FOX News - The Big Story with John Gibson - Debating the Nomination of Harriet Miers

FOX News - The Big Story With John Gibson
October 17, 2005

Debating the Nomination of Harriet Miers

HOST: JOHN GIBSON: And in today's "Political Smack Down", the re-launch of the Harriet Miers' Supreme Court nomination, the president today brought in former members of the Texas supreme court to sell Miers as a great candidate for the nation's highest court, but will focusing on her legal experience help change the minds of those conservative critics?

Joining me now, Jay Sekulow, chief counsel for the American Center for Law & Justice and Manuel Miranda, chairman of the Third Branch Conference, former aide to Senate Majority Leader Bill Frist.

Jay, you know, there's been some tough sledding on the Harriet Miers' front. Is refocusing the pitch on Harriet Miers on her legal experience going to help?

JAY SEKULOW, AMERICAN CNTR. FOR LAW & JUSTICE: I think it already has, John. I think there's been a significant shift this weekend, and even today, that's very clear that the president is committed to Harriet's nomination and confirmation. He's standing behind it.

It is also clear that Harriet Miers, after meeting with members of the United States Senate today, and the Judiciary Committee, in particular, is not going to withdraw as some have called for. So, I think there's been a significant Rubicon crossed here and that is that the president was very serious when he nominated Harriet Miers and he intends on seeing her confirmed as an associate justice on the Supreme Court.

GIBSON: Manuel Miranda, do you think that some of the really angry voices from the Right will be mollified in any way?

MANUEL MIRANDA, THIRD BRANCH CONFERENCE: No. Not at all. I think it's too little to late. And really, my experience when you start focusing attention on a nominee on her qualifications, if that's the issue for debate, you've already lost. And I have a feeling that this nominee is not going to make it, in large part because of the defenses and this is the most recent bad defense. The bottom line is that conservatives don't think she's credentialed.

GIBSON: Wait, wait, wait. Let me back you up just a second, Mr. Miranda. Did you say your feeling is she's not going to be confirmed?

MIRANDA: That's right. I mean, the fact that the White House is actually talking about defending her, actually is pretty much a Washington indicator that there's a problem. And there is a problem, because senators who are meeting with her are doubting her qualifications. And I don't think she's confirmable right now. I'd be surprised if she makes it to hearings.

GIBSON: Jay, has it -- do you think her confirm ability is in actual danger or that it's just under attack?

SEKULOW: No. I think it's not only -- it's simply under attack but this is sound bite analysis that has been given, and no one has focused in on her credentials. When people do, this woman has served as the White House counsel. She is the president's lawyer. She's was the president of the Texas bar. She has tried real cases, in real courtrooms. This idea that somehow she's not qualified because she hasn't served on the appellate bench is just incorrect.

GIBSON: Well --

SEKULOW: I think that more people -- Manny and I are friends. Look, we obviously disagree on this, but the more people who get to know who Harriet Miers is, the more they'll see this is the kind of view we need on the Supreme Court.

GIBSON: Mr. Miranda, let me just go at this one more time. What I have heard and from a lot of my friends, you know, and you hear it from Ann Coulter and you hear it from, you know, Senator Brownback, and you hear from some people whose conservative credentials are pretty good. That they're just not satisfied with this nomination. But is that really the bar? Is it really the bar that you've got to -- that those critics have to be satisfied or she's gone?

MIRANDA: No. I think that if it gets to a floor vote, the president is owed the deference. What I'm raising is that I don't think she'll make it to a floor vote. I think she's not confirmable, because the nomination invites both Democrats and Republicans to lose, or abandon, the high ground --

(CROSS TALK)

GIBSON: But isn't it the Republicans who are inviting the Democrats to attack her?

SEKULOW: I just don't see it that way.

MIRANDA: Say again, John. I didn't hear you.

GIBSON: Isn't it the Republicans who are now inviting the Democrats to attack her? They're sitting back being quiet because they don't have to attack.

MIRANDA: It's really the nomination's defenders that have invited the Democrats. They've given them more than ample ammunition and frankly the senators and their staffs are in amazement at the kind of defenses that we've been hearing for the past several weeks.

(CROSS TALK)

GIBSON: OK, Jay Sekulow, if you were in charge of this strategy today, how would you get her through?

MIRANDA: If I were on the team today, I would do pretty much what the White House is doing.

GIBSON: Let me ask Jay, before I run out of time. Jay, what would you do?

SEKULOW: I would do exactly what we're doing now and that is let's focus on this woman's qualifications. She's a very well respected, highly regarded lawyer. She deserves a seat based on her qualifications. She is qualified, the ABA will rank her well qualified.

(CROSS TALK)

GIBSON: Jay Sekulow, Manuel Miranda, jump ball, Harriet Miers. We'll see how it shakes out. Thanks to both of you.