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President Bush Introduces White House Counsel Harriet Miers as His Nominee to be Next Supreme Court Justice

Aired October 03, 2005 - 08:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

SOLEDAD O'BRIEN, CNN ANCHOR: Breaking news this morning from Washington, D.C.
President Bush just moments away from introducing White House Counsel Harriet Miers as his nominee to be the next Supreme Court justice. We're going to bring that to you live.

Harriet Miers could be a controversial choice. She's served a the president's personal lawyer. Never served, though, as a judge. Complete analysis of her selection and the chances of a smooth confirmation just ahead.

And the president's choice coming on a historic morning for the Supreme Court -- the first day on the job for the new chief justice. We'll take a look at the beginning of John Roberts' era on this AMERICAN MORNING.

ANNOUNCER: This is CNN breaking news.

O'BRIEN: Good morning.

Welcome back, everybody.

Lots to talk about this hour as we wait to hear from the president. Within just a minute or so, he's going to introduce his nominee to be the next Supreme Court justice. Mr. Bush has selected White House Counsel Harriet Miers, an attorney with long ties to the president, who's represented him as his personal attorney back when he was the governor of Texas.

You can see it right there on a live shot.

And as soon as the president come there, we're going to bring that to you live with his remarks.

First, though, some analysis.

CNN's Dana Bash is at the White House, Joe Johns at the Supreme Court and also Jeff Toobin joining us this morning, as we.

But we're going to begin with Dana at the White House -- Dana, good morning.

DANA BASH, CNN CORRESPONDENT: Good morning.

And, Soledad, we understand from a senior official that the president actually offered Harriet Miers this job last night here at the White House. The Bush officials had been certainly indicating very strongly ,even as of last night, that we should be on high alert for this today.

And what we see -- what we will see in the Oval Office is something that is really classic George W. Bush, appointing somebody whom he knows, whom he trusts for a position that is obviously extraordinarily important. Also, when it comes to this position, Soledad, a woman, this is something that we know that the president wanted, perhaps, to put in place for Sandra Day O'Connor, a woman for a woman. And we also know that his wife has publicly said this is something that she wanted.

O'BRIEN: Let's get to Joe Johns at the Supreme Court -- Joe, we are expecting to see the president come out that door right there in just about 30 seconds or so.

A pretty big day at the Supreme Court overall anyway.

JOE JOHNS, CNN CORRESPONDENT: That's for sure, a very big day. This is the first day for Chief Justice John Roberts to hear a case. Also a bit of pomp and circumstance here, as well. We will see the investiture of the chief justice. That will happen inside the court, outside the view of the television cameras.

I can tell you also...

O'BRIEN: You know, Joe, let me interrupt you there, because the president is taking the podium and Harriet Miers is next to him.

Let's listen in.

GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES: The Supreme Court is the guardian of our constitutional freedoms and the protector of our founding promise of equal justice under the law.

Over the past five years, I've spoken clearly to the American people about the qualities I look for in a Supreme Court justice. A justice must be a person of accomplishment and sound legal judgment. A justice must be a person of fairness and unparalleled integrity. And a justice must strictly apply the constitution and laws of the United States and not legislate from the bench.

This summer, I nominated an individual to the high court who embodies all these characteristics. And this morning our nation can be proud when John Roberts opens a new Supreme Court session as the seventeenth chief justice of the United States.

It is now my duty to select a nominee to fill the seat that will be left vacant by the retirement of Justice Sandra Day O'Connor. Once again, I considered a wide variety of distinguished Americans from different walks of life. Once again we consulted with Democrats and Republicans in the United States Senate. We received good advice from more than 80 senators. And, once again, one person stood out as exceptionally well suited to sit on the highest court of our nation.

This morning I'm proud to announce that I am nominating Harriet Ellen Miers to serve as associate justice of the Supreme Court.

For the past five years, Harriet Miers has served in critical roles in our nation's government, including one of the most important legal positions in the country, White House counsel. She has devoted her life to the rule of law and the cause of justice. She will be an outstanding addition to the Supreme Court of the United States.

Harriet was born and raised in Dallas, Texas. She attended public schools. When illness struck her family during her freshman year in college, Harriet went to work to help pay for her own education. She went on to receive a bachelor's degree in mathematics and a law degree from Southern Methodist University.

Over the course of a distinguished legal career, Harriet has earned the respect and admiration of her fellow attorneys. She has a record of achievement in the law, as well as experience as an elected member of the Dallas city council. She's served at high levels of both state and federal government.

Before state and federal courts, she had tried cases and argued appeals that covered a broad range of matters. She's been a leader in the American Bar Association and has been recognized by the "National Law Journal" as one of the most powerful attorneys in America.

Harriet's greatest inspiration was her mother, who taught her the difference between right and wrong and instilled in Harriet the conviction that she could do anything she set her mind to. Inspired by that confidence, Harriet became a pioneer in the field of law, breaking down barriers to women that remain even after a generation -- remained a generation after President Reagan appointed Justice O'Connor to the Supreme Court.

Harriet was the first woman to be hired at one of Dallas' top law firms; the first woman to become president of that firm; the first woman to lead a large law firm in the State of Texas. Harriet also became the first woman president of the Dallas Bar Association and the first woman elected president of the State Bar of Texas.

In recognition of her achievements paving the way for women lawyers, Harriet's colleagues in Texas have honored her with numerous awards, most recently the Sandra Day O'Connor Award for Professional Excellence.

Harriet has built a reputation for fairness and integrity. When I came to office as the governor of Texas, the lottery commission needed a leader of unquestioned integrity. I chose Harriet because I knew she would earn the confidence of the people of Texas. The "Dallas Morning News" said that Harriet insisted on a system that was fair and honest. She delivered results.

Harriet has also earned a reputation for her deep compassion and abiding sense of duty. In Texas, she made it her mission to support better legal representation for the poor and under served. As president of the Dallas bar, she called on her fellow lawyers to volunteer and staff free neighborhood clinics. She led by example. She put in long hours of pro bono work. Harriet Miers has given generously of her time and talent by serving as a leader with more than a dozen community groups and charities, including the Young Women's Christian Association; Child Care of Dallas; Goodwill Industries; Exodus Ministries; Meals On Wheels and the Legal Aid Society.

Harriet's life has been characterized by service to others and she will bring that same passion for service to the Supreme Court of the United States.

I've given a lot of thought to the kind of people who should serve on the federal judiciary. I've come to agree with the late Chief Justice William Rehnquist, who wrote about the importance of having judges who are drawn from a wide diversity of professional backgrounds.

Justice Rehnquist himself came to the Supreme Court without prior experience on the bench, as did more than 35 other men, including Byron White. And I'm proud to nominate an outstanding woman who brings a similar record of achievement in private practice and public service.

Under the constitution, Harriet's nomination now goes before the United States Senate for confirmation. The American people expect Harriet's hearings to be handled with the same respect and civility that characterized the last three Supreme Court confirmations, those of Chief Justice Roberts, Justice Breyer and Justice Ginsburg.

In its consideration of Chief Justice Roberts' nomination, the Senate made it clear that a well qualified nominee committed to strictly interpret the law can be confirmed properly and by a large bipartisan majority. As the new chief justice said at his swearing in last week, the Senate vote affirmed the bedrock principle that judging is different from politics.

I believe that senators of both parties will find that Harriet Miers' talent, experience and judicial philosophy make her a superb choice to safeguard the constitutional liberties and equality of all Americans. Harriet Miers will strictly interpret our constitution and laws. She will not legislate from the bench.

I ask the Senate to review her qualifications thoroughly and fairly and to vote on her nomination promptly.

This morning, I again thank Justice O'Connor for her 24 years of service on the Supreme Court, including some additional time that she had not planned on.

In selecting a nominee, I sought to find an American of grace, judgment and unwavering devotion to the constitution and laws of our country. Harriet Miers is just such a person.

I've known Harriet for more than a decade. I know her heart. I know her character. I know that Harriet's mother is proud of her today. And I know her father would be proud of her, too. I'm confident that Harriet Miers will add to the wisdom and character of our judiciary when she is confirmed as the 110th justice of the Supreme Court.

Harriet, thank you for agreeing to serve.

Congratulations.

HARRIET MIERS, SUPREME COURT NOMINEE: Thank you.

Thank you, Mr. President, thank you very much.

I am very grateful for the confidence in me that you have shown by this nomination and certainly I am humbled by it.

From my early days as a clerk in the federal district court and throughout almost three decades of legal practice, bar service and community service, I have always had a great respect and admiration for the gnus that inspired our constitution and our system of Galveston.

My respect and admiration have only grown over these past five years that you have allowed me to serve the American people as a representative of the executive branch.

The wisdom of those who drafted our constitution and conceived our nation as functioning with three strong and independent branches have proven truly remarkable. It is the responsibility of every generation to be true to the founders' vision of the proper role of the courts in our society.

If confirmed, I recognize that I will have a tremendous responsibility to keep our judicial system strong and to help ensure that the courts meet their obligations to strictly apply the laws and the constitution.

As White House counsel, I have enjoyed the opportunity to work with the members of the Congress. And that experience has given me an even greater appreciation for the role of the legislative branch in our constitutional system.

And now I look forward to the next step in the process that has begun this morning, including the Senate's consideration of my nomination. I look forward to participating in that process.

And now I want to pause and thank all of those whose love and friendship and support have brought me to this moment. No one reaches a point in time such as this without tremendous sacrifice, help and encouragement of family and friends and colleagues.

I'm immensely grateful to the support and love that I feel from my brothers, Harris, Robert and Jeb, and their families, and the love and support that I knew from my father and my sister Teddie (ph) and the love and support I feel from her family.

I have a special note this morning for my mom. Thank you for your faith, your strength, your courage, your love and beauty of spirit. And thank you, Mr. President, for this tremendous honor by your nomination.

O'BRIEN: Saying that she looks forward to participating in the process, you saw there Harriet Miers, the president's choice to really fill the shoes of outgoing Supreme Court Justice Sandra Day O'Connor. She said she felt that there was a responsibility to be true to the founders in their vision in the role of the courts and also said keeping the judicial system strong and strictly applying the laws of the constitution would be her focus.

For his part, we heard President Bush say that Harriet Miers was a superb choice. She's 60 years old. She was standing to the right of President Bush while he made his remarks. He said he considered a wide variety of distinguished men and women from all walks of life, but finally decided on Harriet Miers as his choice to be the next nominee for the Supreme Court.

Let's get right to Jeff Toobin with more reaction on this.

Kind of a lengthy announcement, but as you pointed out earlier, Jeff, the part where he talked about her past role judicially kind of short.

JEFFREY TOOBIN, CNN SENIOR LEGAL ANALYST: Well, short to non- existent, Soledad.

She does not have any record as a judge. But that is true of many people who have been appointed to the Supreme Court, although none since 1972. William Rehnquist was the last person who be nominated to the court without any judicial experience.

But, you know, it struck me as a little bit of a defensive announcement from the president, you know, trying to build up her qualifications, because, frankly, she does not have the qualifications that we normally associate with Supreme Court justices. She's never, apparently, argued a case before the Supreme Court. John Roberts had argued 39 cases. You know, she'd never been a judge. John Roberts was a judge on the second most important court in the country.

You know, she had been a top corporate lawyer in Texas. She was president -- head of the Dallas Bar, head of the Texas Bar. Those are impressive positions. Those are not usually considered qualifications to sit on the Supreme Court.

But, you know, there are 55 Republicans in the Senate and that's usually what matters. And they are loyal to the president. And I would suggest that that's going to be the more important fact in her confirmation process.

O'BRIEN: We will see.

Jeff Toobin, thanks.

Let's get right back to Dana Bash at the White House -- Dana, we heard the president say in his remarks he consulted with 80 senators on this.

BASH: That's right, 80 senators. And we're told by a senior official that a part of the reason, they say, that Mr. Bush felt comfortable at this point nominating Harriet Miers is because she was recommended to him not just by Republicans, but also by Democrats. And a senior official said that the president took seriously an admonition by the chairman of the Judiciary Committee in the Senate and the top Democrat that he should think outside the appeals court, think outside the monastery, as Senator Pat Leahy of Vermont has put it.

And that is exactly, as you were just talking about with Jeff Toobin, what the president did.

I'll just give you a little bit of color, also, Soledad, that we've gotten.

The president actually offered Harriet Miers this position last night here at the White House over dinner at the residence. One interesting question is how exactly did she get picked, since she was the person leading the search for this job, as the president's chief counsel.

Well, it turns out, we're told, that it was over the summer that the president seriously started considering her for the Supreme Court and he ordered a private search around Harriet Miers, without knowing her -- about her background, to make sure that she was OK. And that was actually going on since over the summer -- Soledad.

O'BRIEN: All right, Dana Bash.

And as Jeff Toobin mentioned, we'll see how this goes over with those senators and others as that information is now made public.

Dana, thank you very much.

Let's turn now to Port Arthur, Texas.

Miles has got the day off.

But Rob Marciano is helping us out.

He's in Port Arthur. It's a town that was devastated by hurricane Rita and the residents there are just starting to return home. He's trying to take a look at some of the damage there -- Rob, good morning.

ROB MARCIANO, CNN METEOROLOGIST: Good morning, Soledad.

The sun is now coming up and that's a welcome sight because the folks here in Port Arthur spent just another night in the dark. And for many of them, it could be several days to maybe even a couple of weeks before they get the lights turned back on here.

Just up the street here, we're on a corner that's been very active, very busy this morning. It seems like it's a daily parade of utility crews and trucks and now even some postal trucks starting to come in and maybe start to set up shop. There hasn't been postal delivery here in Port Arthur, but they certainly hope at least that will get resumed shortly.

We're going to do three states in three days and go from Texas to Louisiana to Mississippi and talk to folks who have dealt with Rita and Katrina.

Tropical storm Stan, though, in the southern Gulf of Mexico. And it's got folks here a little bit nervous -- Chad.

But from what you're telling me, it looks like it may not be heading this way. That would be good news.

CHAD MYERS, CNN METEOROLOGIST: That would be good news, Rob.

I just don't think so. There's no way. There's such a big high pressure to the north and high pressures spin this way, clockwise. And if the winds are blowing the storm to the west, that's the way it's still going to go, a very disorganized system, because it went over the Yucatan and it broke up. It was better earlier.

When it gets back into the water, it will get stronger. We know how that happens with Katrina.

And then back into Mexico itself. And as it dries itself into the mountains, there may be some moderate flooding through here and hurricane watches are posted for parts of Mexico there on the East Coast, south of Brownsville, well south of Brownsville.

One thing I have been watching this morning, which could be the next tropical depression -- here's Miami, here's Nassau. Watch the last couple of pictures. See the spin right there? I'll go through it one more time. A little bit of a spin in the atmosphere here, under a high pressure. Sometimes that can give it enough oomph that you can actually get a low pressure to form at the surface. That's how the hurricanes form, tropical depressions, tropical storms, whatever.

(WEATHER REPORT)

O'BRIEN: Still to come this morning, much more on that deadly tour boat accident in Upstate New York. We're going to talk to a family that pulled at least six people out of the water.

Plus, the latest on that monumental cleanup job now in New Orleans. Find out just how long it could be to get rid of all that debris.

Those stories ahead on AMERICAN MORNING.

Stay with us.

(COMMERCIAL BREAK)

O'BRIEN: Five weeks after hurricane Katrina, New Orleans will be officially declared dry in just the next couple of days. But the EPA estimates it's going to take more than a year to clean up the debris that's been left in the storm's wake, and that includes 22 million tons of trash, the remains of as many as 160,000 homes and businesses that are beyond repair, 350,000 wrecked cars and an estimated one million damaged appliances.

Chuck Brown is an assistant secretary at the Louisiana Department of Environmental Quality.

He's overseeing the debris removal operations and he's in Baton Rouge this morning.

It's nice to see you.

Thank you for talking with us.

Twenty-two million tons. That is a lot of debris.

Where exactly are you going to put it?

CHUCK BROWN, LOUISIANA DEPARTMENT OF ENVIRONMENTAL QUALITY: Well, again, that's what we're charged with, us, along with the Corps of Engineers, FEMA and the EPA. We are charged with disposing of it in an environmentally sound manner.

Right now we've got several methods to handle woody waste, which is trees and drowned limbs, of which there's a tremendous amount, especially in the New Orleans area. We're going to look at clean burning it for -- to use a layman's term. And that just means we are going to use certain apparatuses to keep the particulate matter and the smoke down.

Then we will open burn in strategic areas and ultimately we will look at traditional disposal.

O'BRIEN: All right, that's for the woody stuff, as you call it.

What about the appliances? What about things that actually could have some kind of environmental hazards kind of built into them?

What do you do with those?

BROWN: Well, again, you know, I'm glad you brought that up because our goal is to not solve one environmental problem, and, of course, create another. The white goods which you are referring to are stoves, refrigerators, washers and driers, we've estimated that there is about a million pieces. Right now, everyone knows that we're charged with recycling every one of them. And that means that we will evacuate the Freon and oil from the refrigerators. And if they can be reused, we will be finding sources throughout the country to actually take them and recycle them.

So, again, we don't plan on burying not one appliance. Not one.

O'BRIEN: Well, how is it going to work logistically? I mean in the streets of New Orleans right now, the debris is just piled up on the streets.

Are waste management trucks going to start rolling through? Do people have to bring their stuff to a landfill in their own vehicles or the vehicles, I guess, that they're renting, if they've lost their vehicles?

How does it work?

BROWN: Well, at this point, again, we've -- we're identifying staging areas. As a matter of fact, I'm going back down to New Orleans today to look at some other areas where we will actually bring all the debris to, to separate it out. And that includes household hazardous waste, which is, you know, the every day material that you have under your kitchen sink.

But we've got areas identified. When the citizens do start to return, we will ask them, through public service announcements, to bring their household hazardous waste to the curbsides. We're going to -- even electronic waste, computers. We want to separate everything out. We want to try to reuse everything.

But at this point we have major contractors ready to hit the ground running as soon as we give them the word to say let's go right now.

As a matter of fact, I started -- I think we're going to start to see some of the reduction, which is the grinding and burning of the wood waste, even today, in some areas that we've already selected.

O'BRIEN: So you're going to give them the let's go right now, as of today? Is that what you're saying?

BROWN: Well, as of right now it looks like we've got some suitable areas. And I think they are going to hit the ground running today. So trucks will be throughout the, you know, the central business district, throughout the outlying areas. They are ready to go. And one thing you have to also look at, too, they're faced with trying to gear up and get enough workers in town. I mean that is a major concern right now. They may have the equipment, they may have the technology, but, again, we are also looking for workers.

So if you need to try to find some employment, Orleans Parish might be a good place to start.

O'BRIEN: It's going to be a huge project.

How long do you predict this is going to take?

BROWN: Well, you know, quite frankly, I went down to Orleans last week and actually took a ground tour of all of the surrounding areas. And as I was riding through, I was sending notes to my staff basically telling them we've got to find end uses for everything. I mean concrete, bricks, the ashore that's a result of the burning of the wood.

And in my estimate, for a total cleanup it would be 18 to 24 months.

O'BRIEN: You've got a huge job ahead of you.

Chuck Brown is with the Louisiana Department of Environmental Quality.

Thanks for talking with us.

BROWN: Thank you.

O'BRIEN: Ahead this morning, much more on the president's pick to replace Justice Sandra Day O'Connor.

Reaction to the nomination of Harriet Miers just ahead on AMERICAN MORNING.

(COMMERCIAL BREAK)

O'BRIEN: Welcome back, everybody.

Just about half past the hour on this AMERICAN MORNING.

Miles has the day off.

Coming up, we've got much more on the president's decision to nominate White House counsel, Harriet Miers, to replace retiring justice, Sandra Day O'Connor.

First, though, let's say hello again to Rob Marciano.

He's in Port Arthur, Texas this morning -- hey, Bob, good morning.

MARCIANO: Hi, Soledad.

You know, not a lot of residents back here, but plenty of work crews trying to put this town back together. And now, as the sun comes up, the streets are becoming active with those work crews, utility workers trying to get here.

And, you know, it's scenes like this -- an 18-wheeler filled with what? Telephone poles. These are just 35. And these are coming out of South Carolina, 44,000 pounds right here of telephone poles. As you can imagine, hundreds, probably thousands of these needed for southeast Texas alone, to try to get the power up and running here.

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