Legalities

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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Momentary Indecision

September 11, 2007 6:26 PM

Before we all anoint Ted Olson the nominee to be the next attorney general, it’s worth remembering that only President Bush has that power—and as of this afternoon, President Bush hasn’t decided who he will nominate. Yes, Olson is a leading candidate, as my sources told me yesterday. And he remains a leading candidate.

But sources today emphasize that the situation in the White House is fluid, and it’s too soon to rule out two other contenders: former federal Judge Michael Mukasey and former deputy attorney general Larry Thompson.

In making the decision, Bush and his advisers are grappling with a number of considerations, including, in no particular order, the following: DOJ experience; strong Republican support and Democratic respect; ease of confirmation; ability to rally morale at DOJ; ability to testify forcefully on the Hill and persuasively present the President’s policies; and familiarity with national security issues.

Olson, the former solicitor general, has almost all those qualities--but he would face the toughest confirmation fight. And some in the White House strongly believe that Bush does not need the distraction of a drawn-out battle over his next attorney general in the midst of continuing conflict over his Iraq policy.

Enter Mukasey. He has deep experience as a federal judge and former prosecutor. He’s presided over terror trials. He is respected by Republicans and Democrats. He wouldn’t be a fight. But he lacks D.C. experience, managerial experience, Hill experience—and he doesn’t know George Bush particularly well.

Of all the prospects, then, Thompson could best fill the bill—but he would be enormously hard-pressed to take the job and has indicated he does not want it. He’s now the general counsel of PepsiCo, and he would have to quit—to take a post for a 15-month period. And he couldn’t just head back to PepsiCo in 2008, because the company would need to hire someone to replace him.

Which takes us back where we started: Ted Olson, a leading candidate. But others—Mukasey, Thompson, George Terwilliger--remain in the complicated attorney general mix. And the right formula, sources say, hasn’t been finalized.

September 11, 2007 | Permalink | User Comments (4)

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Even George Bush is realistic enough not to try Olson - probably running the rumor to make his real candidate more palatable when announced.

Posted by: ommish | Sep 11, 2007 10:09:54 PM

Jan, have you heard anything regarding whether Orrin Hatch is a candidate being considered? It was rumored that Sentaor Hatch was lobbying for the position when Gonzales' major problems started (i.e., firing of U.S. Attorneys).

Patrick

Posted by: Patrick S. Sylvester | Sep 11, 2007 10:20:39 PM

We (the GOP) need a foreign policy shift and a new message of hope this election or we'll simply pass the White House into the Dems hands.

Ron Paul is the ONLY hope for the GOP. He has already amassed a vast following of grassroots supporters. Which proves simply that his message works. Despite the media blacklisting him.

Posted by: Bob Dylan | Sep 12, 2007 3:21:58 AM

It does not seem that any of the candidates really seem fit for the position. Whoever George Bush chooses, it will not please the majority of the general public. But George Bush has not done too much lately to make the public happy to begin with. I would certainly cut him some slack if he appropriated some of his political influence to helping get the Global Poverty Act passed. I may consider redeeming him if that happened. and Pigs flew.

Posted by: Erica | Sep 12, 2007 5:46:35 PM

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