Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2006 -- (Senate - October 27, 2005)

BREAK IN TRANSCRIPT

WITHDRAWAL OF NOMINATION OF HARRIET MIERS

Mr. FRIST. Mr. President, over the last several minutes, Harriet Miers has formally requested to withdraw as a nominee to serve as Associate Justice of the Supreme Court. I had a conversation with Ms. Miers early this morning, and she told me that it was last evening that she spoke to the President and formally requested her nomination to be withdrawn. She stated clearly to me this morning and in a letter, which I will refer to shortly, that she felt that withdrawal was in the best interest of the United States. She came to this decision on her own, based on what she has experienced and witnessed and with the requests that are currently being made and as she projected forward to the hearings, again, in the best interests of the country. This morning she was gracious and forthcoming, confident, expressed appreciation for all of the work that has been done to date in the Senate and asked me to express that to each of the Senators, asking me to say thank you for their individual courtesy over the past several days and weeks. As one may expect, she was disappointed but confident and upbeat.

Earlier this morning, following that, I did talk to the President. It is appropriate, because things are moving so quickly for me, to quote from her letter, again, to use Harriet Miers' own words. As this is addressed by the political pundits and the commentators over the course of today, I think it would be helpful for our colleagues to hear directly what Ms. Miers sent to the President.

October 27, 2005.

Dear Mr. President: I write to withdraw as a nominee to serve as an Associate Justice on the Supreme Court of the United States. I have been greatly honored and humbled by the confidence that you have shown in me, and have appreciated immensely your support and the support of many others. However, I am concerned that the confirmation process presents a burden for the White House and our staff that is not in the best interest of the country.

As you know, members of the Senate have indicated their intention to seek documents about my service in the White House in order to judge whether to support me. I have been informed repeatedly that in lieu of records, I would be expected to testify about my service in the White House to demonstrate my experience and judicial philosophy. While I believe that my lengthy career provides sufficient evidence for consideration of my nomination, I am convinced the efforts to obtain Executive Branch materials and information will continue.

As I stated in my acceptance remarks in the Oval Office, the strength and independence of our three branches of government are critical to the continued success of this great Nation. Repeatedly in the course of the process of confirmation for nominees for other positions, I have steadfastly maintained that the independence of the Executive Branch be reserved and its confidential documents and information not be released to further a confirmation process. I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield.

I share your commitment to appointing judges with a conservative judicial philosophy, and I look forward to continuing to support your efforts to provide the American people judges who will interpret the law, not make it. I am most grateful for the opportunity to have served your Administration and this country.

Most respectfully,
HARRIET ELLAN MIERS.

Those are her words, and I think they are very direct. I did have a chance to talk to the President moments ago. He says that he accepted this withdrawal. Harriet Miers will continue as White House counsel, of course. And I believe that we can expect another nomination in the very near future. I will be talking to Chairman Specter a little bit later this morning.

I yield the floor.

http://thomas.loc.gov/