By Peter Baker and Dan Balz
Washington Post Staff
Writers
Thursday, October 6, 2005; A01
The conservative uprising against President Bush escalated yesterday as
Republican activists angry over his nomination of White House counsel Harriet
Miers to the Supreme Court confronted the president's envoys during a pair of
tense closed-door meetings. A day after Bush publicly beseeched skeptical supporters to trust his
judgment on Miers, a succession of prominent conservative leaders told his
representatives that they did not. Over the course of several hours of sometimes
testy exchanges, the dissenters complained that Miers was an unknown quantity
with a thin résumEand that her selection -- Bush called her "the best person I
could find" -- was a betrayal of years of struggle to move the court to the
right. At one point in the first of the two off-the-record sessions, according to
several people in the room, White House adviser Ed Gillespie suggested that some
of the unease about Miers "has a whiff of sexism and a whiff of elitism." Irate
participants erupted and demanded that he take it back. Gillespie later said he
did not mean to accuse anyone in the room but "was talking more broadly" about
criticism of Miers. The tenor of the two meetings suggested that Bush has yet to rally his own
party behind Miers and underscores that he risks the biggest rupture with the
Republican base of his presidency. While conservatives at times have assailed
some Bush policy decisions, rarely have they been so openly distrustful of the
president himself. Leaders of such groups as Paul M. Weyrich's Free Congress Foundation and the
Eagle Forum yesterday declared they could not support Miers at this point, while
columnist George Will decried the choice as a diversity pick without any
evidence that Miers has the expertise and intellectual firepower necessary for
the high court. As the nominee continued to work the halls of the Senate, the White House
took comfort from the more measured response of the Senate Republican caucus and
remained confident that most if not all of its members ultimately will support
her. Yet even some GOP senators continued to voice skepticism of Miers,
including Trent Lott (R-Miss.), who pronounced himself "not comfortable." "Is she the most qualified person? Clearly, the answer to that is 'no,' "
Lott said on MSNBC's "Hardball," contradicting Bush's assertion. "There are a
lot more people -- men, women and minorities -- that are more qualified, in my
opinion, by their experience than she is. Now, that doesn't mean she's not
qualified, but you have to weigh that. And then you have to also look at what
has been her level of decisiveness and competence, and I don't have enough
information on that yet." The persistent criticism has put the White House on the defensive ever since
Bush announced Monday his decision to nominate Miers to succeed the retiring
Sandra Day O'Connor. While Miers has a long career as a commercial lawyer, Texas
political figure and personal attorney to Bush before joining him at the White
House, she has never been a judge or dealt extensively with the sorts of
constitutional issues that occupy the Supreme Court. Bush tried to defuse the smoldering conservative revolt with a Rose Garden
news conference Tuesday, and the White House followed up yesterday by
dispatching Gillespie, Republican National Committee Chairman Ken Mehlman and
presidential aide Tim Goeglein to meetings that regularly bring together the
city's most influential fiscal, religious and business conservatives. "The message of the meetings was the president consulted with 80 United
States senators but didn't consult with the people who elected him," said Manuel
A. Miranda, a former nominations counsel for Senate Majority Leader Bill Frist
(R-Tenn.), who attended both private meetings. Weyrich, who hosted one of the meetings, said afterward that he had rarely
seen the level of passion at one of his weekly sessions. "This kind of emotional
thing will not happen" often, Weyrich said. But he feared the White House
advisers did not really grasp the seriousness of the conservative grievance. "I
don't know if they got the message. I didn't sense that they really understand
where people were coming from." Grover Norquist, head of Americans for Tax Reform and host of the other
meeting, declined to comment on the discussion because of its presumption of
confidentiality but said there is widespread concern given the experience with
the nomination of Justice David H. Souter, who proved more liberal once on the
bench. "There's a great deal of frustration because of the Souter experience,"
Norquist said. "The problem is there's no fixing, there's no allaying those
fears. For the president to say 'Trust me,' it's what he needs to say and has to
say, but it doesn't calm the waters." In interviews afterward, Gillespie and Mehlman acknowledged they faced
skeptical questions but assured their usual allies that Miers would earn their
respect. "People have questions," said Gillespie, who bore the brunt of the
criticism at the Norquist meeting. "If you don't know Harriet and don't know her
background, it's understandable that people have questions." While much of the consternation was voiced by social conservatives, the White
House has trumpeted the support of such prominent figures as James C. Dobson,
head of Focus on the Family, and the National Right to Life Committee. And in
the end, White House advisers emphasized, only the Senate gets a vote. "This is
about getting senators, both Republicans and Democrats, to support her," said
one administration ally working on the confirmation effort. "There's no real
concern about Republican senators now." The main complaints cited at the Norquist and Weyrich sessions yesterday,
according to several accounts, centered on Miers's lack of track record and the
charge of cronyism. "It was very tough and people were very unhappy," said one
person who attended. Another said much of the anger resulted from the fact that
"everyone prepared to go to the mat" to support a strong, controversial nominee
and Miers was a letdown. As a result, a third attendee observed, Gillespie and
Mehlman came in for rough treatment: "They got pummeled. I've never seen
anything like it." The 90-minute Norquist session, where Gillespie appeared before 100
activists, was the more fiery encounter, according to participants. Among those
speaking out was Jessica Echard, executive director of the Eagle Forum, founded
by Phyllis Schlafly. Although she declined to give a full account later because
of the meeting ground rules, Echard said in an interview that her group could
not for now support Miers: "We feel this is a disappointment in President Bush.
If it's going to be a woman, we expected an equal heavyweight to Ruth Bader
Ginsburg and her liberal stance, and we did not get that in Miss Miers." Another conservative captured the mood, according to a witness, by scorning
Miers. "She's the president's nominee," he said. "She's not ours." At Weyrich's two-hour luncheon featuring Mehlman and Goeglein addressing 85
activists, the host opened the discussion by rejecting Bush's call to trust him.
"I told Mehlman that I had had five 'trust-mes' in my long history here . . .
and I said, 'I'm sorry, but the president saying he knows her heart is
insufficient," Weyrich said, referring to Republican court appointments that
resulted in disappointment for conservatives. In a later interview, Mehlman said he retorted that Bush's decade-long
friendship with Miers set this nomination apart: "What's different about this
trust-me moment as opposed to the other ones is this president's knowledge of
this nominee." Staff writer Thomas B. Edsall contributed to this report.