If At First You Don't Succeed

Jason notes just below the request by John Kerry of documents relating to John Roberts' tenure in the executive branch.  This line of attack by the Democrats was anticipated by Todd Zywicki over at Volokh.  As Zywicki reminds us, this is that same game the Democrats played with Miguel Estrada (that and the racist argument that Estrada was a race traitor).  The Democrats demanded that Estrada turn over all memos he wrote while in the Solicitor General's office under the Clinton administration.  When he refused, the Democrats voted against him on the grounds that he was not "forthcoming."   Zywicki notes, though, that seven former Solicitor Generals of both parties, and I believe that was every Solicitor General still alive, wrote the Democrats on the Judiciary Committee arguing that it was totally improper for the Committee to request these documents as they clearly represented privileged communication.  But Kerry is dipping into that well again.  Elections matter.  The man leading this shameless attack on John Roberts was almost the President of the United States.  And Tom Daschle paid the price for these kind of tactics.  Will they never learn?