White House Will Release Some Papers of Nominee

The White House intends to deny the Senate Judiciary Committee documents from Supreme Court nominee John G. Roberts Jr.’s work in the solicitor general’s office but expects to release some papers from his time in the White House counsel’s office, a senior Bush administration official said Monday.

The White House will claim executive privilege for materials from Roberts’ tenure as principal deputy solicitor general -- the government’s second-ranking courtroom lawyer -- for former President George H.W. Bush from 1989 to 1993.

“They will not be released,” the official said, speaking on condition of anonymity because the decision had not been made public.

But the administration is working on the release of other documents from the 1980s, when Roberts worked as a lawyer in the White House counsel’s office under President Reagan.

The move risks a clash with Senate Democrats reminiscent of the struggle over the lower-court nomination of lawyer Miguel Estrada, who was filibustered by Democrats after the White House refused to release his documents from the solicitor general’s office. Estrada’s nomination later was withdrawn.

No Democrats have said publicly that they will fight Roberts’ nomination. But Sen. John F. Kerry (D-Mass.) on Friday called for the White House to release all of Roberts’ working papers from his time working for two Republican presidents.

Democrats on the Judiciary Committee have not indicated which documents they will seek but have hinted that they may want memos, briefs and other documents to shed more light on Roberts’ stands on such key issues as abortion, the environment and federal jurisdiction because of the brevity of his tenure as a federal judge.

The Senate’s Republican majority is expected to support the White House’s decision.

“I don’t think it is appropriate for a lawyer to release documents they’ve produced for their clients,” said Sen. Sam Brownback (R-Kan.). “Having been a lawyer, that is going to skew the lawyer-client privilege from now on.”

As principal deputy solicitor general under the first President Bush, Roberts held a key position in the office that argues cases before the Supreme Court.