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Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg
Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.
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September 10, 2007 6:21 PM
The White House could announce as early as Wednesday its nominee to replace Attorney General Alberto Gonzales, and former U.S. Solicitor General Theodore Olson has emerged as a leading candidate—despite initial concerns in the administration that he could face a tough confirmation hearing, according to sources close to the process.
Olson, a highly regarded Washington D.C. lawyer, has broad support inside the administration because of his deep experience in the Justice Department in two different presidential administrations. In addition to serving as solicitor general during President Bush’s first term, Olson headed the Office of Legal Counsel during the Reagan Administration.
Olson argued on behalf of George W. Bush in the Supreme Court in Bush v. Gore and is considered one of the nation’s top Supreme Court lawyers. He was serving as solicitor general when his wife, noted commentator Barbara Olson, was killed in the Sept. 11 terrorist attacks. She was a passenger on the hijacked American Airlines flight that crashed into the Pentagon, killing her and 58 other passengers and crew members.
On the administration’s short list since Gonzales first disclosed he would be resigning, Olson has all the right credentials. But some officials, including White House Chief of Staff Josh Bolten, had been concerned that he would face stiff opposition from Senate Democrats. Olson was confirmed solicitor general by a razor-thin 51-47 vote in 2001, when Republicans ran the Senate.
Bolten contacted Olson the weekend before Gonzales’ resignation to see if he would be considered for the post, sources said. Bolten also spoke with George Terwilliger, a former federal prosecutor who was deputy attorney general in the George H.W. Bush administration, as well as Laurence Silberman, a senior judge on the U.S. Court of Appeals for the D.C. Circuit.
Olson and Terwilliger said they were willing to be considered for the position, according to sources close to the process, but Silberman told Bolten he was not. Silberman, a deputy attorney general for Presidents Nixon and Ford, recently co-chaired the Commission on Intelligence Capabilities, which examined the background evidence cited for the invasion of Iraq. He said firmly that he did not want to leave the federal bench.
Olson or Terwilliger would have to leave prominent law practices to head the Justice Department, but both could return to their law firms at the end of the administration. Silberman would have to leave the bench permanently if he were nominated, and he told Bolten that he was not ready to do that, sources said.
Another potential nominee, former Deputy Attorney General Larry Thompson, is in a situation similar to that of Silberman: He would have to quit his position as general counsel of Pepsico and would be unable to return—the company could not leave that position open in his absence. Thompson, widely respected by colleagues in the Justice Department, also has indicated he did not want to be considered for the job.
Others under consideration include retired federal judge Michael Mukasey, a former federal prosecutor nominated to the bench by President Reagan in 1987. As the chief judge of the southern district of New York, he presided over several terror trials, including the conspiracy trial of Sheikh Omar Abdel Rahman, the convicted mastermind of the first World Trade Center bombing in 1993. Mukasey left the bench last year and is now a partner in a New York law firm. While highly regarded, he is seen by some as lacking in managerial experience needed to take over the beleaguered Department.
In deciding between Olson and Terwilliger, White House officials are weighing several factors. Olson is considered the stronger and more experienced candidate, but concerns that his confirmation hearing could turn into a partisan brawl have not gone away, sources said.
That’s the strike against Olson: He’s a bigger fight.
Olson’s supporters have argued to Bolten and others that he would actually be less controversial now than at his 2001 hearings, having been well regarded during his stint as solicitor general. Terwilliger’s supporters counter that he’s equally capable--and more easily confirmable in a contentious Senate.
President Bush’s choice could send a signal: How much fight does he have left—or feel like expending—in the remaining 15 months of his administration? Stay tuned.
September 10, 2007 | Permalink | User Comments (19)
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You're forgetting the sympathy factor in that his wife was killed on September 11. I can't see any but the most partisan Democrats voting against him.
Posted by: KipEsquire | Sep 10, 2007 9:22:58 PM
That's good to know.
I like Olson. On the thin chance a Supreme Court seat opened up, Olson would be get on selecting a conservative nominee.
I especially like that this would get Paul Clement out of the hot seat, so he won't get sullied up as AG to the point he wouldn't ever make it through a confirmation for the Court someday.
Hopefully, this is what comes down and hopefully he gets confirmed. I'm guessing the White Housse has taken a vote count in their head.
Posted by: Joe | Sep 10, 2007 9:25:41 PM
Olson makes Gonzo look righteous. What a pig...
Posted by: JohnShaft4 | Sep 10, 2007 9:29:58 PM
What honorable attorney with the right credentials would touch the job? Tough confibmation. A boss that demands absolute loyalty. Eighteen month duration. The center of a power struggle. Appreciably less money than the private sector. It is probably a moot question, look at Bush's history of nominating cronies.
Posted by: 0mmish | Sep 10, 2007 9:56:56 PM
A guy who basically got Bush elected by litigating for rigged elections? Sounds like the perfect guy for the job for GW!
Posted by: jeff j | Sep 11, 2007 12:01:30 AM
How can anyone who has a brain cell, and has paid attention for the last 6.5 years, not laugh at this point. Does it matter who chucklenuts appoints? I think not. Dems, PLEASE grow a set.
Posted by: Mary | Sep 11, 2007 2:16:58 AM
Did we expect anything less than another cronie? Why bother?
Posted by: DK | Sep 11, 2007 3:46:32 AM
Ted Olson is being mentioned as Bush`s choice for Attorney General. However he is a foot soldier of the radical right and therefore an enemy of the American people. He aided Ken Starr in his attempted coup d`etat against President Clinton. He also argued on behalf of Bush in front of the Supreme Court in Bush V. Gore which allowed Bush to steal the presidency from the rightful winner Al Gore.
Democrats in Congress seem to have short memories. Many voted for him for Solicitor General.
However he cannot be allowed to become Attorney General.He is a million times worse than Gonzales. If nominated the Democrats must fillibuster his nomination if they don`t have the votes to defeat it.
Posted by: Reba Shimansky | Sep 11, 2007 9:39:26 AM
His recount lawyer, unbelievable, yet so GB..Its not what you know, its how hard you ####--- you know the rest.
Posted by: miss jane | Sep 11, 2007 11:17:50 AM
Olson and Bush talking with Barbara Olson on the plane as it headed for DC would be an annoying trail to go down, now wouldn't it?????
Posted by: daddy | Sep 11, 2007 11:49:21 AM
Although I fully expect the vile left-wingers to hate anyone Bush nominates, I fully support this nominee. Hardly a Bush "crony", This nominee is possibly the smartest and most qualified person for the job. As for being disqualified based upon the fact that he took the 2000 election case for the administration, I am sure the lefties here would not quibble if he were a democrat aclu lawyer who had defended child molesters ... It just shows you what hypocrisy the left breads.
Posted by: Scott | Sep 11, 2007 12:42:55 PM
No new Attorney General should be confirmed without a committment to hire an Independent Counsel to investigate the last Attorney Generals actions, PERIOD!!!!!
Posted by: Leprkin | Sep 11, 2007 12:55:31 PM
Olsson is just another crock. He will fit in nicely with the White House Staff. Long live the Dictator Bush.
What was so sad was to see Bush and his wife at Ground Zero, or at the park. I really wish I knew what was going through his mind while he was there. Something like “I got away with it! People can say all they want but I got away with the attack! I am a better actor then Regan!
Posted by: DFP49 | Sep 11, 2007 1:45:12 PM
So Bush is going to put yet another mindless yes-man in a position of power. What a shocker.
Posted by: TG | Sep 11, 2007 1:53:58 PM
I'm sure bush would like to exercise some power by appointing another bush administration- friendly lawyer to the position. How will Olson be any different?
Posted by: Erica | Sep 11, 2007 4:46:25 PM
SCOTT: The word is breed. Bread is something you eat. We may be vile but we can spell. Try a little less hate radio. Sean won't mind if you don't give him 3 hours a day. Divided we fail.
Posted by: D | Sep 11, 2007 5:12:55 PM
Scott: Just for the record, you won't see Col. Oliver North saying anything bad about the ACLU. They got him off. Gosh, you mean they do things for Republicans too? What a concept. I don't like a lot of the things they do and some are downright wrong(in my opinion)but they are an equal opportunity organization. They would probably even help you. Hmmm
Posted by: D | Sep 11, 2007 5:18:01 PM
Let us not forget that harry reid is only allowed his seat in a red nevada because he will toe tap for republicans and kowtow to the MOB. Call Pelosi for some help but don't expect her to "grow a set", she is too busy herding cats and calming down baying BLUE DOGS...
Posted by: daddy | Sep 11, 2007 6:15:39 PM
Bush must pick someone who's hands are already dirty so they won't want to investigate too deep lest their own crimes come to light! No one tainted by Bush can be confirmed. I nominate Patrick Fitzgerald or Janet Reno or... Archibald Cox! Or how about one of the 9 Fed Prosecutors Gonzo fired!!
Posted by: born_7-4 | Sep 11, 2007 7:09:35 PM
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