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Harriet Miers was hardly a household name when she was chosen as the White House’s top lawyer in 2004. Though Republican lawyers are uncertain who President George W. Bush will name to replace her when she steps down at the end of the month, they are certain it will be a Republican litigator familiar with the politics of Washington. At least one speculative replacement — former Solicitor General Theodore Olson, now a partner at Gibson, Dunn & Crutcher — has already said he is not in the running. Others predict the White House will turn to a well-known lawyer with previous ties to the counsel’s office such as Fred Fielding, a name partner at Wiley Rein & Fielding who served as White House counsel under President Ronald Reagan; or Arthur Culvahouse Jr., chairman of O’Melveny & Myers, who held the job under George H. W. Bush. On the other hand, the president may choose someone who has been working closely with the current administration, such as Charles Cooper, a judicial-nominations insider who led the Bush v. Gore litigation; or George Terwilliger III, a partner at White & Case and former deputy attorney general; or maybe David Aufhauser, general counsel at UBS AG and former general counsel at the Treasury Department. One former Bush official also named as a possibility, Jay Lefkowitz, now a partner at Kirkland & Ellis, declined comment. None of the other aforementioned possibilities could be reached for comment — or confirmation.
Emma Schwartz can be contacted at [email protected].

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