Bush won’t make public documents on Miers

WASHINGTON – President Bush said Monday he would not release privileged, confidential White House records on Harriet Miers, setting up a potential document dispute over the embattled Supreme Court nomination.

Both Republicans and Democrats on the Senate Judiciary Committee said they need to know more about Miers’ five years in the White House before opening confirmation hearings Nov. 7.

Honoring those requests, however, “would make it impossible for me and other presidents to be able to make sound decisions,” Bush said after a Cabinet meeting.

Bush specifically cited “paperwork about the decision-making process, (and) what her recommendations were,” and said releasing such information “would breach very important confidentiality.”

“It’s a red line I’m not willing to cross,” he said.

Senate Judiciary Committee chairman Arlen Specter, R- Pa., said members seek “nonprivileged documents,” such as Miers’ work on selecting judicial nominees.

“If you have a nominee who appears and declines, or is precluded from, answering many, many questions, that makes it hard on the nominee and makes it hard on the ability of the Senate to evaluate,” Specter said.

Sen. Charles Schumer, D-N.Y., another committee member, said, “The president says people need to learn more about Harriet Miers, and senators on both sides of the aisle agree.”

During her five years in Washington, the Dallas corporate lawyer has served as staff secretary, deputy chief of staff and, most recently, White House counsel.

White House officials said they have not received a formal document request from the Judiciary Committee, and will try to resolve any problems.

“We’re working very closely with the Senate Judiciary Committee,” said White House press secretary Scott McClellan.

Some conservatives have criticized the nomination, saying Miers isn’t qualified. Some Democrats, meanwhile, have questioned Miers’ past opposition to abortion rights.

Specter said Miers could at least provide general topics of discussions with the president, so that members can assess whether she might have to recuse herself from certain Supreme Court cases.

“I believe that if Miers does well at her hearing that she can be confirmed without touching on the issue of executive privilege,” Specter said.

Bush said the hearings are the place to learn about Miers.