Rehnquist Riled by Book on Bork’s Nomination

An angry Chief Justice William H. Rehnquist said today that a new book on Robert H. Bork’s ill-fated Supreme Court nomination incorrectly states that Rehnquist broke a promise to keep Justice Lewis F. Powell’s impending retirement a secret.

In the book, “Battle for Justice,” author Ethan Bronner says Powell told Rehnquist on June 25, 1987, that he would announce his retirement the following day and asked for “a solemn promise” to keep it a secret overnight.

“The chief justice expressed his sincere regret, agreed to keep it to himself and called (White House Chief of Staff Howard H.) Baker with the news,” the book said. It said Baker immediately told President Reagan.

“That statement is in error,” Rehnquist said today. “I notified Howard Baker of the retirement shortly before we went on the bench on the morning of Friday, June 26, 1987.”

Privately, Rehnquist has told people at the court he is offended by an account that portrays him as a man who cannot be trusted to keep his word. The chief justice decided to go public with his anger shortly after the passage in the book was called to his attention.

Powell’s announcement of his retirement on the last day of the court’s 1986-87 term stunned those in the courtroom that June 26 morning and touched off an epic battle to fill the court vacancy.

Bork’s nomination was defeated by the Senate after a bitter fight in which the nominee was attacked as an extreme conservative outside the mainstream of U.S. politics.

Federal Judge Douglas H. Ginsburg, Reagan’s second choice, withdrew as a nominee after admitting he smoked marijuana while a Harvard law professor. Reagan then nominated Anthony M. Kennedy, who was confirmed.

Rehnquist’s version of when the White House was told of Powell’s retirement was supported by Baker in an Associated Press interview.

“I talked to him (Rehnquist) . . . minutes before (Powell) made a public announcement,” said Baker, now a Washington lawyer.

Baker said his office did receive a telephone call from Rehnquist’s office the evening of June 25 alerting the White House something was up. The message from a Rehnquist aide was that the chief justice intended to call Baker the following morning.

Baker said he was ready for a call from Rehnquist on June 26 but had no idea of what the chief justice wanted to tell him.

Baker, a former Republican senator from Tennessee, said he promptly told Reagan the news at their regular morning meeting. That took place shortly before Powell announced his retirement publicly, Baker said.

Bronner told AP that he interviewed Baker for the book and that Baker said he knew of Powell’s decision to retire a day before the public announcement. Bronner said he tape-recorded that interview.

Baker said if he told Bronner he had advance knowledge, “I misspoke myself. I did not know.”