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July 22, 2005
Estradification
You knew this was coming.
Democrats said yesterday they will demand that the Bush administration hand over internal legal memorandums written by Supreme Court nominee John G. Roberts Jr. while he was a government lawyer -- something the White House has refused to do in the past.
Sen. Charles E. Schumer, New York Democrat, said he broached the topic during a meeting yesterday with Judge Roberts, who replied that any decision about his writings as deputy solicitor general would be made by the White House.
The President is unlikely to waive the attorney/client privilege.
And he shouldn't.
From an ethical standpoint, there's no overriding concern to breach the privilege. From a practical standpoint, the information gained is hardly helpful in determining Judge Roberts ideology.
What one advises one's client(s) has little or no relationship to the way one would rule on the bench.
Like duh.
As an attorney, you are advocating your client's position. As a judge, you are examining both sides' evidence and applying applicable law. Two entirely different things.
It's as if you were applying for a top programmer's position, and the hiring committee demanded to see the e-mails you'd written to your future spouse while you were in college. Sure, you may've written about a particularly difficult programming problem.....but it sure as heck isn't going to indicate what kind of programmer you've become.
But they know all that. They just want to kick up a fuss about something to stall the nomination....and placate the more left-wing of their party.
That's getting very tiresome.
Posted by Rita at July 22, 2005 03:43 AM