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Who Will Be the Next AG? Maybe Not Ted Olson

Ted Olson Lady Booth Above the Law.JPGBack on Tuesday, it was widely rumored that an attorney general nomination announcement was imminent -- and that the nominee was going to be former Solicitor General Ted Olson (pictured at right, at his wedding last year).

But we had our doubts. We opined that Olson, confirmed as SG by a narrow 51-47 margin, might be a tough sell in a Democratic Senate.

That opinion looks increasingly solid. From today's Washington Post:

The Senate majority leader said yesterday that Democrats would block former solicitor general Theodore B. Olson from becoming attorney general, kicking off a spirited nomination debate even before the White House has named a candidate.

"Ted Olson will not be confirmed," Sen. Harry M. Reid (D-Nev.) said in a statement. "I intend to do everything I can to prevent him from being confirmed as the next attorney general."

So it seems that, with respect to Ted Olson, the Dems are throwing down the gauntlet. Why so hostile? Are they upset they didn't get invited to Olson's fabulous, star-studded wedding?

More after the jump.

It also seems that the process of picking an AG nominee will take longer than expected:

White House officials said yesterday that President Bush has not yet chosen a nominee to replace [Alberto] Gonzales. A candidate will not be named until next week at the earliest, officials said.

Two other nominees mentioned in the Post piece are Judge William W. Wilkins, of the Fourth Circuit, and Sen. Orrin Hatch (R-Utah). Judge Wilkins we could see. But Senator Hatch, despite being the most confirmable -- as noted by the Times, "his Senate membership would be likely to make it far easier for him to win confirmation" -- is probably too independent-minded to appeal to the White House.

We previously cited George J. Terwilliger III as a likely pick. At this point in time, he appears to remain in the running. And now that the New York Times editorial board has weighed in against him, condemning him as "far too partisan," perhaps George Terwilliger will grow more popular among conservatives as an alternative to Theodore Olson -- sort of like an "Olson Lite."

But we don't think the NYT's disapproval of Terwilliger would stop his nomination. The Times cites no evidence in dismissing him as "too partisan." Sure, he did some work on Bush v. Gore -- but not as major or as high-profile as Ted Olson's work on that landmark litigation. He knows how to reach across the aisle (as demonstrated by his recent appearance at the ACS convention). And as far as we know, no Democratic senators have weighed in against him, as Senator Reid did with respect to Olson.

Reid Says Senators Would Block Olson [Washington Post]
Bush Is Warned on a Gonzales Successor [New York Times]
Top Democrat Vows to Block Possible Bush Nominee [Reuters]
The Next Attorney General [New York Times]

Earlier: Who Will Be the Next AG? We're Betting On Terwilliger
Lady and Ted's Excellent Adventure: Wedding Photos That Rock

Comments
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1 Posted by First Bitch-Suck it | Permalink Thursday, September 13, 2007 2:43 PM

WOW Ted is hitting that? not bad for a lame old guy

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2 Posted by first | Permalink Thursday, September 13, 2007 2:43 PM

first

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3 Posted by anon | Permalink Thursday, September 13, 2007 2:49 PM

Whatever happened to the idea of Paul Clement taking over? Does he just not want the headaches? Otherwise, he'd be the perfect candidate-- beyond reproach, and superbly qualified.

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4 Posted by guest | Permalink Thursday, September 13, 2007 2:55 PM

what part of orrin hatch is independent? the WH just doesn't like him. its not because he doesn't do pretty much everything they want him to - rather its because he tries to hard to get this appointment as he has others. also, i'm pretty sure there was a piece somewhere saying leahy opposed terwilliger. i agree though, if its not olson, he's got a decent shot.

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5 Posted by what gives a DAMN? | Permalink Thursday, September 13, 2007 2:55 PM

who gives A SH** about the AG's position??? Lat, you're REALLY slipping...

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6 Posted by guest | Permalink Thursday, September 13, 2007 2:58 PM

How about a young, former AUSA, and a minority at that? Lat to AG!

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7 Posted by guest | Permalink Thursday, September 13, 2007 3:03 PM

Why would Hatch even want the job? Which would you rather be, a US Senator, or a lame-duck AG for 16 months?

Same goes for Clement. He's got a sweet gig now. I've always considered the SG a superior position to the AG (even if the AG is technically the SG's boss). He can stay put and continue his superstar litigating, or become a lame-duck AG mired in politics and administration.

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8 Posted by guest | Permalink Thursday, September 13, 2007 3:13 PM

get a clue, 3:03. hatch wants the job. whether it makes any sense for him to want it or not, he wants it. and whether clement wants it or not is irrelevant. he's not under consideration. never was, never will be.

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9 Posted by Boko | Permalink Thursday, September 13, 2007 3:14 PM

If Olson DID get the job, would "Napa casual" become the dress code at DOJ?

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10 Posted by Boo yah | Permalink Thursday, September 13, 2007 3:26 PM

In re-reading the coverage of the Ted Olson nuptials, I see that this was his 4th marriage. Yikes! What's up with that? Anyone have any idea?

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11 Posted by anon | Permalink Thursday, September 13, 2007 3:41 PM

3:26, I don't know about Olson's first or second marriage, but his third wife was killed on 9/11.

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12 Posted by guest | Permalink Thursday, September 13, 2007 3:42 PM

Another boring post lifted from the WSJ Law Blog. *Yawn*...

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13 Posted by guest | Permalink Thursday, September 13, 2007 3:43 PM

2:55: The NYT described Leahy as "cool" to Terwilliger. But Leahy hasn't spoken out publicly against him (as Reid has w/Olson).

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14 Posted by guest | Permalink Thursday, September 13, 2007 3:48 PM

Lat's analysis goes deeper than the WSJ and he expresses opinions (which they don't, since their blog is a news blog).

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15 Posted by guest | Permalink Thursday, September 13, 2007 4:13 PM

How much older is Olson than his trophy, er, wife? I hope she gets her money's worth!

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16 Posted by guest | Permalink Thursday, September 13, 2007 4:20 PM

Take a look at some of the other pics of Olson's wife-- she's not that young. Fuzzy resolution and the angle shave a good twenty years off that pic.

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17 Posted by guest | Permalink Thursday, September 13, 2007 4:43 PM

This planned obstruction is ridiculous. The President gets to make his choice for AG and the Senate gets to screen out incompetents. Ted Olson is not an incompetent, in fact he is eminently qualified.

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18 Posted by guest | Permalink Thursday, September 13, 2007 4:51 PM

4:43,

Sorry, I must have slept through the day in Con Law where it was pointed out that the Senate's advise & consent power is limited to screening out "incompetents"-- can you cite that section for me?

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19 Posted by guest | Permalink Thursday, September 13, 2007 5:23 PM

Lat, are you stupid or just making a bad joke? If there's anyone in this world who is too independent-minded to not appeal to the WH as a choice for AG it is definitely not Orrin Hatch. The man would be downright giddy to take the position and would probably kill his mother if asked to by the President. If there's anyone on this planet more willing to be Bush's lapdog than 'beto was, it's gotta be Hatch. Too bad all the speculation about him is coming from his own staffers and not the WH...

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21 Posted by guest | Permalink Thursday, September 13, 2007 7:01 PM

Well, anyone other than a pure robot is too independent-minded for this White House.

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22 Posted by guest | Permalink Friday, September 14, 2007 2:39 AM

Dear 7:01,

You are correct, sir, that only a man with a mind as independently-natured as a robot could possibly please this White House. However, I assure you, that while not actually a robot, Orrin Hatch has somehow managed to become less independent-minded than than an average TI calculator. He's quite a specimen. Don't be surprised when someday your children read about him in their high school biology text books.

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23 Posted by Liberal 4 Olson | Permalink Friday, September 14, 2007 10:01 AM

Whatever else he may be, Olson is eminently qualified for the AG position. He was a lawyer advocating for a client in Bush v. Gore. It's the supposedly non-partisan Court we should be outraged with by that decision, not the lawyer who was just doing the best job he could to achieve his client's goals.

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24 Posted by Anony | Permalink Friday, September 14, 2007 12:02 PM

Harry Reid is an idiot. Ted Olson is significantly qualified for the job of Attorney General. And those of you intent on taking cheapshot at Olson regarding his recent marriage might want to bear in mind that his former wife and love of his life was killed on September 11th.

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25 Posted by GWB | Permalink Friday, September 14, 2007 12:50 PM

I know a Member at Locke Liddell & Sapp who would be perfect. She already has name recognition, and the Prez loves her. What do you think?

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26 Posted by guest | Permalink Friday, September 14, 2007 1:21 PM

I'd tap that (and I ain't referring to Lady Booth, tee hee.)

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27 Posted by guest | Permalink Sunday, September 16, 2007 6:05 PM

CNN: "Source: President Bush has picked ex-judge Michael Mukasey to be AG"

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28 Posted by Donnie Brasco | Permalink Sunday, September 16, 2007 6:06 PM

I dunno about this fukasey Mukasey

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