Bush won't release Miers papers

WASHINGTON — President Bush categorically refused Monday to consider giving senators any documents related to the work of his Supreme Court nominee, Harriet E. Miers, as White House counsel.

"It's a red line I'm not willing to cross," Bush said. His flat refusal raised the stakes for Miers' Senate confirmation hearings, set to begin two weeks from now, as the president seemed to acknowledge.

"People can learn about Harriet Miers through hearings, but we are not going to destroy this business about people being able to walk into the Oval Office and say: 'Mr. President, here's my advice to you. Here's what I think is important.'

"And that's not only important for this president, it's important for future presidents," Bush said after meeting with his Cabinet at the White House.

Some Republicans as well as Democrats on the Senate Judiciary Committee have asked the White House for documents relating to Miers, including her work as Bush's counsel. The senators have said they need more information about her, especially since she has never been a judge and therefore has left no "paper trail" of opinions to pore over for clues to her judicial philosophy.

The nomination has become increasingly troubled, with some conservatives expressing doubts about her qualifications and her commitment to their principles, and some liberals wondering aloud whether she would be a truly independent justice.

Bush showed no sign Monday of slackening in his support for Miers, calling her "an extraordinary woman" who was "a legal pioneer in Texas" and was consistently numbered among the top 50 women lawyers in the country.

The president declined to answer directly when asked if the White House was working on a "contingency plan" for withdrawing the nomination.

"Harriet Miers is a fine person, and I expect her to have a good, fair hearing on Capitol Hill," the president said, alluding to the Judiciary Committee sessions set for Nov. 7.

Last week the Washington Times reported that "The White House has begun making contingency plans for the withdrawal of Harriet Miers as President Bush's choice to fill a seat on the Supreme Court . . ."

The White House denied the report.

Mr. Bush's chief spokesman, Scott McClellan, was asked later whether there was any room for compromise on the documents issue. At first, he replied somewhat indirectly, saying that the White House was working closely with the Judiciary Committee "to make sure that the Senate has the information they need to do their job."