Leavitt refuses to assail critics

WASHINGTON — As opponents in the Senate continue to block his nomination to head the Environmental Protection Agency, Utah Gov. Mike Leavitt simply smiles and refuses to utter the first word of criticism about it.

Not that reporters didn't try hard Thursday to give him the chance while he appeared to address a national conference on education. They cornered him and asked him repeatedly about it — whether he might reach a point of deciding to withdraw, or if the president might use a "recess appointment" to put him in office without confirmation.

Each time, Leavitt would smile politely and refuse to speculate.

"I am optimistic that if confirmed I will be able to make a good contribution," Leavitt said — or offered close variations of that to the questions.

"I've responded to the president's request, and he's put my nomination forward. It is now the Senate's duty to consider it," he said. "The Senate will operate in whatever time frame it chooses."

Leavitt said he continues to plan dual tracks for his life — one if confirmed to the EPA, and one if he continues as governor.

"I've had an agenda that's important to me in the state. I am moving that forward in every way that I can," Leavitt said. He added that he and Lt. Gov. Olene Walker "are working very closely on everything so that if I am confirmed, we will have a way to accomplish it."

He made clear that he still seeks to become the EPA administrator and has not given up hope for confirmation. He met on Thursday and Friday with several senators to try to allay any misgivings they may have about him.

"I have now, for the most part, concluded the things that were necessary for confirmation, and it will now just be up to the Senate to accomplish that," he said. He did not comment on when the point may come that he tires of waiting for confirmation and withdraws.

He may have found some help.

Senate Majority Leader Bill Frist may try to break the Democratic effort to block President Bush's nomination of Leavitt.

"I think we will consider filing cloture soon and feel its important that the president's Cabinet be complete," said Amy Call, a spokeswoman for the Tennessee Republican.

A cloture vote is one to end debate and move to an immediate vote. Under current Senate rules, it takes 60 votes to end a filibuster blocking

final action on legislation or a nomination.