MSNBC - The Abrams Report - A Closer Look at the Nomination of Harriet Miers

MSNBC - The Abrams Report
Debating the Nomination of Harriet Miers
October 10, 2005

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES:  In my interviews with any judge, I never ask their personal opinion on the subject of abortion.

QUESTION:  In your friendship with her?

BUSH:  Not to my recollection have I ever sat down with her.  What I have done is understand the type of person she is and the type of judge she will be.

(END VIDEO CLIP)

DAN ABRAMS:  With so many unanswered questions circulating about the supreme court nominee Harriet Miers position on some of the most controversial issues, one person believes he has the answers.  James Dobson, founder of the conservative evangelical group Focus on the Family said last week on his radio show that he has some inside info.

(BEGIN AUDIO CLIP)

JAMES DOBSON, FOCUS ON THE FAMILY:  When youand you have to trust me on this onewhen you know some of the things I know that I probably shouldnt know, that take me in this direction, you will understand why I have said with fear and trepidation, why I have said that I believe Harriet Miers will be a good justice.  John, if I have made a mistake here, I will never forget it.  The blood of those babies that will die will be on my hands to some degree.

(END AUDIO CLIP)

ABRAMS:  Dobson admitted during the same broadcast last week he had numerous conversations with Karl Rove with the Miers nomination.  Democrats and Republicans are calling on Dobson to come before the Senate Judiciary Committee and reveal what he was told.

(BEGIN VIDEO CLIP)

SEN. ARLEN SPECTER, PA:  If there are back room assurances and deals and something which bears upon a precondition as to how a nominee is going to vote, I think thats a matter that ought to be known by the Judiciary Committee and the American people.  If Dr. Dobson knows something he shouldnt know or something I ought to know, Im going to find out.

(END VIDEO CLIP)

ABRAMS:  Arlen Specter of course is a pro choice Republican.  Should Dobson be forced to tell the senate what he knows about Miers?  If he refuses, should he be subpoenaed?  Joining us now to answer some of those questions, Jay Sekulow, of the conservative American Center for Law and Justice and Elliot Mincberg, legal director for the liberal People for the American Way.

All right, gentlemen, thanks very much for coming on.  Jay, do you have any problem with forcing Dobson to come in and say what did Rove say to you?

JAY SEKULOW, AMERICAN CENTER FOR LAW AND JUSTICE:  Well look, the Congress hasthe Senate has subpoena power.  They could ask him to come in voluntarily or they can ask him to come in through a subpoena.  They can also, as will probably happen, through the investigative process that is probably underway as we speak that may be going on to find out what he means.

Let me tell you something and as someone who has been very involved in this process of judicial selection and someone who has worked with the White House I had no assurances given and I cant imagine Jim Dobson did either.  I think some of the things hes talking about and I think this will come out in due course, are the statements that were made by Nathan Hecht, her friend who is of course a justice on the Texas Supreme Court who was on the news immediately after the nominations, there is no great surprise there.  I cant imagine anyone else at the White House gave information .

ABRAMS:  Which was what?

SEKULOW:  That she attended a church it was her faith-based commitments, thats what Nathan Hecht talked about and talked about shes a conservative.  But no one knows how she will vote on a particular case.  I do agree with the president that she has a conservative judicial philosophy.  The president, after all, has given the authority to nominate.  But if Jim Dobson knew something he wasnt supposed to , it will come out.

I suspect thats not the case at all.

ABRAMS:  This is what Chuck Schumer said on Face the Nation about it.

(BEGIN VIDEO CLIP)

CHARLES SCHUMER, (D) NY:  I believe that we ought to call James Dobson as a witness at the senate judiciary hearings and find out what kind of assurances hes received.  If those assurances are good enough for James Dobson then all of America ought to hear them.

(END VIDEO CLIP)

ABRAMS:  Elliot Mincberg, what do you make of that?

ELLIOT MINCBERG, PEOPLE FOR THE AMERICAN WAY:  I think Senator Schumer and Senator Specter are absolutely right.  The concerns raised about Harriet Miers include will she be an independent voice on the Supreme Court, not just doing George W. Bushs wishes and does she have a basic commitment to constitutional values.  I suspect what Dobson found out leads him to believe she will vote the way he wants her to to overturn Roe v.  Wade.  And .

ABRAMS:  Isnt it possiblewait, all they said to Dobson behind closed doors is she is as very religious woman.  She takes her faith very seriously.  Its dominant part of her life and keep that in mind, my friend, something like that was said.  Lets assume that was what was said.

MINCBERG:  And thats quite possible.  If thats all that was said you would have thought he would have said that by now.  But the fact is not only should he be asked but Karl Rove should be asked what information he gave to people like Dobson.  And frankly, one of the key things is this is an advisor, a person would whos known the president for more than a decade.  And he made the decision based on what he knows about her.  That means even more important than Dobson or Rove testifying is her testifying.

ABRAMS:  Thats not going to happen.

MINCBERG:  Republicans and Democrats want to know.

ABRAMS:  Thats a nice theory but I promise you she will not answer the questions you want answered.  I wont happen.

MINCBERG:  If you are right about that .

ABRAMS:  I know Im right.

MINCBERG:  I wouldnt be surprised to see Republicans and Democratic senators saying we need to know more about her.

ABRAMS:  That may happen but anyone claiming they expect to get the answers from Miers in the confirmation hearing that that is going to somehow assure them one way or another are just grandstanding.  You know you are not getting the answers.

MINCBERG:  Nobody is talking about ..

ABRAMS:  The fact isgo ahead, Jay.

SEKULOW:  She cant say how shes going to vote in a particular case.

And whether she can or cant, shes not going to.  The president makes the nomination.

MINCBERG:  Thats not what were talking about .

SEKULOW:  What were talking about is whether information was given.

ABRAMS:  One at a time.  Jay, go ahead.  Jay Sekulow, go ahead.

SEKULOW:  Heres what weve got.  The question today is, were there assurances given to some on the conservative side with regard to Harriet Miers views.  The answer to that is going to be exactly what you just said, Dan.  What is going to come out and it will probably not take a Senate hearing to do this is they talked about she is a woman of sincere faith.

ABRAMS:  I would like to know that.  I think thats what were going to hear.  Whether that was actually said or not said.  Because Dobson sure made it sound like he has more than that.

MINCBERG:  But thats exactly right.  He did.  Thats why we should find that out.

SEKULOW:  I know Jim Dobson and I know one thing.  Jim Dobson is going to tell the truth.

ABRAMS:  Im not questioning that.  I didnt mean to suggest he is going to tell the truth.  Im saying thats what well get on the investigation.

Jay Sekulow and Elliot Mincberg, thanks a lot, appreciate it.