President Bush on Tuesday shifted a controversial federal appeals court nominee from one opening to another to satisfy Senate Democrats.

In a nod to the Senate's new Democratic leadership, Bush withdrew the nomination of Norman Randy Smith of Idaho for one seat on the San Francisco-based 9th U.S. Circuit Court of Appeals and nominated him for a different seat.

Federal appeals court seats traditionally stay in the hands of judges from the same states. Bush nominated Smith to a 9th Circuit seat held by a judge who lived in Idaho but previously had lived in California.

Sen. Dianne Feinstein, D-Calif., a Judiciary Committee member, threatened to block the Smith nomination, contending the seat was a California seat. She argued that if Smith were confirmed, California would be underrepresented on the nation's largest federal appeals court.

Only last week Bush resubmitted Smith's name to the Senate for the California seat, which had been held by Judge Stephen Trott, On Tuesday he withdrew that nomination and nominated Smith to replace Thomas G. Nelson of Idaho.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., welcomed the move, saying that Bush had "avoided a needless fight over a judicial nominee."

President Bush Friday signed into law new federal legislation seeking to protect traditional, wireless, and internet phone calling consumers by preventing phone companies from selling their private phone records without customer authorization and criminalizing attempts to obtain those fraudulently. The Telephone Records and Privacy Protection Act of 2006 passed the Senate in December in response to the Hewlett-Packard corporate spying scandal that broke this past summer.

The Act prohibits "making false or fraudulent statements" to phone company employees in an effort to obtain confidential phone records. It also forbids "accessing customer accounts through the Internet" without authorization. Those who contravene the Act can face up to 10 years in prison.

"The changes I have outlined tonight are aimed at ensuring the survival of a young democracy that is fighting for its life in a part of the world of enormous importance to American security," Bush said in a nationally televised address. "The question is whether our new strategy will bring us closer to success. I believe that it will."

Bush's optimism was immediately challenged by Democratic leaders, who repeated their opposition to increasing troop levels. Even some Republicans criticized the plan.

The president acknowledged previous failures.

"Where mistakes have been made, the responsibility rests with me," he said. Past efforts to quell violence in Baghdad failed, he said, because "there were not enough Iraqi and American troops to secure neighborhoods" and "there were too many restrictions on the troops we did have."

He said his plan would remedy such flaws.

In earlier operations, the president said, "political and sectarian interference prevented Iraqi and American forces from going into neighborhoods that are home to those fueling the sectarian violence."

"This time, Iraqi and American forces will have a green light to enter those neighborhoods," Bush said.

Fielding served as General Counsel to President Reagan from 1981-86 and deputy counsel under President Nixon from 1970-72, and is regarded by observers as having the political experience that Bush may need to face challenges to executive authority from the new Democratically-controlled Congress. Fielding, 67, leaves his position as a partner at Wiley, Rein and Fielding in Washington, DC.

President Bush will deliver a much-anticipated address to the nation Wednesday night on his new strategy for the war in Iraq. Media reports say the president is expected to announce an increase of as many as 20,000 U.S. troops in Iraq. New Democratic leaders in Congress have already criticized the idea of a surge in forces, saying they do not believe that adding combat troops will contribute to success.

Also Monday, White House officials say President Bush will nominate U.S. Ambassador to Iraq Zalmay Khalilzad to be Washington's representative to the United Nations. White House spokesman Tony Snow says U.S. Ambassador to Pakistan Ryan Crocker will replace Khalilzad in Iraq. Snow says an official announcement is expected from the State Department later today.

If confirmed by the U.S. Senate, Khalilzad would replace John Bolton. Before taking the position in Iraq, Khalilzad served as Ambassador to Afghanistan from November 2003 to June 2005. During that time, he also served as the special presidential envoy to Afghanistan. A report today in The New York Times says Mr. Bush's new Iraq strategy will set a series of goals for the Iraqi government to meet.

The newspaper says the U.S. "benchmarks" will call for Iraqi leaders to draw more Sunni Muslims into the political process and ease restrictions on members of the formerly ruling Baath Party.