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First Read is an analysis of the day's political news, from the NBC News political unit. First Read is updated throughout the day, so check back often.

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Controversial judicial nominations

Posted: Thursday, August 31, 2006 6:51 PM by firstread
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From Ken Strickland and Elizabeth Wilner
Amid the brouhaha over Defense Secretary Donald Rumsfeld's comments about the Administration's Iraq war critics yesterday, the White House announced five judicial nominations, including a couple of controversial retreads who've had trouble getting through the process in the past. One of them, Terrence Boyle, has languished in the system for years, most recently because of possible conflict-of-interest issues.

But another, William Haynes III, may become the standout of this particular class. Senators of both parties have balked at Haynes' nomination because of concern over his role, as then-Pentagon counsel, in writing the controversial memos outlining US torture policy toward detainees. The issues of torture and of US military commissions are expected to play prominently in September as Republicans bring a raft of security-related bills to the floor in an effort to gain some leverage against Democrats heading into the midterm elections.

The judicial nominations also represent a White House effort to gain some leverage for the election. When Congress returns to Washington after Labor Day, they will only be in session for a few weeks before departing again until after election day, and they're looking at a full plate already. It seems unlikely that the Senate will get around to considering these nominations before leaving town again. But some social conservatives at the party base, who feel strongly that Bush put conservatives on the bench, will be enthused by the move. And from a more pragmatic standpoint, with Republicans currently expected to lose Senate seats on election day, they may have less muscle to push through judicial nominees after November.

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