Harriet Miers

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Harriet Miers
Harriet Miers
In office
2004 – 2007
Under President George W. Bush
Preceded by Alberto Gonzales
Succeeded by Fred F. Fielding
Born August 10, 1945 (age 61)
Dallas, Texas
Political party Republican
Profession Lawyer

Harriet Ellan Miers (born August 10, 1945) is an American lawyer, and former White House Counsel. On January 4, 2007, she submitted her resignation from the position of White House Counsel, effective January 31 .[1]

President George W. Bush nominated her on October 3, 2005 for Associate Justice of the U.S. Supreme Court to replace Justice Sandra Day O'Connor. The nomination was met with opposition from conservative groups and others unhappy with her credentials, and on October 27, President Bush withdrew her nomination, saying Miers had asked him to do so.

Contents

[edit] Early life and education

Miers was born in Dallas, Texas, and spent most of her life there until 2001, when she moved to Washington, D.C. to work in the Bush administration. She describes herself as a "Texan through and through." [2] The fourth of five children, she is the daughter of real estate investor Harris Wood Miers, Sr., and his wife, the former Erma (Sally) Grace Richardson.[3]

Miers entered Southern Methodist University intending to become a teacher. The economic plight of her family was so dire that she almost dropped out in her freshman year, but she was able to find part-time work that put her through college. Then her father had a debilitating stroke. When a lawyer helped organize her family's financial situation, Miers was inspired to enter law school [4]. Miers graduated from Southern Methodist University with a bachelor's degree in mathematics (1967) and from its Law School with a Juris Doctor degree (1970)[5]. She was admitted to the bar in Texas 1970, and has not been admitted to the Washington DC bar.

In 1979, after she made partner in her law firm, she became an evangelical Christian after having had a series of long discussions with Nathan Hecht, her close friend and colleague at the firm. [6]

In the late 1990s, while Miers was on the advisory board for Southern Methodist University's law school, she helped create and fund a Women's Studies lecture series named after pioneering Texas lawyer, Louise B. Raggio, who was a mentor to Miers (see [1])[7].

[edit] Career

In the summer of 1969, between her second and third years of law school, Miers worked as a clerk for Belli, Ashe, Ellison, Choulos & Lieff, the San Francisco law firm founded by "King of Torts", the eccentric attorney, Melvin Belli. Miers was immersed in tort law. Her supervisor was Robert Lieff, then a partner in the Belli firm and later a founder of the nationally prominent plaintiffs' law firm Lieff Cabraser Heimann & Bernstein, LLP. In a 2005 interview with the San Francisco Chronicle, Lieff stated that Miers "saw what we did for people who needed to get a lawyer and were only able to get a lawyer by a contingent fee." [8].

After graduating from law school, from 1970 to 1972, Miers was a law clerk for the Chief Judge of the U.S. District Court for the Northern District of Texas, Joe E. Estes.

From 1972 until 2001, Miers worked for the Dallas law firm of Locke, Liddell & Sapp (and predecessor firms prior to mergers). She was the first female lawyer hired by the firm, and later became its president. When the merger that created Locke, Liddell & Sapp took place in 1999, she became the co-managing partner of a legal business with more than 400 lawyers. In 2000 the firm settled a lawsuit which accused the firm of having "aided a client in defrauding investors"[9] for $22 million; according to the Class Action Reporter, Miers "said the firm denies liability in connection with its representation of Erxleben. 'Obviously, we evaluated that this was the right time to settle and to resolve this matter and that it was in the best interest of the firm to do so,' Miers said."[10]

As a commercial litigator, she represented clients including Microsoft and the Walt Disney Company.

In 1986, Miers became the first female president of the Dallas Bar Association. In 1992, Miers became the first woman to head the State Bar of Texas. She has also served as chair of the Board of Editors for the American Bar Association Journal and as the chair of the ABA's "Commission on Multi-Jurisdictional Practice".

While head of the State Bar of Texas, Miers joined an unsuccessful effort to have the American Bar Association maintain its then-official position of neutrality on abortion. The ABA had adopted neutrality on abortion in 1990 in Chicago at its annual meeting. By the summer of 1992, at its annual meeting in San Francisco, the issue was again pending before the ABA assembly. Miers, who had not been involved in the Chicago meeting, supported ABA abortion neutrality in San Francisco on two grounds, stating that the State Bar of Texas was statutorily prohibited from taking positions on political issues, and that, as a unitary bar state, Texas had made bar membership a licensure requirement, thus forcing all Texas attorneys to financially support whatever position the ABA were to hold.

In 1989, Miers was elected to a two-year term as an at-large member of the Dallas City Council. She did not run for reelection in 1991 after a restructure of the city council converted Miers's at-large seat, elected by voters citywide, into a single-district seat.

Miers met George W. Bush in January 1989 at an Austin dinner, an annual affair held for legislators and other important people. Nathan Hecht, a mutual friend and Miers's date, made the introduction. Miers subsequently worked as general counsel for Bush's transition team in 1994, when he was first elected Governor of Texas. She subsequently became Bush's personal lawyer, and worked as a lawyer in his 2000 presidential campaign.

Since September 1994, Miers has contributed to the campaigns of various Republicans (at about the same time she began to work for George W. Bush), including Kay Bailey Hutchinson, Phil Gramm, and Pete Sessions, with recorded contributions to Republican candidates and causes totaling nearly $12,000. Her earlier political history shows support for the Democrats during the 1980s, with recorded contributions to Democratic candidates and causes, including the Democratic National Committee, the Senate campaign of Lloyd Bentsen and the 1988 presidential campaign of Al Gore, totaling $3,000. Her last recorded contribution to a Democratic cause or campaign was in 1988. Ed Gillespie said that she was a "conservative Democrat" at the time.

[edit] Personal life

Miers's mother and two of her brothers still live in Dallas; a third brother lives in Houston, Texas. She also had a sister, Kitty, who is deceased. Miers never married and has no children. Texas Supreme Court Justice Nathan Hecht has been described as Miers's "companion" and "on-again, off-again boyfriend"; he has known her for over 25 years. After her nomination to the Supreme Court, Hecht was cited as an unofficial spokesperson representing her views.

She is a close friend of Secretary of State Condoleezza Rice, and former Secretary of Agriculture Ann Veneman.

[edit] Government service

Prior to assuming the position of White House Counsel, Miers had served as White House staff secretary, and Deputy Chief of Staff for Policy. Before joining the Bush administration, Miers was a lawyer in private practice for 27 years, handling business cases, and acting as then-Governor Bush's personal lawyer. She served as the first female president of both the Dallas Bar Association and later the State Bar of Texas, and also served one term on the Dallas City Council.

In 1995, George W. Bush, then Texas governor, appointed Miers to chair the Texas Lottery Commission. Some have credited Miers with reforming the commission after a previous corruption scandal [11].

Her tenure has also been criticized, however. In 1997, the commission under Miers hired Lawrence Littwin as executive director, but then fired him five months later. At the time, the contract to operate the lottery was held by the politically connected GTech Corporation (see [2]), which had obtained the contract with the help of a former Lieutenant Governor of Texas (Democrat Ben Barnes) [12]. Littwin, as director, began an investigation into whether GTech had made illegal campaign contributions and whether GTech owed the commission millions of dollars for breaches of its contract. He stated that Miers ordered him to stop the investigation. He brought a lawsuit alleging that he was fired in retaliation for the investigation and to ensure that GTech would keep its contract (see [3]). According to Texans for Public Justice, GTech paid Littwin $300,000 to settle the suit (see [4]).

Miers resigned from the lottery commission in early 2000, a year before her term ended. She said her resignation had nothing to do with lagging sales in the system's biggest game, Lotto Texas, but rather that she wanted to allow her successor time to prepare for rebidding the lottery's primary operator contract.

There was some speculation during Bush's 2000 campaign that Bush would appoint Miers to the position of Attorney General. This was seen as possible with her trusted role as Bush's personal attorney, her many appointments during his tenure as govenor. This also recalled William French Smith who was Ronald Reagan's personal attorney before being named Attorney General. Miers was not chosen and John Ashcroft became Attorney General instead.

In January 2001, Miers did follow Bush to Washington, D.C., serving as Assistant to the President and Staff Secretary during the first two years of his presidency. In that role, she opposed the administration's 2001 decision to stop cooperating with the ABA rating of judicial nominees. In 2003, she was appointed Deputy Chief of Staff for Policy. In November 2004, Bush named her to succeed Alberto Gonzales, his nominee for Attorney General, to the post of White House Counsel, the chief legal adviser for the Office of the President.

Miers is said to be one of Bush's closest personal friends, and appears given to effusive praise for the President. According to former Bush speechwriter David Frum, Miers has called Bush the most brilliant man she had ever met [13] and says he was the "best Governor ever" (see [5]). She also stated that "serving President Bush and Mrs. Bush is an impossible-to-describe privilege" and noted that Bush's personal qualities "make a brighter future for our nation and people all around the world possible." (see [6]).

Miers' last public speech before her nomination was given to the North Dallas Chamber of Commerce on June 2, 2005.

[edit] Supreme Court nomination and withdrawal

Main article: Harriet Miers Supreme Court nomination
President George W. Bush nominates Harriet Miers on October 3, 2005.
President George W. Bush nominates Harriet Miers on October 3, 2005.

On July 1, 2005, Supreme Court Justice Sandra Day O'Connor announced her intention to retire upon the confirmation of a successor. Bush appointed Miers as head of the search committee for candidates to replace O'Connor. On July 19, 2005, Bush announced John G. Roberts, Jr. as O'Connor's replacement. After William H. Rehnquist died of thyroid cancer on September 3, Bush withdrew this nomination and renominated Roberts for Chief Justice of the United States. The Senate confirmed the nomination on September 29.

Meanwhile, then-Senate Minority Leader Harry Reid (Democrat-Nevada), recommended Miers as O'Connor's successor [14][15][16] Bush took the recommendation seriously, factoring into account suggestions by several senators that the nominee should come from outside the appellate court system [17]. This caused several commentators to draw parallels with the 2000 election, when Dick Cheney, the head of Bush's vice-presidential search committee, was ultimately selected as the running mate [18].

On October 3, 2005, Bush nominated Miers to serve as an Associate Justice of the Supreme Court. Miers' nomination was criticized from people all over the political spectrum, based on her never having served as a judge, her close personal ties to Bush, and her lack of a clear record on issues likely to be encountered as a Supreme Court Justice. Many notable conservatives vigorously criticized her nomination, and numerous conservative groups normally considered part of Bush's political base planned to mount an organized opposition campaign. Many commentators focused their criticism of the move on the charge of cronyism.

Early one-on-one meetings between Miers and the members of the Senate Judiciary Committee were said to have gone poorly, and the White House considered suspending them to focus on preparation for the confirmation hearings. In an unprecedented move, Senate Judiciary Committee Chairman Arlen Specter and ranking Senator Patrick Leahy also requested that Miers re-do some of her answers to the questionnaire submitted to her by the Committee, noting that her responses were "inadequate", "insufficient", and "insulting" because she failed or refused to adequately answer various questions with acceptable accuracy or with sufficient detail. Her answers also included an error on constitutional law where she mentioned a constitutional right for proportional representation which the Supreme Court had previously ruled did not exist. In addition to the demand for new questionnaire responses, the Committee repeated its request to review internal White House documents that would illustrate her experience as White House Counsel and the constitutional issues she worked on.

Senator Charles Schumer (D-NY) stated shortly afterwards that "I think, if you were to hold the vote today, she would not get a majority, either in the Judiciary Committee or on the floor." However, Specter, the committee chairman rejected the notion that Miers' nomination was shaky. He said that most senators were waiting for the hearings before making up their mind. "There are no votes one way or another", he said on CBS' Face the Nation. On October 19, 2005, Specter and Leahy announced their intent to begin confirmation hearings for Miers on November 7, 2005.

On October 27, 2005, the White House announced that Harriet Miers had asked President Bush to withdraw her nomination, citing fears that the nomination would create a "burden for the White House and its staff and it is not in the best interest of the country." President Bush stated that the Senate's interest in internal White House documents "would undermine a president's ability to receive candid counsel," and he had "reluctantly accepted" her request. Miers was the first Supreme Court nominee to withdraw since Douglas H. Ginsburg in 1987, and the seventh to do so in U.S. history.

Although many in Washington and in the media expressed surprise at Miers' decision to withdraw, the move was widely anticipated. Some commentators suggested the White House's staunch refusal to release documents relating to Miers' White House service provided a pretext for withdrawal.

Bush nominated Samuel Alito for the seat on October 31, 2005 and he was confirmed on January 31, 2006. Miers remained as White House Counsel for another year, until announcing her resignation on January 4, 2007 [19].

See also: Bush Supreme Court candidates

[edit] Dismissal of U.S. attorneys controversy

See also: Dismissal of U.S. attorneys controversy

Kyle Sampson, chief of staff to Attorney General Alberto R. Gonzales, wrote in January 2006 to White House counsel Harriet Miers that he recommended that the Department of Justice and the Office of the Counsel to the President work together to seek the replacement of a limited number of U.S. Attorneys, and that by limiting the number of attorneys "targeted for removal and replacement" it would "mitigat[e] the shock to the system that would result from an across-the-board firing."[20] In March 2007 the White House had originally suggested that the plan came from Miers who had already left the White House in January 2007, before the dismissal received public attention.[20] The firings have led to Congressional investigations regarding Dismissal of U.S. attorneys controversy.

[edit] Awards and honors

Award Organization Year
"Sandra Day O'Connor Award for Professional Excellence" Texas Center for Legal Ethics and Professionalism 2005
"100 Most Influential Lawyers in America" National Law Journal 2000
"50 Most Influential Women Lawyers in America" National Law Journal 1998
"100 Most Influential Lawyers in America" National Law Journal 1997
"Woman of the Year" Today's Dallas Woman 1997
"Women of Excellence" Women's Enterprise Magazine 1997
"Louise B. Raggio Award" Dallas Women Lawyers' Association
"Jurisprudence Award" Anti-Defamation League 1996
"Merrill Hartman Award" Legal Services of North Texas
"Sarah T. Hughes Award" Women in the Law Section, State Bar of Texas 1993
"Human Relations Award" American Jewish Committee 1992
"Justinian Award for Community Service" Dallas Bar Association 1992

[edit] Timeline

[edit] See also

[edit] Footnotes

  1. ^ Bush's top lawyer Miers resigns. BBC (2007-01-04). Retrieved on January 4, 2007.
  2. ^ Bush offers crucial supreme court seat to his former lawyer. The Guardian (United Kingdom) (October 4, 2005). Retrieved on January 4, 2007.
  3. ^ http://www.wargs.com/other/miers.html
  4. ^ Todd S. Purdum and Neil A. Lewis (October 4, 2005). Miers Known as a Hard-Working Advocate for the President. New York Times. Retrieved on Error: invalid time.
  5. ^ Who is Harriet Miers. ABC News (2005-10-27). Retrieved on January 25, 2007.
  6. ^ Ed Wyatt and Simone Romero of the New York Times. A BORN-AGAIN NOMINEE. San Francisco Chronicle.
  7. ^ "Raggio, now 83, has known Miers for nearly 40 years, since Miers was a student at Southern Methodist University. Miers was one class behind Raggio's son at SMU, and Raggio became a mentor for Miers; years later she served as a close advisor to Miers during the Texas Bar race. 'I was interested in having a woman president,' Raggio says. 'She was an electable woman, a woman with a big firm behind her. Women's groups supported her because they wanted to show that a woman would be a competent president.'Will Miers help topple Roe v. Wade?. Salon.com (October 19, 2005). Retrieved on January 4, 2007.
  8. ^ Bob Egelko (October 5, 2005). Miers interned with Melvin Belli but returned to Dallas. San Francisco Chronicle. Retrieved on Error: invalid time.
  9. ^ Class Action Reporter. InterNet Bankruptcy Library (May 1, 2000). Retrieved on January 5, 2007.
  10. ^ Class Action Reporter. InterNet Bankruptcy Library (May 1, 2000). Retrieved on January 5, 2007.
  11. ^ Julian Borger (October 4, 2005). Bush offers crucial supreme court seat to his former lawyer. Retrieved on January 4, 2007.
  12. ^ George Lardner Jr. (September 21, 1999). Texas Speaker Reportedly Helped Bush Get Into Guard. The Washington Post. Retrieved on January 4, 2007.
  13. ^ David Frum. Sep. 29, 2005: Justice Miers?.
  14. ^ "I had recommended that the President consider nominating Ms. Miers because I was impressed with her record of achievement as the managing partner of a major Texas law firm and the first woman president of the Texas Bar Association. In those roles she was a strong supporter of law firm diversity policies and a leader in promoting legal services for the poor. "Harry Reid (Thursday, October 27, 2005). Reid on Miers Withdrawal (Press Release of Senator Reid). Retrieved on January 4, 2007.
  15. ^ "I like Harriet Miers. As White House Counsel, she has worked with me in a courteous and professional manner. I am also impressed with the fact that she was a trailblazer for women as managing partner of a major Dallas law firm and as the first woman president of the Texas Bar Association. In my view, the Supreme Court would benefit from the addition of a justice who has real experience as a practicing lawyer. The current justices have all been chosen from the lower federal courts. A nominee with relevant non-judicial experience would bring a different and useful perspective to the Court. "Harry Reid (Monday, October 3, 2005). STATEMENT OF SENATOR HARRY REID ON THE NOMINATION OF HARRIET MIERS TO THE U.S. SUPREME COURT (Press Release of Senator Reid). Retrieved on January 4, 2007.
  16. ^ "I continue to believe that Harriet Miers received a raw deal. She is an accomplished lawyer, a trailblazer for women and a strong advocate of legal services for the poor. Not only was she denied the up-down vote that my Republican colleagues say every nominee deserves, but she was never even afforded the chance to make her case to the Judiciary Committee."Harry Reid (Tuesday, January 31, 2006). REID STATEMENT ON THE CONFIRMATION OF SAMUEL ALITO (Press Release of Senator Reid). Retrieved on January 4, 2007.
  17. ^ Bush picks White House counsel for Supreme Court. CNN (October 4, 2005). Retrieved on January 4, 2007.
  18. ^ Bush picks White House counsel for Supreme Court. CNN (October 4, 2005). Retrieved on January 4, 2007.
  19. ^ Bush's top lawyer Miers resigns. BBC (2007-01-04). Retrieved on January 4, 2007.
  20. ^ a b Eggen, Dan. "Firings Had Genesis in White House Ex-Counsel Miers First Suggested Dismissing Prosecutors 2 Years Ago, Documents Show", Washington Post, March 13, 2007, p. Page A01. Retrieved on March 13, 2007.

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Preceded by
Alberto Gonzales		 White House Counsel
2004-2007		 Succeeded by
Fred F. Fielding
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