Rumored AG Pick Likely to Get Opposition

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Ted Olson is “leading the pack” as the administration’s likely next attorney general, Roll Call reports (pdf).

Olson would be a tough sell. After all, most Democrats, including Sen. Patrick Leahy (D-VT) opposed Olson when he came up for confirmation for solicitor general in 2001 (he passed 51-47). The memory of Olson’s role as a lawyer for Bush in the 2000 recount imbroglio was fresh. And Olson’s history as a member of The American Spectator‘s board of directors during the so-called “Arkansas Project” in the 90’s, when the magazine, backed by millions from millionaire Richard Mellon Scaife, set to ending Clinton’s presidency by scandal, also became a major issue. As Leahy put it, his concern was that Olson’s “sharp partisanship over the last several years might not be something that he could leave behind.” Given Democrats’ expressed desire for a less partisan nominee to succeed Gonzales, it’s hard to see how Leahy wouldn’t have similar concerns today.

Roll Call reports on how Olson might play this time around:

At press time GOP and Democratic aides said it was unclear how receptive Democratic lawmakers will be to an Olson nomination. The Conference appears to be split between longtime Washington insiders who view Olson as a reliable member of their ranks and relative newcomers who see him as the principal architect of Bush’s successful legal campaign in the messy aftermath of the 2000 presidential race. While those familiar with Olson likely would confirm him, the Conference’s other faction seems to be in no mood to back him.

The senior Democratic aide said that while positions will become clearer once a formal nomination has been made, at this point it is impossible to tell whether Olson could make it through the Senate. A veteran GOP aide agreed, saying, “I can’t get a good read” from Democrats.

Note: Olson has spent the last several years as a partner at his old firm, Gibson, Dunn, and Crutcher, where he continues to represent Rep. Jerry Lewis (R-CA), who’s under federal investigation for appropriations funny business.

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