The Miers Exit Strategy

Ed Morrissey had supported Harriet Miers' confirmation until this morning, when he admitted that the poorly prepared questionnaire that she submitted to the Senate Judiciary Committee earlier this week ultimately forced him to conclude that Miers is "an imprecise and sloppy nominee for a position that requires absolute clarity and precision."

This saga is both unfortunate and amazing to witness all at the same time, as the White House conducts futile attempts at damage control while Ms. Miers seemingly digs herself into a deeper and deeper hole. However, sensing all is not lost, Charles Krauthammer suggests an exit strategy:

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

[...]

For a nominee who, unlike John Roberts, has practically no previous 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.

Which 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.

The solution: Miers withdraws, the Senate thanks her for understanding its request, and the White House regretfully accepts Miers' resignation, knowing it can't release such privileged information.

I hate it. The perfect political solution, replete with all the requisite smarminess. But it would probably work. And anyhow, we really can't expect to get much more than political charades from here on out when it was Bush who initiated the entire process by bowing at the altar of political correctness in the first place, right?