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The Situation: Tuesday, October 18

Editor's Note: The Situation Report is a running log of dispatches, quotes, links and behind-the-scenes notes filed by the correspondents and producers of CNN's Washington Bureau. Watch "The Situation Room" with Wolf Blitzer on CNN 3 p.m. ET to 6 p.m. ET weekdays.

Miers' voting history

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Posted: 7:00 p.m. ET
From Justine Redman, CNN America Bureau

While Supreme Court nominee Harriet Miers doesn't appear to have much of a paper trail, at least one part of her public record is unusually replete: her voting history.

Since 1988 Miers has voted in no fewer than 50 elections, whether they be presidential, local, or Republican primaries.

She has cast a ballot on at least one occasion every single year over the past 17 years except for 2001, and most years she voted in at least four elections, according to records at the Dallas County Elections Department.

Miers has been registered to vote in Dallas since 1976, but records are not kept for years prior to 1988.

A former Dallas City Council member, Miers has been active on local issues, going to the polls numerous times on questions of local and state constitutional amendments, charters, and even city public transport. And although she has never missed casting a ballot in a general election, she has never spent Election Day as a polling station worker.

Secret Rice breakfast with Kofi in NY on Syria

Posted 2:30 p.m. ET
From Elise Labott, CNN State Department

Secretary of State Condoleeza Rice held a surprise breakfast meeting with Secretary General with Kofi Annan Tuesday to discuss discuss Syria in advance of a UN report on the assasination of the former Lebanese Prime Minister Rafiq Hariri. U.N. investigators, led by German prosecutor Detlef Mehlis, are looking into what role, if any, Syria may have played in the bombing assassination of Hariri Feb. 14 and a crucial report expected Friday on the findings could implicate Syrian officials. Syria denies any involvement in the killing last February.

Rice talks with Annan also focused on the nuclear standoff with Iran and last week's referendum in Iraq on the constitutuion, McCormack said. Rice also briefed Annan on her recent trip to Central Asia and Europe, where she discussed Syria and Iran with her counterparts in Moscow, London and Paris.

Although the visit to New York was scheduled early last week, the meeting at Annan's residence was not made public until afterwards. Rice flew back to Washington on Tuesday morning to attend President Bush's meeting with Jose Manuel Durao Barroso, President of the European Commission at the White House. "We don't always list every meeting that she has. We work out in conjunction with the parties with whom we're meeting what gets listed on the public schedule and what doesn't get listed on the public schedule," McCormack said.

The Morning Grind

Posted: 9:30 a.m. ET
From Mark Preston, CNN Political Unit

Distracted GOP.

Members of Congress return in droves to Capitol Hill today after a weeklong recess, and face the daunting task of reconciling differences over a new spending plan against a political backdrop that is anything but bipartisan.

But Democrats and Republicans also have their own internal issues they need to resolve, with the GOP shouldering a heavier burden of outside distractions than their political counterparts.

The White House and Congressional GOP leaders continue to struggle for support from within their own ranks on the controversial nomination of Harriet Miers to the U.S. Supreme Court, while at the same time bracing for the possible indictments of White House Deputy Chief of Staff Karl Rove and Chief of Staff to the Vice President I. Lewis (Scooter) Libby for their alleged roles in the outing of CIA agent Valerie Plame.

The Washington Post reports today that Patrick J. Fitzgerald, the special prosecutor investigating the leak, "has zeroed in on the role of Vice President Cheney's office" saying that Fitzgerald "has assembled evidence that suggests Cheney's long-standing tensions with the CIA contributed to the unmasking of operative Valerie Plame." The Post cites lawyers and government officials as its' sources. The paper adds that Fitzgerald "might announce his findings as early as tomorrow," with the caveat that "hard evidence about his intentions and timing remained elusive."

Meanwhile, former House Majority Leader Tom DeLay (R-Texas) is just days away from appearing in an Austin courtroom to face charges of violating Texas election laws. DeLay, who is famous for his political acumen and take-no-prisoners approach, is not heading to Austin without a fight. The Texas Republican's lawyer filed motions Monday requesting a speedy trial and asking that DeLay be tried separately from his two political associates, who have also been charged with breaking state election laws. John Colyandro and Jim Ellis want to pursue appeals of issues in the case, but DeLay is seeking a quick resolution of the proceedings so that he can resume his position as majority leader - a post he was forced to relinquish when the indictments were handed down. A long, drawn out trial into the new year is likely to prompt his GOP colleagues to seek a new majority leader in an effort to distance themselves from the powerful Texan before the midterm elections.

DeLay's attorney, Dick DeGuerin, also filed motions to quash both of the criminal charges against him on a number of legal grounds. DeGuerin contends that the charges should have been brought in DeLay's home county, Fort Bend, rather than in Travis County, where the state capital, Austin, is located. In a letter to Travis County District Attorney Ronnie Earle, DeGuerin charges that Earle "contrived" to bring the indictment in Travis because the District Attorney in Fort Bend "would reject the case."

In asking for the indictment to be dropped, DeGuerin also argued that until Texas' money-laundering statue was changed in 2005, it applied only to actual currency, not checks, which according to the indictment, were the vehicles employed to transfer corporate money to the state campaigns. Texas law prohibits the use of corporate donations in state races, which DeLay and his associates allegedly circumvented by funneling the donations through national Republican campaign committees. DeGuerin also revealed Monday that Earle offered DeLay the opportunity to plead guilty to a misdemeanor crime, which DeLay rejected. Earle declined comment Monday on the matter.

As for Miers, the White House is employing an inside-outside strategy in an effort to get her confirmed to the highest court in the nation. The outside strategy is to appeal to voters about her qualifications including wavering Republicans, while the inside strategy focuses on the support of all 55 Republican Senators needed for her confirmation.

Miers is facing heat from both Republicans and Democrats about whether she would vote to overturn the 1973 Roe V. Wade decision legalizing abortion.

"The White House is making a big push," said a Senate Republican leadership aide, who spoke on the condition of anonymity. "We have yet to see if it will be effective."

Despite reservations from some GOP Senators - namely a handful eyeing a 2008 presidential campaign - the aide suggested support among Senate Republicans remain solid for Miers.

"Senators are starting to realize no matter how they feel about the pick personally or politically, it doesn't do us any good to be fighting about it publicly," the aide said.

With the exception of a few comments by some Democratic Senators, most Democrats are waiting on the sidelines. "Why stand in the way of these guys tearing themselves apart," said a senior Democratic Senate aide, who requested anonymity.

While Republicans continue to grapple with the distractions, Democrats are still searching for a way to capitalize politically on the GOP's disarray but so far have not yet settled on a cohesive strategy. This week, though, Democrats will be preaching the need for a more comprehensive energy policy, hoping to gain traction from the skyrocketing gasoline prices and the anticipated increase in home fuel costs this winter. A draft energy bill is currently circulating within the Democratic Caucus, sources said. "On energy, we'll fight to make sure the Senate takes real steps to help millions of families fill their tanks and hear their homes," Senate Minority Leader Harry Reid (D-Nev.) said in a speech delivered Monday from the Senate floor.

The immediate at task at hand for Congress is how will it address pressing budget concerns. House Republicans will vote on Thursday to cut spending by $50 billion, to offset the recent emergency spending in the wake of the Gulf Coast hurricanes. Democrats are expected to vigorously oppose the cuts.

Political Hot Topics

Posted: 9:00 a.m. ET
From Stephen Bach, CNN Washington Bureau

39 PERCENT: President Bush's job approval rating continues to plummet, with 39 percent of Americans surveyed in the latest CNN/USA Today/Gallup poll supporting his performance, compared to 58 percent expressing disapproval. The approval rating was the lowest the poll has recorded during Bush's presidency, down from 45 percent in a survey taken September 26-28, and the disapproval rating was up from 50 percent. CNN.com: Bush's job rating continues to dropexternal link

VEEP'S OFFICE MAY BE TARGET: As the investigation into the leak of a CIA agent's name hurtles to an apparent conclusion, special prosecutor Patrick J. Fitzgerald has zeroed in on the role of Vice President Cheney's office, according to lawyers familiar with the case and government officials. The prosecutor has assembled evidence that suggests Cheney's long-standing tensions with the CIA contributed to the unmasking of operative Valerie Plame. Washington Post: Cheney's Office Is A Focus in Leak Caseexternal link

MS. MIERS MISUNDERSTOOD: Senate Judiciary Committee Chairman Arlen Specter emerged from a lengthy meeting Monday with Supreme Court nominee Harriet E. Miers saying she told him she believed that the Constitution includes a right to privacy an account of the meeting that was later disputed. "She said she believes there is a right to privacy in the Constitution," the Pennsylvania Republican told reporters after a meeting with Miers that lasted 1 hour and 40 minutes. Later Monday evening, White House officials said that Specter had misunderstood Miers and that a statement would be issued. "In their meeting this afternoon Sen. Specter thought Ms. Harriet Miers said she agreed with Griswold v. Connecticut and there was a right to privacy in the Constitution," Specter spokesman William Reynolds wrote in an e-mail to reporters. "After Sen. Specter commented on that to the news media, Ms. Miers called him to say that he misunderstood her and that she had not taken a position on Griswold or the privacy issue. Sen. Specter accepts Ms. Miers' statement that he misunderstood what she said." Los Angeles Times: Interpretations Differ After Talks With Miersexternal link

DeLAY NIXED PLEA DEAL: U.S. Rep. Tom DeLay's lead attorney Monday said Travis County District Attorney Ronnie Earle offered to let the congressman plead guilty to a misdemeanor but indicted him on a felony when DeLay refused. The plea offer was mentioned in a letter to Earle from attorney Dick DeGuerin of Houston that accompanied motions to dismiss the indictments against DeLay. DeGuerin also asked that DeLay be severed from two co-defendants so he could be tried as quickly as possible. Houston Chronicle: DA 'tried to coerce' DeLay, his lawyer saysexternal link

IS THIS HOW A ROVE-LESS WH OPERATES? With Karl Rove distracted by the intensifying C.I.A. leak scandal, some of the Bush administration's other challenges in recent months have cast a longer shadow on Andrew H. Card Jr., for years a guiding force as the White House chief of staff. His office oversaw the administration's response to Hurricane Katrina, coordinating federal assistance that was broadly condemned as too slow. Mr. Card personally managed the selection of Harriet E. Miers for the Supreme Court, a choice that has splintered the Republican Party and left the administration scrambling to rescue her nomination. New York Times: Bush Crises Raise Criticism of Chief of Staff's Management Styleexternal link

TURD BLOSSOM'S GARAGE:external link He is "the architect" who steered George W. Bush to victory four times, twice as Texas governor and twice as president. But can Karl Rove organize his own garage? Can the master of Bush's political planning figure out where to put the ladders, paint cans and cardboard boxes? Rove's wife, Darby, raised the white garage door one morning last week to show journalists outside the million-dollar brick home that the deputy chief of staff, assistant to the president and senior adviser wasn't home. All the interest came on the eve of his testimony Friday before a grand jury investigating who in the White House might have revealed the identity of a CIA operative. There was no car in the garage. And the stuff left behind turned out not to be much different from what gathers dust inside most American garages. AP via Yahoo! News: Karl Rove's Garage Proves To Be Typicalexternal link

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