We believe
that these sources of information, which have been available for some
time, would readily accommodate the desire for additional information
expressed by some Senators who have thus far supported the filibuster
of a vote on this nominee," Gonzales concluded. "We ask that
you encourage Senators who have objected to the scheduling of a vote to
avail themselves of these sources of information."
The letter is the
White House's clearest move yet to call the bluff of Democrats who have
been demanding more information on Estrada before they will allow a vote
on his nomination. In the letter, the administration is saying to Democrats:
You want more information, you can ask for more information.
What is not stated,
however, is that the letter will give the White House a powerful argument
against any Democrats who oppose Estrada and do not ask for more information.
You said you wanted more information, the administration will be able
to argue, and yet when we offered it you didn't even bother to ask.
Meanwhile, the Democratic
filibuster goes on. Sources say the Republican leadership has still made
no decision on whether or when to call for a vote to cut off debate and
force an up-or-down vote on the nomination. At the moment, Republicans,
who have all 51 of their own votes plus four Democrats, would fall five
votes short of the 60 needed to cut off debate. But Republicans believe
they are making progress and that the filibuster is beginning to take
a political toll on moderate Democrats who are so far supporting the filibuster.
Thus, the talking will continue. "We are on this next week,"
one Republican says. "We're committed to it."
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