Chairman Backs White House on Keeping Roberts's Memos
By SHERYL GAY STOLBERG
Published: August 11, 2005
WASHINGTON, Aug. 10 - The chairman of the Senate Judiciary Committee said Wednesday that he backed President Bush's decision not to release certain legal memorandums written by Judge John G. Roberts Jr., a move that could escalate a fight between Democrats and the White House over Judge Roberts's nomination to the Supreme Court.
The chairman, Senator Arlen Specter, Republican of Pennsylvania, wrote to the committee's ranking Democrat, Senator Patrick J. Leahy of Vermont, that he had reviewed the law and concluded that the White House was justified in saying the records are privileged. They date from Judge Roberts's days as deputy solicitor general in the first Bush administration....
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As Judge Roberts continued making rounds in the Senate on Wednesday, the White House disputed the account of Senator Ron Wyden, Democrat of Oregon, who met with him on Tuesday. After the meeting, Mr. Wyden said he had asked Judge Roberts a question intended to elicit his views on Congress's intervention in the case of Terri Schiavo, the brain-damaged Florida woman who died earlier this year after her feeding tube was removed under court order.
Mr. Wyden, whose aides took notes during the meeting, said at the time that Judge Roberts refused to discuss the Schiavo case specifically. The senator recounted Judge Roberts's reply to a more general question: "I am concerned with judicial independence. Congress can prescribe standards, but when Congress starts to act like a court and prescribe particular remedies in particular cases, Congress has overstepped its bounds."
Judge Roberts has not discussed the contents of meetings he has been having with individual senators since President Bush announced his selection in mid-July. But on Wednesday, Ed Gillespie, the chief White House lobbyist for Judge Roberts's Senate confirmation, sent a letter to The New York Times, saying that notes taken by a White House aide during the session reflected a different response: "I am aware of court precedents which say Congress can overstep when it prescribes particular outcomes in particular cases."...
http://www.nytimes.com/2005/08/11/politics/11confirm.html?adxnnl=1&adxnnlx=1123733506-aDBcnxs30yjOlTZP9b6Rgg