Wednesday, October 5, 2005

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Who do you trust?

George W. Bush is asking Americans to trust him one hell of a lot in recent weeks.

On the Miers nomination, as George Will put it, "The president's 'argument' for her amounts to: Trust me."

The problem is, this kind of presidential assertion runs into the "crony too far" problem, as Jacob Levy points out:

[T]he administration and its allies are resorting to saying: "Trust us; the President knows her really well, and she's a real right-winger not a potential Souter." But that only emphasizes the fact that she's an insider pick. The more they say "trust us," the more skeptics of [Miers' competence at jurisprudence] will say, "We shouldn't have to take Supreme Court nominations on faith, and the fact that George W. Bush is the guy who has all this secret knowledge about her makes us more worried, not less."

Then there's this Congressional push to ward off further Abu Ghraibs by codifying the United States Army Field Manual on Intelligence Interrogation as the uniform standard for military interrogations in the field. According to the AP's Liz Sidoti, Bush doesn't like that proposal at all (link via Andrew Sullivan):

The stalemate began in July when [Bill] Frist, R-Tenn., who shepherds President Bush's agenda through the Senate by deciding what bills get a vote, abruptly stopped debate on the [defense authorization] bill. That avoided a high-profile fight over amendments, supported by Warner and sponsored by Sen. John McCain, R-Ariz., restricting the Pentagon's handling of detainees in the war on terror.

The White House had threatened to veto the entire measure over the issue and sent Vice President Dick Cheney to Capitol Hill to press the administration's opposition.

In the Weekly Standard, Tom Donnelly and Vance Serchuk state why the administration is off base:

Fool me once, shame on you. Fool me twice, shame on me. When it comes to detaining prisoners seized in Iraq, Afghanistan and on the other fronts of the terror war, the Pentagon's "just-trust-us" mentality continues to undercut American strategy. Thankfully, Congress is at last on the verge of doing what the administration clearly cannot: set clear standards for the treatment of detainees....

[T]the well-documented pattern of abuses from Afghanistan to Iraq reveals the intellectual bankruptcy of the Pentagon's prized "ambiguity." Despite the unique challenges posed by the war on terror, the Congress--and Republican conservatives, in particular--should be skeptical when the executive branch says, in effect, "Just trust us." Although it's understandable that the Defense Department would like to act with the maximum freedom of action, it has created a Balkanized set of standards in which different rules apply in different places, which plainly does not work. If ever there were an appropriate object for congressional oversight, this is it.

There are good people working in the executive branch in whose competency I trust. At this point, George W. Bush is not one of them.

UPDATE: William J. Stuntz argues in TNR Online that Bush is echoing Truman:

Truman didn't believe in deferring to experts; as the sign on his desk said, the buck stopped with him. Though an ex-senator, he had a very un-legislative disdain for decision-making procedure. Mostly, he just called 'em as he saw 'em, with little reflection and no second-guessing.

In a White House like that, decisions are bound to be high-variance. When layers of process and staff surround every appointment, the extremes--good and bad--tend to be lopped off. Brilliant minds with controversial ideas get nixed along with third-rate schmoozers. But when the boss refuses to staff it out and trusts his own intuition, all those options remain on the table. Cream can rise to the top. So can scum. That is how Harry Truman's presidency produced both Dean Acheson and Fred Vinson, the brilliance of the Marshall Plan and the ineptitude of the Korean War. Few administrations have such highs or such lows.

Like Truman, George W. Bush makes decisions easily. He obviously trusts his own intuitions, especially about people--remember, this is the man who looked into Vladimir Putin's soul. Also like Truman, Bush does not readily admit mistakes, and hence rarely corrects them. It is no accident that both presidents fought badly improvised wars. Finally, Bush has a Truman-like virtue many presidents lack: He doesn't mind having people with better minds and better educations around him. Condoleezza Rice, Donald Rumsfeld, Paul Wolfowitz--these are major-league talents, a cut above the norm for their jobs. So is John Roberts, who might be the smartest chief justice since Charles Evans Hughes. But along with the Rices and Robertses come an Alberto Gonzales here, a Michael Brown there--people who are a notch or two below the norm for their jobs. As is Harriet Miers.

This is a nice piece of analogical reasoning, but I don't think it holds up. The first problem is that even the Bush people who are "major-league talents," like Rumsfeld and Wolfowitz, have not acquitted themselves well. The second problem is that Truman, unlike Bush, was a voracious reader who demonstrated a fair amount of intellectual curiousity.

posted by Dan on 10.05.05 at 03:12 PM




Comments:

"There are good people working in the executive branch in whose competency I trust. At this point, George W. Bush is not one of them. "

"The first problem is that even the Bush people who are "major-league talents," like Rumsfeld and Wolfowitz, have not acquitted themselves well. The second problem is that Truman, unlike Bush, was a voracious reader who demonstrated a fair amount of intellectual curiousity. "

Jeez, there are enough red herrings in this post have a fish fry. Lets start from square one, assuming that the Dems are going to let this one go through (as seems likely so far at least), or at least are unlikely to hold Miers up on a 'crony' argument, it is really only conservative senators who have any cards in this game.
Dan doesnt trust Bush's competancy and assumedly judgement. Obviously. He didnt vote for the man. Political opponents dont get vetoes when they lose elections, and honestly their opinion is of limited impact. If you mistrusted Bush's judgement enough to vote for the other guy, pretty much by definition anyone he appoints is suspect. Puts us in a bit of a bind if the president is going to have to select nominees.

Will's peice is correct, but it certainly wasnt aimed at Kerry voters, they had their say. It is aimed at Republicans and specifically the Conservatives that were promised certain judges. The real question is from a _conservative's_ point of view, is Bush trustworthy in this pick. I think Will's conclusions are wrong, Bush is being badly served by the memory hole here. This is a president that has cut taxes dramatically, increased defense funding, fought 2 wars, and appointed more conservative judges to high posts than his father ever dreamed of. He has generally stuck with conservative hardliners when pressured to go with moderates in high offices.
If Bush has done one thing consistantly, it is to choose and stand by subordinates who share his philosophies, for better or worse. The only honest question for the religious right to ask itself is if they really believe Bush is 'one of them'. If so, Miers (and Roberts) will prove to be the kind of judges they will like. If not, Bush has fooled them for a very long time, and apparently taken this opportunity to unmask. The point is, conservatives built this Bush and held him up. If they dont trust him at this late date, well, its too late. Dance with the date who brung ya, its too late for second guessing.

PS: the only way this nominee makes the court in one peice is if this exact fight is happening on the right. Dont think that didnt occur to Karl Rove and Bush when the selection was made.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



Mark, unlike Dan I did vote for Bush, and I wouldn't trust him to make a proper ham sandwich. He has a judicial philosophy like I have taste in modern art.

I've taken a vow of silence on the Supreme Court nomination until the confirmation hearings start, so I have nothing to say about that. But Stuntz's analogies only remind me that you can compare anyone with two legs, two arms and a head to anyone else with two legs, two arms and a head. Bush and Truman, indeed.

posted by: Zathras on 10.05.05 at 03:12 PM [permalink]



Mark, I think your logic is completely inverted. Basically, you’re saying both “shut up conservatives who didn’t vote for Bush (i.e. Dan), you already didn’t vote for him” and “shut up conservatives who voted for Bush and are complaining, you already voted for him.” Technically, no one gets a veto, including Dan, George Will, and anyone at the Corner, let alone “opposing parties.” Your response too easily harmonizes the contradictions that make Bush be Bush, and they’re contradictions that are obviously causing a conservative identity crisis. If you think that this is part of a Rovian plot to get some no-name to the High Court to do whatever it is the Left is afraid of, then it’s a very bizarre plot indeed, and one that’ll help further alienate smart and idealistic conservatives.

posted by: festus on 10.05.05 at 03:12 PM [permalink]



Zathras, I tend to agree with everything except the trusting Bush part. Im waiting to hear this woman speak. Personally I have very little faith in Bush carrying through on projects or kicking subordinate butt when things arent working, but I have a great deal of faith in him to present policies that define him. I believe Bush is more of a pure constructionist than those who claim to be clammering for one. Bush simply isnt going to appoint someone who is going to be an activist in the other direction, and thats what the critics are really asking for.

This seems to me like a case of giving the Conservatives what they need instead of what they want. Janice Rodgers Brown or another outright anti-Roe nominee would very likely cost the Republicans the Congress in 06, which means no more conservative justices period, and then the WH in 08, which means a couple more Ruth Ginsbergs that would easily neutralize the original pick. It wont due to mix up Bushs ineptitude in completing projects with his shrewdness towards politics.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



"Technically, no one gets a veto, including Dan, George Will, and anyone at the Corner, let alone “opposing parties.”"

Technically, this is true. The Dems are triangulated because they asked for her and the Reps can hardly reject her idealogically after lecturing the opposition about doing exactly that. Unless something unforseen shows up in her record or one side decides to commit suicide, this is a done deal.


"Your response too easily harmonizes the contradictions that make Bush be Bush, and they’re contradictions that are obviously causing a conservative identity crisis."

Probably, but you seem to assume this is a bad thing. In my opinion, most good policy comes from identity crisis.

"If you think that this is part of a Rovian plot to get some no-name to the High Court to do whatever it is the Left is afraid of, then it’s a very bizarre plot indeed"

I have no doubt that this is all a triangulation. The brilliance of good strategy is that every angle that turns up down the road which supports you seems premeditated. I doubt that Miers is a true stealth zealot, but I have no doubt she is more conservative than the Democrats would allow to pass without a fight under other circumstances.

"one that’ll help further alienate smart and idealistic conservatives."

Smart and idealistic conservatives will recognize half a load when they see. Look across the aisle, if you want to be idealistically pure (and out of the mainstream) the price is minority status. I think middle American is going to embrace this nominee ultimately. Just maybe the court needs a career business woman/sunday school teacher instead of another cocktail circuit federal judge.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



I trust Bush not to go wobbly on Iraq and see it through. I don't trust Bush to understand the difference between an originalist in the mold of Scalia, a natural rights advocate like Thomas or a traditional conservative like Rehnquest. I don't trust Bush not to prize personal loyalty over all other principles. I don't trust Bush not to lie about how much things cost.

Mark: You have the Xs and Os down. With 55 Republicans, Bush could have gotten hunreds of nominees approved. And if the goal was to torture Democrats, there are a good number of women and minorities more qualified. That he picked a crony after Katrina is as damaging to moderate Republicans as conservatives. The damage is to the President, not necessarily the crony.

posted by: PD Shaw on 10.05.05 at 03:12 PM [permalink]



Mark, I don't feel I can comment on what conservatives need here or even on your reflections about "the brilliance of good strategy" without violating my pledge of silence on this nomination. So I will have nothing to say about this until the confirmation hearings start in the Judiciary Committee. When they do, boy are you going to get it.

Dan, shouldn't the question be, "whom do you trust?"

posted by: Zathras on 10.05.05 at 03:12 PM [permalink]



This is a nice piece of analogical reasoning, but I don't think it holds up. The first problem is that even the Bush people who are "major-league talents," like Rumsfeld and Wolfowitz, have not acquitted themselves well.

Dunno about that.... consider the magnitude and difficulty of the task. For decades, the middle east has been considered a gordian knot, and these are the people who had to deal with it. I can think of quite a lot of people who could have done a worse job of it, and damn few who might have done better.

posted by: rosignol on 10.05.05 at 03:12 PM [permalink]



All goes back to the fact that Bush is unqualified, and Mark is too scared to address the fact.

FYI- The other thread has a response to your completely predictable, and completely wrong-headed response.

Happy to go down that path... I love debating people of lower intellect... (not an insult, but I've done my due diligence on who you are, and am not impressed)

posted by: RZ on 10.05.05 at 03:12 PM [permalink]



RZ, its past your bedtime. Grow up.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



"So I will have nothing to say about this until the confirmation hearings start in the Judiciary Committee. When they do, boy are you going to get it."

Looking forward to it Z :)

"That he picked a crony after Katrina is as damaging to moderate Republicans as conservatives. The damage is to the President, not necessarily the crony."

Fair point PD, but let me address the crony argument for a moment. This is a strong argument for the Democrats and independents that dont trust Bush, I agree.
Conservatives, on the other hand, have to face an interesting truth. Everyone is terrified of their party nominating a justice who ends up the opposite of what is expected. So how do you correct this? Ok, you could appoint an absolute fire and brimstone conservative which _might_ work. That would provoke nuclear war and be politically costly, if not fatal. The only other answer is to appoint someone you know personally and strongly feel will be the kind of judge you want. The bottom line is, conservative dont know Miers, but _Bush does_. So either Bush chooses someone he doesnt know and we all trust together, or we trust Bush. Like I said before, its a bit late in the day to lose faith, if your a conservative.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



Mark:

The question is whether Bush's priorities (which seem to relate to having the Patriot Act upheld and keeping Guantanamo open) are the same as the social conservatives and small government conservatives. I would bet not.

I think Bush's goal is a court that accords more deference to the actions of the executive branch. And Bush is very likely to know his nominee's thoughts on that topic, based on the legal advice he has been getting.

As for anything else; I stand with Z. I don't know. I will say that I think you have W's mindset down and the possible calculations, but may not be right on how all of it plays out this time around. Like you, I do look forward to Z fulfilling his promise.

posted by: Appalled Moderate on 10.05.05 at 03:12 PM [permalink]



Mark- your response just provides further evidence of my point. Your arguments are limited intellectually, when you can't think of a legitimate point, you say "its past your bedtime?"

Very weak.

Sad, for someone who posts as much as you do.

posted by: RZ on 10.05.05 at 03:12 PM [permalink]



RZ, im only saying this to make it clear to you we are done talking. While it is certainly possible that you are smarter than I am, intelligence isnt everything. I would advise you to put that big brain of yours to work learning manners. I can assure you that whatever small reputation i have earned here as a thinker and debater didnt come from declaring my intellectual superiority, particularly when no-one is asking. Go haunt somebody else.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



Your reputation as a "thinker and debater?"

He's further proof that you are neither.

You say that you wrote "its past your bedtime" to make clear that you "we are done talking"- yet you continue the conversation. Sounds illogical to me.

My overall point is that your posts are pretty poorly thought-out and on the whole detract from this blog. As a U of C alum, I hate seeing Drezner's site impacted in this manner.

Rather than me haunting someone else, perhaps you should post somewhere else- a place that is more in line with your capabilities- this surely isn't it.

posted by: RZ on 10.05.05 at 03:12 PM [permalink]



"For decades, the middle east has been considered a gordian knot, and these are the people who had to deal with it. I can think of quite a lot of people who could have done a worse job of it, and damn few who might have done better. "

Posted by rosignol

Well, declaring abysmal failure to be the new standard for success does seem to work for this administration and its supporters, so why not continue?

posted by: Barry on 10.05.05 at 03:12 PM [permalink]




"For decades, the middle east has been considered a gordian knot, and these are the people who had to deal with it. I can think of quite a lot of people who could have done a worse job of it,

How could someone have done a worse job ?

posted by: Mark M on 10.05.05 at 03:12 PM [permalink]



Anytime a leader, any leader, has to say 'trust me'
he has telegraphed the fact that his back is up
against the wall and nothing is going right.

'Trust me' means Bush is no longer a leader but a
follower of events around him.

His position on anything is no longer defensible
and what defenses he does have are weak, puny,
and already being overrun by events he can no
longer even hope to defend against.

Bush is Doomed.

The destruction will be enormous.

Updated Chinese proverb: "Bush has lost the
mandate from heaven to lead."

...And the God's now conspire to destroy him,
and all he's wrought.

Bye Bye Bush.

Wrought, an adj: "Shaped by hammering with tools."

posted by: James on 10.05.05 at 03:12 PM [permalink]



You can trust a person's judgment and still disagree with him. You can trust that President Bush will appoint a competent conservative to the Supreme Court, but believe that no conservative should be appointed to the court.

The point of Dan's post is that you can't trust that Bush will appoint a competent conservative. So, when Bush appoints someone with little relevant record, it's appropriate for a conservative to question the appointment. It doesn't matter for whom you voted -- at some point, we all vote against a candidate whose judgment we trust, but with whose philosophy we disagree. And, at some point we all vote for someone with whose philosophy we agree, but with whose judgment we, in the end, don't.

It seems that many people are taking the question as being, "Is she conservative or not?" when the actual question is, "Is she the best (or even a competent) candidate or not?"

posted by: Andrew Steele on 10.05.05 at 03:12 PM [permalink]



True Andrew, and the next question is "Is she the best candidate that can be confirmed without starting a shooting war". Lets not pretend there were not circumstances outside Bush's control in his selection.

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]



Mark,

If you think she is the best candidate that could be confirmed, then you really are as stupid as I'm suggesting.

I think its time you find a blog that is more appropriate for your level of intelligence.

posted by: RZ on 10.05.05 at 03:12 PM [permalink]



I don't get it....

Miers claims Bush is the most brilliant man she ever met? This automatically disqualifies her in my book. This is not loyalty, this is idol worship.

The fact that Bush claims that Miers "will not change" even 20 years down the line implies that neither mental curiosity or open mindedness is part of her repertoire. In this world of constant change, anyone who does not grow to accept new found ideas is doomed. Even Senator Byrd of WV regrets his association with the KKK. Is this the Conservative Movement's gift to our nations future?

posted by: Ben Donikian on 10.05.05 at 03:12 PM [permalink]



"The fact that Bush claims that Miers "will not change" even 20 years down the line implies that neither mental curiosity or open mindedness is part of her repertoire."

First of all, I dont see anything wrong with having convictions that hold up for 20 years. Murder is wrong now, and i am willing to go out on a limb and say it will most definately be wrong in 20 years. Secondly, we know that Miers has contributed to Democrats in the past and apparently has undergone some sort of change over the years.

"Even Senator Byrd of WV regrets his association with the KKK. Is this the Conservative Movement's gift to our nations future?"

Boasting of having former Klan members seems like an odd claim to a superior party. Perhaps this is one of those liberal/conservative differences, but I dont happen to think people that join groups devoted to violence and murder against minorities change their feathers. Since when is having convictions a negative? Should we all give the Klan a spin as part of our enlightenment?

posted by: Mark Buehner on 10.05.05 at 03:12 PM [permalink]






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