Posted by Orin Kerr:
The White House and Conservative Concern About the Mukasey Nomination:
http://volokh.com/archives/archive_2007_09_16-2007_09_22.shtml#1190130168
You probably don't read the VC for amateurish and uninformed
speculation, but in case you do I have just that about the nomination
of Michael Mukasey. Specifically, I wonder if the White House has
intentionally tried to create the impression of some conservative
opposition to the Michael Mukasey nomination to help speed him through
and help change the conversation about the Bush Administration.
Here's the idea. Say you're in charge of political strategy at the
White House, and you realize that Mukasey is a truly outstanding
nominee who is also highly confirmable. You know he'll make it
through, and the only question is how easily and at what cost. For
tactical reasons, you "leak" to the press that you are very worried
about conservative opposition to the Mukasey pick. You then make sure
the press can find someone on the right -- anyone -- who would be
willing to say something negative about Mukasey.
At that point you can sit back and watch the show. Based on this
inside "scoop" about potential conservative unrest, the MSM would
dutifully go off and [1]write their articles about how there is
conservative opposition to Mukasey (citing White House worries and the
one guy they could find to actually express concern, in this case some
guy named "Brian Burch" from a group I have never heard of named
"Fidelis"). The stories don't need any content; they really just need
a good headline, like "[2]How Bush's AG Pick Irritates the Right."
Predictably, a few conservatives would see the articles and [3]echo
the concerns in the blogosphere. After all, if the press is saying
that the Right is worried and you very much identify as being on the
Right, then presumably you should be concerned as well. Equally
predictably, some liberal critics eager to paint conservatives as nuts
would [4]write columns imagining (and criticizing) broad conservative
opposition. Voila -- with just a simple "leak," you have ensured that
media discussion of the nominee will frequently mention conservative
concerns.
Why go through the trouble? Two reasons. First, in Washington the
friend of your enemy is your enemy. You can't have a 100% consensus
nominee because as soon as partisans on one side embrace a nominee the
other side will grow suspicious. In a world with a Democratic Senate
and a lame duck Republican President, it's much better to have a
fellow Republicans suspicious of a nominee than the Democrats.
Second, this story changes the conversation. More press attention on
largely imaginary opposition within the GOP means less press attention
on the Democrats' agenda. It takes the story away from Democratic
demands on the Bush Administration for documents and puts it on the
internal dynamics of conservative interests groups in Washington. All
things being equal, that's a conversation that the White House would
much rather have.
Anyway, this is just my amateurish speculation. I really have no
idea if this was a deliberate move. But the skeptic in me wouldn't
rule it out, and it would be a pretty good pump fake if it's actually
what's happening.
References
1. http://www.time.com/time/politics/article/0,8599,1662451,00.html
2. http://www.time.com/time/politics/article/0,8599,1662451,00.html
3.
http://corner.nationalreview.com/post/?q=YWNkOGMxMDIxOGVhMGFiZjA0ZDcwOTRhMzVhMWQ3ZWM=
4. http://www.slate.com/id/2174079/
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