A Miers out

The Miers nomination shows what serious disarray the Bush administration is in. As none other than David Gergen says, "Wheels are coming off" the Bush Admin. Miers was a horrible choice but Bush is not one to back down even when under fire from both the right and the left. So what to do? A Meirs opponent on the right, Charles Krauthammer, has what he thinks is The Only Exit Strategy.

Sen. Lindsey Graham has been a staunch and public supporter of this nominee. Yet on Wednesday he joined Brownback in demanding privileged documents from Miers's White House tenure.

Finally, a way out: irreconcilable differences over documents.

For a nominee who, unlike John Roberts, has practically no record on constitutional issues, such documentation is essential for the Senate to judge her thinking and legal acumen. But there is no way that any president would release this kind of information -- "policy documents" and "legal analysis" -- from such a close confidante. It would forever undermine the ability of any president to get unguarded advice.

That creates a classic conflict, not of personality, not of competence, not of ideology, but of simple constitutional prerogatives: The Senate cannot confirm her unless it has this information. And the White House cannot allow release of this information lest it jeopardize executive privilege.

Hence the perfectly honorable way to solve the conundrum: Miers withdraws out of respect for both the Senate and the executive's prerogatives, the Senate expresses appreciation for this gracious acknowledgment of its needs and responsibilities, and the White House accepts her decision with the deepest regret and with gratitude for Miers's putting preservation of executive prerogative above personal ambition.

This is probably the only way out for Bush right now. Will the spoiled adolescent occupying the White House take it? Bush still sees himself as the emperor but even the Republicans now see that the emperor has no clothes I don't see Bush himself backing down but will someone in the White House try to convince Miers to withdraw her nomination? Is there indeed anyone in the White House smart enough to realize this would be a smart thing to do?.

Update
Captain Ed agrees:

In truth, Brownback and Graham give George Bush cover of a different sort. Their demand makes it possible for Bush to withdraw Miers for an important principle, rather than as a failure and an embarrassment. It will kill for all time the idea of nominating one's personal attorney for the Supreme Court and still might damage the protection of privilege for administration counsel, but it beats having to retreat after all the effort made in promoting Miers and touching off a conservative food fight. Either Miers could withdraw herself to protect the attorney-client privilege, or Bush could announce that he wants to protect future administrations from unwarranted incursions of one branch into the privileges and protections of the other.

The Senate GOP wants to protect George Bush and the White House by giving him a face-saving way out of the mess he made. At this point, this is one life-saver the President should seriously consider grasping with both hands.