As expected, the GOP was unsuccessful in their cloture attempt this morning on the nomination of Miguel Estrada, 44-55. This defeat was completely avoidable for President Bush, who could have easily picked up the five necessary votes had he either released the legal memos Estrada wrote in the Justice Department in an edited form, or prepared summaries of the positions Estrada took in those memos. Asserting a variation of work-product privilege made it seem like they were trying to hide behind a technicality to prevent his opinions from going public, and his wing-nut friends did him no favors.