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Unraveling the Twists and Turns of the Path to a Nominee
The night of his nomination, Judge John G. Roberts Jr. and his family dined at the White House with the president and Laura Bush, right.
(By Eric Draper -- The White House)
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Then first lady Laura Bush weighed in, telling an interviewer that she wanted her husband to replace O'Connor with another woman. White House officials said they were surprised by the remark, but it helped intensify a fresh search for female candidates. Getting a hard look at this point was Clement, a judge on the U.S. Court of Appeals for the 5th Circuit, based in New Orleans. Recommending her, according to sources close to the process, was Donald Burnham Ensenat, a New Orleans native and Bush friend from Yale who holds the job of State Department protocol chief. Vitter also lobbied Karl Rove, the president's deputy chief of staff, and Harriet Miers, the White House counsel, on Clement's behalf.
The White House brought her in to interview with Vice President Cheney, Card, Rove and Miers. Cheney interviewed all of the finalists, more than a half-dozen. But the fact that Bush wanted more women on the list did not mean he was committed to appointing one. "It was one of those things where he felt that as long as he was looking at a list that was very diverse, he was satisfied in his mind with his approach to things," said the senior administration official.
Finally it came time for Bush to begin interviewing finalists. He did not need to talk with Gonzales or Thompson, so he focused on candidates he did not know. Aides suggested he conduct the interviews at Camp David to maintain secrecy, but Card concluded that he could sneak candidates into the White House without anyone noticing.
One of the first brought in on Thursday, July 14, was appeals judge J. Harvie Wilkinson III, who drove up from his home in Charlottesville. During the hour-long interview in the residence that evening, Bush was joined by only Miers and asked about college experiences, family life and exercise regimens, but did not delve into controversial issues. "I wasn't pushed for any views on any particular case or issue," Wilkinson said in an interview. "The process from beginning to end proceeded with total respect for the integrity and independence of the judiciary. I really appreciated that."
The next day's interview was with Roberts, but he had further to come because he was teaching a class in London. Roberts told virtually no one as he slipped back into town. "He kept it from most of his family," said his friend, Shannen Coffin, who likewise was in the dark. "I think his sisters were genuinely surprised when they learned the night of the selection that he was the guy."
To avoid notice, Roberts was brought into the White House by the East Entrance rather than through the West Wing and sat down with Bush about 5 p.m. that Friday afternoon. Joined again by Miers, the two talked for an hour about Roberts's background, and Bush gave him a tour.
"They really clicked well," a senior administration official said afterward. "The president relies on his intuition about people as well as his views on substantive issues. In this case, the stars aligned." Another top official put it this way: "He aced the interview."
The timing certainly aligned as well. Earlier that same day, the D.C. Circuit issued a ruling permitting the Bush administration to try suspected terrorists with special military tribunals. Signing onto the decision was Roberts.
Clement came in the next day, having flown up from New Orleans again. She had lunch with the president in the mansion and came away feeling good about the session. "She thought it went well," said one person close to Clement. She "felt confident and got good vibes from the meeting."
Two other candidates were interviewed in these days also, but officials would not reveal their identities. In the end, though, it kept coming back to Roberts. Among other things, in White House discussions with senators, Roberts was the one candidate no one objected to. "He was never black marked," one official said.
Roberts had flown back to London, but the White House called on Monday, July 18, three days after his interview, and told him to get back on a plane for Washington just in case.
At a black-tie dinner for the visiting prime minister of India in the White House State Dining Room that night, Card ran into Justice Clarence Thomas. "You're going to love who the president picks," Card assured him.
About 9 o'clock the next morning, representatives of conservative groups picked up their telephones to log into a strategy conference call. One participant announced with the air of certainty that the choice seemed to be Clement, implying he had heard from the White House, according to another person on the call, who would not identify the speaker. When others on the call grumbled because of her uncertain conservative pedigree, the speaker scolded the group, saying it was time to rally around the president's choice.
All over Washington and New Orleans, word spread furiously that Bush would name Clement. By midday, White House officials began privately cautioning reporters against the Clement reports. Yet some close friends of the White House were piqued and wondered whether the Clement speculation was circulated to throw everyone off the trail. "I think I got played . . . in a disinformation campaign on Edith Clement," one former administration official complained. Several conservative lawyers assumed that the Clement reports must have been a trial balloon to gauge reaction. "They got more pushback than they anticipated," one lawyer said.
The White House denied any role in the Clement surge. "I can with every bone in my body tell you that it was not a strategic head fake," said a top administration official. "That would work against you. Think about it -- if you're going to appoint a white male, why would you do that?"
At the White House, Bush finally revealed his choice to his top circle. About 20 aides and administration officials were informed Tuesday morning that he had chosen Roberts. At 12:35 p.m., the president ducked out of lunch with the visiting Australian prime minister to call Roberts. About an hour later, Miers called Clement on her mobile telephone to tell her the news. Clement was having lunch with a former law partner in New Orleans. She took the disappointment graciously. "She did not even reveal to her luncheon partner what the phone call was about," said a friend, Nan Roberts Eitel.
At 7 p.m., Roberts arrived at the White House along with his wife and two children. They sat down for dinner with the president and then at 9 p.m. strode into the East Room to announce the decision to the nation.
Staff writers Jo Becker, Dan Eggen, Jerry Markon and Jim VandeHei contributed to this report.


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