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Who Will Fill Harriet Miers's Size Six Shoes?

Harriet Miers Harriet E Miers Harriet Ellan Miers Harriet Elan Miers Above the Law.JPGPresident Bush famously described Harriet E. Miers, the outgoing White House counsel, as "a pit bull in size six shoes." Woof woof!

But some White House insiders viewed Harriet Miers as insufficiently canine. Per the Washington Post:

Miers, a longtime Bush loyalist whose nomination to the Supreme Court was withdrawn in 2005 as a result of conservative opposition, led an office that will oversee legal clashes that could erupt if Democrats aggressively use their new subpoena power. Bush advisers inside and outside the White House concluded that she is not equipped for such a battle....

The White House did not announce a replacement but has settled on someone to take on the assignment, according to several advisers who did not disclose the name.

If you have thoughts about who this person might be, we'd love to hear from you.

Further discussion and speculation, after the jump.

The Post piece contains some hints about what to expect from the next White House counsel:

Republican advisers have been telling the White House to be ready for war, and many cited Miers as the wrong general. "The White House knew they needed to get a tough street fighter -- that's what this is about," said one such adviser, who spoke on the condition of anonymity to preserve access to the White House.

The advice, according to this person, could be summed up this way: "You guys better lawyer up, and lawyer up in the right way. You better understand the need and the peril and the urgency. . . . You need somebody as tough as [Clinton aides] Harold Ickes or Bruce Lindsey. Because they're coming for you."

Miers, Bush's personal lawyer in Texas, is popular in the West Wing and is admired for her hard work, loyalty and character. But since taking over last spring, White House Chief of Staff Joshua B. Bolten had privately expressed doubt that Miers, 61, was right for the job, current and former officials said.

So the new White House counsel will be (1) pretty badass, and (2) someone who can work well with Josh Bolten. Maybe the post will go to an "elder statesman"-type, or a grizzled veteran of partisan warfare. If so, then two possible candidates -- Deputy White House counsel William Kelley (OT 1988/Burger/Scalia), and Assistant Attorney General Rachel Brand (OT 2002/Kennedy) -- may be deemed too young for the job (despite their brilliance).

Interestingly enough, it seems that Harriet Miers was under some pressure to leave at an earlier date:

When news reports at the time suggested that she might leave as part of [Josh] Bolten's initial shakeup [of the White House staff], Miers talked to Bush and kept her job, the sources said. After Democrats captured Congress in November, the issue was revisited and some Republicans were told before Thanksgiving that someone else would be brought in.

Miers had told colleagues that she planned to stay until the end of the administration, but after several conversations with Bolten in the past week, she agreed it was time to move on. "We're entering a new era here in the White House, and they both came to that conclusion," a senior administration official said.

One name that was floated as a possible replacement was Ted Olson (wedding photographs here). But that won't be happening:

[Olson] said he had no intention of taking the job. "I'm not going to be replacing Harriet Miers," Olson said yesterday.

Ouch. We wish we had an audiotape of that telephone call. We can practically hear the disdain in Olson's voice.

From the Wall Street Journal's Washington Wire, two more possibilities:

Rumored as possible successors are Fred F. Fielding, who served President Reagan in a similar capacity, and Ford Motor Co. General Counsel David G. Leitch, a former Bush administration lawyer.

Fred Fielding is a name partner at Wiley Rein & Fielding, a firm that is exceptionally well-connected in Republican circles. He works in the area of crisis management -- which the White House could use some help with these days.

As senior vice-president and GC at Ford, the crashing and burning troubled automaker, David Leitch knows all about serving on a sinking ship. In addition, he's among the Elect (OT 1986/Rehnquist). Given the challenges that the White House faces, the brainpower of a former Supreme Court clerk may be just what the doctor ordered.

Miers Steps Down As White House Gears Up for Battle [Washington Post]
Read My Eyes [Washington Wire]
“You Guys Better Lawyer Up, and Lawyer Up in the Right Way” [WSJ Law Blog]

Earlier: Harriet Miers: Farewell My Concubine Counsel
Breaking: Harriet Miers Has Resigned As White House Counsel!

Comments
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1 Posted by guest | Permalink Friday, January 5, 2007 7:12 PM

The White House needs a hard-nosed litigator, not a fancy-panted SCOTUS clerk. I like you, Lat, but if you would stop licking the wingtips of The Elect, you'd realize that 9 out of 10 of them couldn't litigate their way out of a paper bag. See, e.g., Rachel Brand and her zero years of private practice.

I vote Tim Flanigan.

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2 Posted by guest | Permalink Friday, January 5, 2007 9:54 PM

What about Charles Cooper. He is a badass and a member of the elect.

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3 Posted by Also Anon | Permalink Saturday, January 6, 2007 2:57 AM

Um, isn't Tim Flanigan also a fancy-panted SCOTUS clerk? And I think Rachel Brand has a few years of private practice experience at Cooper & Carvin (now Cooper & Kirk, I think).

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4 Posted by guest | Permalink Saturday, January 6, 2007 8:06 AM

Yes, Timothy Flanigan was a Supreme Court clerk (OT 1985/Burger):

http://underneaththeirrobes.blogs.com/main/2005/10/tim_flanigan_wi.html

Being a SCOTUS clerk and a tough litigator aren't mutually exclusive. See, e.g., Texas SG Ted Cruz (who will do whatever it takes to win a case).

That's also right about Rachel Brand being at Cooper's firm:

http://www.whitehouse.gov/government/rbrand-bio.html

I don't think she was there for that long. But it's incorrect to say she has "zero" experience in private practice.

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5 Posted by underneath the beltway | Permalink Saturday, January 6, 2007 11:27 AM

Fred Fielding. Bush needs an adult to deal with the children who are now running the Hill. Speaking of childish, whoever wrote the comment about Rachel Brand and her "zero" litigation experience can go piss up a rope. Yes, she did work for Chuck Cooper, so she has plenty of experience, not to mention having done yeoman's labor for the Administration for several years in increasingly important positions. Hey Anonymous (#1), threatened by powerful, attractive women much?

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6 Posted by Jeremy T | Permalink Saturday, January 6, 2007 4:26 PM

Being a SCOTUS clerk doesn't make you smarter or better, it just reflects the fact that some members of the Supreme Court once deemed you smarter or better than the other people who applied.

That doesn't mean that you actually are smarter or better, and plenty of SCOTUS clerks are far too academic-minded to be successful litigators. What the President needs right now is a litigator, and I can't think of anyone better than Tim Flanigan, Fred Fielding, or Dick Wiley. One of those three would be my choice, and I'm not sure I understand why you need just one. I'd be trying to talk all of them into coming on board.

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7 Posted by jowl | Permalink Sunday, January 7, 2007 12:41 AM

What about Ben Ginsberg from Patton Boggs. He's a long time Repub lawyer and litigator who was big in the Bush/Gore battles. He's also a senior cleric of the Washington establishment.

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8 Posted by Matthew Friendly | Permalink Sunday, January 7, 2007 10:12 AM

Ginsberg is a good addition to those named above. I'd also throw Fred Bartlit into the mix. He's truly a legendary litigator.

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9 Posted by Maddie | Permalink Monday, January 8, 2007 9:17 AM

Ramesh Ponnuru reported last week on NRO it might be David Aufhauser.

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10 Posted by guest | Permalink Monday, January 8, 2007 3:37 PM

Fielding and Ginsberg would be good choices.

Brand's approximately one year of work at Cooper as a junior associate does not make her qualified to defend investigations, nor does her years of almost exclusively policy-driven work for the Administration, so you Brand-apologists should ease off.

David might be pushing her because he went to her party this weekend.

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11 Posted by Anonymous | Permalink Monday, January 8, 2007 7:48 PM

Ted Cruz a hard worker? I've heard he regularly vacations while his line attorneys spend nights and weekends writing his briefs. Then he claims credit for writing them. What a guy!

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