Funny Business

The Wall Street Journal reports that two conservative judges, Justice Nathan Hecht of the Texas Supreme Court and Judge Ed Kinkeade, a Dallas-based federal trial judge, participated in am October 3 conference call regarding Miers’ nomination during which they reassured participants that Miers would overturn Roe. Someone on the call took extensive notes, which have been turned over to the WSJ’s John Fund.

The call was moderated by the Rev. Donald Wildmon of the American Family Association. Participating were 13 members of the executive committee of the Arlington Group, an umbrella alliance of 60 religious conservative groups, including Gary Bauer of American Values, Richard Land of the Southern Baptist Convention, Tony Perkins of the Family Research Council, Paul Weyrich of the Free Congress Foundation and the Rev. Bill Owens, a black minister…

According to the notes of the call, Mr. Dobson introduced [the two sitting judges] by saying, "Karl Rove suggested that we talk with these gentlemen because they can confirm specific reasons why Harriet Miers might be a better candidate than some of us think."

What followed, according to the notes, was a free-wheeling discussion about many topics, including same-sex marriage. Justice Hecht said he had never discussed that issue with Ms. Miers. Then an unidentified voice asked the two men, "Based on your personal knowledge of her, if she had the opportunity, do you believe she would vote to overturn Roe v. Wade?"

"Absolutely," said Judge Kinkeade.

"I agree with that," said Justice Hecht. "I concur."

Aside from raising some serious questions about the ethics of Justices Hecht and Kinkeade, this also casts a different light on what the administration knew about Miers’ position on abortion. As you’ll recall, the president said he had never discussed Roe with Miers, and yet the conference call with Justices Hecht and Kinkeade was arranged at the suggestion of—surprise!—Karl Rove.

Kinkeade is declining to discuss his role in the conference call; Hecht has a vicious case of Reaganitis and “can't recollect who invited him or many specifics about it.” He also says he answered “I don’t know” regarding how Miers would vote on Roe, although Fund asserts that several participants have confirmed to him that both jurists stated she would overturn it.

This is a text book example of how this White House operates. The president says he never discussed something with someone, even though anyone with a semi-functioning brain can easily discern he wouldn’t have taken the action in question without first having ascertained the information he denies having. Then, while the president continues to assert his ignorance, questions about some dodgy business surface, and the name of the president’s closest advisor, Karl Rove, pops up in association. But the president didn’t know. Doesn’t know. Knows nothing. Nothing to do with it. The people involved in the dodgy business get a collective case of amnesia. It’s ridiculous. And anyone who thinks that Bush is still just an unwitting accomplice is sorely mistaken. This pattern is so patently obvious by now that if he didn’t overtly condone Rove’s shenanigans, he would have fired him, before the entire administration is crushed under the weight of a two-ton turd blossom.