The confirmation of John Roberts may have hit its first snag as the White House announced it would not be turning over all of the documents relating to Roberts' time serving both the Reagan administration and the George H.W. Bush's administration. A White House spokesman stated that some of the documents would be withheld due to what he deemed 'national security' concerns and other on attorney-client privilege.
Roberts worked in the White House counsel's office from 1982-1986 under the Reagan administration. He was later appointed as deputy solicitor general by President Bush's father.
No formal request has been made for the documents at this time but some Democrats, including former presidential candidate John Kerry of Massachusetts, have indicated that the White House should release all of the documents written by Roberts in their entirety for review by the Senate.
That appears unlikely according to sources close to the White House. Fred Thompson, the former Senator President Bush asked to help guide Roberts' nomination through the Senate told NBC's 'Meet the Press' 'We hope we don't get into a situation where documents are asked for that folks know will not be forthcoming and we get all hung up on that.'
Attorney General Alberto Gonzales seemed a bit more flexible and open to compromise, but still indicated that not all documents would be made available.
Speaking on 'Fox News Sunday,' Gonzales said, 'Generally, that's not something that the administration or any White House would be inclined to share because it is so sensitive and ... does chill communications between line attorneys and their superiors within the Department of Justice.'
'That would be something that we'd have to look at very, very carefully,' he added. 'Rather than prejudge the issue, let's wait for the Judiciary Committee to make its requests, and then we can evaluate the requests and hopefully reach an appropriate accommodation.'
Senator Patrick Leahy, the top ranking Democrat on the Senate Judiciary Committee, felt that the administration was holding back potentially significant information.
'It's a total red herring to say, 'Oh, we can't show this,'' Leahy told ABC's 'This Week.'
'And of course there is no lawyer-client privilege,' Leahy continued. 'Those working in the solicitor general's office are not working for the president. They're working for you and me and all the American people.'
Leahy also cited precedent saying that in the past, documents were provided for the committee, including those of Justice William Rehnquist when Ronald Reagan nominated him for Chief Justice in 1986.
'I want to ask him full and fair questions,' Leahy said. 'It's a standard I would have for any nominee to the Supreme Court.'
The ball is now in the White House's court. It is doubtful that this issue will prevent Roberts from being confirmed by the Senate unless the administration holds back a very significant amount of information. However, it could do more to increase partisan tensions on Capitol Hill and make President Bush's agenda more difficult to get through Congress.
