The Corner

Estrada’s “Secret Memos”

Senate Democrats claim they are entitled to see confidential memos Miguel Estrada wrote while an employee in the Solicitor General’s office before allowing a vote on his confirmation. Senator Kennedy, for one, claims these memos are “the very documents which the President’s lawyers used to select and vet the nominee.” Not so. Earlier today the Justice Department sent letters to the Senate leadership explaining that no Bush administration official, whether in the SG’s office or elsewhere, has reviewed Estrada’s memos. Another argument for the filibuster bites the dust.

Jonathan H. Adler is the Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His books include Business and the Roberts Court and Marijuana Federalism: Uncle Sam and Mary Jane.
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